Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 14, 1980 and adjourned Saturday, March 8, 1980, volume I

Compiler's Note
The Journal of the Senate regular session of 1980 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 14, 1980 through February 27, 1980. Volume II contains February 28, 1980 through March 8, 1980 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 1980 and adjourned Saturday, March 8, 1980
VOLUME I
1980 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1980
ZELL MILLER --------------_.._ President (Lieutenant Governor)
TOWNS COUNTY
AL HOLLOWAY _______________________ President Pro Tempore
DOUGHERTY COUNTY
HAMILTON MeWHORTER, JR. --.-------- Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS __._.._________________.Messenger
FLOYD COUNTY
WALT BELLAMY _______________________....--Doorkeeper
FULTON COUNTY
STAFF OF SECRETARY OF SENATE
ALICE E. HOGE -----.------------_----------.........Assistant Secretary
FULTON COUNTY
SARALYN FOSTER ___________.--------Calendar and Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT ______----..----------------Journal Clerk
ROCKDALE COUNTY
PAUL THOMASON .------_--------..----..------Assistant to Secretary
COBB COUNTY
AGNES DOSTER ----------------------------------Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN ..----------------.----------------.Bill Status Clerk
FULTON COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1979-1980

Senators

District

Address

Thomas F. Allgood _---- ,,__------------------ 22nd----- Augusta W. D. (Don) Ballard -----------_------------45th ---- Covington Ed Barker . ----------__--..--_------------18th ----Warner Robins Roy E. Barnes --.-.------------_--------33rd----.Mableton Robert H. Bell _ ._--___ 5th ,,,,.. Atlanta Julian Bond ----__----------____________..--_--__39th ---- Atlanta Haskew H. Brantley, Jr. ,,_----------------_56th_---- Atlanta Paul C. Broun -__----___------------___________46th__ Athens M. Parks Brown ___________________----.------------47th...--Hartwell Glenn E. Bryant ___________________,,.------__--________--____3rd----Hinesville Hugh A. Carter _-___--_----------------------.14th----Plains Kyle T. Cobb _.___.______._._.._._.__.28th__--Griffin Paul D. Coverdell _________________________________------....40th ----.Atlanta Nathan Dean .................___________________________________31st ----Rockmart J. Ebb Duncan _----------------_----------------_30th----.Carrollton Frank Eldridge ,,,,______._._______________________.._----__^7th_----Waycross Bill English ----.,,.....,,....._.....,,...__._..__.--,,___________21st ___.__..Swainsboro Todd Evans _-------_______------------_.____.____..37th ___.____Atlanta Dan H. Fincher __----__................................_.--__52nd_----Rome W. W. (Bill) Fincher, Jr. ____._...___._._._54th._.__Chatsworth John C. Foster ------------_----_--------------50th .----Cornelia Hugh M. Gillis, Sr. ------__------------_--..--__20th.._.___ Soperton Richard L. Greene --..,,..------------------------.26th,---- Macon Render Hill ------......___..-_......._...--._...---- 29th ........Greenville Al Holloway _------.__.._.......,,._,,------___...__----12th ___.._,,Albany Janice S. Horton .___...____..--_____________...----.--___17th _--.__.McDonough Pierre Howard, Jr. ------_ ___.___.__--..,,_,,...... 42nd ___._--Decatur Floyd Hudgins --.__._______________----------------15th ---Columbus Perry J. Hudson ,,........._..,,,,.__.--_-------- .....35th...____.Hapeville Edward H. Johnson ------_------------------_. .34th.,..--.Palmetto Joseph E. Kennedy _._..^^..____.___________^--_----._--4th--.....Claxton Culver Kidd _----___._____._.___..._.....----.----.-.--25th ___.._. Milledgeville Ted J. Land _--__----_----_----------------...16th--....Columbus

5

Senators

District

Address

J. Beverly Langford --------------...------__51st----..Calhoun Jimmy Lester ...--..._.----..--.----------._.----_23rd ........ Augusta Bill Littlefield --._....----------------------------6th _----.Brunswick Sam P. McGill --------.-------.._---_------.--24th..--.Washington Howard T. Overby ------------------------_49th __--Gainesville James L. (Jimmy) Paulk .----...____ ._----------13th.----Fitzgerald Steve Reynolds ----------------------------48th ---,,.Lawrenceville John R. Riley --.--_--_---_--_----------,,-.--_----..1st--_._ Savannah W. Lee Robinson ____________________________....,,...,,.._.27th _,,-- Macon Henry P. Russell, Jr. ,,..._.,,..--...,,,,,,....-...,,....-..10th..-- Boston Thomas R. (Tom) Scott ____,,_____--_______,,----_.43rd--.-.Decatur Terrell Starr ..-----.----.._----------------. 44th .--..Forest Park Jack L. Stephens --------.......___----------...--_36th ----Atlanta Lawrence (Bud) Stumbaugh ----------__----55th----Stone Mountain E. G. Summers --------------.----.----.--------_53rd----LaFayette Franklin Button .--....,,....----...----..,,..._....----9th--...Norman Park Horace E. Tate ---_...----....---.-...,,........--..--_38th----..Atlanta Joe Thompson --------_.______----_,,-.....--.,,...._. 32nd ----. Smyrna Jimmy Hodge Timmons --.------.----------...llth--.--.Blakely Loyce Turner _...--_..--..---..,,....------.----...8th--...Valdosta James W. Tysinger ..........._........--..------.--41st--...Atlanta Ronnie Walker ................................-.....-.-...----..19th ----.McRae Charles H. Wessels .------_._--------.......--....2nd ----. Savannah

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING
TO NAMES, WITH DISTRICTS AND POST OFFICES

Name

District

Post Office

G. D. Adams ________________----____--------.36 ______ ___________ Atlanta Marvin Adams ___________ _________________.79 ------____--______ Thomaston Wendell T. Anderson, Sr. ____________________ 8, Post 3 _________ Canton Bob Argo ..------_._--_._.__----------------.63 ___________ _______ Athens Dean Auten __________________________________________ 154 _________________ Brunswick Ralph J. Balkcom __________________________________ 140 ___________________ Blakely Emory E. Bargeron _____________________ _______83 __________________ Louisville Joseph A. (Joe) Battle __________________________124 _____________.,,_______ Savannah Wilbur E. Baugh _________ ________________________108 ________________________.Milledgeville Alveda King Beal _______ _________________ _._._28 _____________________ Atlanta James M. Beck --.__------------------.--.148 __.__._____--____________ Valdosta Jimmy Benefield _.___----------____.._.72, Post 2 ___________ Jonesboro Kenneth W. Birdsong _________________.________.103 _,,._____________...____ Macon Sanford D. Bishop, Jr. __________________________94 ___________,,..,,__________ Columbus Paul Bolster ___________________________________________ 30 ______._..______..____,, Atlanta Henry Bostick ______._________________^_.___________146, Post 1 _________Tifton Claude A. Bray, Jr. ________ ____________________..._70 ________________________ Manchester Paul S. Branch, Jr. _______.________________________137 _____-_-_,,--_______ Fitzgerald Thomas B. Buck, III __________________________ _____95 _______________________ Columbus A. L. (Al) Burruss ____________________ ___________._21, Post 2________._ Marietta Joe Burton _____.__._,,________________________--_________47 _____-._-_--.__-__--__ Atlanta Henrietta M. Canty _.__.___-._-________-________-__38 __________________________ Atlanta Charles L. (Charlie) Games __________________43, Post 1 __________ Atlanta Bobby Carrell ____,,____________________-__--_____75 ____--.------__---- Monroe Gary C. Cason _____...______.______..__.--________..._96 _______________________ Columbus Don Castleberry --_____....--.____-----_-_____! 11 _______________________ Richland G. Richard Chamberlin ______.-_-___________._.73 _________________________ Stockbridge George A. Chance, Jr. __________________________129 .________,,____--_______ Springfield Donald E. Cheeks, (Don) __._________._-__,.____.89 ____________________ Augusta E. M. (Buddy) Childers ______________________..._15 __.______-__--______-_ Rome Peggy Childs ____....____________._...________....._._51 __..__._____-___________ Decatur Betty J. Clark ._.._.__________._....____________....____55 ____--____. Atlanta Louie Clark ____________....__________.._.____-_______....13, Post 1 ___________ Danielsville A. D. Clifton _________._____107----_--___ Metter Thomas Clifton ____.___.... __________________-__..-121 ..___._--..-..-Lyons

7

Name

District

Post Office

Luther S. Colbert -----------_------_----23 ..........__--------Roswell Terry L. Coleman --__--------------_------118 _------------_ Eastman Marcus E. Collins ------------------144 ____----------,,_.Pelham Carlton H. Colwell ----------------------.4, Post 1------ Blairsville Jack Connell ----------------------------87 --- -------- Augusta Bill Cooper ----_----__--------------_------__19, Post 3-.---- Marietta Walter E. Cox ...............----------------141 ........ ----____--Bainbridge John Crawford ____________----__------------_5 _------------Lyerly Tom Crosby, Jr. ------------------________150 ------_,,....--___.Waycross Bryant Culpepper _______,,------,,___ --________98 ----------------.Fort Valley G. F. (Danny) Daniel, Jr. ____ ________......._88 --------------Augusta J. C. Daugherty ----------------------_33 --------------Atlanta Burl Davis --_----------_--------............99 .----------.----Macon Douglas C. Dean ----------------------___29 _._.__--__.--_------Atlanta R. A. Dent --------.------------___------___85 --,,--_--------Augusta Harry Dixon ___________________--------_------151 -----------------Waycross Bill Dover --_--------------.------------11------_-------- ..Hollywood Ward Edwards ----..-_------__.--------____110 ----------------Butler Ewell H. (Hank) Elliott ------_____------49 ____------------Decatur Warren D. Evans ------------------.--84 ____----__._------.Thomson Dorothy Felton _------------__...--_____ 22 ___________----Atlanta James R. (Jim) Fortune, Jr. _______________71, Post 1.--___ -Griffin R. L. (Shorty) Foster ----_------___----____6, Post 2___.----Dalton Ken Fuller ___--------________--------------16 ----------_______Rome Mary Jane Galer ----...--------_----------___97 ----------------Columbus Lynn Gammage _______________________----17 ____--__----------Cedartown Arthur M. (Art) Gignilliat --------122 ----------------Savannah Mildred Glover ----_------_--------------__.32 __-__-----------Atlanta Joel R. Greene ----------------------138, Post 2----_____.Jesup John W. Greer ---------_----------------43, Post 3------Atlanta Benson Ham -------------__________._____--_____80 ________--------Forsyth Mrs. Grace T. Hamilton ----------_.--31 __,,------_----Atlanta Bob Banner ------_____.----------------130 ..------___------__.Parrott Joe Frank Harris _--------_.------------8, Post 1-------Cartersville Carl Harrison ----___----------_____.._--20, Post 2...----Marietta W. G. (Bill) Hasty, Sr. ___________8, Post 2------.Canton Charles F. Hatcher --------------------131 ------------Albany John Hawkins _______________________--____50 ------------Atlanta Forest Hays, Jr. ------------ ______----__--!, Post 2-------Chatta
nooga, Tenn. Bobby L. Hill --__.------------------.127 ------------Savannah

8

Name

District

Post Office

Bob Holmes --------_------------.._.-- .39 ----------------Atlanta Frank Home ----------......_......--________.104 ----_---------- Macon Eugene (Gene) Housley -------------- 21, Post 1------__ Marietta R. S. (Dick) Hutchinson----.------_----133 --------------.Albany Jack Irvin --------------------------------10 --------------. Baldwin Johnny Isakson _------------.-------- 20, Post I........... Marietta Jerry D. Jackson ----_------_------__--------9, Post 3_--...... Chestnut
Mountain Wm. S. (Bill) Jackson ----------.-------77 --------------_ Martinez Ben Jessup ----------------------------____117 --------------_--. Cochran Gerald Johnson --------------------------66, Post 1 --_.____ Carrollton Philip Johnson ----__----------------------74 _____-------------- Covington Rudolph Johnson ------------------------72, Post 4------. Morrow Joe John ston ----------------.--------------56, Post 2 ....---- Decatur Bill Jones ...--------------...--------------78 ----...--------. Jackson Herbert (Herb) Jones, Jr. --------_---- 126 _---------------- Savannah Max D. Kaley ----------------------------19, Post 2 ----- Marietta Randolph C. (Randy) Karrh ----------106 --------______---- Swainsboro Rene D. Kemp ---------------------- 139 -------------- Hinesville Thomas (Mac) Kilgore ------------------65 --------------_ Douglasville Nathan G. Knight ----------------------67 ---------------- Newnan E. Roy Lambert __,,--.------------------112 --------------.Madison Dick Lane --------------------------------40 .--------------EastPoint W. Jones Lane ----------------------81 ----------_--_--. Statesboro Bobby Lawson --------------------_________ 9, Post 2------.. Gainesville William J. (Bill) Lee -------------------72, Post 1------.Forest Park John Linder --------_--------------__------44 --------------. Dunwoody Hugh Logan ----------_______,,_------------62 --------------.Athens Bobby Long ------------------------142 ------------Cairo Jimmy Lord ------_______------___-------- 105 -------------- Sandersville Bettye Lowe ------------------------------43, Post 2----- Atlanta David E. Lucas --------------------------102 ---------------- Macon Wm. C. (Bill) Mangum, Jr. ----------56, Post 1------ Decatur Charles C. Mann ------------------------.13, Post 3------ Elberton Sidney J. Marcus ----------------------26 --------------.Atlanta Charles Martin ----------------------------60 --.....------------Buford Hugh D. Matthews --------------------145 ------------ Moultrie Lauren (Bubba) McDonald, Jr. ------_--12 ....------_.------ Commerce J. E. (Billy) McKinney ----------------35 --------------- Atlanta Bill Milford .----.----------...,,.--......_.....13, Post 2...---- Hartwell Lundsford Moody --------------------138, Post 1------ Baxley

Name

District

Post Office

James C. Moore .____------------------ 152, Post !_--______West Green John L. Mostiler _____--------_------------71, Post 2 ________ Griffin Edwin G. (Ed) Mullinax ____________ ____________69 ________________________ LaGrange Thomas B. Murphy ------________ _______18 .----___--------.Bremen William Murray _________------------------116 __ -- ____------__ Americus Paul E. Nessmith, Sr. ______________________________82 ________________________ Statesboro Michael C. Nichols --------------------27 _________________________ Atlanta Ken Nix ________,_____________________________________________20, Post 3_------ Smyrna Lucian K. Oldham ____ _______________________________14 ------ _--_______ Rome Mike Padgett __________________________________________86 ________________________ Augusta Bobby E. Parham _______--------------109 -------------- Milledgeville Lillian H. Parkman ________________________________ 134 ______________________ Albany Robert L. (Bob) Patten __________________ 149 ________________________ Lakeland Robert G. (Bob) Peters ________________ _______ 2 ___________________ Ringgold Bobby Phillips ________________________________________ 125 ______________________ Savannah L. L. (Pete) Phillips ________________ _.------120 ._______. ____________ Soperton R. T. (Tom) Phillips--------------------59 _________________________ Stone
Mountain W. Randolph (Randy) Phillips ----...-.91 ________________________ Shiloh Greg Pilewicz _------------____------------41 _________________________ East Point Frank C. Pinkston _...--------------------100 _________________________ Macon Howard H. Rainey ____------______------___135 .___------___,,._.___Cordele Ernest Ralston ----...--_________-_.__________________7 ____________________ Calhoun Tom Ramsey __________________.___________________________3 _________________________ Chatsworth William C. (Billy) Randall ___.___________.____101 ___._..___._. Macon Henry L. Reaves ____________________-_.-__..__147 ____________________ ___Quitman Eleanor L. Richardson ______-____________________52 __-_______.____-_-._____Decatur Cas M. Robinson _________._-.._.__________________...___58 _________________________ Stone
Mountain Ben Barren Ross _____________________________.._____..76 _________________________ Lincolnton J. Roy Rowland ____.___-_______.-___________________119 _________________________ Dublin John Russell ___________...._.._________.___...__.___..._64 _________________________Winder John Savage _.-.___________.___._______________.._.__._ 25 ________________________ Atlanta Albert (Al) Scott ._-______..-.____________________123 -..._-.-..__________-_ Savannah David Scott ________________.....______________.____.___..._37 --._._--.....----Atlanta Robert C. (Bob) Sise _----..____....____________143 ___.__._....______________Thomasville Earleen Sizemore -- _------------..--.136 ..._.-....-.__------Sylvester Tommy Smith ....._--__--_______.......-_.__.....152, Post 2_--_.....Alma Virlyn B. Smith ..........__________ ..................42 ..__......._......_----Fairburn Calvin Smyre ..._-__--_.-....-._...--..------_.--92 _--....____...----Columbus Wayne Snow, Jr. _,,...________________..______....._.... 1, Post 1--.......Rossville Cathey Steinberg ._----___--------------46 .......--.....-._--Atlanta

10

Name

District

Post Office

David Swann __,,_,,__________,,_,,______.90 ________________________ Augusta Charles Thomas __________________________________ 66, Post 2___-________Temple Albert W. Thompson _______________________________ 93 __________________________ Columbus
Tommy Tolbert ______________________ _____________ 56, Post 3_________ Decatur Kiliaen V. R. (Kil) Townsend _ ____________24 ____..--__-_--_-_ Atlanta Tom Triplett -_________._______________128 ________________________ Savannah James R. (Jim) Tuten, Jr. ___.__________________153 __.___,,_--__.-- Brunswick Ralph Twiggs ______________________________________________4, Post 2___________ Hiawassee Doug Vandiford _.____________.__________53 _____________ Avondale
Estates Clarence R. Vaughn, Jr. __________________________57 __________________ Conyers
Monty Veazey __________________________ _____146, Post 2_____ ___ Tifton Ted W. Waddle ______________________ ___.___._______113 ._.___.___..__Warner
Robins Larry Walker ___________________ _____________________115 ______________________ Perry Vinson Wall ________________________..,,,,_______61 _________________________ Lawrence-
ville J. Crawford Ware ________________________68 ________________Hogansville Lottie Watkins _____________ _____________________34 _______________________ Atlanta Roy H. (Sonny) Watson, Jr. _______________ 114 _________________________Warner
Robins John White _____________ _________________ __132 _._____-___________-_____.Albany Betty Jo Williams ________________ _________.________48 ________________________.Atlanta Rev. Hosea L. Williams ____________________._.____-54 _________________ Atlanta Roger Williams ____________________ ____________________6, Post 1 ___________Dalton George Williamson ____________________._45 ___________________ ..Atlanta Joe Mack Wilson ________________________________19, Post !___________ Marietta Jim Wood ______________ ________________________________72, Post 3_______Forest Park Joe T. Wood _________ ____________________.______.____9, Post l____________Gainesville

11

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 14, 1980

The Senators of the General Assembly of Georgia for the years 1979-1980 met pur suant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.
The President asked the senators to stand for a moment of silent prayer for Senator Duncan of the 30th who is hospitalized.
The President called for the morning roll call, and the following Senators answered to their names:
Those answering were Senators:

Allgood Ballard
Barnes Bell Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans
Fincher of 52nd

Fincher of 54th Foster
Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Langford Lester Littlefield
McGill

Overby Reynolds
Riley Russell Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker
Wessels

Those not answering were Senators:

Barker Bond Brown of 47th Duncan

Holloway Hudson Johnson Paulk

Robinson Scott Stephens

Senator Greene of the 26th introduced the chaplain of the day, Reverend Jimmy Waters of Jimmy Waters Ministries, Macon, Georgia, who offered Scripture reading and prayer.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

14

JOURNAL OF THE SENATE,

Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 423. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Senate that the House has convened.
HR 424. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has conven ed.
The Speaker appointed a committee to notify the Governor on the part of the House, the following members thereof:
Representatives Anderson of the 8th, Beal of the 28th, Chamberlin of the 73rd, Coleman of the 118th, Galer of the 97th, Hill of the 127th and Lee of the "2nd.
HR 427. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor,
The Speaker has appointed a Committee of Escort on the part of the House, the following members thereof:
Representatives Balkcom of the 140th, Birdsong of the 103rd, Childs of the 51st, Clifton of the 121 st, Colwell of the 4th, Fortune of the 71 st and Ham of the 80th.
HR 428. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker has appointed a Committee of Escort on the part of the House, the following members thereof:
Representatives Kaley of the 19th, Mostiler of the 71st, Padgett of the 86th, Milford of the 13th, Moore of the 152nd, Scott of the 37th and Pinkston of the 100th.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 324. By Senator Sutton of the 9th:
A bill to provide for proper incentives for certain industries, trades, and commercial enterprises in this State; to direct that studies be made by the Department of Industry and Trade and appropriate legislative committees; to require recommendations; to repeal improper incentives. Referred to Committee on Industry, Labor and Tourism.

MONDAY, JANUARY 14, 1980

15

SB 325. By Senator Barnes of the 33rd:
A bill to provide that no civil obligation or contractual relationship shall arise solely from an enactment of the General Assembly; to provide for ap plication. Referred to Committee on Special Judiciary.
SB 326. By Senators Littlefield of the 6th, Eldridge of the 7th and Kennedy of the 4th:
A bill to provide for one additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. Referred to Committee on Judiciary.
SB 327. By Senators Tate of the 38th, Littlefield of the 6th and Bond of the 39th:
A bill to amend Code Section 32-903.1, relating to eligibility of persons to serve on county boards of education, so as to provide that certain persons having control or custody of minor children enrolled in certain nonpublic schools are not eligible to serve. Referred to Committee on Education.
The following bill of the House was read the first time and referred to committee:
HB 279. By Representatives Greer of the 43rd and Buck of the 95th:
A bill to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act" so as to provide for a declaration of purpose; to provide for a Board of Trustees and its members. Referred to Committee on Retirement.
The President introduced the doctor of the day, Dr. James Kaufmann, of Atlanta, Georgia, and nurse of the day, Kathy Easterling.

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

SR 225. By Senators Eldridge of the 7th, Riley of the 1st andHolloway of the 12th: A resolution adopting the Rules of the Senate.

The President announced that the Senate would stand in recess for ten minutes.

The President called the Senate to order.

On the adoption of the resolution, the yeas were 50, nays 0, and the resolution was adopted.

16

JOURNAL OF THE SENATE,

The following communications were received and read by the Secretary:

OFFICE OF LIEUTENANT GOVERNOR 418 State Capitol
Atlanta, Georgia 30334 April 24, 1979
Honorable Zell Miller President of the Senate 418 State Capitol Atlanta, Georgia 30334
Dear Mr. President:
I respectfully submit my resignation as Messenger of the Georgia Senate to be effective Thursday, May 31,1979.
Sincerely,
/s/Winston Pittman
CC: Mr. Hamilton McWhorter Secretary of the Senate
Mr. Gary Bond Legislative Fiscal Officer

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

Senator Fincher of the 52nd nominated Honorable Marvin W. "Cap" Hicks of Floyd County as Messenger.

Senator Broun of the 46th seconded the nomination.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable Marvin W. "Cap" Hicks.

The consent was granted, and Honorable Marvin W. "Cap" Hicks was declared elected Messenger.

The following resolutions of the Senate and House were read and adopted:

SR 226. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th:
A resolution to notify the House of Representatives that the Senate has con vened.

MONDAY, JANUARY 14, 1980

17

HR 424. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has con vened.

The President appointed as a Committee of Notification on the part of the Senate the following: Senators Riley of the 1st, Holloway of the 12th, Howard of the 42nd, Gillis of the 20th, Starr of the 44th, Bryant of the 3rd and Eldridge of the 7th.

HR 427. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and Senate at 11:45 o'clock A.M., on January 15, 1980, for the purpose of hear ing the State of the State message from the Governor at 12:00 o'clock Noon.

The President appointed as a Committee of Escort on the part of the Senate the following: Senators Riley of the 1st, Holloway of the 12th, Howard of the 42nd, Gillis of the 20th, Starr of the 44th, Bryant of the 3rd and Eldridge of the 7th.

HR 428. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and Senate at 11:45 o'clock A.M., on January 17, 1980, for the purpose of hear ing the Budget message from the Governor at 12:00 o'clock Noon.

The following copy of a communication from His Excellency, Governor George Busbee, to Honorable Thomas B. Murphy, Speaker of the House of Representatives, was received and read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 25, 1979
Honorable Thomas B. Murphy Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 252, 433, 453, 670 and 703 which were pass ed by the General Assembly of Georgia at the 1979 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I

18

JOURNAL OF THE SENATE,

transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
Sincerely,
Is/ George Busbee
Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable Ben W. Fortson, Jr., Secretary of State
Veto No. 1--H.B. 252 by Representatives Williamson of the 45th, Kemp of the 139th, Burton of the 47th and others.
Among other things, House Bill 252 would allow a public utility cor poration regulated by the Public Service Commission to establish and ad minister a political action committee. This bill would then permit contribu tions by such political action committee to any political campaign except candidates for Public Service Commission.
Well-publicized abuses committed in the past by some utilities and their officials have caused the public to seriously question the wisdom of relaxing this State's policy against allowing utilities to make campaign contributions to State and local candidates.
It is my belief that now is not the proper time to depart from the present policy of prohibiting such contributions. For this reason, I have vetoed House Bill 252.
Veto No. 2--H.B. 433 by Representatives Jessup of the 117th, Buck of the 95th, Edwards of the 110th and Castleberry of the 111 th.
House Bill 433 establishes the criteria for and the procedures under which a person, whose motor vehicle operator's license has been revoked due to the fact that his driving habits and traffic violations record has resulted in his classification as a habitual offender, may be granted a proba tionary license to operate a motor vehicle under restrictive conditions im posed by the Commissioner of the Department of Public Safety when it is shown to the satisfaction of the Commissioner that a genuine hardship would exist without the ability of the habitual offender to again be permit ted to operate a motor vehicle. Those persons who have their driving privileges revoked because they are a habitual offender have a proven record that they constituted a serious safety hazard to the motoring public. These individuals have repeatedly demonstrated their inability to abide by and conform to the traffic laws of this State and the lack of the capacity to operate a motor vehicle in an acceptable and safe fashion. Prior to being declared a habitual offender, these individuals have been repeatedly forewarned of the consequences of continued and repeated violations. Nevertheless their driving record over a five year period has clearly demonstrated that they are a serious threat to public safety while operating

MONDAY, JANUARY 14, 1980

19

a motor vehicle. While I am aware of the hardship which the loss of an in dividual's driving privileges can reek upon the ability of an individual to earn a livelihood, I deem it unwise to adopt a procedure which will allow a person who has repeatedly demonstrated his lack of capacity to operate a motor vehicle in a safe manner to again be placed in a position of menacing the motoring public. For these reasons, I have vetoed House Bill 433.
Veto No. 3--House Bill 453 by Representatives Galer of the 97th, Hanner of the 130th, Castleberry of the 11th and others.
House Bill 453 provides that Georgia would become a party to the TriRivers Waterway Compact along with the States of Alabama and Florida. The Compact would study and make recommendations concerning the use of the Apalachicola, Chattahoochee, Flint Waterway for water consump tion, recreation, wildlife management, commercial fish production, naviga tion, power generation, flood control and any other uses deemed ap propriate by the Board of Directors.
The Flint River and Chattahoochee River are not in Alabama but are wholly within Georgia. The Governor of Florida has contacted me and states that Florida strongly opposes this bill and if the same is enacted, he feels that this will seriously hamper our relationships on these waterways in the future. This proposed legislation provides that the Compact can go into effect without all three states consenting if two of the states ratify the Com pact and Congress gives its consent. It then provides for an initial Board of Directors of five from each state and recommends that they be nominated by the Tri-Rivers Waterway Developmental Association and submitted to the Governor for his approval and the governors are then encouraged in each state to select from counties named in the bill. In Georgia, these counties would be Clay, Decatur, Early, Miller, Mitchell, Muscogee, Quitman, Seminole or Stewart. Subsequent board members would have to be selected from counties whose governments pay dues to support the Compact. The legislation further provides that even though each state would have five members, the voting would be based on the amount of the contributions made by the governing authorities of each county.
From my discussions on this bill, it appears that one of the primary pur poses is to provide a deeper channel for barge traffic on the lower part of the Apalachicola, Chattahoochee and Flint Rivers. I support this concept; however, this bill is much broader and provides that this Commission shall be a state agency representing the entire State of Georgia with limited geographical representation, but representing all the people of this State on water consumption, recreation, wildlife management, commercial fish pro duction, navigation, power generation, flood control and other uses deemed appropriate by the Board of Directors. For this reason, I have not only received strong objections from Florida, but also from many counties in this State that are affected in some manner by these rivers in the uses outlined and who have grave concern on creating a state agency with such limited regional representation and with voting based on amounts of contributions of each of the counties.
I strongly support having a channel of sufficient depth to support barge traffic on these rivers, but I do not feel that this legislation would assist in this effort.

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I have conferred with Governor Graham of Florida and Governor James of Alabama and reviewed this matter by phone. We agreed that it would be in the best interests of all three states if we met and attempted to resolve our differences. This we plan to do in the next several weeks.
For these reasons, I am vetoing House Bill 453.

Veto No. 4--H.B. 703 by Representative McDonald of the 12th.
House Bill 703 would provide the circumstances under which certain itinerant merchants would be required to obtain a business license in each county or municipality in which the merchant sought to do business and name an agent for service. The fee for the business license would be $ 150.00 in each licensing jurisdiction. Such restrictive provisions are prohibitive to the vast majority of itinerant merchants affected and would result in many of these legitimate business activities being legislated from the market place. The subject of the regulation and licensing of local merchants in order to protect the consuming public is in many instances best addressed by local licensing authorities rather than State action. I believe this to be true with that class of itinerant merchant sought to be regulated by this bill. For these reasons, I have vetoed House Bill 703.
Veto No. 5--H.B. 670 by Representatives Snow of the 1st and Tuten of the 153rd.
House Bill 670 changes the maximum number of permissible days for which Judges of the Superior Courts may receive reimbursement for ex penses incurred while attending judicial educational seminars or courses. The unintended effect of the bill if allowed to become law would result in some Superior Court Judges being denied expense reimbursement for attend ing judicial educational courses for a period of time extending up to seven years. Such legislation would not be in the best interests of the public in that it would have a chilling effect upon the quality of judicial competence and expertise. The principal authors of the bill have joined the Council of Superior Court Judges in requesting that I veto House Bill 670. Accordingly, I have done so.

SENATE CALENDAR
Monday, January 14, 1980
SB 194 Court of Appeals Judges--perform certain duties after retirement SB 200 State Employees Grievances Committee--create (AMENDMENTS) SB 219 Poet Laureate--provide for appointment SB 223 Motor Vehicle for Hire--post bond with Revenue Commissioner
(AMENDMENT)

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21

SB 230 SB 236
SB 278
SB 279
SB 282 SB 298 HB 50
HB 51 HB 112 HB 122
HB 123 HB 144 HB 169 HB 180 HB 191 HB 232 HB 273 HB 277
HB 284 HB 313 HB 407
HB 468 HB 469 HB 475 HB 476 HB 488 HB 497
HB 499 HB 523

Group Health Insurance--preexisting illnesses (SUBSTITUTE) Public Service Commission--prohibit changes in utility prices based on fuel cost change (SUBSTITUTE) Operation of Mortuary at Central State Hospital--prohibit discontinuance Consumers' Utility Counsel--attachment to Office of Planning and Budget Abandoned Motor Vehicle Sale--certain notices by certified mail Attachment--judicial supervision and approval certain affidavits
Employees' Retirement--credit for service as county employee (AMENDMENT) Voting Ballots--candidates'names in same column
Marriage Licenses--notifying parents of certain applicants
Sterilization--remove certain limitations on physician (SUB STITUTE) State Authority Members--enter into certain transactions
Municipal Governing Bodies--provisions on powers (AMENDMENT) Justices of Peace--no list of names not on tax digest Uniform Commercial Code--Secured Transactions--change
Vehicle Insurance Rates--not based on physical handicaps Death Sentences--notice and report to Board of Pardons and Paroles Trial and Accusation and Waiver of Indictment--change provisions Real Estate "open-end" Clause--provisions for no extension of credit (AMENDMENT) Deaf Persons--rights to equal public accommodations Motorcycles--mandatory liability insurance
Deceptive Practices in Sale of Business Opportunities--prevent (SUB STITUTE)
Billiard Rooms--change licensing provisions
Sheriffs--change qualifications
Criminal Proceedings--taking and use of depositions (SUBSTITUTE)
Liens on Personal Property--foreclosure procedures State Funds to Counties for Prisoners Assigned to--use of
Merger of Trust into Domestic Corporation--deed creating trust not authorize merger Land Surveyor Settling County Line Disputes--fixing appropriate fee Criminal Procedure--new Code on restitution

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HB 553
HB 563
HB 590 HB 597
HB 609 HB 619
HB 620
HB 653
HB 709
HB 711
HB 748
HB 772 HB 780 HB 791 HB 845 HB 875 HB 911
HR 79 HR 238 HR 247
HR 269

Providing Information to Professional Health Care Review Organization--immunity from liability (SUBSTITUTE)
Abandoned Motor Vehicle Sale--manner of sending notice to registrant
Department of Archives and History--additional objects and purposes
Postsecondary Education Authority Act of 1978--apply to colleges outside State
Student Grants--redefine "full-time student"
Cities, Counties--installment payments of ad valorem tax certain years
Condominium Act--seven (7) day waiting period following required disclosure
Fair Business Practices Act--legislative findings and intent (AMENDMENTS)
State Employees' Health Insurance--continuation of coverage certain annuitants
Probation Act--reenact provisions on probation and suspended sentences
Ports Authority--investigators have powers of arrest and law enforcement
Business of Financing Insurance Premiums--limitations
Court Costs for Writs of Habeas Corpus--reimbursement to counties
Certified Insurance Counselor--licensure
Drug Related Objects--definitions (AMENDMENTS)
Georgia Microforms Act--provide
Merger with Domestic Insurer--period of notice by Insurance Commissioners
Twin Towers--western edifice "War Veterans Memorial Building"
Joint Office Building and Space Study Committee--create
Augusta-Richmond County--urge cooperation in governmental services for citizens
Funds for Tobacco Research--urge not to be reduced

Senator Riley of the 1st moved that all bills and resolutions of the Senate and House on the Calendar be committed to the committee from which they were last reported.

On the motion offered by Senator Riley of the 1st, the yeas were 37, nays 1. The motion prevailed.

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23

Senator Kidd of the 25th moved that the Senate reconsider its action.

On the motion offered by Senator Kidd of the 25th, the yeas were 7, nays 27; the motion was lost, and the following bills and resolutions were committed:

SB 194. By Senators Overby of the 49th and Foster of the 50th:
A bill to amend Code Chapter 24-35, relating to the organization of the Court of Appeals, as amended, so as to provide that Judges of the Court of Appeals may continue to perform certain duties and exercise certain powers and authority after their retirement from office under certain conditions; to provide for expenses; to provide for retirement benefits and the continuation thereof.
Committed to Committee on Judiciary.

SB 200. By Senator Kidd of the 25th:
A bill to provide for the mediation of grievances between certain State employees and their respective State agencies; to define certain terms; to create the State Employees Grievances Committee; to provide for the powers, duties and compensation of its members; to provide for noneligible employees; to provide procedures for settlement of grievances.
Committed to Committee on Governmental Operations.

SB 219. By Senators Foster of the 50th, Wessels of the 2nd and Riley of the 1st:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities so as to provide for the appointment of the Poet Laureate for the State of Georgia; to provide for matters relative thereto; to provide an effec tive date.
Committed to Committee on Rules.

SB 223. By Senators Johnson of the 34th, Evans of the 37th, Allgood of the 22nd and others:
A bill to amend Code Chapter 68-7, relating to regulation of motor vehicles for hire, so as to require the operator of motor vehicles for hire operated for hauling passengers to post a bond with the State Revenue Commissioner; to provide that the operator and his principal or employer shall be jointly liable for compliance with such requirement.
Committed to Committee on Special Judiciary.

SB 230. 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 certain employers to

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replace any existing policy of group accident and sickness insurance which any such employer then has in effect.
Committed to Committee on Banking, Finance and Insurance.

SB 236. By Senators Barker of the 18th, Robinson of the 27th and Riley of the 1st:
A bill to amend Code Section 93-307.1, relating to certain actions by the Public Service Commission, as amended, so as to prohibit changes in utility prices based on changes in fuel costs, except under certain circumstances. Committed to Committee on Public Utilities.

SB 278. By Senators Paulk of the 13th and Kidd of the 25th:
A bill to prohibit the Board of Human Resources and the Department of Human Resources from discontinuing the operation of the mortuary at Cen tral State Hospital without the express consent of the General Assembly; to provide an effective date.
Committed to Committee on Governmental Operations.

SB 279. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Consumers' Utility Counsel so as to pro vide for definitions; to provide for attachment of the Consumers' Utility Counsel to the Office of Planning and Budget. Committed to Committee on Public Utilities.
SB 282. By Senator Howard of the 42nd:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles, as amended, so as to provide that certain notices may be sent by certified mail; to provide an effective date. Committed to Committee on Judiciary.

SB 298. By Senator Howard of the 42nd:
A bill to amend Code Title 8, relating to attachment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made; to provide for certain determinations regarding the contents of cer tain affidavits; to provide for the promulgation of certain rules.
Committed to Committee on Judiciary.

HB 50. By Representatives Richardson of the 52nd and Vaughn of the 57th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations.
Committed to Committee on Retirement.

MONDAY, JANUARY 14, 1980

25

HB 51. By Representatives Scott of the 123rd, Kemp of the 139th, Gammage of the 17th and others:
A bill to amend Code Section 34-1208, relating to the form of ballot on voting machines, so as to require that in any general, primary, special or run-off election the names of all candidates for each office shall appear in the same row or in the same column.
Committed to Committee on Governmental Operations.

HB 112. By Representatives Childers of the 15th, Manner of the 130th, Fuller of the 16th and others:
A bill to amend Code Chapter 53-2, relating to marriage licenses, so as to re quire the judge of the probate court to notify the parents of certain ap plicants for marriage licenses.
Committed to Committee on Special Judiciary.

HB 122. By Representatives Swann of the 90th, Rowland of the 119th, Parham of the 109th and others:
A bill to amend an Act known as the "Voluntary Sterilization Act" so as to remove certain limitations upon the authority of a physician to perform a sterilization procedure upon a person requesting such a procedure; to con form the text of certain provisions of the Act with law enacted subsequent to the effective date of the Act.
Committed to Committee on Special Judiciary.

HB 123. By Representative Auten of the 154th:
A bill to amend an Act to prohibit full-time appointive officials and employees of the State from engaging in certain transactions affecting the State so as to permit certain persons who serve as members of authorities to enter into certain transactions with the authority under certain cir cumstances.
Committed to Committee on Governmental Operations.

HB 144. By Representatives Savage of the 25th, Townsend of the 24th, McKinney of the 35th and others:
A bill granting to the incorporated municipalities of this State certain basic powers so as to change certain provisions relating to the powers of municipal governing bodies.
Committed to Committee on Community Affairs.

HB 169. By Representatives Williamson of the 45th, Hatcher of the 131st, Phillips of the 59th and Birdsong of the 103rd:
A bill to amend Code Section 24-601, relative to the enumeration of duties of justices of the peace, so as to delete the requirement that justices of the peace shall make a list of names of all persons not on the tax digest.
Committed to Committee on Special Judiciary.

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HB 180. By Representatives Karrh of the 106th, Walker of the 115th, Hatcher of the 131st and Savage of the 25th:
A bill to amend Code Chapter 109A-1 (Revised), relating to secured transac tions, sales or accounts and chattel paper, and known as the "Uniform Com mercial Code - Secured Transactions", so as to correct the designation of the Chapter number; to provide for the time at which a security interest is perfected.
Committed to Committee on Judiciary.

HB 191. By Representatives Walker of the 115th, Evans of the 84th, Foster of the 6th and others:
A bill to amend Code Section 56-507, relating to standards applicable to in surance rates, so as to provide that no insurer shall base any standard or rating plan on vehicle insurance, in whole or in part, directly or indirectly, upon certain physical handicaps of an insured.
Committed to Committee on Banking, Finance and Insurance.

HB 232. By Representatives Davis of the 99th, Williams and Foster of the 6th, Birdsong of the 103rd and others:
A bill to amend Code Section 27-2537, relating to review of death sentences in criminal cases by the Supreme Court of Georgia, so as to provide for transmission by the clerk of the trial court of the notice and report of death sentences to the State Board of Pardons and Paroles at the same time as such notice and report are transmitted to the Supreme Court. Committed to Committee on Judiciary.
HB 273. By Representatives Snow of the 1st, Walker of the 115th and Culpepper of the 98th:
A bill to amend Code Chapter 27-7 relating to indictments, presentments, and accusations, so as to change the provisions relating to trial and accusa tion and waiver of indictment. Committed to Committee on Judiciary.

HB 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.
Committed to Committee on Special Judiciary.

MONDAY, JANUARY 14, 1980

27

HB 284. By Representatives Robinson of the 58th, Rowland of the 119th, Evans of the 84th and others:
A bill to amend an Act providing for and declaring the rights of blind and visually handicapped persons to equal public accommodations and housing so as to provide for the rights of deaf persons.
Committed to Committee on Human Resources.

HB 313. By Representatives Robinson of the 58th, Mangum of the 56th, Vandiford of the 53rd and others:
A bill to require mandatory liability insurance for motorcycles; to provide that it shall be unlawful for any person to operate or authorize any other person to operate certain motorcycles under certain conditions unless the owner has liability insurance on such motorcycles to provide for the amount of such insurance required.
Committed to Committee on Banking, Finance and Insurance.

HB 407. By Representatives Robinson of the 58th, Burruss of the 21st, Waddle of the 113th and others:
A bill to prevent and prohibit fraudulent and deceptive practices in the sale of business opportunities; to provide for disclosure statements and the con tents and filing thereof; to provide for bonds; to provide for trust accounts and deposits; to provide for filing of information with the Secretary of State.
Committed to Committee on Special Judiciary.

HB 468. By Representatives Ham of the 80th and Ross of the 76th:
A bill to amend Code Chapter 84-16, relating to billiard rooms, so as to change the provisions relating to licensing of billiard rooms; to provide that licenses shall be issued by the governing authority of the various counties rather than tax collectors.
Committed to Committee on Consumer Affairs.

HB 469. By Representative Ham of the 80th:
A bill to amend Code Section 24-2801, relating to the election, qualifica tions and terms of office of sheriffs, so as to change the qualifications of sheriffs. Committed to Committee on Governmental Operations.

HB 475. By Representatives Pilewicz of the 41st, Culpepper of the 98th, Carnes of the 43rd and others:
A bill to amend Code Title 38, relating to evidence, so as to provide for the taking and use of depositions in criminal proceedings. Committed to Committee on Special Judiciary.

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HB 476. By Representative Walker of the 115th:
A bill to amend Code Chapter 67-24, relating to liens on personal property, so as to change the procedure required for foreclosure. Committed to Committee on Judiciary.

HB 488. By Representatives Mostiler and Fortune of the 71st, Oldham of the 14th and Childers of the 15th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps, and prisoners, so as to authorize counties receiving certain State funds for State prisoners assigned to county correctional institutions to use such State funds to supplant county funds or previous levels of county funding.
Committed to Committee on Offender Rehabilitation.

HB 497. By Representative Games of the 43rd:
A bill to amend Code Section 108-610, relating to the merger of a trust into a domestic corporation, so as to remove the requirement that the deed creating the trust expressly authorize the merger. Committed to Committee on Judiciary.

HB 499. By Representative Lane of the 40th:
A bill to amend Code Section 23-407, relating to the compensation of the land surveyor appointed to settle county line disputes between counties, so as to provide for an advisory committee to assist the Surveyor General in fix ing and negotiating an appropriate fee for the services of the land surveyor.
Committed to Committee on Special Judiciary.

HB 523. By Representatives Harris of the 8th and Walker of the 115th:
A bill to amend Code Title 27, relating to criminal procedure, so as to add a new Code Chapter 27-30 relating to restitution. Committed to Committee on Judiciary.

HB 553. By Representative Russell of the 64th:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as to provide immunity from liability for certain persons for providing in formation to a professional health care review organization. Committed to Committee on Judiciary.

HB 563. By Representative Carnes of the 43rd:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles so as to change the manner by which notice of a sale of such vehicle

MONDAY, JANUARY 14, 1980

29

is sent to the registrant and all persons claiming a lien on such vehicles; to provide for the reporting of sales of such vehicles.
Committed to Committee on Transportation.

HB 590. By Representative Gignilliat of the 122nd:
A bill to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to provide certain additional objects and purposes. Committed to Committee on Higher Education.

HB 597. By Representatives Karrh of the 106th, Phillips of the 91st, Gignilliat of the 122nd and others:
A bill to amend an Act known as the Postsecondary Educational Authoriza tion Act of 1978 so as to make such Act applicable to public colleges or universities, located outside this State, which offer instruction or educa tional programs within the State.
Committed to Committee on Higher Education.

HB 609. By Representative Gignilliat of the 122nd:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia so as to change the definition of the term "full-time student".
Committed to Committee on Higher Education.

HB 619. By Representatives Collins of the 144th, Murphy of the 18th and Castleberry of the 111th:
A bill to authorize certain counties and municipalities to provide for install ment payments of ad valorem taxes during certain years. Committed to Committee on Banking, Finance and Insurance.

HB 620. By Representatives Twiggs and Colwell of the 4th, Irvin of the 10th and Cox of the 141st:
A bill to amend an Act known as the Georgia Condominium Act so as to change the provisions relating to the seven-day waiting period following re quired disclosure; to change the provisions relating to required contract text.
Committed to Committee on Consumer Affairs.

HB 653. By Representatives Kilgore of the 65th, Watson of the 114th, Waddle of the 113th and others;
A bill to amend an Act known as the "Fair Business Practices Act of 1975" so as to provide for legislative findings and intent; to repeal certain provi-

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sions relating to the adoption of rules and regulations of the Federal Trade Commission and the interpretation and construction given such rules and regulations.
Committed to Committee on Governmental Operations.

HB 709. By Representative Buck of the 95th:
A bill to amend an Act providing for a health insurance plan for State employees so as to provide for the continuation of health insurance coverage of certain annuitants. Committed to Committee on Governmental Operations.

HB 711. By Representative Carnes of the 43rd:
A bill to amend an Act known as the Statewide Probation Act so as to reenact certain provisions relating to probation and suspended sentences; to repeal certain provisions relating to sentencing for the crime of bastardy which crime no longer exists in this State.
Committed to Committee on Judiciary.

HB 748. By Representative Jones of the 126th: A bill to amend an Act creating the Georgia Ports Authority so as to provide Ports Authority investigators with powers of arrest and law enforcement.
Committed to Committee on Transportation.
HB 772. By Representative Ware of the 68th: A bill to amend an Act known as the "Insurance Premium Finance Com pany Act" so as to specify certain limitations on engaging in the business of financing insurance premiums in this State.
Committed to Committee on Banking, Finance and Insurance.
HB 780. By Representatives Ham of the 80th and Phillips of the 120th: A bill to amend Code Section 50-128, relating to habeas corpus clerks for certain judicial circuits and reimbursements to counties, so as to change the provisions relating to reimbursement to counties from State funds for court costs for writs of habeas corpus; to change the provisions relating to pay ment of such costs by the State; to change the provisions relating to certifica tion of lists.
Committed to Committee on Special Judiciary.
HB 791. By Representatives Ware of the 68th, Johnson of the 72nd, Jones of the 126th and others:
A bill to amend Code Section 56-806b, relating to examination of applicants for certain licenses, so as to change the provisions relating to exemptions

MONDAY, JANUARY 14, 1980

31

from the provisions of said Section; to provide that such Sections shall not apply to and no such examination shall be required of certain applicants.
Committed to Committee on Banking, Finance and Insurance.

HB 845. By Representatives Felton of the 22nd, Carnes of the 43rd, Smith of the 42nd and others:
A bill to amend Code Section 79A-811.1, relating to the prohibition of trans actions in certain drug-related objects, so as to change the provisions relating to the definition of a drug-related object.
Committed to Committee on Consumer Affairs.

HB 875. By Representatives Snow of the 1 st and Culpepper of the 98th:
A bill to amend Code Title 90, relating to public printing, so as to provide for the regulation of microforms; to provide for a short title "Georgia Microforms Act"; to provide that all microforms produced for or by any agency of State government or of any political subdivision of the State shall conform to certain standards; to provide for standards, qualifications, re quirements, and restrictions.
Committed to Committee on Judiciary.

HB 911. By Representatives Wood of the 9th and Ware of the 68th:
A bill to amend Code Section 56-3403, relating to acquisition of control of or merger with a domestic insurer, so as to change certain provisions relating to period of notice and determinations by the Insurance Commis sioner; to authorize audits to be required under certain circumstances.
Committed to Committee on Banking, Finance and Insurance.

HR 79. By Representatives Wood of the 9th, Hays of the 1st, Bargeron of the 83rd and others:
A resolution designating the western edifice of the "Twin Towers" as the "War Veterans Memorial Building". Committed to Committee on Governmental Operations.

HR 238. By Representative Jones of the 126th:
A resolution creating the Joint Office Building and Space Study Committee. Committed to Committee on Governmental Operations.
HR 247. By Representatives Daniel of the 88th, Dent of the 85th, Swann of the 90th and Connell of the 87th:
A resolution urging the governing authorities of the City of Augusta and Richmond County to cooperate in providing governmental services for their citizens and requesting that merger of services be studied. Committed to Committee on Judiciary.

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HR 269. By Representative Reaves of the 147th and others:
A resolution urging that funds for tobacco research by the United States Department of Agriculture be reduced by the United States Congress. Committed to Committee on Agriculture.

The Honorable Zell Miller, Lieutenant Governor and President of the Senate, ad dressed the Senate as follows:

We open this Session at the beginning of a new decade, a time for a fresh effort and a new commitment.
Throughout our history there has always been the temptation among some to drift with the tide and to acquiesce in events that seem to be beyond control.
And today, there is the temptation just to endure our present difficulties rather than take arms against them. This is understandable. But it is not ac ceptable. It is at odds with our heritage and character. The milestones in our history were not the achievements of a timid people fearful for their future.
Over the past decade there was a great amount of rhetoric over how disillusioned the people are with government and with themselves . . . and how the people are concerned with the confrontation of personalities, the dramatic event, the pending disaster.
But the truth is that people do not care at all about personality conflicts and the things that make dramatic headlines. They are concerned with those things which strike farmore deeply home:
The problems of their parents who cannot pay their heating and medicine bills; of their children who cannot read and even if they graduate from college can find no jobs; of families where lives are poisoned by drugs and alcohol and crime; of when prices go up and your paycheck goes up to keep pace, the increased income puts you in a higher tax bracket and you pay a brutal inflation penalty in higher taxes; of a young person whose life's ambition is to be a teacher but makes so little in Georgia that she can't even get a credit card from an oil company.
This is the real world. These are the "real" realities, and those of us who are charged with the responsibility for the conduct of government must act on these problems.
Because what the people want is not just less government--but better government. And better government in the legislative branch means more responsive government--a Senate which will not wait on the Governor to propose, or the House to act, or a lobbyist to demand or forbid, but will ourselves assume the responsibility of working out a position enacting the legislation which should be enacted and rejecting that which should not.
To do nothing, to be silent, not to initiate, not to challenge, to hunker down or tiptoe or "low-key" it because it is an election year is to abdicate

MONDAY, JANUARY 14, 1980

33

our responsibility as elected officials. I'm not going to do that, and I know you will not either.
When the votes were counted and you and I were elected, we became participants, not spectators. And we are sworn to the service of all the people--not just the few who are powerful but also the many others for whom we are so often the only voice they have.
I was elected to this body 20 years ago this year. Since that time there have been many difficult problems which seemed insurmountable at their time. But they were met.
Now let us have the courage and the compassion to do what is right with our problems of 1980. To help those who need help and get off the back of those who don't.
Let us be proud of our great traditions and confident that our brightest days still lie ahead. You are my friends, my colleagues, for whom I have great respect, and I look forward once again to working with you for the bet terment of our society during the short time that is given us in this Senate and on this earth.

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

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

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Senate Chamber, Atlanta, Georgia Tuesday, January 15, 1980

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

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

SB 328. By Senator Carter of the 14th:
A bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to provide credit for certain service under cer tain conditions; to change the provisions relative to credit for prior ser vice.
Referred to Committee on Retirement.

SB 329. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, as amended, so as to authorize the board to provide coverage for clciitui services.
Referred to Committee on Education.

SB 330. By Senator Kidd of the 25th:
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, as amended, so as to provide for the investment of moneys in the health insurance fund by the Department of Administrative Services; to authorize the board to contract with health maintenance organizations.
Referred to Committee on Education.

SB 331. By Senator Kidd of the 25th:
A bill to amend an Act relating to health insurance coverage for state employees, as amended, so as to authorize the State Personnel Board to execute contracts with health maintenance organizations. Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 15, 1980

35

SB 332. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the Department of Administrative Ser vices 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, so as to change the automobile mileage allowance rate.
Referred to Committee on Governmental Operations.

SB 333. By Senator Kidd of the 25th:
A bill to amend an Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisi tion so as to change the amount of the fee; to provide an effective date.
Referred to Committee on Community Affairs.

SB 334. By Senator Kidd of the 25th:
A bill to amend Code Section 45-502, relating to hunting hours, contraband, arid forfeitures, as amended, so as to repeal the provisions relating to contra band and forfeitures. Referred to Committee on Natural Resources and Environmental Quality.

SB 335. By Senator Kidd of the 25th:
A bill to amend Code Section 34-1003a, relating to the selection of can didates to appear on the ballot, so as to provide that the Secretary of State shall not include in the list of names of potential presidential candidates sub mitted to the selection committee the names of persons who would not be eligible to hold the office of President of the United States; to provide an ef fective date. Referred to Committee on Governmental Operations.
SB 336. By Senator Kidd of the 25th:
A bill to amend Code Section 45-515, relating to hunting deer with dogs, so as to provide that in all counties of this state having a population of not less than 34,200 nor more than 34,500 and in all counties having a population of not less than 9,300 nor more than 9,400 according to the United States Decennial Census of 1979 or any future census, it shall be lawful to hunt deer with dogs during the last 30 days of the deer season. Referred to Committee on Community Affairs.
SB 337. By Senator Kidd of the 25th:
A bill to amend an Act providing and fixing minimum salaries for judges of the probate courts of the various counties within the State of Georgia so as to

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change the amounts of compensation paid judges of the probate court for performing certain additional duties; to provide an effective date.
Referred to Committee on Governmental Operations.

SR 338. Ry Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.
Referred to Committee on Governmental Operations.

SR 339. Hy Senators Evans of the 37th, Riley of the 1st, Overby of the 49th and others:
A bill to authorize the governing authorities of the counties of this State to appropriate money for, and to make grants or contributions to any corpora tion, association, institution or individual for purely charitable purposes conducted within such county.
Referred to Committee on Special Judiciary.

SR 340. Ry Senators Littlef ield of the 6th and Howard of the 42nd:
A bill to amend an Act providing for personal jurisdiction over non residents, as amended, so as to provide for jurisdiction over non-residents in actions concerning the paternity and support of children conceived as a result of sexual intercourse by the non-resident within this state.
Referred to Committee on Judiciary.

SH 341. Ry Senators Littlef ield of the 6th and Howard of the 42nd:
A bill to amend Code Chapter 38-7, relating to private writings as evidence, as amended, so as to provide for admissibility of results of blood tests in criminal and civil actions in which the question of paternity or parentage arises. Referred to Committee on Judiciary.

SR 342. Ry Senators Littlef ield of the 6th and Howard of the 42nd:
A bill to amend Code Title 46, relating to garnishment, as amended, so as to provide special rules in cases of garnishment of wages for child sup port; to provide that such special remedy shall be in addition to other remedies; to provide under what circumstances such special remedy shall be available.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 15, 1980

37

SB 343. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, as amended, so as to re quire departments to employ certain employees involved in a reduction in force under certain circumstances.
Referred to Committee on Governmental Operations.

SB 344. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-8, known as the "Georgia Controlled Substances Act", as amended, so as to change the penalty provisions relating to certain prohibited acts; to provide for fines; to provide for mandatory fines and terms of imprisonment for conviction of certain crimes; to provide for reduction or suspension of sentences under certain circumstances.
Referred to Committee on Judiciary.

SB 345. By Senator Kidd of the 25th:
A bill to amend an Act providing the procedures for the purchase of sup plies, materials, services, and equipment for the needs of the various state departments and agencies, as amended, so as to allow the Department of Administrative Services to contract directly for the purchase of goods, wares, merchandise, and services with non-profit cooperative buying associations.
Referred to Committee on Governmental Operations.

SB 346. By Senator Kidd of the 25th:
A bill to amend an Act relating to a health insurance plan for state employees, as amended, so as to authorize the board to provide coverage for dental services. Referred to Committee on Governmental Operations.

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors", as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days. Referred to Committee on Consumer Affairs.
SB 348. By Senators McGill of the 24th, Foster of the 50th, Walker of the 19th and others:
A bill to amend Code Chapter 72-1, relating to nuisances, as amended, so as to provide that agricultural or farming operations, places, establishments, or facilities shall not be deemed to be a nuisance as a result of changed con-

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ditions in or around the locality of such operation, place, establishment, or facility under certain conditions.
Referred to Committee on Agriculture.

SB 349. By Senator Sutton of the 9th:
A bill to amend an Act entitled "An Act to amend the acts incorporating the Georgia Rail Road and Banking Company, and the Central Rail Road and Banking Company of Georgia", so as to strike certain provisions relating to the production of books and testimony of officers of the Georgia Railroad Banking Company in suits and actions in the courts of this state.
Referred to Committee on Banking, Finance and Insurance.

SB 350. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, as amended, so as to provide that each spouse shall be liable for the expenses of medical care furnished to the other spouse. Referred to Committee on Judiciary.

SB 351. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 56-4, relating to kinds of insurance, as amended, so as to create a new Code Section 56-409.1, relating to the maximum period of validity for continuing guaranty agreements made in connection with the issuance of surety insurance policies; to define terms; to provide a statute of limitations.
Referred to Committee on Judiciary.

SB 352. By Senator Wessels of the 2nd:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that the senior judge of the superior court may direct that law library fees be charged and collected in each suit, action, or case in any recorder's court which exercises jurisdiction over both the unincorporated area of a county as well as one or more municipalities within the county. Referred to Committee on Judiciary.
SB 353. By Senators Robinson of the 27th and Hudson of the 35th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide military service credit to persons who were on active duty in the armed forces of the United States during the period of the Vietnam Conflict; to provide for contributions. Referred to Committee on Retirement.

TUESDAY, JANUARY 15, 1980

39

SB 354. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), as amended, so as to provide for noncharging of experience accounts under certain cir cumstances; to provide an effective date.
Referred to Committee on Industry, Labor and Tourism.

SB 355. Senator Holloway of the 12th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to change the rate of interest; to change the loan balance on which a fee may not be charged or collected on a loan made to the same borrower during the immediately preceding two months period of time.
Referred to Committee on Banking, Finance and Insurance.

SB 356. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Consumers' Utility Counsel, as amended, so as to delete the termination date provided for in said Act. Referred to Committee on Consumer Affairs.

SB 357. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend the "Fair Employment Practices Act of 1978", so as to delete therefrom the automatic repealer; to provide an effective date. Referred to Committee on Governmental Operations.

SB 358. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to authorize the director of the Office of Planning and Budget to adopt rules and regulations for the establishment and maintenance of lists of contractors, suppliers, and lenders participating in the Residential Con servation Service; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 359. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act regulating the practice of professional sanitarians, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Registered Professional Sanitarians.
Referred to Committee on Governmental Operations.

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SB 360. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975", as amended, so as to provide for the appoint ment and qualification of an additional member to the State Board of Registration for Professional Geologists.
Referred to Committee on Governmental Operations.

SB 361. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21, relating to professional engineers and land surveyors, so as to provide for the appointment and qualifica tion of an additional member to the State Board of Registration for Pro fessional Engineers and Land Surveyors.
Referred to Committee on Governmental Operations.

SB 362. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the development of water well stan dards and creating the Water Well Standards Advisory Council, as amended, so as to provide for the appointment and qualification of an additional member to the Water Well Standards Advisory Council.
Referred to Committee on Governmental Operations.

SB 363. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Marriage and Family Counselor Act", as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Marriage and Family Counselor Licensing Board. Referred to Committee on Governmental Operations.

SB 364. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Georgia State Board of Physical Therapy, so as to provide for the appointment and qualification of an ad ditional member to the Board. Referred to Committee on Governmental Operations.

SB 365. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Registration of Foresters, as amended, so as to provide for the appointment and qualification of an additional member of the Board.
Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 15, 1980

41

SB 366. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to the Georgia Board of Athletic Trainers, so as to provide for the appointment and qualification of an ad ditional member to the Board. Referred to Committee on Governmental Operations.

SB 367. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating a Board of Polygraph Examiners, as amended, so as to provide for the appointment and qualification of an additional Board member. Referred to Committee on Governmental Operations.

SB 368. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Examiners of Licensed Prac tical Nurses.
Referred to Committee on Governmental Operations.

SB 369. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Barber Act", relating to the Georgia State Board of Barbers, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Barbers.
Referred to Committee on Governmental Operations.

SB 370. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act establishing a State Board for the Certification of Librarians, as amended, so as to provide for the appointment and qualification of an additional member to the Board.
Referred to Committee on Governmental Operations.
SB 371. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act creating the Board of Recreation Examiners of the State of Georgia, as amended, so as to provide for the appointment and qualification of an additional member to the Board.
Referred to Committee on Governmental Operations.

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SB 372. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the Georgia State Occupational Therapy Licensing Act, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Occupational Therapy. Referred to Committee on Governmental Operations.

SB 373. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the regulation of the installation of warm air heating equipment, as amended, so as to provide for the ap pointment and qualification of an additional member of the State Board of Examiners of Warm Air Heating Contractors.
Referred to Committee on Governmental Operations.

SB 374. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensure of applied psychologists, as amended, so as to provide for the appointment and qualification of an additional member to the State Board of Examiners of Psychologists.
Referred to Committee on Governmental Operations.

SB 375. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", as amended, so as to pro vide for the appointment and qualification of an additional member to the State Board of Examiners of Certified Water and Wastewater Treat ment Plant Operators.
Referred to Committee on Governmental Operations.

SB 376. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to provide for the qualification and ap pointment of an additional member to the Board of Veterinary Medicine; to provide procedures connected with the foregoing.
Referred to Committee on Governmental Operations.

SB 377. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-2, as amended, so as to provide for the appointment of an additional member to the State Board of Accountancy. Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 15, 1980

43

SB 378. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-5, relating to the regulation of chiropractic and the Board of Chiropractic Examiners, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Chiropractic Examiners.
Referred to Committee on Governmental Operations.

SB 379. By Senator Broun of the 46th:
A bill to amend Code Title 46, relating to garnishment, as amended, so as to provide a new Code Chapter relating to continuing garnishments; to provide for additional garnishment proceedings and specify the conditions thereof; to provide for applicability of certain Code Sections; to provide for what is subject to continuing garnishment; to provide for exemptions.
Referred to Committee on Judiciary.

SB 380. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that it shall be unlawful for a person, acting directly or indirectly or through or in concert with one or more other persons, to acquire control of any financial institution except under certain conditions.
Referred to Committee on Banking, Finance and Insurance.

SB 381. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Chapter 89-8, relating to officers collecting, keep ing, and accounting for public moneys, as amended, so as to authorize certain collecting officers and officers holding public funds to determine the amount of public money held by them which may be deposited and maintained in a particular depository.
Referred to Committee on Banking, Finance and Insurance.

SB 382. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 41 A, known as the "Financial Institutions Code of Georgia", as amended, so as to redefine "trust company"; to authorize the department to waive or modify any requirement to publish a notice under certain conditions.
Referred to Committee on Banking, Finance and Insurance.

SB 383. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, so as to clarify and interpret further the term "unlawful acquisition"; to provide for editorial revisions.
Referred to Committee on Banking, Finance and Insurance.

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SB 384. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, so as to provide that the merger or consolidation provisions shall comply with the Financial Institutions Code of Georgia. Referred to Committee on Banking, Finance and Insurance.

SB 385. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend an Act delimiting the effect of "open-end" clauses ap pearing in mortgages or deeds conveying realty as security for debt, as amended, so as to clarify and define further the meaning of the term "original party".
Referred to Committee on Banking, Finance and Insurance.

SB 386. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th: A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to describe illegal practices relating to the use of financial transaction cards; to provide for definitions.
Referred to Committee on Banking, Finance and Insurance.
SB 387. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th: A bill to amend Code Section 67-1305.1, relating to transfers of deeds to secure debt, so as to change the procedures relative to transfers of deeds to secure debt; to provide that partial transfers shall be stated upon a separate instrument.
Referred to Committee on Banking, Finance and Insurance.

SB 388. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend the Act known as the "Housing Authorities Law", as amend ed, so as to remove the interest rate on bonds issued by a housing authority. Referred to Committee on Banking, Finance and Insurance.

SB 389i By Senator Wessels of the 2nd:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the legal rate of interest on certain loans; to provide for the rate of interest on open accounts. Referred to Committee on Banking, Finance and Insurance.

TUESDAY, JANUARY 15, 1980

45

SR 227. By Senators Land of the 16th and Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to provide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide for submis sion of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 230. By Senator Littlefield of the 6th:
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 Camden County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Community Affairs.
SR 231. By Senators Littlefield of the 6th and Eldridge of the 7th:
A resolution relieving the surety on a certain bond in the Superior Court of Ware County. Referred to Committee on Judiciary.
SR 232. By Senators Hill of the 29th, Ballard of the 45th and Langford of the 51st: A resolution proposing an amendment to the Constitution so as to create a commission to set the compensation and allowances of the members of the General Assembly of Georgia; to provide for the membership of the commis sion; to provide for the submission of this amendment for ratification or re jection.
Referred to Committee on Governmental Operations.
SR 233. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to repeal cer tain prohibitions on the sale of intoxicating drinks on election days; to pro vide for the submission of this amendment for ratification or rejection. Referred to Committee on Consumer Affairs.
SR 234. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that persons convicted of certain drug crimes shall not be eligible for parole at any time prior to serving the mandatory term of imprisonment and that the State Board of Pardons and Paroles shall not have the authority to grant paroles to such persons; to pro vide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

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SR 235. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide for the prefiling and introduction of bills and resolutions by members of the General Assembly at times when the General Assembly is not in regular ses sion; to provide for the submission of this amendment for ratification or re jection.
Referred to Committee on Governmental Operations.

SR 236. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that all heads of departments or agencies of the executive branch of govern ment appointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 237. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide that bills for raising revenue or appropriating money may orginate in either House of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

SR 238. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for appropriate committees of the General Assembly to fill a vacancy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; to provide for the submission of this amend ment for ratification or rejection. Referred to Committee on Governmental Operations.
SR 239. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide that when identical bills are passed by each House of the General Assembly, such bills shall be deemed passed by the General Assembly and shall not require action by the other House; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 15, 1980

47

SR 240. By Senator Kidd of the 25th:
A resolution requesting the Senate Appropriations Committee to consider certain procedures in the review of appropriations measures. Referred to Committee on Rules.

SR 241. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to ex pend funds to finance all or part of the employer and employee contribu tions to any health insurance plan for retired public school teachers created by the general law of this state; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 242. By Senators Riley of the 1st and Wessels of the 2nd:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as "The Chatham Electric Utility Authority", an institution of purely public charity performing an essential governmental function; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 243. By Senators Robinson of the 27th and Hudson of the 35th:
A resolution requesting the Governor to designate the week of February 12 through 22 of each year as National Defense Week. Referred to Committee on Defense and Veterans Affairs.

SR 244. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution relative to the general appropriations bill. Referred to Committee on Rules.

SR 245. By Senators Tate of the 38th, Johnson of the 34th, Bond of the 39th, Foster of the 50th and others:
A resolution to ratify the Equal Rights Amendment to the United States Con stitution. Referred to Committee on Special Judiciary.

SR 246. By 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

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General Appropriations Act is adopted; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

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

Mr. President:

Your Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 285. Do pass by substitute.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

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

Those answering were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

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

Those not answering were Senators Duncan and Greene.

TUESDAY, JANUARY 15, 1980

49

Senator Johnson of the 34th introduced the chaplain of the day, Father Tom Reilly, Pastor of St. Matthews Catholic Church, Fairburn, Georgia, who offered Scripture reading and prayer.

Pursuant to adoption on January 14, 1980, the President announced the ap pointment of a Committee of Escort on the following resolution of the House:

HR 428. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and Senate at 11:45 o'clock A.M., on January 17, 1980, for the purpose of hearing the Budget message from the Governor at 12:00 o'clock Noon.
The members appointed were:
Senators Kennedy of the 4th, Allgood of the 22nd, Coverdell of the 40th, Johnson of the 34th, Hudgins of the 15th, Evans of the 37th and Hudson of the 35th.

The following resolutions of the Senate were read and adopted:

SR 228. By Senator Langford of the 51st:
A resolution expressing regrets at the passing of Honorable John Roy McGinty, Sr.

SR 229. By Senator Overby of the 49th: A resolution commending Honorable L. Martin Hodgkins, Jr.

Senator Riley of the 1st moved that the Senate recess at 11:10 o'clock A.M. un til 11:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State message from His Excellency, Governor George Busbee at 12:00 o'clock Noon, and that the Senate stand adjourn ed immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening of the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing the State of the State message by His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 427, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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His Excellency, Governor George D. Busbee, addressed the Joint Session of the Senate and House of Representatives as follows:

I would like to open today by welcoming the members of this General Assembly to the Capitol, and by wishing each of you a Happy New Year and new decade.

Contrary to popular belief, I am delighted to see you assemble each year for these 40 working days because it gets awfully lonely during the rest of the year. It's always a comfort to have someone share the blame when things don't go right.

For the past five years, you and I have made advances in such vital areas as education, economic development, transportation, human service delivery, and preservation of our natural resources. Nothing can detract from those successes.
But as we stand at the threshold of a new decade, it would be a mistake for me, as your governor, to spend these few minutes simply listing and boasting about our accomplishments.

So, I urge you to listen closely because I'm going to do something an incumbent governor probably has never done. I'm going to talk about the other side of the coin: our mutual omissions, our lapses . . . yes, our short comings as policymakers, law givers and appropriators of public assets.

For too long, we have accepted our place near the bottom among what our founding fathers perceived as equals. True, we haven't had the monetary resources in the past to plav the game of catch-up. But the time has come when we must ask ourselves some difficult questions . . . ques tions such as "Are we kidding ourselves?". "Is there some comfort in hiding behind a past history ot economic and social deprivation?" Have we said, 'We can't help it' for so long that we have hypnotized ourselves into believing our own rhetoric?

For example, I personally have grown not just weary . . . but resent ful ... of the fact that year after year we plow increasing millions of state dollars into education, and we simply have not seen a commen surate improvement in the quality of education for our people.

The same is true in other programs we have embarked on in past decades to improve the quality of life.

The fact is that this state, as well as our nation, is at a crucial crossroads in our common destiny.

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51

We, as the elected leaders of Georgia, and being looked upon for leader ship in meeting the challenges and opportunities of the future.

Some of those challenges will be new--but many are simply leftovers that we have not yet mustered the courage and determination to resolve. We cannot afford to fail in this mandate.

A new decade is a time for reflection by government ... a time to reassess values ... a time to look at ongoing programs to determine their worthiness for the years ahead . . . a time to establish new goals and priorities . . . and a time for rededication to the pursuit of excellence.

Before we look into the 80s, we must pause . . . taking stock of the past ten years . . . and its direction for us.

First, we must recognize the subtle transitions taking place in our socie ty. The American dream of the 50s and 60s is gradually becoming the im possible dream of the 80s. In 1970, inflation was running five to six per cent a year. We thought that was high. But today's 13 per cent rate is alarmingly high and it is causing problems we couldn't even envision 10 years ago.

The easy credit, carefree spending and conspicuous consumption of yesterday are yielding to the reality of having to live within our means. It is a cold discipline of going back to the basics.

Many of our present habits and lifestyles may no longer be possible in the new society of a new decade. In 1970, energy was cheap, and was not an issue that greatly troubled either the consumer or the government. But the cost of gasoline has about tripled during this decade, and the cost of utility bills has exceeded mortgage payments for many people. Clearly, energy may be the most crucial problem facing government in the 1980s.

This energy problem has thrust our economic structure into a transi tion. We are gradually moving from an attitude of protectionism and isolationism ... of governmental pampering and handouts ... to in dividual self- reliance and initiative. Our economy is no longer selfcontained-- it is a world economy, forcing us to compete in the tough in ternational marketplace.

At the beginning of the 1970s, our public schools, colleges and universities were still growing, requiring substantial budget increases just to keep up with enrollment. Today, enrollment is dropping at all levels of education. This portends major changes in educational expenditures in the years ahead.

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Among the most significant changes which occurred in Georgia dur ing the 1970s was our state's population growth. We became the fifth fastest growing state in the nation. While this growth does not come without problems, it does signal sound economic strength.

But we clearly did not make sufficient advances in the 1970s in clos ing the gap in per capita income of the average Georgian as compared to the average American. As we plan for the 1980s, we must devise new strategies for overcoming this economic roadblack. It is not right for our citizens to be financially shortchanged.

The problems of our cities and counties mounted during the 1970s, and major new initiatives were necessary by state government to provide more help for local governments. The decade ahead will require'even more vigorous attention to intergovernmental cooperation.

In the area of human services, we made many advances in the 1970s, but our poverty level is still too high. In the decade ahead we must bring more progress for our impoverished citizens.

Mental health was an area of remarkable strides over the past ten years. We drastically reduced hospitalization of mental patients and began emphasizing local community care--a less costly and more humane approach.

The sad irony is that we need to do so much for our people at a time when we are moving from a government of plenty to a government of scarcity and austerity. Our material resources are limited. Money is limited. But the drive, spirit and will of Georgians is not.

The obvious question, then, is how can we move forward in a year when we are facing one of the tightest budgets in recent times? We cannot match federal dollars for the sake of matching. We simply do not have the resources with a balanced budget to match all federal dollars generated through deficit financing. We must adjust our own priorities and determine our own destiny.

The answer lies in reexamining those priorities. The time has come to reallocate expenditures, to guarantee that the higher priorities are met. In short, we've got to stop being content with propping up past programs and looking only to the new spending areas.
Fiscal responsibility cannot be a concept we adopt as it suits our fancy. Instead, it must be a principal we practice day-in and day-out--year-in and year-out.

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53

Managing government programs in this decade will require new ap proaches and attitudes. It will necessitate considerable sharpening of our abilities to assess and evaluate programs. We must be willing to eliminate those which have outlived their usefulness, and we must streamline, restruc ture and coordinate our programs to make every dollar stretch to its fullest limits.

A prerequisite to modern management is the modernization and streamlining of our basic document--the Georgia Constitution--which will be under consideration at this session. Your Committee on Constitutional Revision and five article committees have labored long and hard in many public meetings to draft articles for your deliberation.

The restrictive philosophy of detailed limitations upon governmental powers remains embedded in Georgia's 1976 Constitution and is virtually unchanged since its first appearance more than 100 years ago in the 1877 Constitution.

Your committees have undertaken the imposing task of rewriting in dividual articles of the 1976 Constitution. One half of the task assigned to these committees has been completed. The first five articles and Article X-- the articles on the Bill of Rights, Elective Franchise, Legislative Branch, Constitutional Boards and Commissions, Executive Branch and Retirement and Scholarships--have been revised.

The work and recommendations of the Select Committee and the in dividual article committees deserve your highest priority and scrutiny during this session.

The Select Committee and its staff pledge to you their cooperation and assistance to properly review the recommendations for constitutional revision. The timetable adopted by the Select Committee calls for the re maining articles to be revised prior to your convening in regular session next year. By 1982, it is my hope that Georgia will have a modern and responsive basic document to successfully meet the challenge of the eighties.

Briefly, let us look at our common problems in three major areas: education, law enforcement and human services.
EDUCATION
Our people are looking to education as the reservoir of solutions to our problems. They regard education as our principal hope for a better day. Yet in the turmoil of the late 60s and 70s we became conditioned to creating programs as a reaction, not a remedy, to specific problems. Reacting to student failure at various levels, we developed and im plemented such programs as compensatory education, competency-based

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education, student assessment and kindergarten, and now these programs must compete for funding to provide quality staff and appropriate space. If we continue the trend of reactive planning, competition among all pro grams for funding will reach unwholesome proportions.

As we face the challenge of the 80s, we must reverse this reactive stance and develop an understanding and appreciation of proactive plan ning.

Together, we must engage in a clinical assessment of public educa tion in Georgia. We must set goals for education, and establish priorities for achieving those goals.

We must have the audacity to include quality controls and other measures to evaluate the levels of 'achievement and the effectiveness of our education system--and the courage to discontinue those aspects which have been proven ineffective and inefficient.

We have realized that we will never have quality education unless we have quality teachers. We also recognize the fact that we cannot have quality teachers without quality pay to attract new teachers and keep them more than three or four years.

But I submit to you that unless we have adequate assessment of the quality of teachers entering the system and require all beginning teachers to pass both the criterion-referenced test and satisfactorily demonstrate good teaching skills on the job . . . we will have failed in our effort.

Georgia is a national leader in the area of teacher certification based on demonstrated classroom skills and knowledge of subject, and I am determined that we shall not relinquish that mantle of leadership.

We can no longer back away from the need to reexamine state law concerning the role and responsibilities of the state and local boards of education. We must no longer back away from requiring performance criteria by which to judge the effectiveness and efficiency of local pro grams. This state cannot abdicate its responsibility to assure an adequate education for all, especially in the application and enforcement of state standards. In the past year we have seen instances in which standards concerning personnel qualifications and school system quality have been undermined. To have state standards and not enforce them diligently is tantamount to the state abdicating its responsibility.

Our nine-month agrarian school calendar no longer fits our needs. We are challenged in the 1980s to consider adopting a 12-month flexible school year and to consider legislation to permit school districts to

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change the school week and school day to meet local needs--especially as they are related to energy efficiency.

Other benefits to adopting a flexible school year include reduction of the need for additional buildings . . . maximum utilization of facilities. . . . increased opportunity for remedial work and enrich ment . . . and student options to graduate early and enter postsecondary institutions or careers.

Just as the advent of Sputnik precipitated drastic changes in cur riculum, so will the age of energy depletion. New courses will emerge to accommodate man's expanded knowledge of the potential of the sea for food and energy ... of nuclear sciences, biomass and solar power to pro vide more stable sources of energy.

At each legislative session, many headlines are generated by the everincreasing spending level for education. Last year, you appropriated over a billion dollars for public education for the first time in history, but dollars alone do not guarantee quality.

But, if we are going to realize fully the potential of our people, we must provide each of them with an equal opportunity to achieve. We cannot guarantee their success--but we can guarantee the opportunity for success. Without that, we guarantee failure.

How do the three major sources of funding contribute toward equal opportunity? The federal share--about 14 per cent of the total cost of public education in Georgia--is targeted toward special needs of children with physical, mental and economic disadvantages. Those funds are in tended to equalize opportunity. The state share--about 52 per cent of the total--is distributed primarily on a per-pupil basis. Those funds also tend to equalize opportunity.

It is the local share of the education dollar--about 34 per cent of the total--where we find inequality. It is this area of education financing with which we must be concerned.

As you know, local education dollars come almost exclusively from property taxes. The amount raised per student by a one mill levy varies among systems from about $12 to about $150. In other words, for the same amount of effort one system can raise 12.5 times the money per stu dent as can another system.' Since the local portion of the education dollar is large, and getting larger, and since local funds provide for enrichment and quality above the basic programs funded by state and federal sources, some children are being denied an equal opportunity merely through a geographical accident of birth.

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This disparity is often compounded by the unwillingness of some local systems to impose millage rates necessary to provide quality educa tion. Other than required local effort--which is currently set at only two mills-- local millage rates range from less than two mills to more than 19.

These problems are getting worse, and will continue to grow until we face them forthrightly, and courageously. We must continue to improve the quality of the basic program with state and federal dollars, but we must also end the fiscal discrimination arising from local tax dollars.

The courts have already struck down such discrimination in other states. If we choose not to accept these responsibilities in education, then we have no choice but to accept the consequences and permit the courts to do the job we were elected to do.

In higher education, a major challenge of the next decade will be maintaining quality in our university system, while adjusting to adverse economic conditions.

Enrollment trends and inflation are severely restricting the funds available for Georgia's public colleges and universities. The phenomenal growth these schools experienced in the early 1970s has now tapered off.

Georgia's colleges and universities are being forced to sacrifice in structional needs in order to maintain plants and meet operating ex penses.

While this problem is a serious one, it need not be debilitating. Courageous leadership, innovation, and a healthy tug of belt-tightening can turn the tables on economic adversity.

These fiscal problems can be attacked on two levels.
First, we must review the current funding formula for our university system. If an enrollment-driven formula is no longer adequate, then other options should be studied. Secondly, we must improve the effectiveness and efficiency of the system. Goals and priorities for higher education must be established, and unnecessary duplication of programs should be eliminated.
A comprehensive needs assessment and program review are long overdue. The Governor's Committee on Postsecondary Education is tak ing an initial step in this direction. The committee is developing goals and objectives, as well as indicators, to determine how well we are

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achieving these goals. By working together to increase effectiveness and efficiency, we cannot help but improve quality as well.
CRIMINAL JUSTICE
The past ten years have brought extreme pressure on our criminal justice agencies. As the criminal element has become more sophisticated, the state has been in a reactive position of fighting brush fire after brush fire.

Overall, Georgia has made considerable gains in providing more humane facilities and treatment for those who are incarcerated. We have begun a program of community corrections based on the knowledge that over 95 per cent of those incarcerated return to the community. Better than that, however, is a statewide program of diversion. It is commonly acknowledged that if a person can be diverted from being incarcerated, he has a much better chance of avoiding trouble a second time. Thus, the establishment of diversion centers has greatly helped in reducing the burden placed on our prison system.

However, despite all these efforts, we are not doing enough as indicated by the fact that we now have the third largest prison population per capita in the nation.

We have begun to encounter resistance to community corrections, despite its good track record. We have begun to realize that the overriding problem with which we must deal is coordination of effort in all levels of ser-

While we have been spending huge sums of money on specific problems, we have not paid attention to--or heeded--the logical conclusions that have emerged. With all good intentions, each agency dealing with offenders has requested more and more manpower to adequately deal with the individual.
It has become apparent again and again that the reason an agency needs additional help is because that agency has had difficulty in communicating its needs to a related agency. Compounding this, there seems to be a reluc tance by some to depend on the judgment of another criminal justice profes sional.
In attempting to remedy this problem, the first Governor's Conference on Criminal Justice was convened with the specific purpose of encouraging cooperation, interaction and communication between the various arms of the system.
No longer can we allow our law enforcement agencies, our courts, and our prisons system to go their separate ways. Simply, we must stop nit-

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picking, for it is a sign of our division, and realize that only a serious joint ef fort will enable us to successfully wage war on crime.

The opening of the public safety training center will give us superior facilities, instructors, and professionals which will provide a solid founda tion for continuing training, and more opportunities for joint effort.

The state's role in law enforcement must be redefined and stabilized. The Department of Offender Rehabilitation and the Board of Pardons and Paroles must coordinate their efforts more closely. The program of com munity corrections must be continued. And finally, we must bring the various levels of our courts into our day-to-day working relationships.

Due to many of the present constraints on the judicial system, it takes in ordinately long periods of time to finally bring an individual to justice and to actually carry out the sentence that was handed down by the original trial court.

Steps must be taken to insure that once determination of guilt is made, the execution of the sentence will be swiftly and surely carried out. The appeals process must be examined and a more logical and equitable procedure implemented.

We can take a major step toward transforming our criminal justice components into a coordinated cohesive and coherent system by enacting into law a package of bills which will be before you this session.
HUMAN SERVICES
The 1980s will be distinguished by increased demands for govern mental services and shrinking resources to meet these demands. Striking a balance between these conflicting forces will be our fundamental challenge.

Assuming the ratios between the number of patients and the total population remain similar in the next decade, we can expect the number of patients in Georgia's regional mental health and retardation hospitals to decrease by approximately 1,200, while the number of patients served by our community health centers will increase by 12,500. We can also expect the number of Aid to Families with Dependent Children recipients to increase by over 28,000. The number of youths between the ages of ten and 19 being served by our Youth Services Division will increase by over 15,000.

Advancing medical technology and better health care have enabled more and more Georgians to live longer. With this trend likely to ac celerate in the 1980s, it is estimated that the portion of our state's

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population that is 65 or older will increase by 30 per cent during the next decade.
An expanding senior population has enormous implications for our state's health and social service programs. Many of our older citizens have low, fixed incomes which do not keep pace with the cost of living. In 1979, over 39 per cent of Georgians over 60 had income below the poverty level. It has been estimated that as many as 85,000 older Georgians will need some degree of state-sponsored assistance this year in order to maintain their independence. Ever-increasing prices for essentials such as utilities, food and gasoline will cause more people, from all areas, to seek help from government during the decade ahead.
SUMMARY
We in government have felt--and are feeling--these economic pressures, and have had to face the cold reality of limited resources. As we have seen in the past, the problem is not in identifying concerns, but is in finding adequate resources to fund them.
Gone are the days when we can simply raise our revenue estimates to support our favorite programs. Gone are the days when bigger was always better. The resources are simply not there. . . . nor are they likely to be there anytime soon.
As we face a new era, we must realize that the heart of the nation has moved to the New South--and Georgia is the heart of the South. This places upon us a tremendous responsibility. The judging eyes of the nation--even the world--are now upon us.

I believe we can be ready for the 1980s. We can provide the leader ship history is demanding of us. We can accept our new leadership role in the nation, and in the world. We can make the adjustments necessary to respond to the changing social, economic, and political environments. We can lift ourselves above narrow, selfish interests, and work as a team, unified in purpose and identity. We can wean ourselves from a divided past, and begin thinking as a unified state of five million people. We can cross that line which has for too long divided rural and urban Georgia.

We can do it! We must do it! Thank you.

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

The President of the Senate announced the Joint Session dissolved.

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

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Senate Chamber, Atlanta, Georgia Wednesday, January 16, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 226. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th: A resolution to notify the House of Representatives that the Senate has con vened.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 390. By Senators Reynolds of the 48th and Wessels of the 2nd: A bill to prohibit the operation or sale of certain motor vehicles; to pro hibit the obstruction or modification of the rear window of certain motor vehicles; to provide.exceptions; to provide for penalties.
Referred to Committee on Transportation.
SB 391. By Senators Reynolds of the 48th and Wessels of the 2nd: A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the certification of certain persons operating radar speed detection devices by the Georgia Peace Officer Standards and Training Council.
Referred to Committee on Transportation.

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61

SB 392. By Senator Bell of the 5th:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, as amended, so as to establish the form of government of DeKalb County and to fix the powers and duties of the officers constituting the governing authority of DeKalb County and to revise extensively the aforesaid Act in connection therewith.
Referred to Committee on Community Affairs.

SB 393. By Senators Allgood of the 22nd and Walker of the 19th:
A'bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to provide that pistol or revolver licenses shall be issued by the sheriff of each county rather than the probate judge; to provide for continued validity of existing licenses.
Referred to Committee on Special Judiciary.

SB 394. By Senator Allgood of the 22nd:
A bill to amend Code Section 59-120, relating to compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the range within which the expense allowance for jurors in the superior courts is set. Referred to Committee on Special Judiciary.
SB 395. By Senators Littlefield of the 6th and Allgood of the 22nd:
A bill to amend Code Section 30-204, relating to revision and enforce ment of orders for alimony, as amended, so as to provide that any action or procedure to enforce an order allowing alimony shall be brought only in superior court. Referred to Committee on Special Judiciary.
SB 396. By Senators Foster of the 50th, Barnes of the 33rd, Stumbaugh of the 55th and others:
A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure of certain actions by registered agents; to provide for a declaration of policy; to require certain registered agents to file certain reports. Referred to Committee on Special Judiciary.
SB 397. By Senators Foster of the 50th and Lester of the 23rd:
A bill to amend Code Chapter 91 A-13, relating to county tax officials and administrative provisions, so as to require the publication of the names of certain delinquent taxpayers. Referred to Committee on Banking, Finance and Insurance.

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SB 398. By Senator Foster of the 50th:
A bill to provide that certain public officers and employees who are compen sated on a fee basis or on a salary supplemented by a fee shall disclose cer tain information; to provide that this information shall be published in the county organ; to provide for related matters; to provide an effective date.
Referred to Committee on Community Affairs.

SB 399. By Senators Foster of the 50th, Walker of the 19th and Timmons of the llth:
A bill to amend an Act establishing a State Board of Education, as amended, so as to provide that the State Board of Education shall adopt rules or regulations for the purpose of regulating and prescribing standards for any private athletic association which schedules football, basketball, or baseball games between the athletic teams of public high schools of this state.
Referred to Committee on Education.

SB 400. By Senators Foster of the 50th and McGill of the 24th:
A bill to amend an Act prohibiting the slaughter of horses under certain cir cumstances so as to authorize the Commissioner of Agriculture to waive cer tain requirements in cases in which a horse is in immediate need of destruc tion for humane reasons.
Referred to Committee on Agriculture.

SB 401. By Senators Foster of the 50th and Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps, and prisoners, as amended, so as to provide that the possession by a convict of currency and other items unless expressly and specifically authorized by the institution concerned shall constitute contraband and be subject to forfeiture.
Referred to Committee on Offender Rehabilitation.

SB 402. By Senators Foster of the 50th and Timmons of the 11th:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System, as amended, so as to provide for joint meetings of the Board of Regents and the State Board of Education; to provide for the con duct cf said meetings; to provide for the preparation and submission of the proposed agenda of said meetings; to provide an effective date.
Referred to Committee on Education.

SB 403. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Section 68-260, relating to license plates for motor vehicles owned by the State and political subdivisions thereof, so as to pro-

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63

vide for requirements which will indicate the nature of the governmental en tity which owns the motor vehicle.
Referred to Committee on Transportation.

SB 404. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to create the crime of loitering or prowl ing; to provide for a penalty.
Referred to Committee on Special Judiciary.

SB 405. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Chapter 26-25, relating to obstruction of law enforce ment, as amended, so as to create the crime of bail jumping; to provide con ditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse.
Referred to Committee on Judiciary.

SB 406. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Chapter 27-25, relating to sentences and executions, as amended, particularly by an Act to provide for the imposition of the death penalty in certain cases so as to add a new Code Section to be designated Code Section 27-2538.
Referred to Committee on Offender Rehabilitation.

SB 407. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to require notification to certain local authorities of the escape of cer tain inmates from thecustody of the Department of Offender Rehabilitation. Referred to Committee on Offender Rehabilitation.

SB 408. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to authorize the auditing of crime in formation submitted to the Georgia Crime Information Center by local law enforcement agencies.
Referred to Committee on Judiciary.

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SB 409. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to create the Organized Crime Prevention Council; to provide for assignment of the council to the Board of Public Safety for administrative purposes; to provide for the members, officers, qualifications, duties, powers, authority, appointments, terms of office, and vacancies.
Referred to Committee on Judiciary.

SB 410. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 91A-46, relating to the imposition of a joint county and municipal sales and use tax, so as to provide for certain changes for the imposition and collection of said tax. Referred to Committee on Banking, Finance and Insurance.

SR 247. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an in strumentality of the State of Georgia to be known as the Gwinnett Judicial Building Authority; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 248. By Senator Overby of the 49th:
A resolution proposing an amendment to the Constitution so as to authorize the creation of a Gainesville Redevelopment Authority; to pro vide powers; to specify limitations; to permit the issuance of certain bonds; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 249. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A resolution relative to jail standards. Referred to Committee on Offender Rehabilitation.

The following reports of standing committees were read by the Secretary:
Mr. President: Your Committee on Community Affairs has had under consideration the follow-

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65

ing bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 333. Do pass. SR 227. Do pass. SR 230. Do pass. SR 241.. Do pass. SR 242. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 250. Do pass by substitute. Respectfully submitted, Senator Ballard of the 45th District, Chairman
The following bill of the Senate was read the second time:

SB 285. By Senators Thompson of the 32nd and Fincher of the 52nd:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the pur chase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for certain persons is prohibited; to provide for legislative findings; to provide an effective date.

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

Allgood Ballard Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis

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Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land

Langford Lester Littlefield McGill Overby Paulk Reynolds Robinson Russell Scott

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker

Those not answering were Senators:

Duncan Rilev

Timmons

Wessels

Senator English of the 21st introduced the chaplain of the day, Reverend Don Proctor, pastor of Calvary Methodist Church, Swainsboro, Georgia, who offered Scripture reading and prayer.
Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Committee on Education and committed to the committee on Governmental Operations:
SB 329. By Senator Kidd of the 25th: A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of I he State of Georgia, as amended, so as to authorize the board to provide coverage for dental services.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 329 was withdrawn from the Committee on Education and committed to the Committee on Governmental Operations.
Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Committee on Education and committed to the Committee on Governmental Operations:
SB 330. By Senator Kidd of the 25th: 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, as amended, so as to provide for the investment of moneys in the health insurance fund by the Department of Administrative Services; \o authorize the board to contract with health maintenance organizations.

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67

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 330 was withdrawn from the Committee on Education and committed to the Committee on Governmental Operations.

Senator Hudgins of the 15th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

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

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Senate Chamber, Atlanta, Georgia Thursday, January 17, 1980

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

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 599. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a licensed physician who has been convicted of a felony in the courts of the United States.

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

HB 1071. By Representatives Hatcher of the 131st, Collins of the 144th, Williamson of the 45th and others:
A bill to revise, modernize, update certain revenue laws relating to the rais ing and expenditure of public revenues in this State; to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to specify the amount of interest due on taxes and other amounts due the State and local taxing jurisdictions and remaining unpaid.

HB 1074. By Representative Walker of the 115th:
A bill to amend Code Chapter 105-11, relating to injuries to health, so as to provide immunity for certain persons regarding donated food made to non-

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69

profit organizations; to preserve the liability of certain nonprofit organiza tions.

HB 1080. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act known as the "Georgia Seed Development Act," so as to remove the Governor from membership on the Georgia Seed Develop ment Commission.

HB 1085. By Representatives Adams of the 36th, Lambert of the 112th, Isakson of the 20th and others:
A bill to provide for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the State Department of Community Affairs.

HB 1086. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.

HB 1091. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, so as to change the membership of the authority.

HB 1092. By Representatives Hawkins of the 50th, Phillips of the 91st, Dixon of the 151st and others:
A bill to amend Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential candidates.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 429. By Representatives Lucas of the 102nd, Birdsong of the 103rd, Davis of the 99th and others: A resolution proposing an amendment to the Constitution so as to authorize certain tax preferences to be granted from ad valorem taxes levied by the City of Macon with respect to residential property revitalized or rehabilitated as part of a community development, redevelopment, or renewal project.

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HR 430. By Representatives Adams of the 36th, Isakson of the 20th, Birdsong of the 103rd 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 population of 600,000 or more, which is 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 shall be exempted from State, county, municipal and school taxation.

HR 432. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A resolution designating the Georgia Agrirama as the State Museum of Agriculture.

HR 435. By Representatives Greer of the 43rd, Adams of the 36th and Murphy of the 18th:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the Resolution.

HR 466. By Representatives Lane of the 40th, Carnes of the 43rd, Smith of the 42nd and Adams of the 36th:
A resolution commending the Silver Haired Legislature and authorizing its continuation.

HR 467. By Representatives Savage of the 25th, Cox of the 141st, Twiggs of the 4th and others: A resolution relative to the continuation and future of the Silver Haired Leg islature.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 411. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for programs of liability insurance or contracts of indemnity for State agencies, as amended, so as to provide that such programs may be extended to certain law enforcement officers; to provide the procedures connected therewith; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

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SB 412. By Senator Kidd of the 25th:
A bill to authorize state employees to engage in political activities under certain conditions; to define certain terms; to prohibit certain political ac tivities; to provide a penalty. Referred to Committee on Governmental Operations.

SB 413. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide for the reorganization of functions relating to human resources within the executive branch of state govern ment; to provide for a Department of Vocational Rehabilitation and its functions.
Tieferred to Committee on Governmental Operations.

SB 414. By Senators Walker of the 19th, Gillis of the 20th, Hudgins of the 15th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", as amended, so as to delete the phrase authorizing annual raccoon trapping in certain areas of the State.
Referred to Committee on Natural Resources and Environmental Quality.

SB 415. By Senators Russell of the 10th, McGill of the 24th, Walker of the 19th and others:
A bill to regulate the sale, inspection, importation, and distribution of milk and dairy products; to provide a short title; to define certain terms; to pro vide an enforcing official; to provide the powers, duties and responsibilities of the Commissioner of Agriculture; to provide for reports to be filed with the Commissioner.
Referred to Committee on Agriculture.

SB 416. By Senators Robinson of the 27th and Greene of the 26th:
A bill to provide for the removal of abandoned motor vehicles from public streets, roads, highways, and other public or private property; to define the term "abandoned motor vehicle"; to require persons who remove and store abandoned motor vehicles to seek the owners of such vehicles.
Referred to Committee on Transportation.

SB 417. By Senator Robinson of the 27th:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal pro visions, as amended, so as to provide for a new offense to be known as loiter ing; to, define said offense; to provide for guidelines to be used in determin ing whether an offense has been committed; to provide for a penalty.
Referred to Committee on Judiciary.

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SB 418. By Senators Robinson of the 27th and Kidd of the 25th:
A bill to amend an Act relating to the Department of Administrative Ser vices and matters concerning said department, which matters formerly ap pertained to the supervisor of purchases and tl e State Purchasing Board, as amended, so as to amend the dollar limit on purchases made directly by state departments, agencies and instrumentalities.
Referred to Committee on Governmental Operations.

SB 419. By Senator Greene of the 26th:
A bill to amend an Act known as the "Marriage and Family Counselor Licensing Act," as amended, so as to provide that certain persons licensed thereunder shall be considered as and may hold themselves out as marriage and family therapists and that such persons shall be considered as and may hold themselves out as performing marriage and family therapy.
Referred to Committee on Human Resources.

SB 420. By Senator Horton of the 17th:
A bill to amend Code Section 34A-1204, relating to the time for opening and closing of polls for municipal elections, as amended, so as to provide that the governing authority of any municipality may adjust the time for opening and the time for closing polls or either or both by not more than one hour earlier or later so long as the polls remain open continuously for a period of not less than 12 hours.
Referred to Committee on Governmental Operations.

SB 421. By Senator Horton of the 17th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide that the name of a person who is 65 years of age or older shall not be removed from and shall remain in the jury box for each county except in the case of such a person who notifies the jury commissioners of the county in writing that he does not desire to serve upon juries.
Referred to Committee on Judiciary.

SB 422. By Senator Horton of the 17th:
A bill to amend an Act relating to the State Parks and Recreational Areas, as amended, so as to provide that the Board of Natural Resources is directed to adopt and promulgate rules and regulations providing that no fee shall be charged to persons 60 years of age and over for the use or occupancy of State parks and recreational areas and that persons who are totally disabled shall be able to camp or otherwise make use of State parks and recreational areas for periods of up to 60 days.
Referred to Committee on Natural Resources and Environmental Quality.

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SB 423. By Senator Horton of the 17th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to membership and to provide for certain creditable service for certain members temporari ly employed by the Stone Mountain Memorial Association.
Referred to Committee on Retirement.

SR 250. By Senator Carter of the 14th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Sumter County cer tain state owned real property located within Sumter County. Referred to Committee on Public Utilities.

SR 251. By Senators Land of the 16th and Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to exempt from taxes levied for educational purposes in Muscogee County the homestead of certain residents of the county aged 62 years or older; to pro vide for conditions and limitations; to provide for submission of this amend ment for ratification or rejection. Referred to Committee on Community Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 1071. By Representatives Hatcher of the 131st, Collins of the 144th, Williamson of the 45th and others:
A bill to revise, modernize, update certain revenue laws relating to the rais ing and expenditure of public revenues in this State; to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to specify the amount of interest due on taxes and other amounts due the State and local taxing jurisdictions and remaining unpaid.
Referred to Committee on Banking, Finance and Insurance.

HB 1074. By Representative Walker of the 115th: A bill to amend Code Chapter 105-11, relating to injuries to health, so as to provide immunity for certain persons regarding donated food made to non profit organizations; to preserve the liability of certain nonprofit organiza tions.
Referred to Committee on Human Resources.
HB 1080. By Representatives Lambert of the 112th and Hatcher of the 131 st: A bill to amend an Act known as the "Georgia Seed Development Act," so as

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to remove the Governor from membership on the Georgia Seed Develop ment Commission.
Referred to Committee on Agriculture.

HB 1085. By Representatives Adams of the 36th, Lambert of the 112th, Isakson of the 20th and others:
A bill to provide for the transfer of functions, personnel and equipment from the State Building Administrative Board to the State Department of Com munity Affairs.
Referred to Committee on Community Affairs.

HB 1091. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, so as to change the membership of the authority. Referred to Committee on Governmental Operations.

HB 1092. By Representatives Hawkins of the 50th, Phillips of the 91st, Dixon of the 151st and others:
A bill to amend Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential candidates.
Referred to Comittee on Governmental Operations.

HB 1086. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District. Referred to Committee on Community Affairs.
HR 429. By Representatives Lucas of the 102nd, Birdsong of the 103rd, Davis of the 99th and others:
A resolution proposing an amendment to the Constitution so as to authorize certain tax preferences to be granted from ad valorem taxes levied by the City of Macon with respect to residential property revitaliz ed or rehabilitated as part of a community development, redevelopment, or renewal project. Referred to Committee on Community Affairs.

HR 430. By Representatives Adams of the 36th, Isakson of the 20th, Birdsong of the 103rd 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

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population of 600,000 or more, which is 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 shall be exempted from State, county, municipal and school taxation.
Referred to Committee on Community Affairs.

HR 432. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A resolution designating the Georgia Agrirama as the State Museum of Agriculture. Referred to Committee on Agriculture.

HR 435. By Representatives Greer of the 43rd, Adams of the 36th and Murphy of the 18th:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the Resolution.
Referred to Committee on Community Affairs.

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

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 191. Do not pass. SR 95. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 125. Do not pass.

Respectfully submitted, Senator Overby of the 49th District, Chairman

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Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 245. Do pass. SB 339. Do pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate were read the second time:
SB 250. By Senators Allgood of the 22nd, Foster of the 50th and Barker of the 18th:
A bill to amend Title 114 of the Code of Georgia relating to workers' com pensation, as amended, so as to authorize bona fide trade associations, pro fessional associations and political subdivisions to establish joint funds for the purpose of administering group self-insurance programs of which workers' compensation benefits'are paid for the exclusive benefit of the par ticipants and their employees.
SB 333. By Senator Kidd of the 25th:
A bill to amend an Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisi tion so as to change the amount of the fee; to provide an effective date.
SR 227. By Senators Land of the 16th and Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to provide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide for submis sion of this amendment for ratification or rejection.
SR 230. By Senator Littlefield of the 6th: 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 Camden County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.

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SR 241. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to ex pend funds to finance all or part of the employer and employee contribu tions to any health insurance plan for retired public school teachers created by the general law of this state; to provide for submission of this amendment for ratification or rejection.

SR 242. By Senators Riley of the 1st and Wessels of the 2nd:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as "The Chatham Electric Utility Authority", an institution of purely public charity performing an essential governmental function; to provide for submission of this amendment for ratification or rejection.

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

Those answering were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Coverdell

Duncan Stumbaugh

Timmons

Senator Fincher of the 54th introduced the chaplain of the day, Reverend Bill Floyd, pastor of the First United Methodist Church, Dalton, Georgia, who offered scripture reading and prayer.

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Senator Hudson of the 35th introduced the doctor of the day, Dr. Henry Steadman, of Atlanta, Georgia.

The following resolutions of the House and Senate were read and adopted:

HR 466. By Representatives Lane of the 40th, Carnes of the 43rd, Smith of the 42nd and Adams of the 36th:
A resolution commending the Silver-haired Legislature and authorizing its continuation.

HR 467. By Representatives Savage of the 25th, Cox of the 141st, Twiggs of the 4th and others:
A resolution relative to the continuation and future of the Silver-haired Legislature.
SR 253. By Senators Greene of the 26th, Kidd of the 25th and Robinson of the 27th:
A resolution commending Mrs. Jane L. Cote of Macon, Georgia, for being the composer of the beautiful song entitled "Georgia".
SENATE CALENDAR
Thursday, January 17, 1980
FOURTH LEGISLATIVE DAY SB 285 Alcoholic Beverage Purchase--change age (SUBSTITUTE) (C Aff --
32nd)
SENATE CALENDAR
You will note a slight change in the format on the Senate Calen dar. We will continue the practice of placing the words (AMEND MENT) or (SUBSTITUTE) after each caption if there is an amend ment or substitute offered by any committee or if any Senator files either before the Calendar is printed.
The new addition gives an abbreviation of the Committee from which the bill or resolution was last reported and the district number of the first author or sponsor. Example: (IL&Tou -- 22nd) the bill was reported from Industry, Labor and Tourism and the Senator from the 22nd District is the author of the bill.

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

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HB 599. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a licens ed physician who has been convicted of a felony in the courts of the United States.

Senator Turner of the 8th moved that the Senate insist upon the following Senate substitute to HB 599:

A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the time that the clinical training program developed by the Medical College of Georgia may be discontinued; to change the residence requirements of certain aliens; to give the Board of Medical Examiners authority to refuse to grant a license to an applicant or to discipline a licensed physician who has been convicted of a felony in the courts of the United States; 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. Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by striking paragraph (2) of subsection (b) of Code Section 84-907 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (b) of Code Section 84-907, to read as follows:
"(2) The Medical College of Georgia shall develop and offer a clinical traininc orotrram lor the purposes of this Section. Such pro gram shall begin no later than the beginning of the first school term alter July 1, 1976, but may be discontinued four years after the Medical College or Georgia institutes and makes operational a coor dinated transfer system (COTRANS) for the admission with advanced standing of foreign medical students to the Medical College of Georgia."
Section 2. Said Code Chapter is further amended by adding a new paragraph at the end of Code Section 84-907.5, to read as follows:
"Any qualified applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the Composite State Board of Medical Examiners, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this Chapter shall be eligi ble to stand the examination herein provided for and upon his suc cessful completion thereof shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Cana dian medical schools, as approved by the Composite State Board of Medical Examiners, are exempt from the residency requirement of one

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year in the United States and may be granted a license by endorsement of the LMCC examination without further examination if the Board determines that the applicant substantially meets the qualifications re quired for licensure in the State of Georgia."
Section 3. Said Code Chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 84-916 in its entirety and inserting in lieu thereof a new paragraph (3) of subsection (a) of Code Section 84-916, to read as follows:
"(3) Been convicted of a felony in the courts of this State, of any other state, of any territory, of any country, or of the United States. 'Conviction of a felony' as used in this Section 84-916(a) shall include a conviction of an offense which if committed in this State would be deemed a felony under either State or Federal law, without regard to its designation elsewhere. For the purposes of this Section 84-916(a), a 'conviction' shall include a finding or verdict of guilty, a plea of guil ty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; or".
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 motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 599.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 285. By Senators Thompson of the 32nd and Fincher of the 52nd:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the pur chase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for certain persons is prohibited; to provide for legislative findings; to provide an effective date.

The time having arrived, as provided for in HR 428, for the convening of the Joint Session for the Budget message from His Excellency, Governor George Busbee, the President announced that the consideration of SB 285 would be postponed until the Senate reconvened following the Joint Session.

Senator Riley of the 1st moved that the Senate recess at 11:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the Budget message by His Excellency, Governor George Busbee, and that the Senate stand in recess immediately upon dissolution of the Joint Session until 2:00 o'clock P.M.

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On the motion, the yeas were 30, nays 0, and the motion prevailed.

The hour for convening the Joint Session of the Senate and House having arriv ed, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing the Budget message by His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 428, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

His Excellency, Governor Busbee, addressed the Joint Session of the Senate and House of Representatives as follows:

Ten years ago, as the decade of the 1970s was dawning, the Governor's Budget Message was eagerly awaited because it was the first announcement of his spending proposals.
Today, that is no longer true. Not only have my budget recommenda tions been released, but hearings have already been held on both the amend ed budget for fiscal year 1980 and the new budget for 1981, and the House will soon be taking up the amended budget.
In my State of the State message, I departed from past practices and talked specifically about problems existing today and the impact they will have throughout the decade ahead.
I want to do the same thing today regarding our economy and its im pact on state budgets in the 1980s before talking about a few specific budget items that I feel need emphasizing.
I hate to be the harbinger of gloomy news, but soaring revenues like we experienced in the 1970s don't appear to be likely for the immediate years ahead. Not until the latter half of the decade does it appear that we will see a return to the consistent double-digit revenue growth that we have enjoyed since 1970.
We started off the last decade with our first $ 1 billion budget and my recommendations for fiscal year 1981 would start off the decade of the 1980s with our first $3 billion budget.
This mountainous climb in our budget was spurred by revenue growth that averaged 11.4 per cent each year . . . despite two recessions.
But this apparent prosperity was in large part caused by inflation. For the decade, the real buying power of the dollars collected increased only about an average of 4 per cent per year, well below the 7 per cent rate of growth of buying power registered during the 1960s. Of equal im portance is the fact that most of this growth came early in the decade. We've had very little buying-power growth since the mid-1970s.
With rates of growth projected at 8.1 per cent and 7.6 per cent for the two budget years you are now working on, and with inflation ex-

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pected to be well over 9 per cent for both years, we are actually experien cing now a loss in buying power.
Along with reduced revenue growth at least well into the 1980s, we also foresee a continuing low rate of buying power.
There are many problems causing our pessimistic outlook for the 1980s and I want to just briefly touch on some of them.
Growth in productivity continues to slip and will likely continue to be low for many years because of lagging capital investments by in dustry. The rates of increase of capital per worker during the 1970s were only about one-third of those enjoyed in the fifties and sixties.
A number of factors are to blame . . . the spiraling real costs of petroleum . . . recurring interruptions in the international markets . . . and the imposition on businesses of the costs of saving the environment, among others.
Petroleum is a major problem. Normally, when the availability of a product seems threatened and its costs rise, American know-how and in genuity have moved quickly to find an adequate, cheaper substitute. So far, this has not been true regarding petroleum. Our reaction has been basically to conserve and try to accommodate domestic shortages rather than invest in substitutes.
The decade of the 1980s is starting with a recession and our economists tell us that at least one other economic interrup tion . . . perhaps two . . . can be anticipated before 1990.
Because the state's tax structure increasingly is tied to incomesensitive taxes and lees, the relative impact on revenues of any recession is apt to be greater than it was in the 1970s.
Until the economy is protected from sudden spurts in energy prices, the growth prosnect for state revenues is less buoyant than earlier.
Only in the last half of the decade is there any hope for a capital spending surge that will bolster productivity, income growth and govern ment revenues simultaneously.
With such a gloomy forecast until at least mid-decade, we must be extra careful that our budgets do not build in undue pressures on the budgets to follow.
There are some serious pressures facing us that we can't ignore. The state is going to be squeezed more than ever by local governments demanding more assistance and by the federal government wanting to cut back on grants in its quest of a balanced budget.
If we have not been able to buy quality with the greatest decade of revenue collections in state history, how can we buy it with a decreased rate of growth while at the same time we are subjected to increased demands for more assistance to local governments and cutbacks in grants by the federal government?

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The truth is, we can't . . . and this truth should be in all of our thoughts as we deliberate on a spending program for the next 18 months.
Quality must come from greater dedication of our people and better use of our resources. We can't buy quality and we might as well recognize it now.
For 1981, we are projecting that revenues will increase only $206 million. This will be more than consumed by new pay raises, annualizing the two-step pay raises given this year and the newly dedicated revenues for highway needs.
Because of these needs, I felt it was absolutely necessary to rollforward $80.4 million in surpluses that are available to spend this year. But the House Appropriations Committee is studying a reduction in the roll-forward to $35 million, mostly for programs or projects not being moved up to 1980 from my proposed 1981 recommendations.
Inflation is hitting our agencies hard. They are struggling to meet in creasing costs in such areas as utilities . . . food costs in our institu tions . . . motor vehicle expenses . . . maintenance of equipment and buildings . . . supplies . . . and so on.
Except for pay raises, most of my recommendations for new spending in 1981 would help our agencies meet the rising cost of inflation. Without the $80.4 million roll-forward, I fear that we are going to jeopardize either the pay raises or cut so deeply into operating funds of agencies that services for our citizens will be jeopardized.
The 1981 budget recommendations are very tight. I have virtually cut out all capital outlay. Missing from my recommendations are such crucial projects as expansion of the World Congress Center, a money maker for the state . . . the Public Safety Training Center in Monroe County and the GBI complex, both needed to improve our law enforce ment capabilities . . . and prison expansion to accommodate a growing prison population. All of these priority projects must await your con sideration next year, when new money promises to be just as tight as this year.
In addition, we have in the fiscal year 1980 amended budget only $10 million for new construction throughout our University System. We have needs on the Georgia Tech campus alone that exceed the amount we have budgeted for all 33 institutions. But all unmet University System needs also must wait for next year.
If you try to increase spending in the current fiscal year beyond my recommendations, you are building in pressures that will have a negative impact not only for 1981 but for years to come.
I hope you will re-evaluate the budget for the current fiscal year and roll-forward at least the $80.4 million which I recommended. I cannot overstress the importance of doing this rather than spending it now on capital outlay and for other purposes of lower priority.

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Our first budget priority in 1981 is the cost-of-living adjustment. Because we can't give raises that offset the high inflation rate, I have recom mended pay packages that will accomplish the greatest good.
The $1,000 across-the-board pay increase for our teachers is designed primarily to boost the salaries of our beginning and younger teachers.
Per cent pay raises have had the effect for years of providing larger in creases for teachers at the top end of the index scale and lower increases for those on the lower end. We have reached a situation in which our beginning teacher salaries rank near the bottom in the South, while the salaries of our more experienced teachers rank near the top.
While I am not happy with the salaries on any part of the scale, I think our greatest need now is to bring up the salaries on the low end of the scale. One of the reasons we have a shortage of teachers now is that our young people are choosing professions that pay more than teaching. This trend must be reversed to end the teacher shortage.
The pay raise plan I am proposing for our state employees . . . pickingup their five percent retirement contribution . . . was chosen because it will provide them the most take-home pay for the state funds required.

My proposal, which includes special pay raises for lower paid employees, would mean a minimum of 7 per cent take-home pay for state employees. In addition, the Retirement System would count the 5 per cent retirement cost pick-up as if it were a gross pay raise for the purposes of future retirement benefit calculations.
Employees who quit prior to retirement could draw out their con tributions with interest, just as they do now. Those employees who no longer contribute or who will stop contributing during fiscal year 1981 would receive a cost-of-living pay raise.
Some teachers have suggested that this might be a preferable pay raise for them. Teacher groups are now studying what costs would be in volved in giving teachers this same type of raise, coupled with large raises for beginning teachers.
An 8 per cent increase proposed for our University System personnel is consistent with the average pay increase recommended for teachers.
One new budget constraint that needs emphasis is the impact of the new dedicated revenues for the Department of Transportation.
The General Assembly last year passed laws that automatically allocate to DOT for highway programs the three per cent sales tax col lected on motor fuel sales and all interest earned in the state treasury on investment of motor fuel tax collections.
This action was necessary to allow us to return to our historical pattern of financing highway programs with dedicated revenues collected from motorists. In the last two years we have funded an average of more than $7-0

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million in road improvements from general treasury funds because the ris ing costs of gasoline and conservation have steadily eroded our motor fuel tax base. The new dedicated funds will meet our highway needs without us ing general funds and allow better planning by our Department of Transpor tation.
The new revenue sources are expected to yield a gross of $106.6 million--$75.2 million from the three per cent sales tax, and $31.4 million from interest earnings. When added to the original motor fuel tax, the net in come available to the Department of Transportation from the three sources will total $361,525,000 after adjustments for refunds and the cost of collec tions. The only general treasury funds recommended for DOT are for intermodal transportation expenses, special non-highway expenses and the long time $9.3 million in grants in cities.
This change does not involve any new taxes. It merely dedicates to DOT revenue already being collected to offset decreasing motor fuel tax collec tions.
I have made one other recommendation for DOT which I believe will have a significant economic impact in the years ahead for our people in the Appalachian region . . . that is the expenditure of $49 million from federal Interstate payback funds to help advance-fund the construction of the Ap palachian Highway System through the North Georgia mountains. This in cludes $21.5 million in the remaining months of this fiscal year and $27.5 million in 1981 for a total of $49 million.
As these funds are repaid to the state by the Appalachian Regional Com mission on an 80 per cent basis, I am recommending that they be reinvested in the Appalachian Highway to continue its accelerated construction.
Appalachian Georgia is the only major region of the state still economically deprived by the lack of an adequate highway system. The completion of this highway will give North Georgians an equal chance to improve their standard of living.
I have already announced a major program to combat crime in Georgia. An important part of this program involves an expansion of the capabilities of the State Patrol and GBI in law enforcement.
For the State Patrol, I am recommending the addition of 18 new troopers in 1981 and implementation of the one man/one car concept in the 1980 amended budget, an action equivalent to adding 39 new troopers.
These actions will have the equivalent effect of adding 57 full-time troopers to patrol duty.
In addition, we are going to gain considerably more patrol duty from the existing force through a major reorganization of the State Patrol now being implemented. This is being achieved by removing from field en forcement troopers the duty of working special events, allowing them to patrol full-time.

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Specialist troopers who perform such duties as motor vehicle inspec tions and safety education programs are being reassigned to two new troops and will be given the additional responsibility of working special events. These specialists also will double their patrol time.
Also involved in the reorganization will be a reallocation of troopers between posts to better utilize manpower where it is most needed.
What we're doing with the reorganization is achieving the maximum amount of highway patrolling possible out of our present complement of troopers. Our highways should be much safer in the future.
We are also moving to stop the rapid increase in the number of patrol posts. After a study reported that the number of patrol posts could be reduced from 46 to no more than 22 and serve just as efficiently and at less cost, the Board of Public Safety adopted a resolution that if any new post is added, an existing post must be closed.
As you know, we have been adding posts every time a local govern ment would donate land and a building. I challenge the General Assembly to work with me and the Board to stop this policy.
One of the major problems in fighting the crime menace is the im pact of drugs. We are launching a full-scale attack on drug trafficking in the state by a major expansion of the GBI.
I have recommended that 35 new special agents be added to the GBI. Of the new agents, 25 would be assigned to the 13 regional offices to pro vide an increased amount of criminal investigative support to local law enforcement agencies, especially in fighting drug trafficking, and provide it more quickly than ever.
The other 10 will work out of headquarters and will largely concen trate their efforts on reducing the illegal use of drugs.
We are also giving the GBI responsibility for enforcement of all alcohol and tobacco criminal laws and bingo laws in an effort to concen trate all enforcement of criminal laws into a single agency.
Another of my recommendations on which I want to comment briefly is the proposal of bond financing to build a new $22,415,000 container berth at the Georgia Ports Authority's Garden City Terminal in Savannah and a new $2,500,000 administration building.
I realize these would be the first bonds issued by the state since September 1, 1977. But the Ports Authority has agreed to repay the state for the cost of the bonds, including principal and interest, over a 20-year period beginning in fiscal year 1983.
Considering this fact, and the fact that our ports pay for themselves many times over, I believe we should break our moratorium for this one bond project. If we don't continue to expand our ports, we are going to lose ground to our competitors.

THURSDAY, JANUARY 17, 1980

87

We have reduced our bonded indebtedness from 11.3 per cent of an nual bond payments as a percentage of net treasury receipts for the prior fiscal year in 1965 to a projected 3.8 per cent in 1981, even with the new bonds. This is an outstanding record of fiscal responsibility.
Not only are we reducing our percentage of indebtedness, but the bond moratorium and early payoff of school and other bonds have allow ed us to drastically reduce our actual indebtedness. When we imposed the moratorium, Georgia owed almost $1.4 billion in bond principal. The amount of principal actually owed should dip below $1 billion during the current fiscal year--a reduction of about $400 million since 1977.
We should not promiscuously return to the bond market, but when an investment will pay the economic dividends that the ports expansion will, bond financing is a wise action.
In any way we want to analyze our situation this year, we will be approving basically a standstill budget. Considering the slim years that appear ahead, our future budgets are undeniably linked with our actions at this session.
This places a heavy burden on us to be very careful in the directions we take now. I have every confidence that we will not recklessly spend today and force undue pressures on the budgets in the coming years.
In closing, I want to commend the leadership and the Appropriations Committees of both houses for this year's expedited handling of both the FY 1980 amended budget and the FY 1981 Appropriations Bill. Never in my recollection has the process gone forward more smoothly or on a more open and business-like basis. Thus far, there haven't even been any major battle cries across the halls. But as they say, there's always a period of calm before a storm.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the mo tion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood in recess until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
The following resolution of the Senate was read and adopted:
SR 252. By Senator Kennedy of the 4th: A resolution commending Mr. S. E. "Zeke" Perkins.

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JOURNAL OF THE SENATE,

Senator Kennedy of the 4th introduced Mr. S. E. "Zeke" Perkins, President of the Silver-haired Legislature Senate, who briefly addressed the Senate.

The following general bill of the Senate, having been read the third time before the Senate recessed today for the Joint Session, was put upon its passage:

SB 285. By Senators Thompson of the 32nd and Fincher of the 52nd:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

The Senate Committee on Consumer Affairs offered the following substitute to SB 285:

A BILL
To be entitled an Act to amend Code Chapter. 58-6, relating to miscellaneous provisions concerning alcoholic beverages, as amended, so as to prohibit the furnishing of distilled spirits, wines, malt beverages or other alcoholic beverages to persons under 21 years of age; to provide for excep tions and penalties; to amend an Act prohibiting the purchase by minors of alcoholic, spirituous, malt, or intoxicating liquors or beverages, approved April 18, 1967 (Ga. Laws 1967, p. 797), so as to change certain age limits and include certain alcoholic beverages; to prohibit the possession of certain alcoholic, spirituous, vinous, malt, or intoxicating liquors or beverages by certain persons; to provide for penalties; to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Li quors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 12, 1968 (Ga. Laws 1968, p. 287), so as to delete certain references to minors; to amend an Act changing the age of majority in this state, approved March 10, 1972 (Ga. Laws 1972, p. 193), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 590), so as to provide for construction of said Act in relation to the sale, purchase or possession of alcoholic beverages by per sons below a certain minimum age; to provide for construction of this Act; 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 Chapter 58-6, relating to miscellaneous provisions concerning alcoholic beverages, as amended, is hereby amended by strik ing Section 58-612 thereof in its entirety, which reads as follows:
"58-612. Furnishing liquor to minors.--Any person who knowing ly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous

THURSDAY, JANUARY 17, 1980

89

or intoxicating or malt liquors, without first obtaining written authori ty from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the peniten tiary for not less than one year nor more than five years.",
and inserting in lieu thereof a new Section 58-612 to read as follows:
"58-612. Furnishing alcoholic beverages to persons under 21 years of age. (a) It shall be unlawful for any person knowingly, by himself or through another, to furnish or cause to be furnished, or permit any other person in his employ to furnish any person under 21 years of age any distilled spirits, wines, malt beverages or other alcoholic beverages, unless furnished to be consumed for medical purposes pur suant to a prescription of a physician duly authorized to practice medicine in this state.
(b) Any person violating the provisions of subsection (a) of this sec tion shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 2. An Act prohibiting the purchase by minors of alcoholic, spirituous, malt, or intoxicating liquors or beverages, approved April 18, 1967 (Ga. Laws 1967, p. 797), is hereby amended by striking from Sec tions 1,2, and 3 thereof the following:
"minor",
and inserting in lieu thereof the following:
"person under 21 years of age",
and by adding in Sections 1, 2, and 3 thereof after the following:
"alcoholic, spirituous,",
the following:
"vinous,",
and by adding between Sections 3 and 4 thereof the following:
"Section 3A. It shall be unlawful for any person under 21 years of age to possess any alcoholic, spirituous, vinous, malt, or intoxicating liquors or beverages, except for the authorized purposes set forth in Section 1 of this Act, and the penalties for the violation of this section shall be the same as those for any other violation of this Act.",
so that when so amended Sections, 1,2,3, and 3A shall read as follows:
"Section 1. It shall be unlawful for any person under 21 years of age to purchase any alcoholic, spirituous, vinous, malt or intoxicating liquors or beverages, provided that this section shall not apply to any such liquors or beverages to be consumed for medical purposes pur suant to a prescription by a duly licensed physician under the laws of the State of Georgia.

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Section 2. It shall be unlawful for any person under 21 years of age to falsely misrepresent his age in any manner whatever, for the purpose of illegally obtaining any alcoholic, spirituous, vinous, malt or intoxicating liquors or beverages.
Section 3. It shall be unlawful for any person to knowingly and intentionally act as agent to purchase or acquire any alcoholic, spirituous, vinous, malt or intoxicating liquors or beverages for or on behalf of a person under 21 years of age, except for the authorized purposes set forth in Section 1 of this Act.
Section 3A. It shall be unlawful for any person under 21 years of age to possess any alcoholic, spirituous, vinous, malt, or intoxicating liquors or beverages, except for the authorized purposes set forth in Section 1 of this Act, and the penalties for the violation of this section shall be the same as those for any other violation of this Act."
Section 3. 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 approved March 12, 1968 (Ga. Laws 1968, p. 287), is hereby amend ed by striking from Section 15 the following:
"to any minor,",
so that when so amended Section 15 shall read as follows:
"Section 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages, to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor."
Section 4. An Act changing the age of majority in this state, approved March 10, 1972 (Ga. Laws 1972, p. 193), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 590), is hereby amended by adding at the end of Section 10 thereof the following:
"Nothing in this Act shall be construed to alter, amend, or supersede any other provisions of law relating to minimum age in connection with the sale, purchase or possession of alcoholic beverages."
Section 5. Nothing in this Act shall be construed to prohibit persons under 21 years of age from dispensing, serving, selling, handling, or taking orders for alcoholic beverages if such conduct is not otherwise prohibited by an Act restricting the employment of persons under 18 years of age to dispense, serve, sell, or take orders for alcoholic beverages and providing ex ceptions thereto, approved March 5, 1976 (Ga. Laws 1976, p. 409).
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 the Act are hereby repealed.

THURSDAY, JANUARY 17, 1980

91

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs as follows:
By striking from line 5 of Page 1, lines 17 and 20 of Page 2, lines 3, 12, 21, and 28 of Page 3, and lines 2 and 5 of Page 4 the following:
"21",
and inserting in lieu thereof in all of such lines the following: "19".

On the adoption of the amendment offered by Senator Kidd of the 25th, the veas were 16, nays 28, and the amendment to the committee substitute was lost.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs as follows:
By striking from line 5 of Page 1, lines 17 and 20 of Page 2, lines 3, 12, 21, and 28 of Page 3, and lines 2 and 5 of Page 4 the following:
"21",
and inserting in lieu thereof in all of such lines the following: "20".

On the adoption of the amendment offered by Senator Kidd of the 25th, 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 Broun of 46th Bryant Coverdell
Eldridge English Evans Gillis

Hill Howard Kidd Littlefield
Overby Paulk Reynolds Riley

Robinson" Russell Scott Stephens
Turner Tysinger Walker

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Dean Fincher of 52nd

Foster Greene Holloway Horton Hudgins Hudson Johnson Kennedy Land Langford

Lester McGill Starr Stumbaugh Summers Sutton Tate Thompson Timmons Wessels

Those not voting were Senators Duncan and Fincher of 54th.
On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 23, nays 31, and the amendment to the committee substitute was lost.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs as follows:
By striking from the title, beginning on line 24 of Page 1, the following:
"to provide for construction of this Act;",
and inserting in lieu thereof the following:
"to amend an Act making it unlawful for a person to allow or re quire certain persons to dispense, serve, sell or take orders for alcoholic beverages, approved March 5, 1976 (Ga. Laws 1976, p. 409), so as to change certain age provisions;".
By striking in its entirety Section 5, beginning on line 5 of Page 5, and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. An Act making it unlawful for a person to allow or re quire certain persons to dispense, serve, sell or take orders for alcoholic beverages, approved March 5, 1976 (Ga. Laws 1976, p. 409), is hereby amended by striking from Section 1, wherever, the same shall appear, the figure '18' and inserting in lieu thereof the figure '21', so that when so amended Section 1 shall read as follows:
'Section 1. It shall be unlawful for any person to allow or require a person in his employment under 21 years of age to dispense, serve, sell or take orders for any alcoholic beverage; provided, however, that the pro visions of this section shall not prohibit persons under 21 years of age

THURSDAY, JANUARY 17, 1980

93

who are employed in supermarkets, convenience stores or drug stores from selling or handling alcoholic beverages which are sold for consump tion off the premises. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.' "

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 7, nays 39, and the amendment to the committee substitute was lost.

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs by striking Section 6 in its entirety and substituting in lieu thereof the following:
"Section 6. This Act shall become effective on January 1, 1981."

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 42, nays 0, and the amendment to the committee substitute was adopted.

Senator Scott of the 43rd offered the following amendment:

Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs by changing the period to a semicolon on Page 2, line 25,
and
by adding the following after the word "state":
"furthermore anyone convicted a second time under this Section of the Act shall forfeit their licenses to sell or distribute alcoholic beverages for a period of five years."

On the adoption of the amendment offered by Senator Scott of the 43rd, the yeas were 30, nays 18, and the amendment to the committee substitute was adopted.

Senators Starr of the 44th and Wessels of the 2nd offered the following amend ment:

Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs by removing the period after the word "state" on line 25, Page 2 and inserting the following:
", or for religious purposes or consumption in the home with paren tal consent."

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JOURNAL OF THE SENATE,

On the adoption of the amendment offered by Senators Starr of the 44th and Wessels of the 2nd, the yeas were 43, nays 3, and the amendment to the committee substitute was adopted.

Senator Reynolds of the 48th offered the following amendment:

Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs by adding on line 8, Page 5 after the word "beverages" the following:
"and having possession of alcoholic beverages in so doing".

On the adoption of the amendment offered by Senator Reynolds of the 48th, the yeas were 40, nays 3, and the amendment to the committee substitute was adopted.

Senator Lester of the 23rd offered the following amendment:

Amend the substitute to SB 285 offered by the Senate Committee on Consumer Affairs as follows:
By striking lines 4 and 5 on Page 1 in its entirety and inserting in lieu thereof the following:
"spirits or intoxicating liquors to persons under 21 years of age or malt beverages or wine to persons under 18 years of age; to provide for exceptions".
By striking lines 21 and 22 on Page 2 in their entirety and inserting in lieu thereof the following:
"years of age any distilled spirits or intoxicating liquors or to furnish to any person under 18 years of age any malt beverages or wine, unless furnished".
By striking line 34 on Page 2 in its entirety and inserting in lieu thereof the following:
"1, 2, and 3 in their entirety and inserting in lieu thereof new Sec tions 1, 2, 3, and 3A to read as follows:".
By striking lines 1 through 34 on Page 3 in their entirety and inserting in lieu thereof the following:
"Section 1. It shall be unlawful for any person under 21 years of age to purchase any spirituous, vinous, or intoxicating liquors or to furnish to any person under 18 years of age any malt beverages or wine, provided that this section shall not apply to any such liquors or beverages to be consumed for medical purposes pursuant to a prescription by a duly licensed phvsician under the laws of the State of Georgia.

THURSDAY, JANUARY 17, 1980

95

Section 2. It shall be unlawful for any person under 21 years of age to falsely misrepresent his age in any manner whatever, for the purpose of illegally obtaining any spirituous, vinous, or intoxicating liquors or for any person under 18 years of age to falsely misrepresent his age in any manner whatever, for the purpose of illegally obtaining malt beverages or wine.
Section 3. It shall be unlawful for any person to knowingly and in toern"t.ionally act as agent to purchase or acquire any spirituous, vinous,

By striking lines 1 through 10 on Page 4 in their entirety and inserting in lieu thereof the following:
"intoxicating liquors for or on behalf of a person under 21 years of age or to knowingly and intentionally act as agent to purchase or acquire any malt beverages or wine for or on behalf of a person under 18 years of age, except as authorized in Section 1 of this Act.
Section 3A. It shall be unlawful for any person under 21 years of age to possess any spirituous, vinous, or intoxicating liquors or beverages or for any person under 18 years of age to possess any malt beverages or wine, except as authorized in Section 1 of this Act, and the penalties for the violation of this section shall be the same as those for any other viola tion of this Act."

On the adoption of the amendment offered by Senator Lester of the 23rd, the yeas were 13, nays 26, and the amendment to the committee substitute was lost.

Senator Ballard of the 45th offered the following substitute to SB 285:

A BILL
To be entitled an Act to amend Code Section 58-612, relating to the furnishing of liquor to minors, as amended, so as to change the age at which persons can be furnished alcoholic beverages; to redefine the crime and the punishment; to amend an Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), so as to change the applicable age; to make it unlawful for certain persons to possess alcoholic beverages; to provide that vinous beverages are prohibited; to provide for a minimum penalty; to amend an Act changing the age of majority, approved March 10, 1972 (Ga. Laws 1972, p. 193), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 590), so as to provide for construction of said Act in relation to the sale, purchase, or possession of alcoholic beverages by persons below a certain age; to amend an Act prohibiting persons from allowing persons under 18 years of age to serve, sell, or take orders for any alcoholic beverages and providing exceptions, approved March 5, 1976 (Ga. Laws 1976, p. 409), so as to change the applicable age; to pro vide that certain persons shall not sell alcoholic beverages; to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic

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JOURNAL OF THE SENATE,

Beverages and Liquor," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to delete certain references to minors; 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 58-612, relating to the furnishing of liquor to minors, as amended, is hereby amended by striking in its entirety Code Section 58-612, which reads as follows:
"58-612. Furnishing liquor to minors--Any person who knowing ly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ, to furnish any minor spirituous or intoxicating or malt liquors, without first obtaining written authori ty from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the peniten tiary for not less than one year nor more than five years.",
and substituting in lieu thereof a new Code Section 58-612 to read as follows:
"58-612. Furnishing liquor to persons under 19 years of age. It shall be unlawful for any person knowingly to sell or provide any alcoholic, spirituous, malt, or intoxicating liquor to a person under 19 years of age, except when such is sold or provided for medical pur poses pursuant to a prescription by a licensed physician under the laws of the State of Georgia. Anyone convicted of violating this Code Section shall be guilty of a felony and shall be fined not less than $1,000 nor more than $5,000 or by imprisonment for not less than one year nor more than five years, or both."
Section 2. An Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), is hereby amended by striking Sections 1, 2, 3, and 4 of said Act, which reads as follows:

"Section 1. It shall be unlawful for any minor to purchase any alcoholic, spirituous, malt or intoxicating liquors or beverages, provid ed that this section shall not apply to any such liquors or beverages to be consumed for medical purposes pursuant to a prescription by a du ly licensed physician under the laws of the State of Georgia.
Section 2. It shall be unlawful for any minor to falsely misrepre sent his age in any manner whatever, for the purpose of illegally ob taining any alcoholic, spirituous, malt or intoxicating liquors or beverages.
Section 3. It shall be unlawful for any person to knowingly and in tentionally act as agent to purchase or acquire any alcoholic, spirituous, malt or intoxicating liquors or beverages for or on behalf of a minor, ex cept for the authorized purposes set forth in Section 1 of this Act.

THURSDAY, JANUARY 17, 1980

97

Section 4. Any person violating the above sections shall be guilty of a misdemeanor and upon conviction shall be punished as for a misde meanor."
and substituting in lieu thereof new Sections 1, 2, 3, and 4 to read as follows:
"Section 1. It shall be unlawful for any person under 19 years of age to purchase or possess any alcoholic, spirituous, vinous, malt, or intox icating liquors or beverages, provided that this section shall not apply to any such liquors or beverages to be consumed for medical purposes pur suant to a prescription issued by a duly licensed physician under the laws of the State of Georgia.
Section 2. It shall be unlawful for any person under 19 years of age to misrepresent his age in any manner whatever, for the purpose of il legally obtaining any alcoholic, spirituous, vinous, malt, or intoxicating liquors or beverages.
Section 3. It shall be unlawful for any person, knowingly and inten tionally, to act as an agent to purchase or acquire any alcoholic, spirituous, vinous, malt, or intoxicating liquors or beverages for or on behalf of a person under 19 years of age, except for the authorized pur poses set forth in Section 1 of this Act.
Section 4. Any person violating the above sections shall be guilty of a misdemeanor and upon conviction shall be punished as for a misde meanor; provided, however, that there shall be a minimum penalty of $250.00."
Section 3. An Act changing the age of majority in this state, approved March 10, 1972 (Ga. Laws 1972, p. 193), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 590), is hereby amended by adding at the end of Section 10 thereof the following:
"Nothing in this Act shall be construed to alter, amend, or supersede any other provisions of law relating to minimum age in connection with the sale, purchase, or possession of alcoholic beverages."
Section 4. An Act prohibiting persons from allowing persons under 18 years of age to serve, sell, or take orders for any alcoholic beverages and providing exceptions, approved March 5, 1976 (Ga. Laws 1976, p. 409), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. It shall be unlawful for any person to allow or require a person in his employment under 19 years of age to dispense, serve, sell, or take orders for any alcoholic beverage; provided, however, that the provisions of this section shall not prohibit persons under 19 years of age who are employed in supermarkets, convenience stores, or drug stores from handling alcoholic beverages which are sold for consump tion off the premises. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

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JOURNAL OF THE SENATE,

Section 5. 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 approved March 12, 1968 (Ga. Laws 1968, p. 287), is hereby amend ed by striking from Section 15 the following:
"to any minor,",
so that when so amended Section 15 shall read as follows:
"Section 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of. a misdemeanor, and upon conviction, shall be punished as for a misdemeanor."
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 the Act are hereby repealed.

Senator Scott of the 43rd offered the following amendment:

Amend the substitute to SB 285 offered by Senator Ballard of the 45th by adding on line 26 of Page 2 after the word "both" the following:
"; furthermore anyone convicted a second time under this section of the Act shall forfeit their licenses to sell or distribute alcoholic beverages for a period of five years."

On the adoption of the amendment offered by Senator Scott of the 43rd, the yeas were 31, nays 4, and the amendment to the substitute to SB 285 offered by Senator Ballard of the 45th was adopted.

On the adoption of the substitute to SB 285 offered by the Senate Committee on Consumer Affairs, Senator Hudgins of the 15th called for the yeas and nays. The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Brown of 47th
Carter

Cobb Coverdell Dean Eldridge English
Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill
Holloway

Horton Howard
Hudgins Hudson Johnson Kennedy Land Langford

THURSDAY, JANUARY 17, 1980

99

Littlefield McGill
Reynolds Riley Robinson Starr Stephens Summers

Sutton Tate
Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Allgood Ballard Brantley Broun of 46th Bryant

Evans Kidd Lester Overby Paulk

Russell Scott Stumbaugh Tysinger

Not voting was Senator Duncan.

On the adoption of the committee substitute, the yeas were 41, nays 14, and the committee substitute was adopted as amended.

The President ruled that since the substitute offered by the Senate Committee on Consumer Affairs was adopted, the substitute offered by Senator Ballard of the 45th became moot.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes
Bell Bond Brown of 47th Carter
Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene
Hill Holloway Horton Howard
Hudgins Hudson Johnson Kennedy Land Langford Littlefield

McGill Reynolds Riley
Robinson Starr Stephens Summers
Sutton Tate Thompson Timmons Turner Walker Wessels

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Brantley Broun of 46th Bryant Evans

Kidd Lester Overby Paulk

Russell Scott Stumbaugh Tysinger

Not voting was Senator Duncan.
On the passage of the bill, the yeas were 42, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Riley of the 1st moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 3:55 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, JANUARY 18, 1980

101

Senate Chamber, Atlanta, Georgia Friday, January 18, 1980

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was call ed to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:
The House adheres to 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 599. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a li censed physician who has been convicted of a felony in the courts of the United States.
The Speaker has appointed on the part of the House, Representatives Parham of the 109th, Rowland of the 119th and Baugh of the 108th.

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

HR 296. By Representative Savage of the 25th:
A resolution authorizing the acceptance and display of a certain portrait of former Governor Joe E. Brown.

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

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HB 610. By Representatives Collins of the 144th, Castleberry of the 111 th, Burruss of the 21 st and others:
A bill to amend Code Section 91A-2209, relating to taxation of railroad equipment companies, so as to provide for allocation and taxation of proper ty of such companies by local taxing jurisdictions.

HB 696. By Representative Johnson of the 74th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit so as to repeal the expense allowances for the judges of said circuit; to provide a salary supplement for the judges of said circuit.

HB 1109. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 72-2, relating to abatement of nuisances generally, so as to provide for a statement of purpose and intent; to change the provisions relating to manner of abatement; to change the provisions relating to restraint of a public nuisance.

HB 1110. By Representatives Snow of the 1st, Evans of the 84th, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, so as to provide for the redemption of shares at the option of the holder on or subsequent to a certain date.
HB 1111. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend Code Chapter 65-2, known as the "Cooperative Marketing Act", so as to provide for the filing of articles of incorporation with the Secretary of State.
HB 1114. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," so as to redefine the term "public sale".

HB 1115. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Title 103, relating to suretyship, so as to abolish the distinction between contracts of suretyship and guaranty.

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HB 1116. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal Code Chapter 111-1, relating to bonded public warehousemen; to repeal Code Section 111-9901, relating to unlawful disposition of goods deposited in bonded public warehouses.

HB 1117. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal certain specific Acts of the General Assembly which provid ed for additional compensation for sheriffs and other county officials in cer tain counties of this state as a result of national defense activities during World War II and certain periods thereafter.

HE! 1118. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 40-6 relating to the duties and powers of the Secretary of State, so as to provide that it shall be the duty of the Secretary of State to furnish copies of Acts and resolutions of the General Assembly to the Office of Legislative Counsel.

HB 1119. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal Code Chapter 35-7, relating to the Academy for the Blind; to repeal Code Chapter 35-8, relating to the Georgia School for the Deaf; to amend an Act relating to the abolition of the Board of Control and the Transfer of its functions to the State Board of Public Welfare.

HB 1120. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act known as the "Georgia Civil Practice Act," so as to change certain forms in order to comply with provisions of the Act and to make the forms contained in such Act more useful to the courts, members of the bar, and the citizens of Georgia.

HB 1121. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act providing for the registration of trade names, part nership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, so as to revise the provisions relating to the registration of such trade names, part nership names, or other names.

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HB 1112. By Representatives Snow of the 1st, Evans of the 84th, Davis of the 99th and others:
A bill to amend Code Section 24-2623, relating to appointment of a judge of the superior court to act when another judge is disqualified, so as to permit appointment of a judge from within the same ju licial circuit.

HB 1113. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend "The Georgia Justice Courts Training Council Act," so as to redefine the term "justice of the peace" to include small claims court judges who are not practicing attorneys.

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

SB 424. By Senators Howard of the 42nd, Greene of the 26th, Walker of the 19th and others:
A bill to amend an Act creating and establishing a Board of Funeral Service, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto, to restrict who may be employed as inspectors.
Referred to Committee on Governmental Operations.

SB 425. By Senators Howard of the 42nd, Kidd of the 25th and Greene of the 26th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change certain examination and fee requirements; to pro vide for fee refunds; to provide for additional requirements of certain per sons failing the examinations.
Referred to Committee on Human Resources.

SB 426. By Senators Greene of the 26th, Barnes of the 33rd and Kidd of the 25th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act", as amended, so as to exclude from the recording and reporting re quirements of the Act certain minimal contributions. Referred to Committee on Governmental Operations.

SB 427. By Senators Turner of the 8th, McGill of the 24th, Russell of the 10th and others:
A bill to amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code" so as to provide a penalty for the failure to display a mobile home location decal.
Referred to Committee on Industry, Labor and Tourism.

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SB 428. By Senator Brown of the 47th:
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. Referred to Committee on Governmental Operations.

SB 429. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend the "Georgia Meat Inspection Act", as amended, so as to provide for inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling.
Referred to Committee on Agriculture.

SB 430. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend an Act regulating the buying and selling of livestock and providing for licenses of livestock dealers by the probate court, as amended; to provide an effective date.
Referred to Committee on Agriculture.

SB 431. By Senators Land of the 16th, Robinson of the 27th, Cobb of the 28th and others:
A bill to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the govern ing authority or any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of educa tion, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times.
Referred to Committee on Governmental Operations.

SB 432. By Senator Holloway of the 12th:
A bill to amend Code Title 56, known as the "Georgia Insurance Code", so as to change certain provisions relative to a determination of the assets of an insurer; to authorize the Insurance Commissioner to approve methods of calculation of reserves; to authorize insurers to make deposits in certain financial institutions. Referred to Committee on Banking, Finance and Insurance.
The following bills and resolution of the House were read the first time and refer red to committees:

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HB 610. By Representatives Collins of the 144th, Castleberry of the 111 th, Burruss of the 21 st and others:
A bill to amend Code Section 91A-2209, relating to taxation of railroad equipment companies, so as to provide for allocation and taxation of proper ty of such companies by local taxing jurisdictions.
Referred to Committee on Banking, Finance and Insurance.

HB 696. By Representative Johnson of the 74th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit so as to repeal the expense allowances for the judges of said circuit; to provide a salary supplement for the judges of said circuit.
Referred to Committee on Judiciary.

HB 1109. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 72-2, relating to abatement of nuisances generally, so as to provide for a statement of purpose and intent; to change the provisions relating to manner of abatement; to change the provisions relating to restraint of a public nuisance.
Referred to Committee on Judiciary.

HB 1110. By Representatives Snow of the 1st, Evans of the 84th, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, so as to provide for the redemption of shares at the option of the holder on or subsequent to a certain date.
Referred to Committee on Judiciary.

HB 1111. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend Code Chapter 65-2, known as the "Cooperative Marketing Act", so as to provide for the filing of articles of incorporation with the Secretary of State.
Referred to Committee on Judiciary.

HB 1112. By Representatives Snow of the 1 st, Evans of the 84th, Davis of the 99th and others:
A bill to amend Code Section 24-2623, relating to appointment of a judge of the superior court to act when another judge is disqualified, so as to permit appointment of a judge from within the same judicial circuit.
Referred to Committee on Judiciary.

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HB 1113. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend "The Georgia Justice Courts Training Council Act," so as to redefine the term "justice of the peace" to include small claims court judges who are not practicing attorneys.
Referred to Committee on Judiciary.

HB 1114. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," so as to redefine the term "public sale". Referred to Committee on Judiciary.

HB 1115. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Title 103, relating to suretyship, so as to abolish the distinction between contracts of suretyship and guaranty. Referred to Committee on Special Judiciary.

HB 1116. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal Code Chapter 111-1, relating to bonded public warehousemen; to repeal Code Section 111-9901, relating to unlawful disposition of goods deposited in bonded public warehouses.
Referred to Committee on Special Judiciary.

HB 1117. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal certain specific Acts of the General Assembly which provid ed for additional compensation for sheriffs and other county officials in cer tain counties of this state as a result of national defense activities during World War II and certain periods thereafter.
Referred to Committee on Special Judiciary.

HB 1118. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 40-6 relating to the duties and powers of the Secretary of State, so as to provide that it shall be the duty of the Secretary of State to furnish copies of Acts and resolutions of the General Assembly to the Office of Legislative Counsel.
Referred to Committee on Governmental Operations.

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HB 1119. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal Code Chapter 35-7, relating to the Academy for the Blind; to repeal Code Chapter 35-8, relating to the Georgia School for the Deaf, to amend an Act relating to the abolition of the Board of Control and the transfer of its functions to the State Board of Public Welfare.
Referred to Committee on Governmental Operations.

HB 1120. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act known as the "Georgia Civil Practice Act," so as to change certain forms in order to comply with provisions of the Act and to make the forms contained in such Act more useful to the courts, members of the bar, and the citizens of Georgia.
Referred to Committee on Special Judiciary.

HB 1121. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act providing for the registration of trade names, part nership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, so as to revise the provisions relating to the registration of such trade names, part nership names, or other names.
Referred to Committee on Special Judiciary.

HR 296. By Representative Savage of the 25th:
A resolution authorizing the acceptance and display of a certain portrait of former Governor Joe E. Brown. Referred to Committee on Governmental Operations.

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

Mr. President:
Your Committee on Community Affairs has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 247. SR 248. SR 251.

Do pass as amended. Do pass. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

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Mr. President:

Your Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 359. SB 360. SB 361. SB 362. SB 363. SB 364. SB 365. SB 366. SB 367. SB 368. SB 369. SB 370. SB 371. SB 372. SB 374. SB 375. SB 376. SB 377. SB 378. SB 329. SB 330. SB 331. SB 332. SB 337. SB 346. SR 235.

Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

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

SB 339. By Senators Evans of the 37th, Riley of the 1st, Overby of the 49th and others:
A bill to authorize the governing authorities of the counties of this State to appropriate money for, and to make grants or contributions to any corpora tion, association, institution or individual for purely charitable purposes conducted within such county.

SR 95. By Senators Scott of the 43rd and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that antique automobiles shall con stitute a separate class from other motor vehicles and may be taxed on a basis other than ad valorem in such manner as the General Assembly shall determine; to provide for the submission of this amendment for ratification or rejection.

SR 245. By Senators Tate of the 38th, Johnson of the 34th, Bond of the 39th, Foster of the 50th and others:
A resolution to ratify the Equal Rights Amendment to the United States Con stitution.

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

SB 333. By Senator Kidd of the 25th:
A bill to amend an Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisi tion so as to change the amount of the fee; 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 45, nays 0.

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

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

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HI

SR 227. By Senators Land of the 16th and Hudgins of the 15th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide for other matters relative to the foregoing; to provide for 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:
"For each tax year beginning on or after January 1, 1981, the amount of each homestead exemption from ad valorem taxation ap plicable to the homestead of a resident of Muscogee County shall be the greater of the amount specified in this Constitution or the amount deter mined for the tax year as follows: (1) determine the amount of the exemp tion in effect for the immediately preceding tax year including any change authorized by amendment of this Constitution; (2) then multiply the amount determined in (1), above, by a percentage which is equal to 100 percent plus the percentage amount of increase or minus the percent age amount of decrease, as appropriate, in the county tax digest of real and personal property in the immediately preceding tax year over the amount of the county tax digest of real and personal property in the sec ond immediately preceding tax year. When any such percentage change is not a whole number percentage, the actual percentage change shall be rounded off to the next highest whole number percentage. The provisions of this paragraph shall not apply with respect to any exemption granted from taxes levied for state purposes."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
) YES Shall the Constitution be amended so as to provide for ) NO automatic changes of homestead exemptions granted in
Muscogee County for county and school purposes based upon changes in the county tax digest?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Those not voting were Senators:

Barnes Brown of 47th Bryant Coverdell

Evans Holloway Russell

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Tysinger Wessels
Timmons Turner Walker

On the adoption of the resolution, the yeas were 45, nays 0.

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

SR 230. By Senator Littlefield of the 6th:

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 Camden 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:

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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 Camden 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 $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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to increase the ( ) NO dollar amount of civil cases over which the justices of the peace in Camden County shall have jurisdiction from $200.00 to $2,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Carter Cobb Dean Eldridge

English Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson

Johnson Kennedy Kidd Land Langford Lester Littlef ield McGill Overby Paulk Reynolds

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Riley Robinson Scott Starr

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Stephens Stumbaugh Summers Sutton

Tate Thompson Tysinger Wessels

Those not voting were Senators:

Barnes Brown of 47th Bryant Coverdell

Evans Holloway Russell

Timmons Turner Walker

On the adoption of the resolution, the yeas were 45, nays 0.

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

SR 241. By Senator Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state; 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 III, Section VIII, Paragraph XII of the Constitution is hereby amended by adding immediately after the following:
"9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health in surance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons.",
the following:
"The Towns County Board of Education is hereby authorized to ex pend funds to pay all or part of the employer or employee contributions required by any health insurance plan for retired public school teachers provided by the general law of this state."
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.

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The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the Towns County Board of Education shall have the authority
( ) NO to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Carter Cobb Dean Eldridge
English Fincher of 52nd F'incher of 54th Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land
Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Tysinger Wessels

Those not voting were Senators:

Barnes Brown of 47th Bryant Coverdell

Evans Holloway Russell

Timmons Turner Walker

On the adoption of the resolution, the yeas were 45, nays 0.

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

SR 242. By Senators Riley of the 1 st and Wessels of the 2nd:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as "The Chatham Electric Utility Authority", an in stitution of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation, transmission, distribution, and sale of electric power and energy and to acquire, construct, and equip all property and things necessary or convenient for the purposes of such projects and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the Authority; to provide for the membership of the Authority; to authorize the Authority and certain political subdivi sions of the State to execute contracts for the use of such projects and facilities or the services thereof and enforce the performance thereof; to authorize the issuance of revenue bonds of the Authority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the Authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments relating to the Authority's prop erty to secure the payment of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and the interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to authorize the issuance of bond anticipation notes and provide for the payment and terms thereof; to fix the venue and jurisdiction of actions relating to any provisions of this Amendment; to provide that this Amendment shall be liberally construed; to provide that no enabling legislation shall be necessary; to provide an effec tive date for this Amendment; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"1. The Chatham Electric Utility Authority Created. There is hereby created a public body corporate and politic to be known as 'The Chatham Electric Utility Authority' which shall be a public corporation of the State of Georgia, and shall have perpetual existence. Said Author ity, however, shall not be a State institution nor a department or agency of the State, but shall be an instrumentality of the State, a mere creature

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of the State, having distinct corporate entity and being exempt from the provisions of the Georgia State Financing and Investment Commission Act (Ga. Laws 1973, p. 750), codified in Ga. Code Ann., Ch. 87-1A. Said Authority shall have its principal office in Chatham County, and its legal situs or residence shall be Chatham County.
2. Purpose. The purpose of the Authority shall be to acquire or con struct or to acquire and construct and to operate and maintain or cause to be constructed, operated, and maintained electric generation, transmission, and distribution facilities, and to take all other necessary or desirable action, in order to provide or make available an adequate, dependable, and economic supply of electric power and energy and related services for the benefit of the citizens and taxpayers of Chatham County.
3. Members, (a) Appointment. The Authority shall consist of eight members, who shall be eligible to succeed themselves for one term. All members who shall be residents of Chatham County at the time of their appointment shall be appointed by the Board of Commissioners of Chatham County. The members of the board of commissioners shall be eligible to be appointed to and to serve as members of said Authority. The members of the Authority shall hold office for terms of four years and un til their successors shall be appointed, provided, however, that the original terms of four of the members appointed to the Authority shall be for two years. Any vacancy on the Authority shall be filled for the unexpired term by the body which appointed the member whose position has become vacant. The removal of residence of a member from the county from which he was appointed shall create a vacancy in the term of such member. Immediately after their appointment, the members of the Authority shall enter upon their duties.
(b) Time of Appointment. On or before the sixtieth day following the effective date of this Amendment, the Board of Commissioners of Chatham County shall appoint the members of the Authority under the provisions of this Amendment.
(c) Meetings of Authority. As soon as practicable following the ap pointment of the members of the Authority, the Chairman of the Board of Commissioners of Chatham County shall call an organizational meeting of the Authority, at which time the Authority shall elect officers, decide upon a place, date, and hour for its next meeting or meetings, and shall proceed with the transaction of such business as may come before the Authority. The Chatham County Commissioners shall provide whatever space, personnel, furniture, etc. required by the Authority until such time the Authority is self-supporting.
(d) Terms of Office. All terms of office shall begin with the first meeting of the Authority and shall extend through the annual meeting of the Authority held at, or nearest to, the expiration of the number of years for which the member was appointed and until his successor shall be ap pointed and shall enter upon the performance of his duties.

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(e) Annual Meeting. The annual meeting of the Authority shall be held on the anniversary date of the first meeting of the Authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the Authority. Any such date so fixed, however, shall be in reasonable proximity to the anniversary date of such first meeting.
(f) Officers. The Authority shall elect one of its members as Chair man and one as Vice-Chairman and shall elect a Secretary-Treasurer and an Assistant Secretary-Treasurer, each of whom shall be elected from the membership of the Authority. Such officers shall serve for such terms as shall be prescribed by resolution of the Authority or until their successors are elected and qualified.
(g) Majority. At all meetings of the Authority, the presence in person of a majority of the members in office shall be necessary for the transac tion of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the Authority. No vacancy in the membership of the Authority shall impair the right of such majority to exercise all the rights and perform all the duties of the Authority. If at any meeting there is less than a majority present, a ma jority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with the provisions of Section 3(i) hereof, provided, however, that if the time ele ment of said Section 3(i) cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practical.
(h) Special Meetings. Special meetings of the Authority may be called by resolution of the Authority or by the Chairman or Vice-Chairman or by no less than three members of the Authority.
(i) Notice of Meetings. Written notice of all meetings shall be delivered to each member of the Authority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days in the case of special meetings.
(j) Waiver of Notice. Notice of a meeting of the Authority need not be given to any member who signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place or time of the meeting or to the manner in which it has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transaction of business. Neither the business to be transacted at nor the purpose of any regular or special meeting of the Authority need be specified in the notice or waiver of notice of such meetings.
(k) Other Meetings. In addition to the annual meeting of the Authori ty, regular meetings of the Authority, may be established by resolution of the Authority, and no notice, other than notice of the adoption of such resolution to any member of the Authority who was absent when it was adopted, shall be required for such meeting, except for the notice re quired by the provisions of Section 3(i) hereof.

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(1) Compensation. The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and may retain, employ, and engage all necessary staff and personnel, including professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require, and any one or more of such persons so engaged may be designated as one or more additional Assistant Secretary-Treasurers of the Authority and may be given the duties of keeping the books, records, and minutes of the Authority and of giving all notices required by the provisions hereof, and, in the absence of or in lieu of the SecretaryTreasurer, of performing all other functions of the Secretary-Treasurer. Officers designated by the Authority pursuant to the provisions of this Section 3(1) shall serve at the pleasure of the Authority.
(m) Hooks and Records. The Authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind.
4. Definitions. As used in this Act, the following words shall have the following meanings unless the context clearly indicates otherwise.
(a) 'Authority' shall mean the Chatham Electric Utility Authority hereby created and any successor or successors thereto. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obliga tions of any contracts existing under this Act.
(b) 'Project,' 'undertaking,' and 'facility' or 'facilities' may be used interchangeably and shall mean electric generation, transmission, and distribution lands and works and all property, real and personal, of every kind and nature material or pertinent thereto or necessary therefor which may be used or useful in the development of electric power and energy to all those served by or contracting therefor with the Authority and may include a divided or undivided interest in any electric generation, transmission, or distribution facility in which the Authority shall par ticipate as an owner in common with others.
(c) 'Cost of project' or 'cost of construction' shall mean all costs of construction; all costs of real and personal property required for the pur poses of such project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and the preparation of applications therefor, all machinery and equipment, including equip ment for use in connection with such construction, and initial fuel supply acquired for such project; 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 incidental to deter mining the feasibility or practicability of the project; administrative ex-

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penses and such other expenses as may be necessary or incidental to the financing herein authorized. All funds loaned to the Authority by any lender prior to the issuance of any of the Authority's bonds or notes may be refunded to such lender out of the proceeds of any bonds or notes so issued. The costs of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, a fuel reserve, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provision of this Amendment for such project.
(d) 'Bonds' or 'revenue bonds' as used in this Amendment shall mean any bonds issued by the Authority under the provisions of this Amend ment, including refunding bonds.
(e) 'Bond anticipation notes' or 'notes' shall mean short-term obliga tions issued after validation of bonds and in anticipation of the issuance of the bonds as validated.
5. Exemption from Taxation. The exercise of the powers conferred upon the Authority hereunder shall constitute an essential governmental function for a public purpose, and the Authority is an institution of pure ly public charity and shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of facilities constructed or ac quired by it or any rates, fees, rentals, or other charges for the use of such facilities or other income received by the Authority. All revenue bonds and other evidences of indebtedness issued under the provisions hereof are declared to be issued for an essential public and governmental pur pose and the said bonds and the income thereof shall be exempt from all taxation within the State.
6. Powers. The Authority shall have all the powers necessary or con venient to carry out and effectuate the purpose and provisions of this Amendment, including, but without limiting the generality of the forego ing, the power:
(a) Litigation. To sue and be sued in contract and in tort and to com plain and defend in all courts of law and equity;
(b) Seal. To adopt and alter a corporate seal;

(c) 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 exercise of the power of eminent domain in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of the Special Master

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Act of 1957 (Ga. Laws 1957, p. 387), as amended, codified in Ga. Code Ann., Ch. 36-6A, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes 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 Authority and the purposes thereof. The powers to acquire, use, and dispose of property herein contained shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the Authority, however, shall be held by the Authority exclusively for the benefit of the public. The Authority shall be under no obligation to ac cept and pay for any property condemned under this Amendment except from the funds provided under the authority of this Amendment, and, in any proceedings to condemn, such orders may be made by the court hav ing jurisdiction of the action as may be just to the Authority and to the owners of the property to be condemned. If the Authority shall deem it expedient to construct any project on lands which are subject to the con trol of the State or of any political subdivision or public corporation of the State, the Governor, in the case of the State, or the governing authorities of such political subdivisions or such public corporations are hereby authorized to convey such lands to the Authority for such con sideration, not exceeding reasonable value, as may be agreed upon by the Authority, as grantee, and by the Governor or by the governing body of such political subdivision or by such public corporation, as grantor, tak ing into consideration the public benefit to be derived from such con veyance;
(d) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and construction ex perts, fiscal agents, and attorneys, and fix their compensation;

(e) Electric Power. To acquire, by purchase or otherwise, in whole or in part, as aforesaid, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all (or of any part in common with others) or as agent, electric generation, transmis
sion, and distribution lands, works, facilities, and projects; to provide, by sale or otherwise, an adequate, dependable, and economic electric power supply to members of the public in Chatham County and to political sub divisions of the State of Georgia which are located in Chatham County and, as agent for such political subdivisions, to secure power supply con tracts and arrangements with other persons. The Authority shall also have the power, which may be exercised either as principal or agent, to manufacture, generate, store, transmit, distribute, and sell electric cur rent for light, heat, power, and energy; to manufacture, buy, sell, import, export, lease, or otherwise acquire and generally deal in electrical ap paratus of all kinds and devices and nuclear or fossil fuels for the manufacture, generation, storage, transmission, and distribution of elec tric current for light, heat, power, and energy; to purchase power at

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retail or wholesale from any other person; and to purchase or construct part of the capacity of generation, transmission, or distribution projects sponsored and owned by or in common with others, making any such purchase at wholesale or retail within or without the State of Georgia; to contract for the purchase of power and energy from, or the sale of power and energy to, the United States of America and electric utility systems either privately or publicly owned, within or without the State of Georgia; to execute long- or short-term power purchase or sale contracts on terms which may include agreements with respect to resale rates and the disposition of revenues; to interchange, exchange, and purchase power and energy from any person; to erect, buy, lease, or otherwise ac quire, operate, and maintain electric lighting, heating, and power pro jects; to generate, transmit, distribute, and sell power both for itself and on behalf of others; to erect, buy, sell, lease, or otherwise acquire, main tain, and operate or cause to be maintained and operated, plants, underground subways, conduits, poles, and wires above, upon, and under the streets, alleys, lands, and territories of political subdivisions, public or private corporations, or individuals, and to sell electric power to those political subdivisions and members of the public to which the Authority is authorized to supply electric power in accordance with the first sentence of this subsection (e) and, as agent for any or all of the same, to make power and energy otherwise available to them through ar rangements with other persons, all in the exercise of the powers of the Authority and to effectuate the purposes of this Act;
(f) Contracts. To contract with the State of Georgia and its agencies, instrumentalities, departments, and with those political subdivisions of the State to which the Authority is authorized to supply electric power as aforesaid and with private persons and corporations for construction of projects which contracts for construction may be made either as sole owner of the project or as owner in common with other public or private persons, of any divided or undivided interest therein;
(g) Agreements Relating to Construction, Operation, and Maintenance. To exercise any one or more of the powers, rights, and privileges conferred hereby either alone or jointly or in common with one or more other parties or utilities, public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of electric generation, transmission, or distribution facilities, the Authority may own an undivided interest in such facilities with any other party or par ties, public or private. The Authority may enter into an agreement or agreements with respect to any such electric generation, transmission, or distribution facility with the other party or parties participating therein, and any such agreement may contain such terms, conditions, and provi sions consistent with the provisions of this Amendment as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such electric generation, transmission, or distribution facility by any one or more of the parties to such agreement which party or parties shall be designated in or pursuant to such agree ment as agent or agents on behalf of itself and one or more of the other parties thereto or by such other means as may be determined by the parties thereto, and may include provisions for a method or methods of

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determining and allocating, among or between the parties, costs of con struction, operation, maintenance, renewals, replacements, im provements, and disposals with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the Authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the Authority without further action or approval by the Authority;
(h) 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 grants from the United States of America or the State of Georgia or any agency, depart ment, authority, or instrumentality of either upon such terms and condi tions as the United States of America, the State of Georgia, or such agen cy, department, authority, or instrumentality shall impose, and to ad minister trusts, and to sell, lease, transfer, convey, appropriate, and pledge, any and all of its property and assets;
(i) Investment. To invest any accumulation of its funds and any sink ing fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds and notes;
(j) General. To do any and all things necessary or proper for the ac complishment of the objectives of this Amendment and any amendments hereto and to exercise any power usually possessed by private corpora tions performing similar functions which is not in conflict with the Con stitution and laws of this State, including employment of professional and administrative staff and personnel and retaining of legal, engineer ing, 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;
(k) Revenue Bonds. To issue its revenue bonds as hereinafter provided in evidence of indebtedness incurred with respect to the powers above described payable from the revenues, receipts, and earnings of the proj ects of the Authority and other available funds thereof, to execute trust agreements or indentures; to sell, convey, pledge, and assign any and all

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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, and to encumber any property, real or personal, of the Authority and to execute any security agreement contain ing any provisions not in conflict with law, which security agreement may provide for foreclosure or forced sale of any property of the Author ity upon default on such obligation either in payment of principal or in terest or in the performance of any term or condition contained in such agreement, and the Authority hereby waives any right it may have to pre vent the forced sale or foreclosure of any property of the Authority so en cumbered, and any such encumbrance may be foreclosed in accordance with law and the terms thereof.
7. Issuance of Revenue Bonds, (a) Procedure for Authorization of Bonds. The acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project, and the is suance, in anticipation of the collection of the revenues from such proj ect, of bonds to provide funds to pay the cost thereof, may be authorized under this Act by resolution or resolutions of the Authority. Unless other wise provided therein, such resolution or resolutions shall take effect im mediately and need not be laid over or publjshed or posted. The Authori ty in determining such cost may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses, and interest which it is estimated will accrue during the con struction period and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation on money borrowed or which it is estimated will be borrowed pursuant to this Act, and all costs included in the definition of 'cost of project* as herein defined. Such bonds may also be issued to pay off, re fund, or refinance any outstanding bonds or other obligation of any nature owned by the Authority, whether or not such bonds or other obligations shall then be subject to redemption, and the Authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced.
(b) Bond Provisions. Revenue bonds may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 50 years from their respective dates; may be payable at such time or times, in such medium of payment, and at such place or places; may be in such denomination or denominations; may be in such form, either coupon or fully registered without coupons; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority, and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any inden ture or trust agreement may provide. The Authority may sell such bonds in such manner, at such price or prices, and upon such terms and condi tions as shall be determined by the Authority. The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the Authority shall be fixed by the Authority and any limitations with respect to interest rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, codified in Ga. Code Ann., Ch. 87-8, or the usury laws of the State of Georgia shall not apply to obligations issued under this Act.

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(c) Execution of Bonds. The bonds shall be signed by the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the Secretary-Treasurer of the Authority. The coupons shall be signed with the facsimile signature of such officer as may be designated by the Authority. The signatures of the officers of the Author ity and the seal of the Authority upon any bond, note, or other debt secur ity issued by the Authority may be by facsimile if the instrument is authenticated or countersigned by a trustee other than the Authority itself or an officer of employee of the Authority. All bonds or notes issued under authority of this Act bearing signatures or facsimiles of the signatures of officers of the Authority in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof and payment therefor such officers whose signatures ap pear thereon shall have ceased to be officers of the Authority. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the Authority may determine, may be issued to the purchaser or purchasers of bonds to be issued under this Act.
(d) Covenants in Resolution. Any bond resolution authorizing the is suance of bonds and any indenture or trust agreement entered into under this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project may contain covenants, as to:
(1) The rates, fees, tolls, or charges to be charged for the services, facilities, and commodities of said project;
(2) The use and disposition of the revenue to be derived from said project;
(3) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof, including debt service reserve, renewal and replacement or other capital improvement reserve, reserves for the acquisition of fuel, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by the bond resolution or trust agreement or inden ture pursuant to which the issuance of such bonds may be authorized.

(4) The purpose or purposes to which the proceeds of the sale of said bonds may be applied, and the use and disposition of such proceeds;
(5) Events of default and the rights and liabilities thereupon, the terms and conditions upon which bonds issued under this Amendment shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived;
(6) The issuance of other or additional bonds or instruments payable from or a charge against the revenue of such project;
(7) The insurance to be carried thereon, and the use and disposition of insurance proceeds;

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(8) Books of account and the inspection and audit thereof;
(9) Limitations or restrictions as to the leasing or otherwise disposing of the project while any of the bonds or interest thereon remain outstand ing and unpaid; and
(10) The operation and maintenance of the project and of the Authority.
(e) Amendment Constitutes a Contract. The provisions of this Amendment and of any such bond resolution, indenture, or trust agree ment shall constitute a contract with every holder of said bonds, and the duties of the Authority under this Amendment and under any such bond resolution, indenture, or trust agreement shall be enforceable by any bond holder by mandamus or other appropriate suit, action, or pro ceeding at law or in equity.
(f) Notice to District Attorney. The Authority shall give notice to the district attorney of the Eastern Judicial Circuit of Georgia of its intention to issue its revenue bonds, setting forth service of such notice, the prin cipal amount of bonds to be issued, the purpose for which the same are issued, the interest rate or rates which such bonds are to bear, the amount of principal to be paid in each year during the life of the bonds, the date by which all bonds are to be paid in full, and the security to be pledged to the payment of said bonds; provided, however, that said notice, in the discretion of the Authority, in lieu of specifying the rate or rates of in terest which said bonds are to bear, may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in the notice or that, in the event the bonds or any series thereof are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate specified in the notice, provided, further, however, that nothing contained herein shall be con strued as prohibiting or restricting the right of the Authority to sell said bonds at a discount, even if in so doing the effective interest cost resulting therefrom will exceed the maximum per annum interest rate specified in the notice to the district attorney. Such notice, signed by the Chairman, Vice-Chairman, or Secretary-Treasurer, shall be served upon the district attorney of the Eastern Judicial Circuit.
(g) District Attorney to File Suit, Notice of Hearing, Trial of Case, Judgment, Appeal. Within 20 days from the date of service of the re quired notice, the district attorney shall prepare and file in the office of the Clerk of the Superior Court of Chatham County a complaint directed to the Chatham Superior Court in the name of the State, and against the Authority, setting forth service of such notice, the amount of the bonds to be issued, for what purpose to be issued, what interest rate or rates they are to bear, or the maximum rate or rates of interest, how much principal and interest is to be paid annually, and the date by which all bonds are to be paid in full and shall obtain from the judge of the said court an order requiring the Authority by its proper officers to appear at such time and place within 20 days from the filing of the complaint, as the judge may direct, and show cause, if any exists, why the bonds should not be con firmed and validated. Such complaint and order shall be served upon the Authority in the manner provided by law, and to such complaint the

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Authority shall make sworn answer at or before the date set in said order for said hearing.
(h) Notice of Hearing. Prior to the hearing of said cause, the Clerk of the Superior Court of Chatham County shall publish in the newspaper in which sheriff's advertisements for said county are published once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of said cause the same will be heard.
(i) Trial of Case, Parties, Judgment, Appeal. Within the time prescribed in the order, or such further time as may be fixed by the court, the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause, and shall render judgment thereon. Any citizen of this State may become a party to said proceedings at or before the time set for the hearing, and any party thereto dissatisfied with the judgment of the court confirming and validating the issuance of said bonds, or refusing to confirm and validate the issuance of said bonds, and the security therefor may appeal from said judgment under the pro cedure provided by law as codified in Ga. Code Ann., Ch. 6-8. No appeal may be taken by any person who was not a party at the time the judg ment appealed from was rendered.
(j) Judgment Conclusive. In the event no appeal is filed within 30 days of the date of the judgment of validation, or, if filed, the judgment shall be affirmed on appeal, the judgment of the superior court, so con firming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor.
(k) Validation Certificate. Bonds, when issued under the provisions of this Amendment, shall have endorsed thereon a certificate of valida tion bearing the facsimile or manually executed signature of the Clerk of the Chatham County Superior Court stating the date on which said bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State.

(I) Costs. The Authority shall reimburse the district attorney; for his actual costs in said case, if any. The fees payable to the Clerk of the Chatham County Superior Court for validation and confirmation shall be as follows:

For every $5,000 in principal amount of bonds or portion thereof: First $500,000
$501,000--$2,500,000 All over $2,500,000

$1-00 -25 -10

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(m) Validation. Except as otherwise provided in this Amendment, all revenue bonds issued by the Authority shall be issued and validated under and in accordance with the Revenue Bond Law of the State of Georgia, as heretofore and hereafter amended, codified in Ga. Code Ann.,Ch. 87-8.
(n) Civil Claims and Suits. Any other provisions of law to the con trary notwithstanding, the provisions of this Amendment shall govern all civil claims, suits, proceedings, and actions respecting debt of the Authority evidenced by such bonds.
8. Validation of Contracts. When payments required to be made by any political subdivisions authorized by the provisions of this Amend ment to contract with the Authority are pledged as security for the pay ment of bonds sought to be validated, the petition for validation shall make party defendant the said Authority and shall also make parties defendant to such action every political subdivision which has con tracted with said Authority for the use of the facilities, commodities, and services of the project for which bonds shall be sought to be validated and issued. Also, every other party, public or private, contracting with the Authority in any manner with relation to the operation of such project, and particularly with relation to any common ownership of such project or to the supplying of electric energy to the Authority or the taking or purchase of electric energy from the project, shall be made parties defen dant, and all such parties defendant shall be served and 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 determined and the matters and conditions imposed on the parties to such contract or contracts and all such under takings thereunder adjudicated to be valid and binding on the parties thereto. Notice of such proceedings shall be included in the notice of validation hearing heretofore required to be issued and published by the Clerk of the Chatham Superior Court and, in addition to such notice heretofore required to be published in Chatham County, such notice shall also be published in the newspaper in which sheriff's advertisments are published once a week during each of the two successive weeks im mediately preceding the week of the hearing in each county in which any portion of any such defendant political subdivisions shall lie. Any citizen resident of this State may intervene in the validation proceedings which shall be conducted in the Chatham Superior Court, as aforesaid, at or before the time set for the validation hearing and assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of any political subdivision and of all citizens, residents, and property owners of the State. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. An adjudication as to the validity of any such contract unexcepted to within 30 days of the date of the judgment of validation or, if an appeal is filed, which shall be confirmed on appeal, shall be forever conclusive and binding upon such political subdivisions and the resident citizens and property owners of this State.
9. Further Provisions of Bonds, (a) Destroyed Bonds. If any bond becomes mutilated or is lost, stolen, or destroyed, the Authority may ex ecute and deliver a new bond of like date of issue, maturity date, prin-

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cipal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed which new bond shall have attached thereto coupons corresponding in all respects to those, if any, on the bond mutilated, lost, stolen, or destroyed, provided that (1) in the case of any such mutilated bond, such bond together with all unmatured coupons appertaining thereto is first surrendered to said Authority, (2) in the case of any such lost, stolen, or destroyed bond, there is first furnished evidence of such loss, theft, or destruction satisfactory to said Authority together with in demnity satisfactory to said Authority, (3) all other reasonable re quirements of the Authority are compiled with, and (4) expenses in con nection with such transaction are paid. In the event any coupon is mutilated, lost, stolen, or destroyed, said Authority may issue a duplicate coupon upon the same terms and conditions as those provided for the replacement of mutilated, lost, stolen, or destroyed bonds. Any bond or coupon surrendered for exchange shall be cancelled. The Authority shall be authorized to print the new bond with the validation certificate bear ing the facsimile signature of the clerk of the superior court then in office and such certificate shall have the same force and effect as in the first in stance. All responsibility with respect to the issuance of any such new bonds shall be on the Authority and not on said clerk, and said clerk shall have no liability in the event an over-issuance occurs.
(b) Interest. Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment at which time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding.
(c) Cancellation. Unless otherwise directed by the Authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked 'cancelled' and, upon delivery by the paying agent making payment thereof to the Authority, the same shall be destroyed and a certificate of destruction shall be filed in the records of the Authority.
(d) Records. The fiscal officer of the Authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, destruction, and every other relevant transaction.
(e) Paying Agent. The Authority may appoint one or more paying agents for each issue or series of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. The Authority may make such provisions respecting paying agents as it deems necessary or useful and may enter into a contract with any paying agents containing such terms and conditions in regard to the paying agents as it deems necessary or useful.
(f) Audits. The Authority and all funds established in connection with its debt shall be audited no less frequently than annually by an in dependent certified public accountant to be selected by the Authority.

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Copies of such audit shall be available upon request to interested parties including specifically, but without limitation, the holders of the Author ity's bonds and all parties contracting with the Authority.
10. Rates and Charges. The Authority shall not operate or construct any project for profit except insofar as any such profit will inure to the benefit of the public. It shall fix rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in amounts sufficient, together with all other funds of the Authority, to pay principal and interest on bonds and obligations of the Authority, to provide for maintenance and operation of the Authority and of its project or projects, and to maintain such reserves as shall have been created in amounts suffi cient in the judgment of the Authority for the security of its bonds and for the improvement, replacement, or expansion of the facilities or services of the Authority or to provide fuel for its generating projects.
11. Immunity from Liability, (a) 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.
(b) Credit Not Pledged. Neither the revenue bonds nor notes issued under provisions of this Act shall constitute a debt or a loan or pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, other than the Authority, but such bonds and notes shall be payable from the revenues of the Authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds or notes. The issuance of such bonds or notes shall not obligate the State or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or note or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any political subdivision thereof, other than the Authority, nor shall any such bond or note constitute a charge, lien or en cumbrance, legal or equitable, upon any such property.
(c) Recital. All such bonds and notes shall contain on their face a recital setting forth the complete immunity of the State and any such political subdivisions from liability thereon which recital shall contain substantially the foregoing provisions of this Section.
12. Right to Receivership Upon Default, (a) Receiver. In the event that the Authority shall default in the payment of the principal or interest on any of the revenue bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of 30 days, or in the event that the Authority or the officers, agents, or employees thereof shall fail or refuse to comply with the essen tial provisions of this Amendment or shall default in any .material respect in any agreement made with the holders of the revenue bonds, any holders of revenue bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to the Chatham Superior Court for the appointment of a receiver of the undertaking, whether or not all revenue bonds have been declared due and payable and whether or not such holder or trustee therefor is seeking or has sought to enforce any

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other right or exercise any remedy in connection with such revenue bonds. Upon such application, the superior court, if it deems such action necessary for the protection of the bondholders, may appoint and, if the application is made by the holders of 25 percent in principal amount of such revenue bonds then outstanding or any trustee for holders of such revenue bonds in such principal amount, shall appoint a receiver for the undertaking.
(b) Duties of Receiver. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the project or of such portion thereof or interest therein as is owned by the Authority and, if the court so directs, may exclude the Authority, its officers, agents, and employees and all persons claiming under them wholly therefrom and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and, in the name of the Authority or otherwise, as the receiver may deem best, shall exer cise all the rights and powers of the Authority with respect to the under taking as the Authority itself might do. Such receiver shall maintain, restore, insure, and keep insured the project or such portion or interest therein as is owned by the Authority and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient and shall establish and maintain rates and collect such fees, tolls, and other charges in connection with the project as such receiver may deem necessary or proper and reasonable and shall collect and receive all revenues and shall deposit the same in a separate account and apply such revenues so collected and received in such manner as the court shall direct; provided, however, that the foregoing duties of the receiver so ap pointed shall be performed in a manner consistent with any and all ex isting contractual arrangements to which the Authority may be a party, and the powers of the receiver shall be no greater than the powers of the Authority.
(c) Termination of Receivership. Whenever all that is due upon the revenue bonds, and interest thereon, and upon any other notes, bonds, or other obligations, and interest thereon, having a charge, lien, or en cumbrance on the revenues of the project under any of the terms of any covenants or agreements with holders of revenue bonds shall have been cured and made good and it shall appear to the court that no default is imminent, the court shall direct the receiver to surrender possession of the project to the Authority, and the same right of the holders of the revenue bonds to secure the appointment of a receiver shall exist upon any subsequent default as hereinabove provided.
(d) Court's Jurisdiction. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
13. Negotiability. Every evidence of indebtedness issued under the provisions of this Act shall have all the rights and incidences of

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negotiable instruments, subject to provisions for registration, anything in law to the contrary notwithstanding.
14. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment com panies, and other persons carrying on a banking business, all ad ministrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which deposit of the bonds or other obligations of this State is now or may hereafter be authorized.
15. Contracts for Use of Projects. Said Authority may contract with any political subdivision located in Chatham and Effingham counties for the payment by such political subdivision of rates, tolls, fees, and charges, as may be prescribed by the Authority for the use by such political subdivisions or the residents thereof of the services and facilities of the project or projects and facilities of the Authority, and any such political subdivision shall have and hereby is given the right and power by resolution of its governing body to make such contract, and the amounts contracted to be paid by such political subdivision to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any such political subdivision which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivi sion may obligate itself and its successors to use only such project and none other.

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16. Revenue, (a) Rates. For the purpose of earning sufficient revenue to make possible the financing of the acquisition and construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and empowered to fix and revise rates and collect fees, tolls, and charges on each project which it shall cause to be acquired or con structed. Such rates, fees, tolls, and charges to be paid for the use of the facilities or services of such project or projects shall be so fixed and ad justed from time to time as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Authority:
(1) To pay the costs of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs, reserves for fuel and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such costs shall be otherwise provided for; the cost of operating and conducting the business of the Authority, including salaries, fees for professional services, including legal, engineering, and others, and all expenses properly relating to the conduct of the affairs of the Authority; the cost of power, whether generated by the Authority or acquired from others, and all other costs associated with the operation of the Authority and its projects and facilities;

(2) To pay the principal of and interest on such revenue bonds, as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, which costs shall include all elements of cost authorized by the provisions of this Amendment, including acquisition of property, real and personal, and any interest in property, clearing and preparing land for the purposes hereof, architectural, engineering, financial, and legal services, construction of projects authorized hereby, administrative ex penses, funds for initiating the operation of the project, and interest prior to and during construction and during such period of time thereafter as may be reasonably determined by the Authority to be necessary to place the project in operation;
(3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;
(4) To perform fully all provisions of such resolution and trust agree ment or indenture relating to the issuance of or security for such bonds to the payment of which such revenue is pledged;
(5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; and
(6) To pay any expenses in connection with such bond issue or such project or projects including, but not limited to, trustees and fiscal fees.

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(b) Payment of Charges. Such rates, fees, tolls, and charges shall be payable at such intervals as may be agreed upon and set forth in the con tract providing therefor and any such contract may provide for the com mencement of payments, not necessarily based directly on rates, to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the making of payments during such times as such project or projects may be partially or wholly not in use and whether or not the project has been completed, is then operable, or is operating, and may provide that such payments shall not be subject to any reduction whether by offset or otherwise and shall not be condi tioned upon the performance or nonperformance by any party of any agreement.
(c) Indemnity. Such contract may obligate such political subdivision to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the project and to undertake, at the expense of the political subdivision or corporation, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the project.
(d) Enforcement of Performance. In the event of any failure or refusal on the part of such political subdivision to perform punctually any covenant or obligation contained in any such contract, the Authority may enforce performance by any legal or equitable process, including specific performance.
(e) Assignment to Trustee. The Authority shall be permitted to assign any payments due to or become due to the Authority pursuant to any such contract, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the is suance of and security for such bonds.
(f) Use of Revenue. The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the is suance of such bonds or the trust agreement or indenture, if any, securing the same.
17. Pledge of Revenues. All or any part of the gross or net revenues and earnings derived from any particular project or projects and any and all revenues and earnings received by the Authority, regardless of whether or not such revenues and earnings were produced by a par ticular project for which bonds have been issued, may be pledged by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent or registrar for such bonds, and (4) any premium

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upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument of indenture securing the payment of the same.
18. Trust Agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust com pany or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the Authority and any proceeds which may be derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, tolls, charges, or revenues for the use of the services or facilities of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and trust agree ment or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds of the Authority, including any proceeds derived from the disposi tion of any real or personal property of the Authority or proceeds of in surance carried thereon, and covenants providing for the operation, maintenance, repair, and insurance of the project and may contain pro visions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
19. Proceeds of Bonds. Proceeds of the bonds issued under the authority of this Amendment shall be used solely for the payment of the costs of the project or combined projects, and shall be disbursed upon re quisition or order of such person and under such restrictions as the resolution authorizing the issuance of such bonds or the trust agreement or indenture may provide. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest of such bonds. In the discretion of the Authority, revenue bonds of a single issue or series may be issued for the purpose of paying the cost of any one or more projects, including a combination of projects.

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20. Bond Anticipation Notes. The Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated, to issue, from time to time, its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuam e of new notes whether the notes to be renewed have or have not matui id. The Authority may issue notes only to provide funds which would otherwise be provided by the is suance of the bonds as validated. The notes may be authorized, sold, ex ecuted, and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. All notes shall be general obligations of the Authority payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding, pro vided, however, that there may be specially pledged to the payment of such notes the proceeds to be derived from the issuance of the validated bonds in anticipation of the issuance of which notes shall have been issued. Validation of such bonds shall be a condition precedent to the is suance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
21. Trust Funds. All funds received pursuant to authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, fees, tolls, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as pro vided in this Act, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided in any such resolution, trust agreement, or indenture of the Authority.
22. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Chatham County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act and of the contracts constituting the security for bonds shall be brought in said court which shall have ex clusive original jurisdiction of such action, provided, however, that any action on any contractual obligation brought against the Authority by any political subdivision contracting with the Authority may be brought in the county containing all or the largest part of the area of the political subdivision involved or in Chatham County at the option of the party bringing the action.
23. Open Meetings. Meetings of the Authority shall be subject to the provisions of Ga. Laws 1972, p. 577, codified in Ga. Code Ann., Ch. 40-33, and to the provisions of Ga. Laws 1959, p. 88, codified in Ga. Code Ann., Ch. 40-27.

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24. Public Service Commission, No Jurisdiction. The rates, services, and practices relating to the generation, transmission, distribution, and sale by the Authority of power to be generated from the projects authorized by this Act shall not be subject to the jurisdiction of the Georgia Public Service Commission nor to regulation by the Georgia Public Service Commission.
25. Construction. This Amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding any other provision of this Constitution to the contrary, and this Amendment and any law enacted with reference to the Authori ty shall be liberally construed for the accomplishment of its purposes.
26. Effective Date. This Amendment shall be effective immediately upon proclamation of its ratification by the Governor.
27. General Assembly. This Amendment is self-enacting 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. 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 Chatham County 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, Paragraph I of the Constitution of Georgia 1976.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to create The Chatham Electric Utility Authority and to provide for
( ) NO powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and validation and the effect thereof?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.

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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 Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Tysinger Wessels

Those not voting were Senators:

Barnes Brown of 47th Bryant Coverdell

Evans Holloway Russell

Timmons Turner Walker

On the adoption of the resolution, the yeas were 45, nays 0.

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

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

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Carter Cobb Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land

Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh

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139

Summers Sutton

Tate Thompson

Those not answering were Senators:

Barnes Brown of 47th Bryant Coverdell

Evans Holloway Russell

Tysinger Wessels
Timmons Turner Walker

Senator Scott of the 43rd introduced the chaplain of the day, Reverend Clyde Smith, pastor of Cedar Grove United Methodist Church, Conley, DeKalbr County, Georgia, who offered Scripture reading and prayer.

The President announced to the Senate that Senator Ebb Duncan of the 30th District had passed away last night. The President then eulogized the late Senator, describing their long friendship and listing the many contributions that Senator Duncan made to his district and state, especially in the areas of mental health and mental retardation.

The following Senators gave eulogies in the Senator's memory: Gillis of the 20th, Lester of the 23rd, Starr of the 44th, Riley of the 1st, Dean of the 31st, Fincher of the 54th, Stephens of the 36th, Summers of the 53rd, Tate of the 38th, Hill of the 29th, Hudson of the 35th, Horton of the 17th, Carter of the 14th and Bell of the 5th.

The memorial service was terminated with a moment of silent prayer for Senator Duncan of the 30th District.

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

SENATE CALENDAR Friday, January 18, 1980 FIFTH LEGISLATIVE DAY SB 250. Worker's Compensation--joint funds for self-insurance programs (SUBSTITUTE) (IL&Tou-22nd)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

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SB 250.

By Senators Allgood of the 22nd, Foster of the 50th and Barker of the 18th:
A bill to amend Title 114 of the Code of Georgia relating to workers' compensation, as amended, so as to authorize bona fide trade associa tions, professional associations and political subdivisions to establish joint funds for the purpose of administering group self-insurance pro grams of which workers' compensation benefits are paid for the ex clusive benefit of the participants and their employees.

Senator Ballard of the 45th moved that the Senate postpone SB 250 until Tuesday, January 22nd.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 250 was postponed until Tuesday, January 22nd.

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

HB 599.

By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a licensed physician who has been convicted of a felony in the courts of the United States.

Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HB 599, and that a Conference Committee be appointed.

Qn the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 599.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Turner of the 8th, Eldridge of the 7th and Timmons of the 11th.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, January 21st, and the motion prevailed.

At 10:20 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, January 21st.

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141

Senate Chamber, Atlanta, Georgia Monday, January 21,1980

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

Senator Walker of the 19th reported that the Journal of Friday, January 18, had been read and found correct.

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

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

Mr. President:
The House has adopted by the requisite constitutional majority the following resolutuons of the House:

HR 434. By Representatives Lucas of the 102nd, Birdsong of the 103rd, Davis of the 99th and others:
A resolution proposing an amendment to the Constitution so as to authorize certain tax preferences to be granted from ad valorem taxes levied by Bibb County with respect to residential property revitalized or rehabilitated as part of a community development, redevelopment, or renewal project.

HR 450. By Representatives McDonald of the 12th and Irvin of the 10th:
A resolution proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Banks County.

HR 453. 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 increase the civil jurisdiction of justices of the peace in Lowndes County.

HR 456. By Representatives Swann of the 90th, Cheeks of the 89th, Dent of the 85th and others:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond Coun ty to grant discounts for early payment of ad valorem taxes.

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HR 458. 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 a homestead exemption of $8,000.00 from all Houston County and Houston County School District ad valorem taxes for each resident of Houston Coun ty 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 $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits.

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

HB 1124. By Representatives Pinkston of the 100th, Davis of the 99th, Randall of the 101st and others:
A bill amendatory of an Act known as "Macon-Bibb County Water and Sewerage Authority Act Amended", and to amend an Ordinance of the City of Macon, Ga. entitled "An Ordinance to amend the Charter of the City of Macon" wheieby all of the property and assets, real and personal, under the custody and control of the Board of Water Commissioners be transferred to the Macon-Bibb County Water and Sewerage Authority.

HB 1125. By Representatives Pinkston of the 100th, Davis of the 99th, Randall of the 101st and others:
A bill to reenact Act No. 1142 (House Bill No. 2089) of the Legislature of the State of Georgia appearing in Georgia Laws 1974 Session, pages 3129 through 3137, which provides that title and possession of all property and assets real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, be transferred, assigned, con veyed and delivered to the Macon-Bibb County Water & Sewerage Author ity.

HB 1127. By Representative Ramsey of the 3rd:
A bill to place the coroner of Murray County on an annual salary; to pro vide for the payment of the operating expenses of said office.

HB 1128. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, so as to change the fine which may be imposed by the mayor's court.

HB 1159. By Representatives Swann of the 90th, Daniel of the 88th, Dent of the 85th and Connell of the 87th:
A bill to amend Code Chapter 91A-13, relating to county tax officials and administrative procedures, so as to authorize ad valorem taxing jurisdic tions in each county having a population of not less than 145,000 and not

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143

more than 165,000, to establish the rate of interest and penalty to be charged with respect to delinquent tax collections.

HB 1020. By Representatives Culpepper of the 98th, Home of the 104th and Pinkston of the 100th:
A bill to amend an Act known as "The Georgia Court Reporting Act" so as to change the provisions relating to temporary employment permits; to provide that temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge.

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate, and safe electrical, plumbing, and con ditioned air fixtures and systems through the regulation of electrical con tractors, plumbers and conditioned air contractors.

HB 1203. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act", approved April 25, 1979. (Ga. Laws 1979, p. 1,427), so as to change certain appropriations for the fiscal year 1979-80; to make language and other changes; to provide an ef fective date; to repeal conflicting laws.

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

SB 433. By Senator Kidd of the 25th:
A bill to amend Code Title 34A, known as the "Georgia Municipal Election Code", as amended, so as to provide for certain school administrators to serve as deputy registrars; to change the provisions relating to the purging of electors' lists; to change the provisions relating to forms of election ballots with respect to unopposed candidates.
Referred to Committee on Governmental Operations.

SB 434. By Senator Kidd of the 25th:
A bill to amend Code Title 34, known as the "Georgia Election Code", as amended, so as to change the provisions relating to the qualifications of registrars and deputy registrars; to provide for ballots with candidates with same or similar names; to change the provisions relating to voting by absentee electors.
Referred to Committee on Governmental Operations.

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SB 435. By Senator Brown of the 47th:
A bill to amend Code Section 68-510, relating to the power of the Georgia Public Service Commission to fix rates, fares, and charges for certain ser vices by motor carriers and relating to the filing of contracts, as amended, so as to authorize the Commission to establish certain rate-making procedures which will be mandatory on all motor contract carriers.
Referred to Committee on Public Utilities.

SB 436. By Senator Brown of the 47th:
A bill to amend Code Section 68-613, relating to the power of the Georgia Public Service Commission to prescribe rates, fares, and charges for certain services by motor common carriers, so as to authorize the Commission to establish certain rate-making procedures which will be mandatory on all motor common carriers.
Referred to Committee on Public Utilities.

SB 437. By Senator Barnes of the 33rd:
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 so as to include the refusal of a cor porate surety to make payment to an obligee and so as to expand the term "obligee" to include any claimant, obligee or beneficiary under the law or as defined in any contract of suretyship.
Referred to Committee on Special Judiciary.

SB 438. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amend ed, so as to vest the investigators of the solicitor's office with arrest powers; to provide an effective date. Referred to Committee on Community Affairs.

SB 439. By Senator Barnes of the 33rd:
A bill to amend Code Section 57-108, relating to interest on judgments, so as to change the rate of interest. Referred to Committee on Special Judiciary.

SB 440. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change certain provisions relating to the judge pro hac vice. Referred to Committee on Community Affairs.

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145

SR 255. By Senators Holloway of the 12th, Starr of the 44th, Overby of the 49th, Tysinger of the 41st, Howard of the 42nd, Gillis of the 20th, Turner of the 8th and Brown of the 47th:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1980; to provide an effective date; to provide for the submission of this Constitution for ratification or rejection. Referred to Committee on Judiciary.
SR 256. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant to Oglethorpe Power Corporation (an Electric Membership Generation and Transmission Corporation), its successors and assigns, a corrective easement regarding certain property owned by the state of Georgia. Referred to Committee on Public Utilities.

SR 257. By Senators Turner of the 8th, Lester of the 23rd, Timmons of the llth and others:
A resolution proposing an amendment to the Constitution so as to change the maximum amount of exemption which may be granted from ad valorem taxation of homesteads; to provide for submission of this amend ment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.
SR 258. By Senators Evans of the 37th, Robinson of the 27th and Kidd of the 25th:
A resolution authorizing and directing the Secretary of State to make a study of the feasibility of establishing a more uniform system for informing interested persons and the general public of proposed rules adopted by ex ecutive agencies of the state government. Referred to Committee on Governmental Operations.

SR 261. By Senator Barnes of the 33rd: A resolution creating a Senate Study Committee on Battered Women.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and refer red to committees:
HB 1020. By Representatives Culpepper of the 98th, Home of the 104th and Pinkston of the 100th:
A bill to amend an Act known as "The Georgia Court Reporting Act" so as to change the provisions relating to temporary employment permits; to provide that temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge. Referred to Committee on Judiciary.

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HB 1203. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to be entitled an Act to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1979-80; to make language and other changes.
Referred to Committee on Appropriations.

HB 1124. By Representatives Pinkston of the 100th, Davis of the 99th, Randall of the 101st and others:
A bill amendatory of an Act known as "Macon-Bibb County Water and Sewerage Authority Act Amended", and to amend an Ordinance of the City of Macon, Georgia, entitled "An Ordinance to amend the Charter of the City of Macon" whereby all of the property and assets, real and per sonal, under the custody and control of the Board of Water Commissioners be transferred to the Macon-Bibb County Water and Sewerage Authority.
Referred to Committee on Community Affairs.
HB 1125. By Representatives Pinkston of the 100th, Davis of the 99th, Randall of the 101st and others:
A bill to reenact Act No. 1142 (House Bill No. 2089) of the Legislature of the State of Georgia appearing in Georgia Laws 1974 Session, pages 3129 through 3137, which provides that title and possession of all property and assets real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, be transferred, assigned, con veyed and delivered to the Macon-Bibb County Water & Sewerage Authority. Referred to Committee on Community Affairs.

HB 1127. By Representative Ramsey of the 3rd:
A bill to place the coroner of Murray County on an annual salary; to pro vide for the payment of the operating expenses of said office. Referred to Committee on Community Affairs.

HB 1128. By Representative Ramsey of the 3 rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, so as to change the fine which may be imposed by the mayor's court. Referred to Committee on Community Affairs.

HB 1159. By Representatives Swann of the 90th, Daniel of the 88th, Dent of the 85th and Connell of the 87th:
A bill to amend Code Chapter 91 A-13, relating to county tax officials and administrative procedures, so as to authorize ad valorem taxing jurisdic tions in each county having a population of not less than 145,000 and not

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more than 165,000, to establish the rate of interest and penalty to be charged with respect to delinquent tax collections.
Referred to Committee on Community Affairs.

HR 434. By Representatives Lucas of the 102nd, Birdsong of the 103rd, Davis of the 99th and others:
A resolution proposing an amendment to the Constitution so as to authorize certain tax preferences to be granted from ad valorem taxes levied by Bibb County with respect to residential property revitalized or rehabilitated as part of a community development, redevelopment or renewal project.
Referred to Committee on Community Affairs.

HR 450. By Representatives McDonald of the 12th and Irvin of the 10th:
A resolution proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Banks County. Referred to Committee on Community Affairs.

HR 453. 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 increase the civil jurisdiction of justices of the peace in Lowndes County. Referred to Committee on Community Affairs.

HR 456. By Representatives Swann of the 90th, Cheeks of the 89th, Dent of the 85th and others:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond Coun ty to grant discounts for early payment of ad valorem taxes.
Referred to Committee on Community Affairs.

HR 458. By Representatives Walker of the 115th, Watson of the 114th and Waddb of the 113th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Houston County and Houston County School District ad valorem taxes for each resident of Houston Coun ty 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 $10,000.00, exclusive of certain retirement, survivor, disability and pension benefits.
Referred to Committee on Community Affairs.

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HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical, plumbing and con ditioned air fixtures and systems through the regulation of electrical con tractors, plumbers and conditioned air contractors.
Referred to Committee on Industry, Labor and Tourism.

The following bills and resolutions of the Senate were read the second time:
SB 329. By Senator Kidd of the 25th: A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, as amended, so as to authorize the board to provide coverage for dental ser vices.
SB 330. By Senator Kidd of the 25th: 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, as amended, so as to provide for the investment of moneys in the health in surance fund by the Department of Administrative Services; to authorize the board to contract with health maintenance organizations.
SB 331. By Senator Kidd of the 25th: A bill to amend an Act relating to health insurance coverage for state employees, as amended, so as to authorize the State Personnel Board to ex ecute contracts with health maintenance organizations.
SB 332. By Senator Kidd of the 25th: A bill to amend an Act authorizing the Department of Administrative Ser vices 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, so as to change the automobile mileage allowance rate.
SB 337. By Senator Kidd of the 25th: A bill to amend an Act providing and fixing minimum salaries for judges of the probate courts of the various counties within the State of Georgia so as to change the amounts of compensation paid judges of the probate court for performing certain additional duties; to provide an effective date.

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SB 346. By Senator Kidd of the 25th:
A bill to amend an Act relating to a health insurance plan for state employees, as amended, so as to authorize the board to provide coverage for dental services.

SB 359. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act regulating the practice of professional sanitarians, as amended, so as to provide for the appointment and qualification of an addi tional member to the Georgia Board of Registered Professional Sanitarians.

SB 360. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975", as amended, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Geologists.

SB 361. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21, relating to professional engineers and land surveyors, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Engineers and Land Surveyors.

SB 362. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the development of water well stan dards and creating the Water Well Standards Advisory Council, as amended, so as to provide for the appointment and qualification of an addi tional member to the Water Well Standards Advisory Council.

SB 363. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Marriage and Family Counselor Act", as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Marriage and Family Counselor Licensing Board.

SB 364. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Georgia State Board of Physical Therapy, so as to provide for the appointment and qualification of an ad ditional member to the Board.

SB 365. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Registration of Foresters, as amended, so as to provide for the appointment and qualification of an additional member to the Board.

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SB 366. By Senators Starr .of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to the Georgia Board of Athletic Trainers, so as to provide for the appointment and qualification of an ad ditional member to the Board.

SB 367. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating a Board of Polygraph Examiners, as amended, so as to provide for the appointment and qualification of an additional Board member.

SB 368. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Examiners of Licensed Prac tical Nurses.

SB 369. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Barber Act", relating to the Georgia State Board of Barbers, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Barbers.

SB 370. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act establishing a State Board for the Certification of Librarians, as amended, so as to provide for the appointment and qualification of an additional member to the Board.

SB 371. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Board of Recreation Examiners of the State of Georgia, as amended, so as to provide for the appointment and qualification of an additional member to the Board.

SB 372. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the Georgia State Occupational Therapy Licensing Act, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Occupational Therapy.

SB 374. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensure of applied psychologists, as amended, so as to provide for the appointment and qualification of an additional member to the State Board of Examiners of Psychologists.

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151

SB 375. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", as amended, so as to pro vide for the appointment and qualification of an additional member to the State Board of Examiners of Certified Water and Wastewater Treat ment Plant Operators.

SB 376. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to provide for the qualification and ap pointment of an additional member to the Board of Veterinary Medicine; to provide procedures connected with the foregoing.

SB 377. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-2, as amended, so as to provide for the ap pointment of an additional member to the State Board of Accountancy.

SB 378. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-5, relating to the regulation of chiroprac tic and the Board of Chiropractic Examiners, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Chiropractic Examiners.

SR 235. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide for the prefiling and introduction of bills and resolutions by members of the General Assembly at times when the General Assembly is not in regular ses sion; to provide for the submission of this amendment for ratification or re jection.

SR 247. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an instrumental ity of the State of Georgia to be known as the Gwinnett Judicial Building Authority; to provide for the submission of this amendment for ratification or rejection.

SR 248. By Senator Overby of the 49th:
A resolution proposing an amendment to the Constitution so as to authorize the creation of a Gainesville Redevelopment Authority; to provide powers; to specify limitations; to permit the issuance of certain bonds; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.

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SR 251. By Senators Land of the 16th and Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to exempt from taxes levied for educational purposes in Muscogee County the homestead of certain residents of the county aged 62 years or older; to pro vide for conditions and limitations; to provide for submission of this amend ment for ratification or rejection.

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

Allgood Ballard Barker Barnes Bell Bond
Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway
Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Not answering was Senator Thompson.

Overby Paulk Reynolds Riley Robinson Russell
Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

The following resolution of the Senate was read and adopted:
SR 259. By Senator Eldridge of the 7th: A resolution recognizing the Atlanta Braves.
The President introduced the Atlanta Braves Baseball Team to the Senate.
Senator Overby of the 49th introduced the chaplain of the day, Reverend Steve Brown, pastor of the First Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer.

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153

The following resolutions of the Senate were read and adopted:

SR 254. By Senators Holloway of the 12th, Horton of the 17th, Riley of the 1st and others:
A resolution to pay tribute to mayors, municipal officials and employees for their service upon the occasion of the Twenty-second Annual Georgia Mayors' Day of the Georgia Municipal Association, January 21, 1980.

SR 260. By Senator Barnes of the 33rd: A resolution commending the Kiwanis Club of Marietta.

Senator Robinson of the 27th introduced the doctor of the day, Dr. Beverly Sanders, of Macon, Georgia.

SENATE CALENDAR Monday, January 21, 1980
Eighth Legislative Day

SB 339. SR 95. SR 245.

Grants to Corporations for Charitable Purposes -- counties appropriate (S Judy -- 37th)
Antique Autos -- separate class and taxes on basis other than ad valorem (BF&I -- 43rd)
Equal Rights Amendment -- ratify (S Judy -- 38th)

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

SB 339. By Senators Evans of the 37th, Riley of the 1st, Overby of the 49th and others:
A bill to authorize the governing authorities of the counties of this State to appropriate money for, and to make grants or contributions to any corporation, association, institution or individual for purely charitable purposes conducted within such county.

Senator Evans of the 37th moved that SB 339 be postponed until Wednesday, January 23rd.

On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 339 was postponed until Wednesday, January 23rd.

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JOURNAL OF THE SENATE,

SR 95. By Senators Scott of the 43rd and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that antique automobiles shall constitute a separate class from other motor vehicles and may be taxed on a basis other than ad valorem in such manner as the General Assembly shall determine; to provide for the submission of this amendment for ratification or rejection.

Senator Scott of the 43rd moved that SR 95 be postponed until Tuesday, January 22nd.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 95 was postponed until Tuesday, January 22nd.

SR 245. By Senators Tate of the 38th, Johnson of the 34th, Bond of the 39th, Foster of the 50th and others:
A resolution to ratify the Equal Rights Amendment to the United States Constitution.

Senator Howard of the 42nd moved that SR 245 be postponed until 3:00 o'clock P.M. today.

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:

Allgood Barker Barnes Bond
Broun of 46th Brown of 47th Dean Eldridge Evans Fincher of 54th

Foster Greene Holloway Horton
Howard Hudson Johnson Langford Littlefield Reynolds

Robinson Scott Stephens Sutton
Tate Tirnmons Turner Wessels

Those voting in the negative were Senators:

Ballard Bell Brantley Bryant Carter Cobb Coverdell English

Fincher of 52nd Gillis Hudgins Kennedy Kidd Land Lester McGill

Overby Paulk Riley Starr Stumbaugh Summers Thompson Walker

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155

Those not voting were Senators:
Hill Russell Tysinger

On the motion, the yeas were 28, nays 24; the motion prevailed, and SR 245 was postponed until 3:00 o'clock P.M. today.
Senator Overby of the 49th moved that the Senate reconsider its action in postpon ing SR 245.
On the motion, Senator Overby of the 49th 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 Bell Brantley Bryant Carter Cobb Coverdell English Fincher of 52nd

Fincher of 54th Gillis Hudgins Hudson Kennedy Kidd Land Lester McGill Overby

Those voting in the negative were Senators:

Barker Barnes Bond Broun of 46th Brown of 47th Dean Eldridge Evans

Foster Greene Holloway Horton Howard Johnson Langford

Those not voting were Senators:
Hill Russell Tysinger

Paulk Reynolds Riley Scott Starr Stephens Stumbaugh Summers Walker Wessels
Littlefield Robinson Sutton Tate Thompson Timmons Turner

On the motion, the yeas were 30, nays 22; the motion prevailed, and the Senate reconsidered its action in postponing SR 245.

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JOURNAL OF THE SENATE,

Senator Langford of the 51st moved that SR 245 be postponed until 2:30 o'clock P.M. today.

On the motion, Senator Ballard of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brown of 47th Dean Eldridge Fincher of 54th

Foster Greene Holloway Horton Langford Lester Littlefield

Those voting in the negative were Senators:

Ballard Bell Bond Brantley Bryant Carter Cobb Coverdell English Evans Fincher of 52nd

Gillis Hudgins Hudson Johnson Kennedy Kidd Land McGill Overby Paulk

Those not voting were Senators:
Broun of 46th Hill Howard Russell

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

On the motion, the yeas were 20, nays 31; the motion was lost, and SR 245 was not postponed until 2:30 o'clock P.M.
Senator Paulk of the 13th moved that the Senate stand in recess until 2:00 o'clock P.M.
On the motion, Senator Overby of the 49th called for the yeas and nays; the call was sustained, and the vote was as follows:

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157

Those voting in the affirmative were Senators:

Barker Barnes Brown of 47th Dean Eldridge Evans Fincher of 54th Foster Greene

Hill Holloway Horton Howard Hudgins Hudson Kidd Langford Lester

Littlefield Paulk Robinson Russell Summers Sutton Tate Timmons

Those voting in the negative were Senators:

Allgood Ballard Bell Bond Brantley Bryant Carter Cobb Coverdell

English Fincher of 52nd Gillis Johnson Kennedy Land McGill Overby Reynolds

Riley Scott Starr Stephens Stumbaugh Turner Tysinger Walker Wessels

Not voting were Senators Broun of 46th and Thompson.

On the motion, the yeas were 26, nays 27; the motion was lost, and the Senate did not recess until 2:00 o'clock P.M.

Senator Gillis of the 20th moved the previous question.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the previous question was ordered.

The report of the committee, which was favorable to the adoption of the resolu tion, 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:

Barker Bond Broun of 46th Coverdell Eldridge Evans Fincher of 54th Foster

Greene Horton Howard Hudgins Johnson Langford Littlefield Paulk

Riley Robinson Scott Stephens Stumbaugh Tate Wessels

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Ballard Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Dean English

Fincher of 52nd Gillis Hill Holloway Hudson Kennedy Kidd Land Lester McGill Overby

Reynolds Russell Starr Summers Sutton Thompson Timmons Turner Tysinger Walker

On the adoption of the resolution, the yeas were 23, nays 32.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Johnson of the 34th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 245.

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

At. 3:00 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 22, 1980

159

Senate Chamber, Atlanta, Georgia Tuesday, January 22, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 572. By Representative Greer of the 43rd: A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to require an application and payment of a fee prior to the grant of temporary emergency authority; to change certain provisions relating to fees; to provide for issuance of temporary vehicle registration permits.
HB 573. B) Representative Greer of the 43rd: A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to define and redefine certain terms; to provide for and require the collection of certain application fees; to provide for issuance of certain temporary permits.
HB 898. By Representatives Walker of the 115th, Waddle of the 113th, Greene of the 138th and others: A bill to grant immunity from arrest, prosecution or civil action for trespass to registered professional engineers, registered surveyors and their agents, servants and employees for entering lands of a third party in the conduct of engineering or land surveys.
HB 1069. By Representatives Twiggs and Colwell of the 4th: A bill to create the Georgia Mountain Fair Authority of Towns County.

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JOURNAL OF THE SENATE,

HB 1081. By Representatives Lambert of the 112th and Hatcher of the 131 st:
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 automobile mileage allowance rate.

HB 1177. By Representatives Jessup of the 117th, Edwards of the 110th, Knight of the 67th and others:
A bill to amend Article III of Code Title 68B, relating to cancellation, suspension and revocation of licenses, so as to change the provisions relating to points assessed for offenses with respect to the suspension or revocation of licenses; to change the provisions relating to habitual violators.

HB 1185. By Representative Bargeron of the 83rd:
A bill to amend an Act to incorporate the town of Avera, so as to redesignate the town as a city; to change the corporate limits; to change the rate of ad valorem taxes authorized to be levied.

HB 1187. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a charter for the City of Cummings, so as to change the punishment which can be imposed by the police court.

HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Ve hicle Rebuilders, so as to continue the State Board of Registration for Us ed Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982.

HB 1192. By Representative Jessup of the 117th:
A bill to amend an Act which provides for a State Board of Registration of Used Car Dealers, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982.

HB 1194. By Representatives Tolbert of the 56th, Williamson of the 45th, Mangum of the 56th and others:
A bill to amend Code Section 91A-1022, relating to taxes payable to county in which returns are made, so as to change the provisions relating to tax due dates in certain counties.

TUESDAY, JANUARY 22, 1980

161

HB 1208. By Representatives Johnston of the 56th, Mangum of the 56th, Vandiford of the 53rd and others:
A bill to provide that in all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census, certain unaccompanied minors shall be prohibited from entering certain business establishments primarily engaged in the retail sale of alcoholic beverages in unbroken packages and to prohibit such establishments from permit ting the entrance of such minors.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 461. By Representatives Twiggs of the 4th and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to ex pend funds to finance all or part of the employer and employee contribu tions to any health insurance plan for retired public school teachers created by the general law of this state.
HR 506. By Representatives Galer of the 97th, Clark of the 13th and Felton of the 22nd: A resolution urging each agency of this state that has libraries to work towards the goal of interagency cooperation among their libraries.

The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 599. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a licensed physician who has been convicted of a felony in the courts of the United States.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 441. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 27-2, relating to arrests, as amended, so as to provide that law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles by the is suance of a citation. Referred to Committee on Judiciary.

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SB 442. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the judges of the probate courts, as amended, so as to require certain reports. Referred to Committee on Retirement.

SB 443. By Senator Hudson of the 35th:
A bill to amend an Act authorizing the Commissioners of Fulton Count)' to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide that "years of creditable service" shall include certain unused sick leave.
Referred to Committee on Community Affairs.

SB 444. By Senator Stephens of the 36th:
A bill to amend an Act 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 of such cities and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof.
Referred to Committee on Community Affairs.

SB 445. By Senator Stephens of the 36th:
A bill to amend an Act 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 Community Affairs.

SB 446. By Senator Stephens of the 36th:
A bill to amend an Act providing pensions for members of police depart ments in cities having a population of 300,000 or more, according to the United States Census of 1920, or any subsequent census thereof. Referred to Committee on Community Affairs.

SB 447. By Senator Stephens of the 36th:
A bill to create the office of senior judge of the municipal court of the City of Atlanta; to provide for the appointment of the office; to provide for the re quirements for eligibility for appointment to the office; to provide for the conditions under which a senior judge shall serve; to provide for the method and amount of compensation and other benefits.
Referred to Committee on Community Affairs.

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163

SB 448. By Senator Eldridge of the 7th:
A bill to amend an Act regulating the occupation of cosmetology so as to change the requirement that cosmetologists have three years' experience and have been licensed three years in order to train students and apprentices to a one-year requirement.
Referred to Committee on Consumer Affairs.

SB 449. By Senator Eldridge of the 7th:
A bill to amend an Act regulating the occupation of cosmetology, as amend ed, so as to provide that all beauty schools and colleges or schools of cosmetology shall on a quarterly basis report the hourly credits of their students to the State Board of Cosmetology.
Referred to Committee on Consumer Affairs.

SB 450. By Senator Howard of the 42nd:
A bill to provide protections for residents in long-term care facilities; to pro vide a short title; to define certain terms; to require reports by certain per sons concerning abuse, neglect or exploitation; to require investigations of reports of abuse and neglect.
Referred to Committee on Human Resources.

SB 451. By Senators Evans of the 37th, Horton of the 17th, Greene of the 26th and others:
A bill to amend Code Title 56, known as the "Georgia Insurance Code", as amended, so as to provide that no individual or group policy, plan, cer tificate, or contract providing for medicare supplement health insurance shall be sold unless a certain percentage of the premiums collected from the sale thereof be returned in the form of benefits provided under such policy, plan, certificate, or contract.
Referred to Committee on Human Resources.

SB 452. By Senators Coverdell of the 40th, Riley of the 1st, Bond of the 39th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide that any teacher who is employed by a public school on or after a certain date shall become a member of the Teachers' Retirement System as a condition of employment and shall not be eligible for membership in local retirement system.
Referred to Committee on Retirement.

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SB 453. By Senator Brown of the 47th:
A bill to amend Code Section 68-510, relating to the fixing of rates, fares, and charges of motor carriers by the commission, as amended, so as to pro vide for joint rate-making and other procedures and for compliance therewith; to amend the "Motor Common Carriers Act of 1931", as amend ed, so as to provide for joint rate-making and other procedures and for com pliance therewith.
Referred to Committee on Public Utilities.

SB 454. By Senators Stephens of the 36th, Hudson of the 35th and Fincher of the 54th:
A bill to amend an Act creating the Board of Recreation Examiners, as amended, so as to provide additional definitions; to change the membership of the board and to change their manner of appointment.
Referred to Committee on Governmental Operations.

SB 455. By Senator Robinson of the 27th:
A bill to amend an Act known as "The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies", as amended, so as to change the provisions relating to performance audits. Referred to Committee on Governmental Operations.

SB 456. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to create and establish a long-term care Resident's Bill of Rights' to provide for legislative intent; to provide for definitions; to provide for responsibilities of long-term care facilities; to provide for penalties; to pro vide for an effective date.
Referred to Committee on Human Resources.

SB 457. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to create the Office of Aging of the Department of Human Resources so as to establish a program of transportation for persons 60 years of age or older and for the handicapped; to provide for said office to coordinate pro grams with other agencies and departments of state government.
Referred to Committee on Human Resources.

SB 458. By Senators Summers of the 53rd, Fincher of the 54th, Fincher of the 52nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide that instructional personnel who are approved to participate in a personnel exchange program may be con sidered actually employed by a local unit of administration for the purpose of the allotment of State funds.
Referred to Committee on Education.

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165

SR 262. By Senator Eldridge of the 7th: A resolution designating the Liston Elkins Parkway.
Referred to Committee on Transportation.

SR 264. By Senators Stephens of the 36th, Fincher of the 52nd and Hudson of the 35th:
A resolution creating the Silver-Haired Legislature. Referred to Committee on Human Resources.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 572. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to require an application and payment of a fee prior to the grant of tem porary emergency authority; to change certain provisions relating to fees; to provide for issuance of temporary vehicle registration permits.
Referred to Committee on Public Utilities.

HB 573. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to def.ne and redefine certain terms; to provide for and require the collec tion of certain application fees; to provide for issuance of certain temporary permits.
Referred to Committee on Public Utilities.

HB 898. By Representatives Walker of the 115th, Waddle of the 113th, Greene of the 138th and others:
A bill to grant immunity from arrest, prosecution or civil action for trespass to registered professional engineers, registered surveyors and their agents, servants and employees for entering lands of a third party in the conduct of engineering or land surveys.
Referred to Committee on Industry, Labor and Tourism.

HB 1081. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act authorizing the Department of Administrative Ser vices 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 automobile mileage allowance rate.
Referred to Committee on Governmental Operations.

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HB 1177. By Representatives Jessup of the 117th, Edwards of the 110th, Knight of the 67th and others:
A bill to amend Article III of Code Title 68B, relating to cancellation, suspension and revocation of licenses, so as to change the provisions relating to points assessed for offenses with respect to the suspension or revocation of licenses; to change the provisions relating to habitual violators.
Referred to Committee on Transportation.

HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Ve hicle Rebuilders, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982. Referred to Committee on Governmental Operations.
HB U92. By Representative Jessup of the 117th:
A bill to amend an Act which provides for a State Board of Registration of Used Car Dealers, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982. Referred to Committee on Governmental Operations.

HB 1069. By Representatives Twiggs and Colwell of the 4th: A bill to create the Georgia Mountain Fair Authority of Towns County.
Referred to Committee on Community Affairs.
HB 1185. By Representative Bargeron of the 83rd: A bill to amend an Act to incorporate the town of Avera, so as to redesignate the town as a city; to change the corporate limits; to change the rate of ad valorem taxes authorized to be levied.
Referred to Committee on Community Affairs.
HB 1187. By Representatives Jackson, Wood and Lawson of the 9th: A bill to amend an Act creating a charter for the City of Cummings, so as to change the punishment which can be imposed by the police court.
Referred to Committee on Community Affairs.

HB 1194. By Representatives Tolbert of the 56th, Williamson of the 45th, Mangum of the 56th and others:
A bill to amend Code Section 91A-1022, relating to taxes payable to county in which returns are made, so as to change the provisions relating to tax due dates in certain counties.
Referred to Committee on Community Affairs.

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167

HB 1208. By Representatives Johnston of the 56th, Mangum of the 56th, Vandiford of the 53rd and others:
A bill to provide that in all counties of this state having a population of not less than 350,000 and not more than 500,000, according to the United States decennial census of 1970 or any future such census, certain unac companied minors shall be prohibited from entering certain business establishments primarily engaged in the retail sale of alcoholic beverages in unbroken packages and to prohibit such establishments from permitting the entrance of such minors.
Referred to Committee on Community Affairs.
HR 461. By Representatives Twiggs of the 4th and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to ex pend funds to finance all or part of the employer and employee contribu tions to any health insurance plan for retired public school teachers created by the general law of this state.
Referred to Committee on Community Affairs.

HR 506. By Representatives Galer of the 97th, Clark of the 13th and Felton of the 22nd:
A resolution urging each agency of this state that has libraries to work towards the goal of interagency cooperation among their libraries. Referred to Committee on Education.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 348. Do pass. SB 400. Do pass. SB 415. Do pass. SB 429. Do pass. SB 430. Do pass. HB 1080. Do pass. HR 269. Do pass. HR 432. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

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Mr. President:
Your Committee on Consumer Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 2. Do not pass. SB 347. Do pass by substitute. SB 356. Do pass. SR 233. Do pass. HB 468. Do pass. HB 620. Do pass. HB 845. Do pass as amended.
Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:
Your Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1092. Do pass by substitute. SB 418. Do pass. SB 426. Do pass by substitute. SB 338. Do pass. SB 431. Do pass. SB 357. Do pass. SB 358. Do pass. HB 709. Do pass. SR 232. Do pass as amended.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

TUESDAY, JANUARY 22, 1980

169

The following communication was received and read by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
January 21, 1980
Due to illness I will be necessarily absent from the meeting of the Senate Committee on Judiciary called for January 21st. In compliance with Senate Rule 192, I hereby direct Senator Wessels of the 2nd, as Vice Chairman of the Committee, to preside over the meeting and to consider any bills which have been referred to the Committee.
/s/Howard T. Overby Chairman Committee on Judiciary

Mr. President:

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

SB 326. Do pass. SB 408. Do pass. SB 409. Do pass as amended. HB 553. Do pass by substitute.
Respectfully submitted, Senator Wessels of the 2nd District, Vice Chairman

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

Allgood Ballard Barker Barnes Bell Bond Brown of 47th Carter Cobb Coverdell

Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill

Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford

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Lester McGill Paulk Reynolds Riley Robinson Russell

Scott Starr Stephens Stumbaugh Summers Sutton

Thompson Timmons Turner Walker Wessels

Those not answering were Senators:

Brantley Broun of 46th

Bryant Littlefield

Overby Tysinger

Senator Holloway of the 12th introduced the chaplain of the day, Father John L. Jenkins, Rector of St. Paul's Episcopal Church, Albany, Georgia, who offered Scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 263. By Senator Holloway of the 12th and fifty-four other Senators: A resolution expressing regrets at the passing of Honorable J. Ebb Duncan.

SENATE CALENDAR Tuesday, January 22, 1980 NINTH LEGISLATIVE DAY

SB 250. SR 95. SB 329. SB 330. SB 331. SB 332. SB 337. SB 346.

Worker's Compensation--joint funds for self-insurance programs (SUBSTITUTE) (IL&Tou-22nd)
Antique Autos--separate class and taxes on basis other than ad valorem (BF&I-43rd)
Public School Employees' Health Insurance--coverage for dental services (Gov Op-25th)
Public School Teachers' Health Insurance--investment of Department of Administrative Services (Gov Op-25th)
State Employees' Health Insurance--execution of contracts (Gov Op-25th)
Official Use of Motor Vehicle--change mileage allowance rate (Gov Op-2 5th)
Probate Court Judges--compensation for additional duties (Gov Op-25th)
State Employees' Health Insurance--coverage for dental services (Gov Op-25th)

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171

SB 359.
SB 360.
SB 361.
SB 362.
SB 363.
SB 364. SB 365.
SB 366. SB 367. SB 368.
SB 369. SB 370.
SB 371. SB 372. SB 374.
SB 375.
SB 376. SB 377.
SB 378. SR 235.

Board of Registered Professional Sanitarians--additional member (Gov Op-44th)
Board of Registration for Professional Geologists--additional member (Gov Op-44th)
Board of Registration for Professional Engineers/Land Surveyors--additional member (Gov Op-44th)
Water Well Standards Advisory Council--additional member (AMENDMENT) (Gov Op-44th)
Marriage and Family Counselor Licensing Board--additional member (Gov Op-44th)
Board of Physical Therapy--additional member (Gov Op-44th)
Board of Registration of Foresters--additional member (Gov Op-44th)
Board of Athletic Trainers--additional member (Gov Op-44th)
Board of Polygraph Examiners--additional member (Gov Op-44th)
Board of Examiners of Licensed Practical Nurses--additional member (Gov Op-44th)
Board of Barbers--additional member (Gov Op-44th)
Board of Certification of Librarians--additional member (Gov Op-44th)
Board of Recreation Examiners--additional member (Gov Op-44th)
Board of Occupational Therapy--additional member (Gov Op-44th)
Board of Examiners of Psychologists--additional member (Gov Op-44th)
Board of Examiners of Certified Waste/Wastewater Treatment Plant--additional member (Gov Op-44th)
Board of Veterinary Medicine--additional member (Gov Op-44th)
Board of Accountancy--additional member (AMENDMENT) (Gov Op-44th)
Board of Chiropractic Examiners--additional member (Gov Op-44th)
General Assembly--profiling bills when not in regular session (Gov Op-25th)

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

HB 599. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a licens-

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ed physician who has been convicted of a felony in the courts of the United States. The Conference Committee Report on HB 599 was as follows:
The Conference Committee on House Bill 599 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Con ference Committee Substitute to House Bill 599 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/Frank Eldridge, Jr. /s/Jimmy Hodge Timmons /s/Loyce W. Turner

/s/Bobby E. Parham /s/J. Roy Rowland

Conference Committee substitute to HB 599:
A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the residence requirements of cer tain aliens; to give the board authority to refuse to grant a license to an ap plicant or to discipline a licensed physician who has been convicted of a felony in the courts of the United States; 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 84-9, relating to medical practitioners, as amended, is hereby amended by adding a new paragraph at the end of Sec tion 84-907.5, to read as follows:
"Any qualified applicant who is an alien, except for graduates of ac credited Canadian medical schools as approved by the Composite State Board of Medical Examiners, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this Chapter shall be eligible to stand the examination herein provided for and upon his successful completion thereof shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Canadian medical schools, as approv ed by the Composite State Board of Medical Examiners, are exempt from the residency requirement of one year in the United States and may be granted a license by endorsement of the LMCC examination without fur ther examination if the Board determines that the applicant substantially meets the qualifications required for licensure in the State of Georgia."

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173

Section 2. Said Code Chapter is further amended by striking paragraph (3) of subsection (a) of Section 84-916 in its entirety and inserting in lieu thereof a new paragraph (3) of subsection (a) of Section 84-916, to read as follows:
"(3) Been convicted of a felony in the courts of this State or any other state, territory, country, or of the United States. 'Conviction of a felony' as used in this Section 84-916(a) shall include a conviction of an offense which if committed in this State would be deemed a felony under either State or Federal law, without regard to its designation elsewhere. For the purposes of this Section 84-916(a), a 'conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; or".
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 Turner of the 8th moved that the Senate adopt the Conference Committee Report on HB 599.

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 Carter Cobb Coverdell Dean Eldridge English Fincherof 52nd Fincher of 54th Foster

Gillis Greene Holloway Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Paulk Reynolds Riley

Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Bond Brantley Brown of 47th Bryant

Evans Hill Horton Howard

Littlefield Overby Tate Tysinger

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On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 599.

The following general bill of the Senate, having been read the third time on January 18, 1980, and postponed until January 22, was put upon its passage:

SB 250. By Senators Allgood of the 22nd, Foster of the 50th and Barker of the 18th:
A bill to amend Title 114 of the Code of Georgia relating to workers' com pensation, as amended, so as to authorize bona fide trade associations, pro fessional associations and political subdivisions to establish joint funds for the purpose of administering group self-insurance programs of which workers' compensation benefits are paid for the exclusive benefit of the par ticipants and their employees.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to SB 250:

A BILL
To be entitled an Act to amend Title 114 of the Code of Georgia relating to workers' compensation, as amended, so as to authorize bona fide trade associations, professional associations and political subdivisions to establish joint funds for the purpose of administering group self-insurance programs of which workers' compensation benefits are paid for the exclusive benefit of the participants and their employees; to provide for legislative intent; to define certain terms; to provide for the establishment of a board of trustees of such funds; to provide the powers and duties of the board; to specify the nature of the fund created; to provide for minimum security of any such fund; to provide for the payment of expenses of the State Board of Workers' Compensation; to provide for applicability; to provide for independent audits; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA.
Section 1. Title 114 of the Code of Georgia relating to workers' com pensation, as amended, is hereby amended by adding a new Chapter to be known as Chapter 114-6a, to read as follows:
"Chapter 114-6a
Self-insured trade associations, professional associations and political subdivisions.
114-60la. Intent. It is the intent of the General Assembly of Georgia to provide an alternative mechanism through which bona fide members of trade associations and professional associations as well as political subdivisions may extend workers' compensation benefits to their employees through a group self-insurance program. Such an alternative

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175

is authorized to enable members of organizations to lower workers' com pensation costs by reducing administrative expenses and to encourage a reduction in claims through active loss prevention and loss control pro grams. It is therefore intended that this Chapter be liberally construed to effectuate these purposes.

114-602a. Definitions. The following words and phrases as used in this Chapter shall, unless a different meaning is clearly required by the context, have the following meanings:
(1) 'Fund' shall mean the joint fund for workers' compensation established by organizations pursuant to this Chapter.
(2) 'Board' shall mean the board of trustees of any fund created pur suant to this Chapter.
(3) 'Trade association' shall mean a corporation or unincorporated association comprising a bona fide group of employers who are engaged in the same or similar types of business or profession within the State of Georgia, which engages in substantial activity other than the sponsorship of a fund operated pursuant to this Chapter.
(4) 'Professional association' shall mean a group of persons who are engaged in similar professions and are organized for substantial purposes other than the sponsorship of a fund operated pursuant to this Chapter.
(5) 'Political subdivision' shall mean any legally constituted political subdivision of this State which has been created by State or local law in cluding but not limited to municipal corporations, counties, school boards and hospital authorities.
(6) 'Organization' shall mean a trade association, professional association or group of political subdivisions.
(7) 'Member' shall mean any person, partnership or corporation which is a member of a trade association, professional association or is a political subdivision.
(8) 'Gross annual premium" shall mean the premium determined by multiplying the payroll (segregated into the proper workers' compensa tion job classifications) times the appropriate manual premium rates.
(9) 'Standard annual premium' shall mean gross annual premium plus or minus applicable experience debits or credits.
(10) 'Normal annual premium' shall mean standard annual premium less allowed discount.

114-603a. Joint Funds, (a) Any organization may create a fund for the purpose of extending workers' compensation benefits to employees of its members by having such members enter into intrastate agreements
as provided for herein.

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(b) A fund as authorized by subsection (a) may be established with the participation of ten or more members having no fewer than 1,000 employees in the aggregate. Each member shall pay into said fund its proportionate share of the fund's projected obligation for workers' com pensation liability and administrative and other costs of such fund as determined by the board. Such proportionate share shall be adjusted by the board based on the claims experience of each participating member. The proportionate share of the foregoing for each year of the fund shall be paid by each participating member at the beginning of each fund year. The board shall make payments out of the fund for workers' com pensation benefits due under this Title to the employees of the par ticipating members and the board shall determine what, if any, dividends shall be paid to participating members.
(c) Each fund shall notify the State Board of Workers' Compensation within ten days after each new member becomes a participant in the fund and shall forward with such notification a copy of the executed agreement with such member. The State Board of Workers' Compensa tion shall have the authority to approve or disapprove the admission of each participating member. Each member shall be liable as an employer for claims by its employees under Chapter 6 of Title 114 of the Code of Georgia subject to the application of fund assets, bond or security deposit, and excess liability insurance if any. The foregoing shall be deemed to have met the duty to assure payment of workers' compensa tion imposed upon employers by Chapter 6 of Title 114 of the Code of Georgia.
(d) The board of each fund shall establish and implement a loss prevention and loss control program for each participating member.
(e) Each participating member of the fund shall be jointly and severally liable for claims by employees of participating members under Chapter 6 of Title 114 of the Code of Georgia after application of fund assets, bond proceeds, excess liability insurance proceeds, if any, and the assets of the participating member which employs the employee whose claim is being made. Should any member withdraw or be removed from said fund, his liability shall continue for all liabilities incurred while he was a member of said fund.
(f) A fund created pursuant to this Section shall not be considered in surance for the purposes of any other statute but is a contracting mechanism by which the organization provides self-insured workers' compensation benefits to the employees of its participating members.
(g) Each fund shall be treated as a self-insurer for the purposes of Chapter 9 of Title 114 of the Code of Georgia relating to the subsequent injury trust fund.

114-604a. Board of Trustees. Each fund created pursuant to this Chapter shall be operated by a board of trustees chosen jointly by the organization and the participating members of such fund, under the rules, regulations and bylaws established by such board.

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177

114-605a. Powers of Board. In addition to the powers contained in the bylaws of such funds, the board shall have the following specific powers together with such other powers as may be necessary or inciden tal in effectuating the purposes of this Chapter:
(1) to invest and reinvest funds held by it in any investments which are legal investments for domestic insurers under the laws of Georgia;
(2) to purchase, acquire, hold, lease, sell and convey real and per sonal property;
(3) to collect and disburse all money due or payable;
(4) to employ and contract with banks, corporate trustees and in surers authorized to do business in this State;
(5) to employ and contract with actuaries, accountants, contract ad ministrators and other agents and employees;
(6) to employ an administrator for the fund;
(7) to contract with other persons or public bodies of this State for the use of services or facilities necessary, useful or incident to the opera tion of the fund;
(8) to employ legal counsel;
(9) to execute other contracts necessary or desirable in the operation of the fund;
(10) to pay dividends to its members; and
(11) to purchase insurance including fiduciary liability insurance for its trustees.

114-606a. Application. (1) Application for approval of the fund shall be made to the State Board of Workers' Compensation at least forty-five days prior to the desired effective date of coverage. The application shall be made on a form prescribed by the State Board of Workers' Compensa tion and shall contain answers to all questions propounded and shall be sworn to.
(2) The application, as submitted by the trustees of the fund, shall be accompanied by:
(a) Individual application of each member of the group applying for coverage in the fund on the inception date of the fund.
(b) Current financial statement of each member and the fund. The fund shall establish in the application its financial capacity to pay nor mal compensation claims promptly and to meet its obligations under the Act.

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(c) The fund shall establish in the application its ability to meet the administrative obligations under the Act either with its own personnel or with outside administrators.
(d) A set of bylaws or rules which shall govern the operation of the fund.
(e) A copy of the intrastate agreement executed by all participating members.
(3) After the inception date of the fund, prospective new members of the fund shall submit an application for membership to the Board on a form prescribed by the State Board of Workers' Compensation. The Board or administrator must approve the application for membership in accordance with the rules, regulations and bylaws of the fund for the ap plication to become binding upon the fund and the prospective member. The application for membership shall then be filed with the State Board of Workers' Compensation.
(4) In considering the financial capacity of the fund to pay workers' compensation obligations promptly, the State Board of Workers' Com pensation will take into consideration contracts or policies of excess liability insurance or other measures of financial capacity.
114-607a. Minimum Security Deposit or Bond for Group Funds and Contracts for Excess Insurance. (1) Each fund shall deposit with the State Board of Workers' Compensation acceptable securities, or post a surety bond issued by a corporate surety authorized to do business in the State of Georgia, or make such other provision as may be approved by the State Board of Workers' Compensation, in such amount as may be deter mined by the State Board of Workers' Compensation.
(2) Excess liability insurance with liability limits and retention amounts acceptable to the State Board of Workers' Compensation may be requested as a condition of approval of any fund as hereinafter provid ed.
114-608a. Independent Audits. The board of a fund shall file the results of an independent audit including financial status and projected workers' compensation obligation of the fund with the State Board of Workers' Compensation once each year. Such audits shall be conducted by independent auditors approved by the State Board of Workers' Com pensation. Such audits shall be made available by the board of such fund to the participating members. The State Board of Workers' Compensa tion shall have the right to inspect the books and records of the fund and each participating member during normal business hours.
114-609a. Share of Expenses. Each fund shall remain liable for its share of the expenses of the State Board of Workers' Compensation as an employer under Section 114-717 of the Code of Georgia.
114-610a. Rules and Regulations. The State Board of Workers' Com pensation is empowered to promulgate rules and regulations for carrying out the provisions of this Chapter."

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179

Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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, but in no event earlier than January 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th offered the following amendment:

Amend the substitute to SB 250 offered by the Senate Committee on In dustry, Labor and Tourism as follows:
By deleting the words "may be requested" from line 29, Page 7 and ad ding "shall be required" thereunto;
and
by adding to line 31, Page 7 the following words:
"excepting counties, municipalities, and school boards."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

All god Ballard
Barker

Barnes Bell
Bond

Broun of 46th Brown of 47th
Bryant

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Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway

Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Paulk Reynolds Riley

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

Those not voting were Senators:
Brantley Littlefield Overby Tysinger
On the passage of the bill, the yeas were 51, nays 0.

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

Senator Fincher of the 54th introduced the doctor of the day, Dr. William McDaniel, of Dalton, Georgia.

The following general resolution of the Senate, having been read the third time on January 21 and postponed until January 22, was put upon its adoption:

SR 95. By Senators Scott of the 43rd and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that antique automobiles shall con stitute a separate class from other motor vehicles and may be taxed on a basis other than ad valorem in such manner as the General Assembly shall determine; to provide for the submission of this amendment for ratification or rejection.

Senator Scott of the 43rd moved that SR 95 be committed to the Senate Committee on Banking, Finance and Insurance.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 95 was committed to the Senate Committee on Banking, Finance and Insurance.

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181

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

SB 329. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, as amended, so as to authorize the board to provide coverage for dental ser vices.

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

On the 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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill Paulk Reynolds

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

Those not voting were Senators:
Brantley Fincher of 52nd Hudgins Littlefield Overby Tysinger
On the passage of the bill, the yeas were 49, nays 0.

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

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SB 330. By Senator Kidd of the 25th:
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, as amended, so as to provide for the investment of moneys in the health in surance fund by the Department of Administrative Services; to authorize the board to contract with health maintenance organizations.

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

On the 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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill Paulk

Those not voting were Senators:

Brantley Hudgins

Littlefield Overby

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

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

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

SB 331. By Senator Kidd of the 25th:
A bill to amend an Act relating to health insurance coverage for state employees, as amended, so as to authorize the State Personnel Board to ex ecute contracts with health maintenance organizations.

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183

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

On the 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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester

McGill Paulk Reynolds Riley Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Brantley Hudgins Littlefield

Overby Robinson

Russell Tysinger

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

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

SB 332. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the Department of Administrative Ser vices 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, so as to change the automobile mileage allowance rate.

Senators Broun of the 46th and Starr of the 44th offered the following amendment:

Amend SB 332 by striking on Page 2, lines 1 and 7, the figure "20" and inserting in lieu thereof the figure " 18";
and

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by renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. This Act shall become effective when funds are ap propriated for carrying out the provisions thereof.";
and
by adding on Page l,line 12 after the word "thereto;" the following:
"to provide an effective date;".

On the adoption of the amendment, the yeas were 36, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:
Brantley Overby Timmons Tysinger
On the passage of the bill, the yeas were 51, nays 0.

McGill Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Walker Wessels

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185

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

SB 337. By Senator Kidd of the 25th:
A bill to amend an Act providing and fixing minimum salaries for judges of the probate courts of the various counties within the State of Georgia so as to change the amounts of compensation paid judges of the probate court for performing certain additional duties; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Walker Wessels

Voting in the negative was Senator Bryant.

Those not voting were Senators:

Barnes Brantley

Land Overby

Timmons Tysinger

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

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SB 346. By Senator Kidd of the 25th:
A bill to amend an Act relating to a health insurance plan for state employees, as amended, so as to authorize the board to provide coverage for dental services.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield

McGill Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Walker Wessels

Those voting in the negative were Senators:

Barnes Brantley Land

Overby Paulk Summers

Timmons Tysinger

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

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

SB 359. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act regulating the practice of professional sanitarians, as amended, so as to provide for the appointment and qualification of an addi tional member to the Georgia Board of Registered Professional Sanitarians.

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187

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Hill
Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill

Paulk Reynolds Riley
Robinson Russell Scott Starr Stephens Summers Tate Thompson Timmons Turner Walker Wessels

Voting in the negative were Senators Land, Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Dean

Evans Greene Overby

Tysinger

On the passage of the bill, the yeas were 45, nays 3. The bill, having received the requisite constitutional majority, was passed.

SB 360. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975", as amended, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Geologists.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis
Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield

McGill Paulk Reynolds
Riley Robinson Russell Scott Starr Stephens Summers Tate Thompson Turner Walker

Voting in the negative were Senators Land, Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Evans

Holloway Overby Timmons

Tysinger Wessels

On the passage of the bill, the yeas were 44, nays 3. The bill, having received the requisite constitutional majority, was passed.

SB 361. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21, relating to professional engineers and land surveyors, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Engineers and Land Surveyors.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard

Barker Bell

Bond Broun of 46th

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189

Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

Paulk Reynolds Riley Robinson Russell Scott Starr Summers Tate Thompson Timmons Turner Walker

Those voting in the negative were Senators:
Land Stumbaugh Sutton

Those not voting were Senators:

Barnes Brantley Littlefield

Overby Stephens Tysinger

On the passage of the bill, the yeas were 45, nays 3.

Wessels

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

SB 362. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the development of water well stan dards and creating the Water Well Standards Advisory Council, as amend ed, so as to provide for the appointment and qualification of an additional member to the Water Well Standards Advisory Council.

The Senate Committee on Governmental Operations offered the following amend ment:
Amend SB 362 by deleting on Page 2, line 4, "Section 3.", and by inser ting in lieu thereof the following:
"Section 2."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill

Reynolds Riley Robinson Russell Scott Starr Stephens Tate Timmons Turner Walker Wessels

Voting in the negative were Senators Fincher of 54th, Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Holloway

Johnson Littlefield Overby

Summers Thompson Tysinger

On the passage of the bill, the yeas were 43, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 363. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Marriage and Family Counselor Act", as amended, so as to provide for the appointment and qualification of an ad ditional member to the Georgia Marriage and Family Counselor Licensing Board.

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191

Senator Greene of the 26th offered the following substitute to SB 363:

A BILL
To be entitled an Act to amend an Act known as the "Marriage and Family Counselor Licensing Act," approved March 24, 1976 (Ga. Laws 1976, p. 659), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 892), so as to provide that certain persons licensed thereunder shall be considered as and may hold themselves out as marriage and family therapists and that such persons shall be considered as and may hold themselves out as performing marriage and family therapy; to delete certain advertising prohibitions; to change the membership of the board so as to provide for a consumer member and the appointment, qualifications and term thereof; to provide for the removal of the consumer member and the filling of vacancies in such position; to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to change quorum and voting requirements; to pro hibit certain board members from passing on or examining certain ap plicants; to change the expenses and allowances of the board; to correct cer tain dates; to provide for minimum fees and their refunds; to provide for continuing education requirements; to provide for license display; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Marriage and Family Counselor Licensing Act," approved March 24, 1976 (Ga. Laws 1976, p. 659), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 892), is hereby amended by adding at the end of subsection (a) of Section 3 thereof the following:
"Any person duly licensed as a marriage and family counselor under this Act shall be considered for all purposes a marriage and family therapist and may hold himself out as such.",
so that when so amended said subsection (a) shall read as follows:
"(a) 'Licensed marriage and family counselor' means an individual to whom a license has been issued pursuant to the provisions of this Act, which license is in force and not suspended or revoked as of the par ticular time in question. Any person duly licensed as a marriage and family counselor under this Act shall be considered for all purposes a marriage and family therapist and may hold himself out as such."
Section 2. Said Act is further amended by adding at the end of subsec tion (b) of Section 3 thereof the following:
"Any person duly licensed as a marriage and family counselor under this Act who performs marriage and family counseling shall be con sidered for all purposes as performing marriage and family therapy and may hold himself out as so performing.",

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so that when so amended said subsection (b) shall read as follows:
"(b) 'Marriage and family counseling' means the rendering of pro fessional marriage and family counseling services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. 'Marriage and family counseling' is a specialized field of counseling which centers largely upon the family relationship and the relationship between husband and wife. It also includes premarital counseling, sexual counseling and therapy, predivorce and postdivorce counseling and family counseling. 'Marriage and family counseling' consists of the application of principles, methods and techniques of counseling and psychotherapeutic techniques for the purpose of resolving psychological conflict, modifying perception and behavior, altering old attitudes and establishing new ones in the area of marriage and family life. Any person duly licensed as a marriage and family counselor under this Act who performs marriage and family counseling shall be considered for all purposes as performing marriage and family therapy and may hold himself out as so performing."
Section 3. Said Act is further amended by striking from Section 4 thereof the following:
"No person licensed under this Act shall advertise by newspaper, magazine, radio, television or billboards that he or she is a licensed mar riage and family counselor.",
so that when so amended said Section 4 shall read as follows:
"Section 4. Authorized representation; prohibited representation. Commencing January 1, 1977, no person who is not licensed under this Act shall advertise the performance of marriage and family counseling services or represent himself to be a licensed practicing marriage and family counselor, or use a title or description such as 'marriage counselor, advisor or consultant' or 'family counselor, advisor or counsultant,' or any other name, style or description denoting that the person so engages in marriage and family counseling. Except as otherwise specifically provided in this Act, only a person licensed under this Act shall advertise himself, purport or describe himself as offering marriage or family counseling services. The use by an individual who is not licens ed under this Act of such titles, descriptions or terms representative of a marriage and family counselor is prohibited by this Act only when in connection with the practice of marriage and family counseling as defin ed in Section 3(b) of this Act. The use of such titles, descriptions or terms in connection with professional activities other than the rendering of pro fessional marriage and family counseling services to individuals for a fee, monetary or otherwise, shall not be construed as implying that a person is licensed under this Act or as the practice of marriage and family counseling."
Section 4. Said is further amended by striking from subsection (a) of Section 6 thereof the following:
"seven members",

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193

and inserting in lieu thereof the following:
"eight members",
so that when so amended said subsection (a) shall read as follows:
"(a) There is hereby created a Georgia Marriage and Family Counselor Licensing Board which shall consist of eight members who are residents of this state, four of whom shall be practicing marriage and family counselors."

Section 5. Said Act is further amended by striking in its entirety subsec tion (c) of Section 6 thereof, which reads as follows:
"(c) The members of the board shall represent at least three profes sional disciplines, which means that they are either marriage counselors, social workers, psychiatric nurse specialists, psychologists, physicians, attorneys at law, or members of the clergy. They shall be appointed by the Governor and confirmed by the Senate, immediately after the effec tive date of this Act. The terms of the first seven members of the board shall expire as follows: two members, December 31, 1977; two members, December 31, 1978; three members, December 31, 1979. Thereafter, each member of the board shall be appointed for a term of three years. If, before the expiration of his term, any member shall die, resign, become disqualified or otherwise cease to be a board member, the vacancy shall be filled by the Governor by appointment for the unexpired term.",
and inserting in lieu thereof the following:
"(c) The members of the board, other than the consumer member ad ded in subsection (f) of this section, shall represent at least three profes sional disciplines, which means that they are either marriage counselors, social workers, psychiatric nurse specialists, psychologists, physicians, attorneys at law, or members of the clergy. All members shall be ap pointed by the Governor and confirmed by the Senate and, unless other wise provided, shall serve for terms of three years and until their suc cessors are appointed and qualified. Vacancies on the board shall be fill ed by the Governor's appointment of a successor to serve out the unex pired term."

Section 6. Said Act is further amended by adding at the end of Section 6 thereof the following new subsections (f) and (g) to read as follows:
"(f) There is hereby added to the board a consumer member who shall not be a marriage and family counselor licensed under this Act and shall not represent any of the professional disciplines enumerated in subsection (c) of this section. The initial term of such consumer member shall begin July 1, 1980, and end June 30, 1983, upon the appointment and qualification of a successor; and successive appointments shall be for a term of three years. The consumer member shall be appointed, remov ed, and any vacancy in such position shall be filled in the same manner as provided for any other member of the board.

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(g) Pursuant to Section 9 of 'The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies,' ap proved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia Marriage and Family Counselor Licensing Board and the laws relating thereto are hereby continued until July 1, 1982, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that ter mination period, the powers or authority of the board shall not be reduc ed or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 7. Said Act is further amended by striking from the first paragraph of subsection (b) of Section 7 thereof the following:
"Four members of the board shall constitute a quorum and no action at any meeting shall be taken without at least three votes in accord.",
and inserting in lieu thereof the following:
"Five members of the board shall constitute a quorum and no action at any meeting shall be taken without at least four votes in accord.",
and by adding before the period at the end of the first paragraph of subsec tion (b) of Section 7 the following:
"; provided, no board member shall examine or pass on the qualifications of any applicant for licensure under this Act in any case in which that board member has professionally supervised that applicant",
so that when so amended said first paragraph of subsection (b) shall read as follows:
"Within 30 days after its appointment, the board shall meet on call by the joint secretary of the State Examining Boards. The board shall elect from its members a chairman and secretary and such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The board shall hold at least one regular meeting each year, but additional meetings may be held upon the call of the chairman or at the written request of any two members of the board. Five members of the board shall constitute a quorum and no action at any meeting shall be taken without at least four votes in accord. The board shall, from time to time, adopt such rules and regulations as it may deem necessary to enable it to perform its duties and to carry into effect the provisions of this Act. The board shall examine and pass on the qualifications of all ap plicants for licenses under this Act and shall issue a license to each qualified successful applicant therefor attesting to his professional qualifications to engage in the practice of marriage and family counsel ing: provided, no board member shall examine or pass on the qualifica tions of any applicant for licensure under this Act in any case in which that board member has professionally supervised that applicant."

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195

Section 8. Said Act is further amended by striking in its entirety the second paragraph of subsection (b) of Section 7 thereof, which reads as follows:
"Board members shall serve without compensation but shall be reim bursed for actual expenses reasonably incurred in the State of Georgia in the performance of their duties as members of the board. The expenses shall apply only to 12 days in each fiscal year.",
and inserting in lieu thereof the following: .
"Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. No member shall receive the allowances and expenses provided herein for more than 12 days in each fiscal year."
Section 9. Said Act is further amended by striking from subsection (b) of Section 9 thereof the following, wherever it may appear:
"1977",

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

so that when so amended said subsection (b) shall read as follows:
"(b) Any person already licensed or certified by January 1, 1978, in this state in a professional discipline cited in Section 5(b), provided he ap plies for a license prior to January 1, 1978, and meets the qualifications set forth in Section 8, shall be deemed qualified as a marriage and family counselor and may be issued a license hereunder."
Section 10. Said Act is further amended by striking from the first paragraph of Section 10 thereof the following:
"1977",

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

so that when so amended said first paragraph of Section 10 shall read as follows:
"Any person applying to the board after January 1, 1978, shall be authorized to take the examination prescribed by the board if he meets

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the qualifications set forth in Section 8 above and provides evidence satisfactory to the board that he has met educational and experiential qualifications as follows:"
Section 11. Said Act is further amended by striking from Section 13 thereof the following:
"$25.00 and not more than $ 100.00",
and inserting in lieu thereof the following:
"$75.00",
and by adding at the end of Section 13 the following:
"Any such fees may be refunded for good cause, as shall be determin ed by the board.",
so that when so amended said Section 13 shall read as follows:
"Section 13. Fees. The board is empowered to establish and charge reasonable fees not less than $75.00 for the administration of applica tions, examinations, issuance of licenses and renewal of licenses. Such fees shall be commensurate with the cost of carrying out the provisions of this Act. Any such fees may be refunded for good cause, as shall be deter mined by the board."
Section 12. Said Act is further amended by adding at the end of Sec tion 14 thereof the following:
"The board is authorized to develop continuing education re quirements and to provide that such requirements be met before a license may be renewed.",
so that when so amended said Section 14 shall read as follows:
"Section 14. Renewal of registration. Every licensed marriage and family counselor shall, at a time prescribed by the joint secretary, apply to said joint secretary for a renewal of his license and pay a renewal fee to be determined by the board. The joint secretary shall determine the ex piration, renewal and penalty dates with respect to periodic licensing. The board shall provide for the duration of such license but such license shall be valid for not less than one year nor more than five years. The board shall provide for reasonable penalty fees for late renewal. The board may, in its discretion, revive and extend a lapsed license upon the payment of all past unpaid renewal fees and penalties provided herein. The board is authorized to develop continuing education requirements and to provide that such requirements be met before a license may be renewed."
Section 13. Said Act is further amended by adding between Sections 14 and 15 thereof a new Section 14.1 to read as follows:
"Section 14.1. License display. The holder of any license issued under this chapter shall display the license in a conspicuous place in such person's principal office or place of business."

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197

Section 14. All laws and parts of laws in confjict with this Act are hereby repealed.

Senator Greene of the 26th offered the following amendment:

Amend the substitute to SB 363 offered by Senator Greene of the 26th by striking on Page 1, line 9 the following:
"to delete certain advertising prohibitions;"
and
by striking Section 3 in its entirety.

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Littlefield McGill Paulk

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

Voting in the negative were Senators Coverdell and Stumbaugh.

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Those not voting were Senators:

Barnes Brantley

Johnson Land

Overby Tysinger

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 364. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act creating the Georgia State Board of Physical Therapy, so as to provide for the appointment and qualification of an addi tional member to the Board.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th
Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Foster Gillis Greene Hill Holloway Horton
Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield

McGill Paulk Reynolds Riley Robinson Russell
Scott Starr Stephens Summers Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:
Fincher of 54th Stumbaugh Sutton

TUESDAY, JANUARY 22, 1980

199

Those not voting were Senators:

Barnes Brantley Fincher of 52nd

Johnson Overby Tate

Tysinger

On the passage of the bill, the yeas were 45, nays 3.

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

SB 365. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Registration of Foresters, as amended, so as to provide for the appointment and qualification of an ad ditional member to the Board.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond
Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard Hudgins
Hudson Kennedy Kidd Land Langford

Lester Littlefield McGill Paulk Reynolds
Russell Scott Starr Stephens Summers
Tate Timmons Turner Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes
Brantley Johnson

Overby
Riley Robinson

Thompson Tysinger

200

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 45, nays 2.

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

SB 366. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to the Georgia Board of Athletic Trainers, so as to provide for the appointment and qualification of an additional member to the Board.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford

Lester Littlefield McGill Paulk Reynolds Riley Russell Scott Starr Tate Thompson Timmons Turner Walker

Those voting in the negative were Senators:

Dean Stumbaugh Sutton

Those not voting were Senators:

Barnes Brantley Johnson Land

Overby Robinson Stephens Summers

Tysinger Wessels

On the passage of the bill, the yeas were 42, nays 3.

TUESDAY, JANUARY 22, 1980

201

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

SB 367. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating a Board of Polygraph Examiners, as amend ed, so as to provide for the appointment and qualification of an additional Board member.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Bell Bond Broun of 46th Brown of 47th
Bryant Carter
Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster
Gillis Greene Hill Holloway
Horton Howard
Hudgins Hudson Kennedy Kidd Langford Lester

McGill Paulk Reynolds
Riley Robinson Russell Scott
Summers Tate
Thompson Timmons Turner Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes
Brantley Johnson

Land
Littlefield Overby

Starr
Stephens Tysinger

On the passage of the bill, the yeas were 44, nays 2. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

SB 368. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to provide for the appointment and qualification of an addi tional member to the Georgia Board of Examiners of Licensed Practical Nurses.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Paulk Reynolds

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

Voting in the negative was Senator Evans.

Those not voting were Senators:

Barnes Brantley Johnson

Land Littlefield Overby

Stumbaugh Tysinger

On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 22, 1980

203

SB 369. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Barber Act", relating to the Georgia State Board of Barbers, as amended, so as to provide for the ap pointment and qualification of an additional member to the Georgia State Board of Barbers.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Summers Tate Thompson Timmons Turner Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes. Brantley Johnson

Land Littlefield Overby

Tysinger

On the passage of the bill, the yeas were 46, nays 2.

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

SB 370. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act establishing a State Board for the Certification of Librarians, as amended, so as to provide for the appointment and qualifica tion of an additional member to the Board.

204

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 Barker Bell Bond
Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester

McGill Paulk Reynolds Riley Robinson
Russell Scott Starr Stephens Tate Thompson Timmons Turner Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Johnson

Land Littlefield Overby

Summers Tysinger

On the passage of the bill, the yeas were 45, nays 2. The bill, having received the requisite constitutional majority, was passed.

SB 3 71. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act creating the Board of Recreation Examiners of the State of Georgia, as amended, so as to provide for the appointment and qualification of an additional member to the Board.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, JANUARY 22, 1980

205

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

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Langford Lester McGill

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Tate Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:
Ballard Stumbaugh Sutton

Those not voting were Senators:

Barnes Brantley Hudgins

Land Littlefield Overby

On the passage of the bill, the yeas were 45, nays 3.

Tysinger

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

SB 372. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the Georgia State Occupational Therapy Licensing Act, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Oc cupational Therapy.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

206

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:
Hill Stumbaugh Sutton

Those not voting were Senators:

Barnes Brantley Brown of 47th

Land Littlefield Overby

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

Tate Tysinger

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

SB 374. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensure of applied psychologists, as amended, so as to provide for the appointment and qualification of an ad ditional member to the State Board of Examiners of Psychologists.

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

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

TUESDAY, JANUARY 22, 1980

207

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Bell Bond Broun of 46th Brown of 47th
Bryant Carter
Cobb Coverdell
Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster
Gillis Greene Hill Horton
Howard Hudson
Johnson Kennedy
Kidd Lester McGill

Paulk Reynolds Riley
Robinson Russell Scott Starr
Stephens Summers
Tate Thompson
Timmons Turner Walker

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Holloway Hudgins

Land Langford Littlefield Overby

Tysinger Wessels

On the passage of the bill, the yeas were 43, nays 2.

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

SB 375. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", as amended, so as to provide for the appointment and qualification of an additional member to the State Board of Examiners of Certified Water and Wasterwater Treatment Plant Operators.
The report of the committee, which was favorable to the 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 Bell Bond
Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester

McGill Paulk Reynolds Riley Russell
Scott Starr Stephens Summers Thompson Timmons Turner Walker

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Land Langford

Littlefield Overby Robinson Tate

Tysinger Wessels

On the passage of the bill, the yeas were 43, nays 2.

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

SB 376. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to provide for the qualification and ap pointment of an additional member to the Board of Veterinary Medicine; to provide procedures connected with the foregoing.

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

On the passage of the bill, a roll was taken, and the vote was as f ollows:

Those voting in the affirmative were Senators:

Allgood Ballard

Barker Bell

Bond Broun of 46th

TUESDAY, JANUARY 22, 1980

209

Brown of 47th Bryant Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene

Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester McGill Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Thompson Turner Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Carter Langford

Littlefield Overby Summers Tate

Timmons Tysinger

On the passage of the bill, the yeas were 43, nays 2.

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

SB 377. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-2, as amended, so as to provide for the ap pointment of an additional member to the State Board of Accountancy.

The Senate Committee on Governmental Operations offered the following amend ment:
Amend SB 377 by deleting on Page 1, line 25, the following:
"Sections."
and by inserting in lieu thereof the following:
"Section 2."

On the adoption of the amendment, the yeas were 40, 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.

210

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester

McGill Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Tate Thompson Turner Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Barnes Brantley Evans

Langford Littlefield Overby

Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 2.

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

SB 378. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-5, relating to the regulation of chiroprac tic and the Board of Chiropractic Examiners, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Chiropractic Examiners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, JANUARY 22, 1980

211

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester McGill

Paulk Reynolds Riley Robinson Russell Scott Starr Summers Sutton Tate Thompson Turner Walker Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Barnes Brantley Langford

Littlefield Overby Stephens

Timmons Tysinger

On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requiste constitutional majority, was passed.

SR 235. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide for the profiling and introduction of bills and resolutions by members of the General Assembly at times when the General Assembly is not in regular ses sion; to provide for the submission of this amendment for ratification or re jection.
Senator Kidd of the 25th moved that SR 235 be postponed until January 24.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 235 was postponed until January 24.

212

JOURNAL OF THE SENATE,

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

At 12:35 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 23, 1980

213

Senate Chamber, Atlanta, Georgia Wednesday, January 23, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 717. By Representative McKinney of the 35th: A bill to amend Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries.
HB 773. By Representatives Snow of the 1 st and Evans of the 84th: A bill to amend Code Section 27-1901, relating to demand by accused for trial, so as to require written notice of demand to be served upon the pro secuting attorney and to make other changes relative to such demands for trial.
HB 919. By Representatives Tolbert, Johnston and Mangum of the 56th and Carnes of the 43rd: A bill to require each State agency to annually update its mailing lists; to define a certain term; to prohibit a State agency from mailing publications or materials to previously elected State officers who are no longer in office except upon written request.

214

JOURNAL OF THE SENATE,

HB 1139. By Representative Johnson of the 74th:
A bill to amend Code Section 91 A-1013, relating to time for making tax returns, so as to provide that in certain counties the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year.

HB 1218. By Representatives Snow of the 1st, Culpepper of the 98th, Murray of the 116th and others:
A bill to amend Code Title 22, relating to corporations, so as to authorize the board of directors to adopt a resolution providing that the shares of any preferred or special class may be divided into and issued in series if the ar ticles of incorporation have not established a series and fixed and determin ed the variations in the relative rights and preferences as between series.

HB 1234. By Representatives Richardson of the 52nd, Johnston of the 56th, Vandiford of the 53rd and others:
A bill to abolish the office of coroner of DeKalb County; to create the office of medical examiner of DeKalb County; to prescribe the eligibility re quirements for medical examiner of DeKalb County; to provide for the selec tion and term of office of the medical examiner of DeKalb County.

HB 1242. By Representatives Hatcher of the 131st, Parkman of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to amend an Act providing for the merger of the then existing indepen dent school system of the City of Albany and the then existing school district of the County of Dougherry lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945.

HB 1243. By Representatives Hatcher of the 131st, Hutchinson of the 133rd and Parkman of the 134th:
A bill to amend an Act to create the Albany-Dougherty Inner City Authori ty, so as to change the method of appointment of the members of the Authority.

HB 1248. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County, so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.

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

WEDNESDAY, JANUARY 23, 1980

215

HR 470. By Representatives Burton of the 47th, Linder of the 44th, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city.

HR 473. By Representatives Richardson of the 52nd, Johnston of the 56th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of coroner of DeKalb County and the creation of the office of medical examiner of DeKalb County.

HR 476. By Representatives Birdsong of the 103rd and Baugh of the 108th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Danville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 459. By Senators Fincher of the 54th, Gillis of the 20th, Broun of the 46th and others:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Member ship in said system; to provide for a Board of Trustees of said system and for the administration of its affairs", as amended, so as to change the provisions relative to the composition of the Board of Trustees; to provide an effective date. Referred to Committee on Retirement.
SB 460. By Senators Sutton of the 9th, Cobb of the 28th, Turner of the 8th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide that under certain conditions the Board may require a waiver by an applicant for membership in the Fund to disability benefits. Referred to Committee on Retirement.
SB 461. By Senator Timmons of the 11 th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Miller County into the office of the tax commissioner of Miller County so as to change the compensation provisions relating to the tax com missioner; to provide an effective date. Referred to Committee on Community Affairs.

216

JOURNAL OF THE SENATE,

SB 462. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the tax collector of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation. Referred to Committee on Community Affairs.

SB 463. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the tax receiver of Jones County known as the fee system; to provide in lieu thereof an annual salary: to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county. Referred to Committee on Community Affairs.
SB 464. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county. Referred to Committee on Community Affairs.

SB 465. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change the provisions relating to the compen sation and travel expenses of members of the board; to change the provisions relating to purchases and bids; to provide an effective date.
Referred to Committee on Community Affairs.

SB 466. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the probate court of Jones County known as the fee system; to pro vide in lieu thereof an annual salary, as amended, so as to repeal the provi sions relating to the employment of personnel by the judge of the probate court.
Referred to Committee on Community Affairs.

SB 467. By Senators Kidd of the 25th, Summers of the 53rd and Reynolds of the 48th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to require the .delivery of certificates of title from the transferor to the transferee within a specified time.
Referred to Committee on Transportation.

WEDNESDAY, JANUARY 23, 1980

217

SB 468. By Senator Scott of the 43rd:
A bill to amend Code Section 56-712, relating to the continuation of defini tions of unfair methods and practices, as amended, so as to provide that it shall be an unfair and deceptive act or practice to terminate, modify, or refuse to issue or renew any property or casualty policy or contract of in surance solely because the applicant or insured or any employee is either mentally or physically impaired.
Referred to Committee on Banking, Finance and Insurance.

SB 469. By Senators Lester of the 23rd, Gillis of the 20th, Riley of the 1st and others:
A bill to amend Code Title 91A known as the Georgia Public Revenue Code so as to authorize a program of homestead ad valorem tax deferrals for the elderly; to provide a short title; to define certain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for defer red taxes and interest; to specify application procedures; to require certain notices.
Referred to Committee on Banking, Finance and Insurance.

SB 470. By Senators Lester of the 23rd, Holloway of the 12th, Gillis of the 20th and others:
A bill to provide for the investment of idle public funds of local govern ments; to provide a short title; to state findings and purpose; to define cer tain terms; to authorize certain investments of local funds; to place certain conditions upon investment of local funds; to authorize interfund pooling under certain circumstances.
Referred to Committee on Banking, Finance and Insurance.

SB- 471. By Senators Lester of the 23rd, Riley of the 1st, Tate of the 38th and others:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act", as amended, so as to require every banking or financial organization to report and deliver unclaimed property to the state revenue commissioner; to provide for the filing of initial reports.
Referred to Committee on Banking, Finance and Insurance.

SB 472. By Senator Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for certain creditable service; to provide for other matters relative thereto. Referred to Committee on Retirement.

SB 473. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act known as the "Georgia Firefighter Standards and Training Act", as amended, so as to provide for minimum requirements of professional competence for personnel assigned to protect certain airports located in state.
Referred to Committee on Governmental Operations.

218

JOURNAL OF THE SENATE,

SB 474. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act providing for a health insurance plan for state employees, as amended, so as to provide for the continuance, discontin uance, or resumption of health insurance coverage for the spouse of an employee who dies after retirement.
Referred to Committee on Governmental Operations.

SB 475. By Senator Horton of the 17th:
A bill to amend Code Section 34-604, relating to deputy voter registrars, as amended, so as to provide that the president or other chief executive officer of each accredited institution of higher learning may be a deputy to the Board of Registrars of each county under certain conditions.
Referred to Committee on Governmental Operations.

SB 476. By Senator Foster of the 50th:
A. bill to create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, com pensation, qualifications, substitutions and tenure of the office of the judge of said court. Referred to Committee on Judiciary.
SB 477. By Senator Coverdell of the 40th:
A bill to create and establish the Department of Actuarial Services; to establish the office of State Actuary: to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary. Referred to Committee on Retirement.

SB 478. By Senator Kidd of the 25th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide for an increase in membership service based on an experience factor. Referred to Committee on Retirement.

SB 479. By Senator Langford of the 51 st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide that death benefits paid in the form of an annuity for the remaining life of the surviving spouse of an active member sheriff who dies before having terminated his official capacity and service as a sheriff shall be paid in lieu of a return of dues to the member sheriff's spouse rather than in addition to such return of dues.
Referred to Committee on Retirement.

WEDNESDAY, JANUARY 23, 1980

219

SB 480. By Senator Holloway of the 12th:
A bill to implement certain constitutional powers granted to counties and municipalities to maintain and modify retirement or pension systems created by general laws of local application by population classification; to provide for a definition; to provide for home rule powers over certain population Acts in connection therewith.
Referred to Committee on Retirement.

SR 265. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia. Referred to Committee on Public Utilities.

SR 266. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to make grants to local governments and to target tax relief required as a condition of such grants; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 267. By Senators Lester of the 23rd, Riley of the 1st, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to place cer tain limitations upon the period for which tax exemptions may be granted; to provide for exceptions; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

The following bills and resolutions of the House were read the first time and referred to committees:
HB 717. By Representative McKinney of the 35th:
A bill to amend Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating such airports and to prohibit other counties or municipalities from reg ulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries. Referred to Committee on Judiciary.

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HB 773. By Representatives Snow of the 1st and Evans of the 84th:
A bill to amend Code Section 27-1901, relating to demand by accused for trial, so as to require written notice of demand to be served upon the pros ecuting attorney and to make other changes relative to such demands for trial.
Referred to Committee on Judiciary.

HB 919. By Representatives Tolbert, Johnston and Mangum of the 56th, and Carnes of the 43rd:
A bill to require each State agency to annually update its mailing lists; to define a certain term; to prohibit a State agency from mailing publications or materials to previously elected State officers who are no longer in office except upon written request.
Referred to Committee on Governmental Operations.

HB 1139. By Representative Johnson of the 74th:
A bill to amend Code Section 91A-1013, relating to time for making tax returns, so as to provide that in certain counties the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year.
Referred to Committee on Community Affairs.

HB 1218. By Representatives Snow of the 1st, Culpepper of the 98th, Murray of the 116th and others:
A bill to amend Code Title 22, relating to corporations, so as to authorize the board of directors to adopt a resolution providing that the shares of any preferred or special class may be divided into and issued in series if the ar ticles of incorporation have not established a series and fixed and determin ed the variations in the relative rights and preferences as between series.
Referred to Committee on Judiciary.

HB 1234. By Representatives Richardson of the 52nd, Johnston of the 56th, Vandiford of the 53rd and others:
A bill to abolish the office of coroner of DeKalb County; to create the office of medical examiner of DeKalb County; to prescribe the eligibility re quirements for medical examiner of DeKalb County; to provide for the selec tion and term of office of the medical examiner of DeKalb County.
Referred to Committee on Community Affairs.

HB 1242. By Representatives Hatcher of the 131st, Parkman of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to amend an Act providing for the merger of the then existing indepen dent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so

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as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945.
Referred to Committee on Community Affairs.

HB 1243. By Representatives Hatcher of the 131st, Hutchinson of the 133rd and Parkmanof the 134th:
A bill to amend an Act to create the Albany-Dougherty Inner City Authori ty, so as to change the method of appointment of the members of the Authority.
Referred to Committee on Community Affairs.

HB 1248. By Representative Cox of the 141st: A bill to amend an Act creating a Small Claims Court in Decatur County, so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.
Referred to Committee on Community Affairs.
HR 470. By Representatives Burton of the 47th, Linder of the 44th, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city. Referred to Committee on Community Affairs.

HR 473. By Representatives Richardson of the 52nd, Johnston of the 56th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of coroner of DeKalb and the creation of the of fice of medical examiner of DeKalb County.
Referred to Committee on Community Affairs.

HR 476. By Representatives Birdsong of the 103rd and Baugh of the 108th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Danville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city. Referred to Committee on Community Affairs.

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The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 1012. Do pass by substitute. HB 1030. Do pass. HB 1086. Do pass. HB 1127. Do pass. HB 1128. Do pass. HR 450. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

HB 277. HB 206. HB 169. HB 112. SB 223. SB 404.

Do pass by substitute. Do pass. Do pass. Do pass as amended. Do pass as a mended. Do pass by substitute.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

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

SB 326. By Senators Littlefield of the 6th, Eldridge of the 7th and Kennedy of the 4th:
A bill to provide for one additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the

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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 338. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors", as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days.

SB 348. By Senators McGill of the 24th, Foster of the 50th, Walker of the 19th and others:
A bill to amend Code Chapter 72-1, relating to nuisances, as amended, so as to provide that agricultural or farming operations, places, establishments, or facilities shall not be deemed to be a nuisance as a result of changed con ditions in or around the locality of such operation, place, establishment, or facility under certain conditions.

SB 356. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Consumers' Utility Counsel, as amend ed, so as to delete the termination date provided for in said Act.

SB 357. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend the "Fair Employment Practices Act of 1978", so as to delete therefrom the automatic repealer; to provide an effective date.

SB 358. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to authorize the director of the Office of Planning and Budget to adopt rules and regulations for the establishment and maintenance of lists of con tractors, suppliers, and lenders participating in the Residential Conservation Service; to provide an effective date.

SB 400. By Senators Foster of the 50th and McGill of the 24th:
A bill to amend an Act prohibiting the slaughter of horses under certain cir cumstances so as to authorize the Commissioner of Agriculture to waive cer tain requirements in cases in which a horse is in immediate need of destruc tion for humane reasons.

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SB 408. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to authorize the auditing of crime in formation submitted to the Georgia Crime Information Center by local law enforcement agencies.

SB 409. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to create the Organized Crime Prevention Council; to provide for assignment of the council to the Board of Public Safety for administrative purposes; to provide for the members, officers, qualifications, duties, powers, authority, appointments, terms of office, and vacancies.

SB 415. By Senators Russell of the 10th, McGill of the 24th, Walker of the 19th and others:
A bill to regulate the sale, inspection, importation, and distribution of milk and dairy products; to provide a short title; to define certain terms; to pro vide an enforcing official; to provide the powers, duties, and responsibilities of the Commissioner of Agriculture; to provide for reports to be filed with the Commissioner.

SB 418. By Senators Robinson of the 27th and Kidd of the 25th:
A bill to amend an Act relating to the Department of Administrative Ser vices and matters concerning said department, which matters formerly ap pertained to the supervisor of purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on purchases made directly by state departments, agencies, and instrumentalities.

SB 426. By Senators Greene of the 26th, Barnes of the 33rd and Kidd of the 25th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act", as amended, so as to exclude from the recording and reporting re quirements of the Act certain minimal contributions.

SB 429. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend the "Georgia Meat Inspection Act", as amended, so as to provide for inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling.
SB 430. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A bill to amend an Act regulating the buying and selling of livestock and providing for licenses of livestock dealers by the probate court, as amended; to provide an effective date.

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225

SB 431. By Senators Land of the 16th, Robinson of the 27th, Cobb of the 28th and others:
A bill to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the govern ing authority or any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of educa tion, 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.

SR 232. By Senators Hill of the 29th, Ballard of the 45th and Langford of the 51st:
A resolution proposing an amendment to the Constitution so as to create a commission to set the compensation and allowances of the members of the General Assembly of Georgia; to provide for the membership of the commis sion; to provide for the submission of this amendment for ratification or re jection.

SR 233. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to repeal cer tain prohibitions on the sale of intoxicating drinks on election days; to pro vide for the submission of this amendment for ratification or rejection.

HB 1080. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act known as the "Georgia Seed Development Act," so as to remove the Governor from membership on the Georgia Seed Develop ment Commission.

HB 1092. By Representatives Hawkins of the 50th, Phillips of the 91st, Dixon of the 151st and others:
A bill to amend Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential candidates.

HR 432. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A resolution designating the Georgia Agrirama as the State Museum of Agriculture.

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

Allgood Ballard Barker Barnes

Bell Bond Brantley Broun of 46th

Brown of 47th Bryant Carter Cobb

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Coverdell Dean Eldridge English Evans Fincher of 52nd Foster Gillis Greene Hill Holloway Horton Howard Hudgins

Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson

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

Not answering were Senators Fincher of 54th and Russell.

Senator Stumbaugh of the 55th introduced the chaplain of the day, Dr. William W. Pennell, pastor of the Forrest Hills Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR Wednesday, January 23, 1980 TENTH LEGISLATIVE DAY

SB 339. HB 468. HB 553. HB 620. HB 709. HB 845. HR 269.

Grants to Corporations for Charitable Purposes--counties appropriate (S Judy--37th)
Billiard Rooms--change licensing provisions (C Aff--27th)
Providing Information to Professional Health Care Review Organization--immunity from liability (SUBSTITUTE) (Judy--26th)
Condominium Act--7 day waiting period following required disclosure (C Aff--27th)
State Employees' Health Insurance--continuation of coverage certain annuitants (Gov Op--25th)
Drug Related Objects--definitions (AMENDMENT) (C Aff- 16th)
Funds for Tobacco Research--urge not to be reduced (Ag--24th)

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 553. By Representative Russell of the 64th:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as to provide immunity from liability for certain persons for providing in formation to a professional health care review Organization.
Senate Sponsor: Senator Greene of the 26th.

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The Senate Committee on Judiciary offered the following substitute to HB 553:

A BILL
To be entitled an Act to amend Code Title 84, relating to professions, businesses, and trades, so as to provide immunity from liability for certain persons for providing information to a professional health care review organization; to provide legislative intent; to define certain terms; to provide limitations; to provide for confidentiality of certain records; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 84, relating to professions, businesses, and trades, is hereby amended by adding thereto a new Code Chapter, to be designated Code Chapter 84-76, to read as follows:
"CODE CHAPTER 84-76. PEER
REVIEW PROTECTION
84-7601. Legislative intent. It is the intent of the General Assembly to provide protection for those individuals who are members of Peer Review Groups which evaluate the quality and efficiency of professional health care providers and to protect the confidentiality of their records.
84-7602. Definitions. As used in this Chapter:
(a) 'Peer review' means the procedure for evaluation by professional health care providers of the quality and efficiency of services ordered or per formed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, and the compliance of a hospital, nursing home or convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
(b) 'Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia including, but not limited to, the following individuals or organizations:
(1) A physician.
(2) A dentist.
(3) A podiatrist.
(4) A chiropractor.

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(5) An optometrist.
(6) A psychologist.
(7) A pharmacist.
(8) A registered or practical nurse.
(9) A physical therapist.
(10) An administrator of a hospital, a nursing or convalescent home, or other health care facility.
(11) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility.
(c) 'Trade or professional society or association' includes hospital, nurs ing home, medical, psychological, nursing, dental, optometric, phar maceutical, chiropractic, and podiatric organizations having as members at least a majority of the eligible licentiates in the area or health care facility or agency served by the particular society.
(d) 'Review organization' means any committee engaging in peer review established by one or more State or local trade or professional societies or associations to gather and review information relating to the care and treatment of patients by members of such societies or associations for the purposes of (1) evaluating and improving the quality of health care rendered; (2) reducing morbidity or mortality; or (3) establishing and en forcing guidelines designed to keep within reasonable bounds the cost of health care.

84-7603. Immunity from liability, (a) No person providing information to any review organization shall be held, by reason of having provided such information, to have violated any criminal law, or to be civilly liable under any law, unless:
(1) Such information is unrelated to the performance of the duties and functions of such review organization; or
(2) Such information is false and the person providing such informa tion knew, or had reason to believe, that such information was false.
(3) Such information constitutes patient medical records, and such records are furnished to the review committee without ten (10) days' written notice to the patient involved of his right to object to the fur nishing of such records to the committee or such records are furnished notwithstanding such patient's objection, except when such information is furnished for federally mandated utilization review.
(b)(l) No individual who serves as a member or employee of any review organization or who furnishes professional counsel or services to such organization, shall be held by reason of the performance by him of any duty, function, or activity authorized or required of review organiza tions, to have violated any criminal law, or to be civilly liable under any law, provided he has exercised due care.

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229

(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any action taken by any individual if such individual, in taking such action, was motivated by malice toward any person affected by such action.
84-7604. Confidentiality of review organization's records. The pro ceedings and records of a review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action against a professional health care provider arising out of the matters which are the subject of evaluation and review by such committee and no person who was in attendance at a meeting of such committee shall be per mitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such commit tee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof: Provided, however, that information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or used in any such civil action merely because they were presented during proceedings of such committee, nor should any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his knowledge, but the said witness cannot be asked about his testimony before such a committee or opinions formed by him as a result of said committee hearings."
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 Overby of the 49th moved that HB 553 be committed to the Senate Com mittee on Judiciary.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 553 was committed to the Senate Committee on Judiciary.

Senator Holloway of the 12th, President ProTempore, assumed the Chair.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 457. By Representatives Felton of the 22nd, Knight of the 67th, Horton of the 43rd and others:
A bill to establish a uniform procedure for use by counties, and by municipalities of this State having a population of less than 400,000, ac cording to the 1970 Federal Decennial Census or any future such census, in enacting certain ordinances relative to historic sites and structures.

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The Conference Committee Report on HB 457 was as follows:

Mr. President:
Mr. Speaker:
Your Conference Committee on HB 457 has met and submits the following recommendations:
That the House and Senate recede from their positions and that the at tached Conference Committee Substitute to HB 457 be adopted.
Respectully submitted,

FOR THE SENATE:
Isi James L. Paulk Senator, 13th District
1st Paul D. Coverdell Senator, 40th District
Is/ Nathan Dean Senator, 31 st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dorothy Felton Representative, 22nd District
/s/ Nathan G. Knight Representative, 67th District
/s/ W. Randolph Phillips Representative, 91 st District

Conference Committee substitute to HB 457:
A BILL
To be entitled an Act to establish a uniform procedure for use by coun ties and municipalities of this state in enacting certain ordinances relative to historic sites and structures; to provide for a short title; to provide for the legislative purpose; to provide for definitions; to provide for the appoint ment or designation of historic preservation commissions; to provide for the powers of historic preservation commissions; to provide for the designation by ordinance of historic properties or historic districts; to provide for the is suance of certificates of appropriateness to make certain changes in the ap pearance of certain historic properties; to provide procedures for the review of applications for certificates of appropriateness; to provide that certain changes in historic properties shall not be prohibited; to provide penalties; to provide for judicial remedies; to provide for exemptions; 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 GEORGIA:
Section 1. Short title. This Act shall be known and may be cited as the "Georgia Historic Preservation Act."

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231

Section 2. Legislative purpose. In support and furtherance of its find ings and determination that the historical, cultural, and aesthetic heritage of this state is among its most valued and important assets and that the preser vation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people.
In order to stimulate the revitalization of central business districts in Georgia municipalities;
In order to protect and enhance Georgia's historical and aesthetic at tractions to tourists and visitors and thereby promote and stimulate business in Georgia's cities and counties;
In order to encourage the acquisition by cities and counties of facade and conservation easements pursuant to the "Facade and Conservation Easements Act of 1976"; and
In order to enhance the opportunities for federal tax relief of Georgia property owners under the relevant provisions of the "Tax Reform Act of 1976" allowing tax deductions for rehabilitation of certified historic struc tures (26 U.S.C.A. Section 191), the General Assembly hereby declares it to be the purpose and intent of this Act to establish a uniform procedure for use by each county, and by each municipality in the state, in enacting or dinances providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural, or aesthetic interest or value in accordance with the provisions of this Act.

Section 3. Definitions. As used in this Act, unless the context clearly re quires otherwise, the following terms shall have the meanings hereinafter provided:
(1) "Certificate of appropriateness" means a document evidencing approval by a historic preservation commission of a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained before such material change may be undertaken.
(2) "Designation" means a decision by the local governing body of the municipality or county wherein a property or district proposed for preservation is located to designate such property or district as a "historic property" or as a "historic district" and thereafter prohibit all material changes in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the historic preservation commission.
(3) "Exterior architectural features" means the architectural style, general design, and general arrangement of the exterior of a building or other structure, including but not limited to the kind or texture of the building material, and the type and style of all windows, doors, signs, and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing.

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(4) "Historic district" means a geographically definable area, urban or rural, which contains structures, sites, works of art, or a combination thereof which:
(A) have special character or special hh forical or aesthetic interest or value; and
(B) represent one or more periods or styles of architecture typical of one or more eras in the history of the municipality, county, state, or region; and
(C) cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county.
(5) "Historic property" means a structure, site, or work of art, in cluding the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one or more of the following reasons:
(A) it is an outstanding example of a structure representative of its era; or
(B) it is one of the few remaining examples of a past architectural style; or
(C) it is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or
(D) it is a site of natural or aesthetic interest that is continuing to con tribute to the cultural or historical development and heritage of the municipality, county, state, or region.
(6) "Local governing body" means the elected governing body or governing authority of any municipality or county of this state.
(7) "Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following:
(A) a reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements;
(B) demolition of a historic property;
(C) commencement of excavation;
(D) a change in the location of advertising visible from the public way on any historic property; or
(E) the erection, alteration, restoration, or removal of any building

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233

or other structures within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features except ex terior paint alterations.
(8) "Commission" means a historic preservation commission created or established pursuant to the provisions of Section 4 of this Act.
(9) "Historic preservation jurisdiction" in the case of a county means the unincorporated area of such county and in the case of a municipality such term means the area within the corporate limits of such municipali-

(10) "Person" includes any natural person, corporation, or unin corporated association.
Section 4. Appointment or designation of historic preservation com mission. (a) The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetua tion, or use of historic properties of historic districts shall establish or designate a historic preservation commission. Such local governing body shall determine the number of members of the commission, which shall be at least three, and the length of their terms, which shall be no greater than three years. A majority of the members of any such commission shall have demonstrated special interest, experience, or education in history or ar chitecture; all the members shall reside within the historic preservation jurisdiction of their respective municipality or county, except as otherwise provided by subsection (b) hereof; and all shall serve without compensation. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any state or local historical agency, society, or organization.
(b) The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint historic preservation commission. If a joint commission is established, the local governing bodies of the county and municipality or municipalities involved shall determine the residence requirements for members of said joint commission.
Section 5. Powers of historic preservation commission. Any municipal, county, or joint historic preservation commission appointed or designated pursuant to the provisions of Section 4 of this Act shall be authorized to:
(a) Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;
(b) Recommend to the municipal or county local governing body specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts;
(c) Review applications for certificates of appropriateness and grant or deny same in accordance with the provisions of Section 8 of this Act;

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(d) Recommend to the municipal or county local governing body that the designation of any place, district, site, building, structure, or work of art as a historic property or as a historic district be revoked or removed;
(e) Restore or preserve any historic- properties acquired by the municipality or county;
(f) Promote the acquisition by the city or county governing authority of facade easements and conservation easements in accordance with the provi sions of the "Facade and Conservation Easements Act of the 1976" (Ga. Laws 1976, p. 1181);
(g) Conduct an educational program on historic properties located within its historic preservation jurisdiction;
(h) Make such investigations and studies of matters relating to historic preservation as the local governing body or the commission itself may, from time to time, deem necessary or appropriate for the purposes of this Act;
(i) Seek out state and federal funds for historic preservation and make recommendations to the local governing body concerning the most ap propriate use of any funds acquired;
(j) Consult with historic preservation experts in the Historic Preserva tion Section of the Department of Natural Resources or its successor and the Georgia Trust for Historic Preservation, Inc.; and
(k) Submit to the Historic Preservation Section of the Department of Natural Resources or its successor a list of historic properties or historic districts designated as such pursuant to Section 6 of this Act.
Section 6. Designation by ordinance of historic properties or historic districts, (a) Ordinances designating historic properties or historic districts adopted by local governing bodies shall be subject to the following re quirements:
(1) Any ordinance designating any property as historic property or any district as a historic district shall require that the designated proper ty or district be shown on the official zoning map of the county or municipality adopting such ordinance or that, in the absence of an of ficial zoning map, be shown on a map of the county or municipality adopting such ordinance and kept by the county or municipality as a public record to provide notice of such designation in addition to other notice requirements specified by this section.
(2) Any ordinance designating any property as historic property shall describe each property to be designated, set forth the name or names of the owner or owners of the property, and require that a certificate of ap propriateness be obtained from the historic preservation commission prior to any material change in appearance of the designated property.
(3) Any ordinance designating any district as a historic district shall include a description of the boundaries of such district, list each property located therein, set forth the name or names of the owner or owners of

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each such property, and require that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of any structure, site, or work of art located within the designated historic district.
(b) No ordinance designating any property as a historic property, and no ordinance designating any district as a historic district, nor any amend ments thereto, may be adopted by the local governing body, nor may any property be accepted or acquired as historic property by said local govern ing body, until the following procedural steps have been taken:
(1) The commission shall make or cause to be made an investigation and report on the historic, cultural, architectural, or aesthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. This report will then be sub mitted to the Historic Preservation Section of the Department of Natural Resources or its successor which will be allowed 30 days to prepare writ ten comments concerning said report.
(2.) The commission and the local governing body shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published at least three times in the principal newspaper of general cir culation within the municipality or county in which the property or properties to be designated or acquired are located, and written notice of the hearing shall be mailed by the commission to all owners and oc cupants of such properties. All such notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing.
(3) Following the public hearing, the local governing body may adopt the ordinance as prepared, adopt the ordinance with any amend ments it deems necessary, or reject the proposal.
(c) Within 30 days immediately following the adoption of the or dinance, the owners and occupants of each designated historic property and the owners and occupants of each structure, site, or work of art located within a designated historic district, shall be given written notification of such designation by the local governing body, which notice shall apprise said owners and occupants of the necessity for obtaining a certificate of ap propriateness prior to undertaking any material change in the appearance of the historic property designated or within the historic district designated.
Section 7. Certificate of appropriateness required, (a) After the designa tion by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property or of a structure, site, or work of art within such historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission.
(b) The Georgia Department of Transportation and contractors (including cities and counties) performing work funded by the Georgia Department of Transportation are exempt from the provisions of this Act

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and local governments are exempt from the requirement of obtaining cer tificates of appropriateness; however, local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an op portunity to comment.
Section 8. Procedure for review of applications, (a) Prior to reviewing an application for a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected materially by the application and shall give the applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the application.
(b) The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change in ap pearance would not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall con sider, in addition to any other pertinent factors, the historical and architec tural value and significance, architectural style, general design, arrange ment, texture, and material of the architectural features involved and the relationship thereof to the exterior architectural style and pertinent features of other structures in the immediate neighborhood.
(c) In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or use having no effect on exterior architectural features.
(d) The commission shall approve or reject an application for a cer tificate of appropriateness within not more than 45 days after the filing thereof by the owner or occupant of a historic property or of a structure, site, or work of .art located within a historic district. Evidence of approval shall be by certificate of appropriateness issued by the commission. Failure of the commission to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.
(e) In the event the commission rejects an application, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor, in writing, to the applicant. The commission may suggest alter native courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so.
(f) In cases where the application covers a material change in the ap pearance of a structure which would require the issuance of a building per mit, the rejection of an application for a certificate of appropriateness by the commission shall be binding upon the building inspector or other ad ministrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.
(g) The commission may, where such action is authorized by the local governing body and is reasonably necessary or appropriate for the preserva tion of a unique historic property, enter into negotiations with the owner for

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the acquisition by gift, purchase, exchange, or otherwise of the property or any interest therein.
(h) Where, by reason of unusual circumstances, the strict application of any provision of this Act would result in exceptional practical difficulty or undue hardship upon any owner of any specific property, the commission in passing upon applications shall have power to vary or modify strict adherence to said provisions or to interpret the meaning of said provision so as to relieve such difficulty or hardship; provided such variance, modifica tion, or interpretation shall remain in harmony with the general purpose and intent of said provisions so that the architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variations, the commission may impose such reasonable and ad ditional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Act.
(i) The commission shall keep a record of all applications for certificates of appropriateness and of all its proceedings.
(j) Any person adversely affected by any determination made by the commission relative to the issuance or denial of a certificate of ap propriateness may appeal such determination to the governing body of the county or municipality in whose historic preservation jurisdiction the prop erty in question is located; and such governing body may approve, modify and approve, or reject the determination made by the commission if the governing body finds that the commission abused its discretion in reaching its decision. The ordinances adopted in conformity with Section 6 of this Act shall specify the procedures for the review of decisions of the commission by the governing body of the county or municipality involved. Appeals from decisions of said governing body made pursuant to this Act may be taken to the superior court in the manner provided by law for appeals from convic tion for municipal or county ordinance violations.

Section 9. Certain changes not prohibited. Nothing in this Act shall be construed to prevent the ordinary maintenance or repair of any exterior ar chitectural feature in or on a historic property that does not involve a material change in design, material, or outer appearance thereof, nor to pre vent any property owner from making any use of his property not prohibited by other statutes, ordinances, or regulations.
Section 10. Penalties. Violations of any provisions of an ordinance adopted in conformity with this Act shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances.

Section 11. Judicial remedy. The municipal or county local governing body or the historic preservation commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district (except in compliance with the provisions of an ordinance adopted in conformity with this Act) or to prevent any illegal act or conduct with respect to such historic property or historic district.

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Section 12. Exemptions. Cities or counties which, as of March 31, 1980, have adopted ordinances relative to planning and zoning for historic pur poses, under authority granted by local constitutional amendment or by any other means, shall not be required to comply with the provisions of this Act.
Section 13. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sec tions, 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 unconstitu tional.
Section 14. Effective date. This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
Section 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Paulk of the 13th moved that the Senate adopt the Conference Committee Report on HB 457.

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 Bryant Carter Cobb Coverdell Dean Eldridge Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

English Holloway (presiding) Johnson

Littlefield Riley Russell

Tare Wessels

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239

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 457.

Senator Lester of the 23rd introduced the doctor of the day, Dr. Jimpsey Johnson, of Augusta, Georgia.

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

HB 620. By Representatives Twiggs and Colwell of the 4th, Irvin of the 10th and Cox of the 141st:
A bill to amend an Act known as the Georgia Condominium Act so as to change the provisions relating to the seven-day waiting period following re quired disclosure; to change the provisions relating to required contract text.
Senate Sponsor: Senator Robinson of the 27th.

Senator Robinson of the 27th offered the following amendment:
Amend HB 620 by striking on Page 3, line 6 the figures "1979" and in serting in lieu thereof the figures "1980".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge English Evans Fincher of 54th Foster Gillis Greene Hill Horton Howard

Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds

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Robinson Russell Scott Starr Stephens

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Stumbaugh Summers Sutton Tate Thompson

Timmons Turner Tysinger Walker

Those not voting were Senators:

Fincher of 52nd Holloway (presiding)

Johnson Riley

Wessels

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 709. By Representative Buck of the 95th:
A bill to amend an Act providing for a health insurance plan for State employees so as to provide for the continuation of health insurance coverage of certain annuitants.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant
Carter Cobb Coverdell Dean Eldridge Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy
Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Tate
Thompson Timmons Turner Tysinger Walker Wessels

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241

Those not voting was Senators:

English Fincher of 52nd

Holloway (presiding) Johnson

Stumbaugh Sutton

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

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

HB 845. By Representatives Felton of the 22nd, Carnes of the 43rd, Smith of the 42nd and others:
A bill to amend Code Section 79A-811.1, relating to the prohibition of trans actions in certain drug-related objects, so as to change the provisions relating to the definition of a drug-related object.
Senate Sponsor: Senator Land of the 16th.

Senator Stumbaugh of the 55th moved that HB 845 be postponed until January 24.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 845 was postponed until January 24.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 269. By Representative Reaves of the 147th and others: A resolution urging that funds for tobacco research by the United States Department of Agriculture be reduced by the United States Congress.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

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Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th Foster Gillis Greene Hudgins

Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson

Voting in the negative was Senator Tate.

Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Evans Hill

Holloway (presiding) Horton

Howard Johnson

On the adoption of the resolution, the yeas were 48, nays 1.

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

Senator Robinson of the 27th moved that the following resolution of the House be withdrawn from the Committee on Governmental Operations and comitted to the Committee on Defense and Veterans Affairs:
HR 79. By Representatives Wood of the 9th, Hays of the 1st, Bargeron of the 83rd and others: A resolution designating the western edifice of the "Twin Towers" as the "War Veterans Memorial Building".
On the motion, the yeas were 41, nays 0; the motion prevailed, and HR 79 was withdrawn from the Committee on Governmental Operations and committed to the Committee on Defense and Veterans Affairs.

The following general bill of the Senate, having been read the third time on January 21 and postponed until January 23, was put upon its passage:

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243

SB 339. By Senators Evans of the 37th, Riley of the 1st, Overby of the 49th and others:
A bill to authorize the governing authorities of the counties of this State to appropriate money for, and to make grants or contributions to any corpora tion, association, institution or individual for purely charitable purposes conducted within such county.

Senator Lester 23rd offered the following amendment:

Amend SB 339 by adding on Page 1, line 2 after the word "counties" the words "and municipalities"; and
by adding on Page 1, line 5 after the word "county" the words "or munici pality" and after the word "counties" the words "and municipalities"; and
by adding on Page 1, line 8 after the word "counties" the words "and municipalities"; and by adding on Page 1, line 13 after the word "counties" the words "and municipalities"; and
by adding on Page 1, line 14 after the word "counties" the words "and municipalities"; and
by adding on Page 1, line 15 after the word "ordinance" the words "or resolution"; and by adding on Page 1 line 19 after the word "county" the words "or municipality"; and by adding on Page 1, line 24 after the word "county" the word "or municipality"; and by adding on Page 2, line 1 after the word "counties" the words "or municipalities".

On the adoption of the amendment, the yeas were 39, 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 Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge Evans Fincher of 52nd Foster Gillis Greene Horton

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Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh

Those not voting were Senators:

English Fincher of 54th

Hill Holloway (presiding)

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Hudgins

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 468. By Representatives Ham of the 80th and Ross of the 76th: A bill to amend Code Chapter 84-16, relating to billiard rooms, so as to change the provisions relating to licensing of billiard rooms; to provide that licenses shall be issued by the governing authority of the various counties rather than tax collectors. Senate Sponsor: Senator Robinson of the 27th.
Senator Kidd of the 25th offered the following amendment:
Amend HB 468 by placing a period following the word "license" on line 26, Page 4 and striking the remainder of the sentence and paragraph.
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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245

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Horton Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Howard

Hudgins Hudson

Scott Timmons

Those not voting were Senators:

Bryant English

Hill Holloway (presiding)

Summers

On the passage of the bill, the yeas were 44, nays 6.

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

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

At 11:50 o'clock A.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 24, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1167. By Representative Harris of the 8th: A bill to provide supplementary appropriations for the fiscal year ending June 30, 1980, in addition to any other appropriations heretofore or hereafter made for the operation of State government and the purposes pro vided for herein.
HB 116. By Representatives Parham of the 109th and Baugh of the 108th: A bill to amend an Act revising comprehensively the laws relating to sub poenas and other like processes so as to provide for the payment of fees to certain law enforcement officers attending hearings or inquests held or call ed by coroners or attending small claims courts involving criminal matters.
HB 162. By Representatives Nessmith of the 82nd, Reaves of the 147th, Collins of the 144th and others: A bill to require the filing of reports by owners of land located within this State who are not citizens of the United States.
HB 184. By Representative Davis of the 99th: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to requirements for substitute teachers.

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247

HB 776. By Representatives Hatcher of the 131st, Marcus of the 26th, Collins of the 144th and others:
A bill to provide minimum procedures to assist local governments in fiscal matters; to provide a short title "Local Government Fiscal Accountability Assistance Act"; to specify findings and intent; to define certain terms; to re quire local governments to adopt annual budgets; to authorize the appoint ment of budget officers; to provide minimum uniform provisions and pro cedures for budget preparation by certain local governments.

HB 904. By Representative Felton of the 22nd:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide the juvenile courts similar authority over abused children as they possess over deprived children.

HB 1082. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act known as the "Georgia Residential Financial Authority Act," so as to change the maximum amount of bonds and notes which the Authority may have outstanding at any one time.

HB 1100. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level, so as to authorize the judges of the state courts to serve as judges of other state courts under certain circumstances.

HB 1103. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for fire fighters.

HB 1142. By Representatives Moore of the 152nd, Branch of the 137th, Crawford of the 5th and others:
A bill to amend an Act known as the "Georgia Plant Food Act of 1970", so as to redefine the term "registrant"; to change the provisions relating to registration of companies guaranteeing commercial fertilizer.

HB 1163. By Representative Pilewicz of the 41st:
A bill to repeal an Act establishing the State Board of Photographic Ex aminers.

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HB 1166. By Representatives Hasty of the 8th, Ralston of the 7th, Crawford of the 5th and others:
A bill to amend an Act regulating the marketing of eggs, so as to change the contents of the label which must be attached to each case of eggs; to delete provisions for inspection fee stamps.

HB 1205. By Representatives Reaves of the 147th, Patten of the 149th, Hanner of the 130th and Long of the 142nd:
A bill to amend Code Section 5-908, relating to compensation for destroyed bees, hives, and other equipment, so as to change the maximum amount of compensation which may be paid by the Department of Agriculture to Georgia resident beekeepers for destruction of their property for purposes of combating the spread of bee diseases.

HB 1211. By Representatives Lambert of the 112th, Vaughn of the 57th and Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporation Act," so as to change the method of incorporation, amendment of articles of incorporation, and consolidation of electric membership corporations.

HB 1270. By Representative Rowland of the 119th:
A bill providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the terms of the mayor and council of the City of Dublin.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 478. By Representative Johnson of the 74th: A resolution proposing an amendment to the Constitution so as to grant each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District.
HR 481. By Representative Ramsey of the 3rd: 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 Mur ray County shall have jurisdiction.

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

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249

SB 481. By Senator Horton of the 17th:
A bill to amend "The Georgia Public Assistance Act of 1965", as amended, so as to direct the Commissioner of Human Resources to prescribe regula tions under which the county departments of family and children services shall make available to the county boards of family and children services a list of applicants and recipients and all related information.
Referred to Committee on Human Resources.

SB 482. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to change the provisions relating to the payment of certain application and filing fees. Referred to Committee on Transportation.

SB 483. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to require the payment of certain application and filing fees. Referred to Committee on Transportation.

SB 484. By Senator Scott of the 43rd:
A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to provide for certain additional payments to a local operating authority to be used exclusively to increase the compensation of faculty members of the college operated by said local operating authority.
Referred to Committee on Higher Education.

SB 485. By Senator Greene of the 26th:
A bill to amend Code Section 26-1601, relating to burglary, as amended, so as to change the provisions relating to the definition of burglary; to provide for clarification with respect to penalties. Referred to Committee on Judiciary. .

SB 486. By Senator Greene of the 26th:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide an alternate form of service of process in certain cases; to provide for other matters relative to the foregoing. Referred to Committee on Judiciary.

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SB 487. By Senators Coverdell of the 40th, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to delete a provision relative to grants to hospital authorities operating teaching hospitals providing medical education and training for physicians.
Referred to Committee on Human Resources.

SB 488. By Senators Littlefield of the 6th, Hudgins of the 15th, Howard of the 42nd and others:
A bill to amend the "Adequate Program for Education in Georgia Act", as amended, so as to provide that the "Common Minimum Requirements" established by the State Board of Education shall provide for prohibition of routine use of suspension and expulsion as routine disciplinary measures and for alternatives.'
Referred to Committee on Education.

SB 489. By Senators Littlefield of the 6th, Hudgins of the 15th, Howard of the 42nd and others:
A bill to amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide that certain acts, which, if done by an adult, would constitute certain crimes shall be known as "designated felony acts" if committed by a juvenile.
Referred to Committee on Judiciary.

SB 490. By Senator Coverdell of the 40th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to clarify that the City of Atlanta imposed the sales tax levied within its territorial limits.
Referred to Committee on Banking, Finance and Insurance.

SB 491. By Senator Hudson of the 35th:
A bill to amend an Act amending the alcoholic beverages laws and the elec tion laws of Georgia to define election days so as to define the area in which an election is held for the purposes of the prohibition against the giving or furnishing of alcoholic beverages to any person on election days.
Referred to Committee on Consumer Affairs.

SB 492. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law", as amend ed, so as to provide that in any city with a population of 450,000 or more, the two Resident Commissioners appointed by the Mayor shall each have the right to vote upon any and all matters pertaining to said Authority.
Referred to Committee on Community Affairs.

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251

SR 268. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; to provide for submission of this amendment for ratification or rejec tion.
Referred to Committee on Higher Education.

SR 269. By Senator Johnson of the 34th:
A resolution finding and declaring the Atlanta Zoo to be a source of educa tional and cultural value to the entire state and region and authorizing fund ing therefor. Referred to Committee on Community Affaris.

SR 270. By Senators Turner of the 8th, Lester of the 23rd, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to classify property for purposes of ad valorem taxa tion; to provide for submission of this amendment for ratification or rejec tion.
Referred to Committee on Banking, Finance and Insurance.

SR 271. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A resolution to amend a Resolution creating the Georgia Tax Reform Com mission, as amended, so as to add provisions relating to the payment of allowances for certain members of the commission. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and refer red to committees:
HB 116. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend an Act revising comprehensively the laws relating to sub poenas and other like processes so as to provide for the payment of fees to certain law enforcement officers attending hearings or inquests held or called by coroners or attending small claims courts involving criminal mat ters. Referred to Committee on Judiciary.

HB 162. By Representatives Nessmith of the 82nd, Reaves of the 147th, Collins of the 144th and others:
A bill to require the filing of reports by owners of land located within this State who are not citizens of the United States. Referred to Committee on Industry, Labor and Tourism.

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HB 184. By Representative Davis of the 99th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to requirements for substitute teachers. Referred to Committee on Education.

HB 776. By Representatives Hatcher of the 131st, Marcus of the 26th, Collins of the 144th and others:
A bill to provide minimum procedures to assist local governments in fiscal matters; to provide a short title "Local Government Fiscal Accountability Assistance Act"; to specify findings and intent; to define certain terms; to re quire local governments to adopt annual budgets; to authorize the appoint ment of budget officers; to provide minimum uniform provisions and pro cedures for budget preparation by certain local governments.
Referred to Committee on Banking, Finance and Insurance.

HB 904. By Representative Felton of the 22nd:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide the juvenile courts similar authority over abused children as they possess over deprived children. Referred to Committee on Judiciary.

HB 1082. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act known as the "Georgia Residential Financial Authority Act", so as to change the maximum amount of bonds and notes which the Authority may have outstanding at any one time. Referred to Committee on Community Affairs.

HB 1100. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level, so as to authorize the judges of the state courts to serve as judges of other state courts under certain circumstances.
Referred to Committee on Judiciary.

HB 1103. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for fire fighters. Referred to Committee on Governmental Operations.

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253

HB 1142. By Representatives Moore of the 152nd, Branch of the 137th, Crawford of the 5th and others:
A bill to amend an Act known as the "Georgia Plant Food Act of 1970", so as to redefine the term "registrant"; to change the provisions relating to registration of companies guaranteeing commercial fertilizer.
Referred to Committee on Agriculture.

HB 1163. By Representative Pilewicz of the 41st:
A bill to repeal an Act establishing (the State Board of Photographic Ex aminers. Referred to Committee on Governmental Operations.

HB 1166. By Representatives Hasty of the 8th, Ralston of the 7th, Crawford of the 5th and others:
A bill to amend an Act regulating the marketing of eggs, so as to change the contents of the label which must be attached to each case of eggs; to delete provisions for inspection fee stamps.
Referred to Committee on Agriculture.

HB 1167. By Representative Harris of the 8th:
A bill to provide a supplementary appropriation for the Department of Of fender Rehabilitation for the fiscal year ending June 30, 1980. Referred to Committee on Appropriations.

HB 1205. By Representatives Reaves of the 147th Patten of the 149th, Hanner of the 130th and Long of the 142nd:
A bill to amend Code Section 5-908, relating to compensation for destroyed bees, hives, and other equipment, so as to change the maximum amount of compensation which may be paid by the Department of Agriculture to Georgia resident beekeepers for destruction of their property for purposes of combating the spread of bee diseases.
Referred to Committee on Agriculture.

HB 1211. By Representatives Lambert of the 112th, Vaughn of the 57th and Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporation Act", so as to change the method of incorporation, amendment of articles of incorporation, and consolidation of electric membership corporations.
Referred to Committee on Judiciary.

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HB 1270. By Representative Rowland of the 119th:
A bill providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the terms of the mayor and council of the City of Dublin. Referred to Committee on Community Affairs.

HR 478. By Representative Johnson of the 74th:
A resolution proposing an amendment to the Constitution so as to grant each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District.
Referred to Committee on Community Affairs.

HR 481. By Representative Ramsey of the 3rd:
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 Mur ray County shall have jurisdiction. Referred to Committee on Community Affairs.

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

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 349. Do pass. SB 411. Do pass.
Respectfully submitted,
Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 438. SB 440. SB 461. SB 462.

Do pass. Do pass. Do pass. Do pass.

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255

SB 463. SB 464. SB 465. SB 466. HR 453.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:
Your Committee on Defense and Veterans Affairs has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 243. Do pass.
Respectfully submitted, Senator Hudson of the 35th District, Chairman

Mr. President:
Your Committee on Education has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 81. Do pass as amended. SB 458. 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 resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 200. SB 290. SB 343. SB 412. SB 424.

Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass. Do pass.

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SB 433. Do pass as amended. SB 434. Do pass. SB 454. Do pass by substitute. SB 455. Do pass. SR 236. Do pass. SR 238. Do pass. SR 239. Do pass. SR 258. Do pass. HB 1081. 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 to report the same back to the Senate with the follow ing recommendations:
HB 651. Do pass as amended. HB 1109. Do pass. HB 1111. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 171. SB 401. SB 406. SR 249. HB 488.

Do not pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

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257

Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 275. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 672. Do pass by substitute.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

Your Committee on Transportation has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 391. SB 403. SR 262.

Do pass as amended. Do pass. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolution of the Senate and House were read the second time:
SB 404. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A bill to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to create the crime of loitering or prowl ing; to provide for a penalty.

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HB 206. By Representative Pinkston of the 100th:
A bill to amend Code Section 22-404, relating to venue so as to delete the provision that requires a corporation to have an office in a county in order to be sued.

HB 1012. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation so as to change the provi sions relating to the budget for the sheriff's office; to repeal the maximum amounts for the budget for the sheriff's office.

HB 1030. By Representatives Mostiler and Fortune of the 71st and others:
A bill to be entitled an Act to provide for a board of elections in certain counties (population 11,340 - 11,390).

HB 1086. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.

HB 1127. By Representative Ramsey of the 3rd:
A bill to place the coroner of Murray County on an annual salary; to provide for the payment of the operating expenses of said office.

HB 1128. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, so as to change the fine which may be imposed by the mayor's court.

HR 450. By Representatives McDonald of the 12th and Irvin of the 10th:
A resolution proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Banks County.

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

Allgood Ballard Barker Bell Bond

Brantley Broun of 46th Brown of 47th Bryant Carter

Cobb Coverdell Dean Eldridge English

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259

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson

Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson Russell

Scott Starr Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not answering were Senators:
Barnes Stephens Timmons

The following resolution of the Senate was read and adopted:

SR 272. By Senator Broun of the 46th:
A resolution extending congratulations to Clarke Central High School on the outstanding football season of the Gladiators.

Senator Broun of the 46th introduced visitors from Clarke Central High School, Athens, Georgia.

Senator Hill of the 29th introduced the chaplain of the day, Dr. Hugh Peacock, pastor of First Baptist Church, West Point, Georgia, who offered Scripture reading and prayer.
SENATE CALENDAR Thursday, January 24, 1980 ELEVENTH LEGISLATIVE DAY
SR 235. General Assembly--prefiling bills when not in regular session (Gov Op-25th)
HB 845. Drug Related Objects--definitions (SUBSTITUTE/AMENDMENT) (C Aff-55th)
SB 223. Motor Vehicle for Hire--post bond with Revenue Commissioner (AMENDMENT) (S Judy--34th)
SB 326. Brunswick Judicial Circuit--additional judge (Judy--6th)

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SB 338. Executive Reorganization Act--electronic data processing (Gov Op-25th)
SB 347. Sale of Alcoholic Beverages on Election Days--change certain provisions (SUBSTITUTE) (C Aff-25th)
SB 348. Agricultural Operations--not nuisance as result of changed conditions (Ag--24th)
SB 356. Consumers' Utility Counsel Act--delete termination date (C Aff--44th)
SB 357. Fair Employment Practices Act--delete automatic repealer (Gov Op--44th)
SB 358. Office of Planning and Budget--rules for establishment of list of contractors in Residential Conservation Service (Gov Op--44th)
SB 400. Destruction of Horse--for humane reasons (Ag--50th)
SB 408. Information Submitted to Crime Information Center--auditing (Judy-44th)
SB 409. Organized Crime Prevention Council--create (AMENDMENT) (Judy--44th)
SB 415. Milk and Dairy Products--regulate sale, inspection (Ag-- 1 Oth)
SB 418. Purchases Made Directly by State Departments--amend dollar limit (Gov Op--27th)
SB 426. Campaign and Financial Disclosure--exclude certain minimal contributions (SUBSTITUTE) (Gov Op--26th)
SB 429. Slaughtering of Livestock--inspection of methods (Ag--24th)
SB 430. Livestock Dealers--repeal Act regulating and licensing (Ag--24th)
SB 431. Sunshine Law--include representatives of news media (Gov Op--16th)
SR 232. General Assembly Members--commission to set compensation (AMENDMENT) (Gov Op--29th)
SR 233. Sale of Intoxicating Drinks on Election Days--repeal certain prohibitions (C Aff--25th)
HB 112. Marriage Licenses--notifying parents of certain applicants (AMENDMENT) (S Judy--34th)
HB 169. Justices of Peace--no list of names not on tax digest (S Judy--37th)
HB 277. Real Estate "open-end" Clause--provisions for no extension of credit (SUBSTITUTE) (S Judy-22nd)
HB 1080. Seed Development Commission--remove Governor ffom membership (Ag-24th)
HB 1092. Potential Presidential Candidates--certain names not appear on list (SUBSTITUTE) (Gov Op-25th)
HR 432. Georgia Agrirama--designating as State Museum of Agriculture (Ag-24th)

1

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261

The following general resolution of the Senate, read the third time on January 22 and postponed until January 24, was put upon its adoption:

SR 235. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the profiling and introduction of bills and resolutions by members of the General Assembly at times when the General Assembly is not in regular ses sion; 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 III, Section VII of the Constitution is hereby amended by adding at the end thereof a new Paragraph XIII to read as follows:
"Paragraph XIII. Prefiling and Interim Introduction of Bills and Resolutions. Members of the General Assembly are hereby authorized to introduce bills and resolutions on and after December 1 of each year for consideration at the regular session held the following January. The pro cedure for introducing bills and resolutions when the General Assembly is not in session shall be as provided hereinafter. A member of the House of Representatives shall file such proposed legislation with the Clerk of the House of Representatives. A member of the Senate shall file such pro posed legislation with the Secretay of the Senate. Immediately upon receipt of such bill or resolution the Clerk or Secretary shall assign a number to such bill or resolution and shall send a copy of the bill or resolution to the Speaker of the House of Representatives or the President of the Senate, who shall refer such bill or resolution to committee. The Speaker shall notify the Clerk of the House of the committee to which the bill or resolution has been referred. The President of the Senate shall notify the Secretary of the Senate of the committee to which the bill or resolution has been referred. Thereupon, it shall be the duty of the Clerk or Secretary to mail a copy of such bill or resolution to each member of the House or Senate with a notice that such bill has been introduced and the name of the committee to which it has been referred. No action may be taken on such prefiled bills until the General Assembly convenes in regular session. It shall not be necessary to reintroduce a bill or resolution which has been prefiled after the General Assembly convenes in regular session. All prefiled bills must be read at the regular session of the General Assembly in accordance with the provisions of Article III, Sec tion VII, Paragraph III of this Constitution. Any bill or resolution which is prefiled and introduced, without co-sponsors, under the provisions of this Paragraph by a member who is defeated for reelection shall be con sidered as having been withdrawn and no further action shall be taken thereon, but such bill or resolution may be reintroduced by another member. The House of Representatives and the Senate are hereby authorized to adopt such rules as may be necessary to carry out the provi sions of this Paragraph."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section 1, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for the ( ) NO prefiling and introduction of bills and resolutions by members of the General Assembly at times when the General Assembly is not in regular session?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 SR 235 by adding in the title on line 2 of Page 1, immediately preceding the word "bills", the word "general".
By adding on line 14 of Page 1, immediately preceding the word "bills", the word "general".
By adding on line 27 of Page 2 a new sentence to read as follows:
"The provisions of this Paragraph shall not be applicable to local bills."

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bell Bond Brantley

Brown of 47th
Bryant Carter Cobb Dean Eldridge

Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene

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263

Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford

Lester Littlefield McGill Overby Paulk Reynolds Riley Russell Scott Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Broun of 46th

Coverdell English

Robinson

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

Senator Dean of the 31st moved that the following bill of the House be withdrawn from the Senate Committee on Community Affairs and committed to the Senate Com mittee on Industry, Labor and Tourism:
HB 1085. By Representatives Adams of the 36th, Lambert of the 112th, Isakson of the 20th and others: A bill to provide for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the State Department of Community Affairs.
On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1085 was withdrawn from the Senate Committee on Community Affairs and committed to the Senate Committee on Industry, Labor and Tourism.
Senator Horton of the 17th introduced the doctor of the day, Dr. T. A. Sappington, of Thomaston, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

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JOURNAL OF THE SENATE,

SB 223. By Senators Johnson of the 34th, Evans of the 37th, Allgood of the 22nd and others:
A bill to amend Code Chapter 68-7, relating to regulation of motor vehicles for hire, so as to require the operator of motor vehicles for hire operated for hauling passengers to post a bond with the Str.te Revenue Commissioner; to provide that the operator and his principal or employer shall be jointly liable for compliance with such requirement.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 223 by striking on Page 3, lines 6 and 7, the following:
"This Section applies to all motor vehicles for hire as defined by this Chapter.",
and inserting in lieu thereof the following:
"This Section applies to all taxicabs and similar motor vehicles engaged in the carriage of passengers for hire as defined by this Section."

On the adoption of the amendment, the yeas were 29, 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 Barker Bell Bond Brantley Broun of 46th Brown of 47th
Bryant Carter
Cobb Dean Eldridge
English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Johnson
Kennedy Kidd
Land Langford Lester
Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh
Sutton Thompson
Timmons Turner Tysinger
Walker Wessels

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265

Those not voting were Senators:

Barnes Coverdell Holloway

Horton Hudson Stephens

Summers Tate

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

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

SB 326. By Senators Littlefield of the 6th, Eldridge of the 7th and Kennedy of the 4th:
A bill to provide for one additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge Evans Fincherof 52nd

Fincher of 54th Foster Greene Hill Howard Hudgins Johnson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk Reynolds

Those not voting were Senators:

Barnes English Gillis

Holloway Horton Hudson

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

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JOURNAL OF THE SENATE,

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

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

SB 338. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.

Senator Kidd of the 25th moved that SB 338 be postponed until Fridav, January 25.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 338 was postponed until Friday, January 25.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors", as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days.

The Senate Committee on Consumer Affairs offered the following substitute to SB 347:
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, par ticularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to change certain provisions relative to the sale of alcoholic beverages on election days; to amend Code Section 58-813, relating to sales of wine on Sundays and election days, so as to conform with the provisions of this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act ap proved March 10, 1972 (Ga. Laws 1972, p. 207), is hereby amended by

THURSDAY, JANUARY 24, 1980

267

striking from Section 14 the words "or election days", so that when so amended said section shall read as follows:
"Section 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays shall be guilty of a misde meanor and upon conviction shall be punished as for a misdemeanor as provided in Section 27-2506 of the Code of 1933."
Section 2. Said Act is further amended by striking from the first paragraph of Section 28 thereof the words:
", at any time and at any time on election days",
and by striking from the second paragraph thereof the words:
"and election days",
so that when so amended Section 28 shall read as follows:
"Section 28. It shall be unlawful to sell any liquor in any county or municipality specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night.
It is the purpose and intent of this section to prevent the sale of liquor on Sunday and any violation of same shall be a misdemeanor, by the buyer and/or the seller."
Section 3. Said Act is further amended by adding a new section after Section 28 thereof, to be designated Section 28A, to read as follows:
"Section 28A. It is unlawful to sell any malt beverages, wine, or other alcoholic beverages anywhere within the State of Georgia at any time between the hours beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls on any general primary or general election day or run-off election day for such general primary or general election day. For purposes of this section, 'general primary' and 'general election' shall have the meanings specified in Code Section 34-103(h). Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor."
Section 4. Said Act is further amended by striking in its entirety Section 1 A, which reads as follows:
"Section 1A. An election day for purposes of sale of alcoholic beverages or distilled spirits for premises consumption by the drink is defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls."
Section 5. Code Section 58-813, relating to sales of wine on Sundays and election days, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 58-813 to read as follows:

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JOURNAL OF THE SENATE,

"58-813. Sales on Sundays a misdemeanor. It shall be unlawful for any person to sell or offer to sell wine on Sundays and anyone doing so shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor.
Section 6. This Act shall become effective January 1, 1981, but only if an amendment to Article II of the Constitution is approved at the general election held in November 1980 which has the effect of deleting from the Constitution the prohibition on sale of intoxicating drinks on election days.
Section 7. (a) Section 34-1937 of the Code of Georgia, which makes it a misdemeanor to sell, buy, or offer for sale alcoholic beverages on primary or election days, is repealed in its entirety.
(b) Section 58-609 of the Code of Georgia, which makes it a misde meanor to give or furnish spirituous, intoxicating, or malt liquor to any per son, in any quantity within two miles of an election precinct on days of elec tion, is repealed in its entirety.
(c) An Act to amend the alcoholic beverage laws and the election laws of Georgia so as to define an election day, to prohibit the furnishing of liquor on election days within the territorial boundaries for which the election is being held, approved March 31, 1972 (Ga. Laws 1972, p. 721), is repealed in its entirety.
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 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:

Those voting in the affirmative were Senators:

Allgood Bell Bond Brantley Broun of 46th Bryant Cobb Coverdell Eldridge Evans Howard

Hudgins Johnson Kidd Land Lester Reynolds Riley Russell Scott Stephens Stumbaugh

Tate Timmons Turner Tysinger Wessels

THURSDAY, JANUARY 24, 1980

269

Those voting in the negative were Senators:

Ballard Barker Barnes Brown of 47th Carter Dean Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Kennedy Langford McGill Overby

Paulk Robinson Starr Summers Sutton Thompson Walker

Those not voting were Senators:

English Holloway (presiding)

Horton Hudson

Littlefield

On the passage of the bill, the yeas were 27, nays 23.

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 Senator reconsider its action in defeating SB 347.

SB 348. By Senators McGill of the 24th, Foster of the 50th, Walker of the 19th and others:
A bill to amend Code Chapter 72-1, relating to nuisances, as amended, so as to provide that agricultural or farming operations, places, establishments, or facilities shall not be deemed to be a nuisance as a result of changed con ditions in or around the locality of such operation, place, establishment, or facility under certain conditions.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge English Evans Fincher of 52nd

270
Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Kennedy Kidd Land Lester

JOURNAL OF THE SENATE,
Littlefield McGill Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway (presiding) Horton

Hudson Johnson

Langford Riley

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 356. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act creating the Consumers' Utility Counsel, as amend ed, so as to delete the termination date provided for in said Act.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Barnes Bell Bond Brantley Brown of 47th Carter Cobb Coverdell Dean

Eldridge English Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Kennedy

Kidd Land Langford
Lester Littlef jeld McGill Overby Paulk Reynolds Riley Robinson Russell

THURSDAY, JANUARY 24, 1980

271

Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Turner

Tysinger Walker Wessels

Voting in the negative was Senator Bryant.

Those not voting were Senators:

Broun of 46th Holloway (presiding)

Horton Hudson

Johnson

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

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

SB 357. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend the "Fair Employment Practices Act of 1978", so as to delete therefrom the automatic repealer; to provide an effective date.
Senator Bell of the 5th offered the following amendment:
Amend SB 357 by striking Section 1, beginning on line 7, in its entirety and inserting a new Section I to read as follows:
"Section 1. The 'Fair Employment Practices Act of 1978,' approv ed March 9, 1978 (Ga. Laws 1978, p. 859), is hereby amended by strik ing from Section 27 the date 'July 1, 1980' and inserting in lieu thereof the date 'July 1, 1982', so that when so amended Section 27 shall read as follows:
'Section 27. Specific repealer. This Act shall be repealed on July 1, 1982, unless extended or provided otherwise by the General Assembly.'"
On the adoption of the amendment, the yeas were 33, 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:

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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 Bryant Carter Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Reynolds Riley Robinson Russell Scott Starr Stumbaugh Summers Tate Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators Coverdell and Sutton.

Those not voting were Senators:

Cobb Hill Holloway (presiding)

Horton Hudgins Johnson

Stephens Thompson

On the passage of the bill, the yeas were 45, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 358. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to authorize the director of the Office of Planning and Budget to adopt rules and regulations for the establishment and maintenance of lists of con tractors, suppliers, and lenders participating in the Residential Conservation Service; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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273

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Carter Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Land Lester Littlefield McGill Overby Reynolds

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

Those not voting were Senators:

Bell Cobb Fincher of 54th Holloway (presiding)

Horton Hudgins Johnson Langford

Paulk Stephens

On the passage of the bill, the yeas were 45, nays 0.

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

SB 400. By Senators Foster of the 50th and McGill of the 24th:
A bill to amend an Act prohibiting the slaughter of horses under certain cir cumstances so as to authorize the Commissioner of Agriculture to waive cer tain requirements in cases in which a horse is in immediate need of destruc tion for humane reasons.

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

On the 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

274
Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudgins

JOURNAL OF THE SENATE,
Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson Russell

Those not voting were Senators:

Bryant Evans

Holloway (presiding) Horton

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

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 408. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to authorize the auditing of crime in formation submitted to the Georgia Crime Information Center by local law enforcement agencies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge Evans Fincher of 52nd Fincher of 54th

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275

Foster Gillis Hill Howard Hudgins Kennedy Kidd Land Langford Lester

McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

English Greene Holloway (presiding)

Horton Hudson Johnson

Littlefield

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 409. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A bill to create the Organized Crime Prevention Council; to provide for assignment of the council to the Board of Public Safety for administrative purposes; to provide for the members, officers, qualifications, duties, powers, authority, appointments, terms of office, and vacancies.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 409 by striking on Page 2, from lines 13, 14, and 15 the following:
"(c) Members of the council shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties under this Act.",
and substituting in lieu thereof the following:
"(c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the coun cil is in attendance at a meeting of such council, plus either reimburse ment for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with

276

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such attendance as members of the General Assembly receive. Such ex pense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."

On the adoption of the amendment, the yeas were 36, 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

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

Not voting was Senator Holloway (presiding).

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

The bill, having received the requisite constitutional majority, was passed as ame;nndded.

The President resumed the Chair.

THURSDAY, JANUARY 24, 1980

277

SB 415. By Senators Russell of the 10th, McGill of the 24th, Walker of the 19th and others:
A bill to regulate the sale, inspection, importation, and distribution of milk and dairy products; to provide a short title; to define certain terms; to pro vide an enforcing official; to provide the powers, duties, and responsibilities of the Commissioner of Agriculture; to provide for reports to be filed with 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, 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 Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:
Holloway Hudgins Johnson Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

SB 418. By Senators Robinson of the 27th and Kidd of the 25th:
A bill to amend an Act relating to the Department of Administrative Ser vices and matters concerning said department, which matters formerly ap pertained to the supervisor of purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on purchases made directly by state departments, agencies, and instrumentalities.

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

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

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

Those not voting were Senators Holloway and Langford.

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 426. By Senators Greene of the 26th, Barnes of the 33rd and Kidd of the 25th: A bill to amend an Act known as the "Campaign and Financial Disclosure Act", as amended, so as to exclude from the recording and reporting re quirements of the Act certain minimal contributions.

THURSDAY, JANUARY 24, 1980

279

The Senate Committee on Governmental Operations offered the following substitute to SB 426:
A BILL
To be entitled an Act to amend an Act known as the "Campaign and .Financial Disclosure Act," approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 602), so as to exclude from the recording and reporting re quirements of the Act certain minimal contributions; to change certain reporting requirements; 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. An Act known as the "Campaign and Financial Disclosure Act," approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, par ticularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 602), is hereby amended by adding before the first sentence of Section 5 the follow ing:
"(a)",
and by adding at the end of Section 5 a new subsection (b) to read as follows:
"(b) Neither the amount of the contribution nor the name and mail ing address of the person making the contribution shall be required to be recorded under this Section 5 if (1) the contribution is $ 15.00 or less, and (2) the individual required under this Section 5 to keep records of con tributions has neither actual nor constructive knowledge of any contribu tion to the committee or candidate within the preceding 12 months by the person making the contribution of $15.00 or less. Any contribution not required to be recorded under this subsection (b) shall not be required to be included in determining whether subsequent contributions by the same person are reportable under this Act.",
so that when so amended said section shall read as follows:
"Section 5. Record of Contributions arid Expenditures, (a) It shall be the duty of the Chairman or Treasurer of any campaign committee which accepts contributions or makes expenditures to keep a detailed and exact account of:
(1) The amounts of all contributions made to the campaign commit tee.
(2) The name and mailing address of every person making any con tributions and the amount of such contributions.
(3) All expenditures made by the candidate or the campaign com mittee.
(4) The name and mailing address of every person to whom an ex penditure is made and the amount and general purpose thereof.

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(b) Neither the amount of the contribution nor the name and mail ing address of the person making the contribution shall be required to be recorded under this Section 5 if (1) the contribution is $ 15.00 or less, and (2) the individual required under this Section 5 to keep records of con tributions has no knowledge of any other contribution to the committee or candidate within the preceding 12 months by the person making the contribution of $15.00 or less. Any contribution not required to be recorded under this subsection (b) shall not be required to be included in determining whether subsequent contributions by the same person are reportable under this Act."
Section 2. Said Act is further amended by striking in its entirety subsec tion (d) of Section 6 and substituting in lieu thereof a new subsection (d) of Section 6 to read as follows:
"(d) (1) In the event any candidate covered by the provisions of this Act has no opposition (primary or general), said candidate shall only be required to make the initial and final report as required under the provi sions of this subsection.
(2) In the case of a candidate who has no opposition, but against whom a notice of intention of write-in candidacy is filed, the candidate shall become subject to the reporting requirements of this Act upon the filing of the notice of intent. Each person with whom a notice of intention of write-in candidacy is filed, as soon as practicable after the notice is filed, shall notify in writing the candidate against whom the notice was filed of the name of the person in whose name the notice was filed.
(3) A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election oc curs. If no contribution is received or expenditure made which is re quired to be reported under this Act between the date of the last Cam paign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financing Disclosure Report shall not be required by this Act."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that SB 426 be postponed until Monday, January 28.
Senator Stumbaugh of the 55th moved the previous question.
Senator Broun of the 46th moved that SB 426 be placed on the Table.
The President ruled that the motion to table takes precedence.
On the motion, the yeas were 47, nays 0; the motion prevailed, and SB 426 was placed on the Table.

THURSDAY, JANUARY 24, 1980

281

The following communications were received and read by the Secretary:

The General Assembly Atlanta
TO: HONORABLE DAVID B. POYTHRESS SECRETARY OF STATE
This is to certify that Honorable Tom Mitchell, Whitfield County, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board, as a member of the State Transportation Board from the Seventh Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1980, and expiring April 15, 1985.
This 23rd day of January, 1980.
Is/ Zell Miller President of the Senate
Is/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
TO: HONORABLE DAVID B. POYTHRESS SECRETARY OF STATE
This is to certify that Honorable James L. (Jimmy) Conner, Jeff Davis County, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board, as a member of the State Transportation Board from the Eighth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1980, and expiring April 15, 1985.
This 23rd day of January, 1980.
Is/ Zell Miller President of the Senate
Is/ Thomas B. Murphy Speaker, House of Representatives

Senator Riley of the 1st moved that the Senate do now adjourn until 9':00 o'clock A.M. tomorrow.

At 12:50 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, January 25, 1980

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Kidd of the 25th moved that the Senate reconsider its action of January 24 in defeating the following bill of the Senate:

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors", as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 347 was reconsidered and placed at the foot of the Calendar.

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

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

HB 42. By Representative Beck of the 148th:
A bill providing procedures for the return of mobile homes for taxation so as to provide a penalty for the failure to display a mobile home location decal; to amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code" so as to provide a penalty for the failure to display a mobile home location decal.

HB 195. By Representative Russell of the 64th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to the length of the public school year.

FRIDAY, JANUARY 25, 1980

283

HB 393. By Representatives White of the 132nd, Parkman of the 134th, Carrell of the 75th and others:
A bill to amend an Act providing sick leave for teachers in the public schools of this State so as to extend said sick leave provisions to certain other person nel employed by local boards of education.

HB 688. By Representatives Coleman of the 118th, Manner of the 130th and Ramsey of the 3rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to change the provisions relating to the Georgia Bureau of In vestigation; to provide for the State Crime Laboratory to be a separate divi sion within the Georgia Bureau of Investigation to be known as the Division of Forensic Sciences; to provide that the director of the division shall be the Chief Medical Examiner of the State of Georgia.

HB 957. By Representative Coleman of the 118th:
A bill to amend Code Section 89-308, relating to officers before whom oaths of deputies are taken, so as to permit a deputy sheriff to take his oaths before the sheriff.

HB 1072. By Representative Walker of the 115th:
A bill to amend Code Section 74-105, relating to parents' obligation to pro vide for children, so as to provide that parents have a continuing duty to provide for certain unmarried and unemancipated children who are unable to support or care for themselves because of physical or mental disability.

HB 1132. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act," so as to provide for the certification by the Georgia Peace Officer Standards and Training Council of certain persons operating radar speed detection devices.

HB 1145. By Representatives Rainey of the 135th, Jessup of the 117th, Branch of the 137th and Sizemore of the 136th:
A bill to amend an Act fixing the terms of the superior courts of the Cordele Judicial Circuit, so as to fix new terms for the superior courts of Ben Hill, Crisp, Dooly, and Wilcox counties.

HB 1209. 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.

284

JOURNAL OF THE SENATE,

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide con version privileges for insured former spouses.

HB 1285. By Representative Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court in certain counties in this State, so as to provide for certain fees and costs charged in said court.

HB 1292. By Representatives Swann of the 90th, Cheeks of the 89th, Padgett of the 86th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for biennial elections for purposes of selecting members of the Board of Education.

HB 1293. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act creating the Downtown Athens Development Authority, so as to provide for powers of the Authority.

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 492. By Representatives Childers of the 15th, Fuller of the 16th and Oldham of the 14th:
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 in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $1,000.00.

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 541. By Representative Padgett of the 86th: A resolution commending Mr. Harper Trowbridge.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

FRIDAY, JANUARY 25, 1980

285

SB 493. By Senator Hudgins of the 15th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to provide for the erasure of criminal records under certain circumstances; to provide for procedures connected therewith; to prohibit disclosure of erased records.
Referred to Committee on Judiciary.

SB 494. By Senators Hudgins of the 15th and Hudson of the 35th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a training program and stan dards for police chaplains.
Referred to Committee on Judiciary.

SB 495. By Senator Stumbaugh of the 55th:
A bill to amend an Act known as the "Public School Disciplinary Tribunal Act" so as to change the provisions relative to the establishment of disciplinary hearing officers, panels, or tribunals. Referred to Committee on Education.

SB 496. By Senators Stumbaugh of the 55th, Johnson of the 34th, Kidd of the 25th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, as amended, so as to prohibit the granting of bail on appeal to a person adjudged guilty of certain drug crimes; to provide for declaration of purpose.
Referred to Committee on Special Judiciary.

SB 497. By Senator Kidd of the 25th:
A bill to amend Code Section 34-604, relating to deputy registrars under the "Georgia Election Code", as amended, so as to provide for principals or assistant principals of high schools and directors of area vocational schools to inform their students of the powers conferred upon such officials under the provisions of this Code Section.
Referred to Committee on Governmental Operations.

SB 498. 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 Education Board; to provide for a Secretary and Treasurer of the Board and clerical assistance. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 499. 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 repeal a specific Act. Referred to Committee on Judiciary.

SB 500. By Senator Holloway of the 12th:
A bill to provide for a program for elderly citizens of this State to attend units of the University System of Georgia without payment of fees with cer tain exceptions; to provide for a short title. Referred to Committee on Judiciary.

SR 273. By Senators Thompson of the 32nd, Lester of the 23rd, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the levy and collection of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages and to provide by law for the use of all or any part of the proceeds of such tax for educational programs; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 274. By Senator Hudgins of the 15th: A resolution relative to animals.
Referred to Committee on Natural Resources and Environmental Quality.

SR 275. By Senators Evans of the 37th, Sutton of the 9th and Eldridge of the 7th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a program of insured or guaranteed loans or direct loans to certain small businesses and individual or family farmers for certain purposes; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Industry, Labor and Tourism.

SR 276. By Senator Hudgins of the 15th:
A resolution relative to the cutting and harvesting of timber and pulpwood on certain properties in and around the Franklin D. Roosevelt State Park in Harris and Meriwether Counties. Referred to Committee on Natural Resources and Environmental Quality.

FRIDAY, JANUARY 25, 1980

287

SR 277. By Senators McGill of the 24th, Fincher of the 54th, Russell of the 10th and others:
A resolution designating the State Archives and Records Building as the "Ben W. Fortson, Jr., State Building". Referred to Committee on Governmental Operations.

SR 278. By Senator Littleficld of the 6th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption in an amount of $4,000.00 from all county and coun ty school ad valorem taxes for residents of Camden County; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 279. By Senator Littlefield of the 6th:
A resolution proposing an amendment to the Constitution so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in ac cordance with the fines specified by such ordinance or resolution; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 280. By Senators Johnson of the 34th and Coverdell of the 40th:
A resolution proposing an amendment to the Constitution so as to grant jurisdiction to the recorder's, mayor's, or police courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Judiciary.

SR 281. By Senators Reynolds of the 48th, Brown of the 47th and Ballard of the 45th:
A resolution urging the United States Congress to allocate to each of the state highway departments for maintenance of state and local roads any in crease of the federal motor fuels tax if such increase is deemed necessary by Congress.
Referred to Committee on Transportation.

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

HB 42. By Representative Beck of the 148th:
A bill providing procedures for the return of mobile homes for taxation so as to provide a penalty for the failure to display a mobile home location decal;

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JOURNAL OF THE SENATE,

to amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code" so as to provide a penalty for the failure to display a mobile home location decal.
Referred to Committee on Banking, Finance and Insurance.

HB 195. By Representative Russell of the 64th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to the length of the public school year. Referred to Committee on Education.

HB 393. By Representatives White of the 132nd, Parkman of the 134th, Carrell of the 75th and others:
A bill to amend an Act providing sick leave for teachers in the public schools of this State so as to extend said sick leave provisions to certain other personnel employed by local boards of education.
Referred to Committee on Education.

HB 688. By Representatives Coleman of the 118th, Hanner of the 130th and Ramsey of the 3rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to change the provisions relating to the Georgia Bureau of In vestigation; to provide for the State Crime Laboratory to be a separate division within the Georgia Bureau of Investigation to be known as the Division of Forensic Sciences; to provide that the director of the division shall be the Chief Medical Examiner of the State of Georgia.
Referred to Committee on Governmental Operations.

HB 957. By Representative Coleman of the 118th:
A bill to amend Code Section 89-308, relating to officers before whom oaths of deputies are taken, so as to permit a deputy sheriff to take his oaths before the sheriff. Referred to Committee on Judiciary.

HB 1072. By Representative Walker of the 115th:
A bill to amend Code Section 74-105, relating to parents' obligation to provide for children, so as to provide that parents have a continuing duty to provide for certain unmarried and unemancipated children who are unable to support or care for themselves because of physical or mental disability.
Referred to Committee on Special Judiciary.

FRIDAY, JANUARY 25, 1980

289

HB 1132. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", so as to provide for the certification by the Georgia Peace Officer Standards and Training Council of certain persons operating radar speed detection devices.
Referred to Committee on Judiciary.

HB 1145. By Representatives Rainey of the 135th, Jessup of the 117th, Branch of the 137th and Sizemore of the 136th:
A bill to amend an Act fixing the terms of the superior courts of the Cordele Judicial Circuit, so as to fix new terms for the superior courts of Ben Hill, Crisp, Dooly and Wilcox counties.
Referred to Committee on Judiciary.

HB 1209. 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.
Referred to Committee on Judiciary.

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide conversion privileges for insured former spouses.
Referred to Committee on Judiciary.

HB 1285. By Representatives Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court in certain counties in this State, so as to provide for certain fees and costs charged in said court. Referred to Committee on Community Affairs.

HB 1292. By Representatives Swann of the 90th, Cheeks of the 89th, Padgett of the 86th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for biennial elections for purposes of selecting members of the Board of Education.
Referred to Committee on Community Affairs.

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JOURNAL OF THE SENATE,

HB 1293. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act creating the Downtown Athens Development Authority, so as to provide for powers of the Authority. Referred to Committee on Community Affairs.

HR 492. By Representatives Childers of the 15th, Fuller of the 16th and Oldham of the 14th:
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 in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $1,000.00.
Referred to Committee on Communitv 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 129. Do not pass. HB 1167. Do pass. HB 1203. Do pass by substitute. HR 204. Do pass as amended.
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 Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 217. Do pass by substitute.

FRIDAY, JANUARY 25, 1980

291

SB 355. Do pass by substitute. SB 380. Do pass by substitute. SB 381. Do pass by substitute. SB 382. Do pass by substitute. SB 385. Do pass by substitute.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 383. Do pass. SB 384. Do pass. SB 387. Do pass. SB 388. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 8. Do not pass. SB 425. Do pass. HB 61. Do not pass. HB 253. Do pass.

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HB 284. Do pass as amended. HB 1074. Do pass. HR 14. Do not pass.

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

Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 898. Do pass by substitute. HB 1084. Do pass as amended.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 105. Do 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

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293

SB 417. Do pass. SR 231. Do pass. HB 717. Do pass by substitute.

Respectfully submitted, Senator Overby of the 49th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 290. By Senator Robinson of the 27th: A bill to create the Georgia Educational Television Commission; to provide for the membership, power, authority, employees, and property of the com mission; to provide for the terms of office; to transfer the Georgia Educa tional Television Network, its property and employees to the control and management of the Georgia Educational Television Commission; to provide for practices and procedures.
SB 343. By Senator Kidd of the 25th: A bill to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, as amended, so as to re quire departments to employ certain employees involved in a reduction in force under certain circumstances.
SB 349. By Senator Sutton of the 9th: A bill to amend an Act entitled "An Act to amend the acts incorporating the Georgia Rail Road and Banking Company, and the Central Rail Road and Banking Company of Georgia", so as to strike certain provisions relating to the production of books and testimony of officers of the Georgia Railroad Banking Company in suits and actions in the courts of this state.
SB 391. By Senators Reynolds of the 48th and Wessels of the 2nd: A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the certification of certain persons operating radar speed detection devices by the Georgia Peace Of ficer Standards and Training Council.

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SB 401. By Senators Foster of the 50th and Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps, and prisoners, as amended, so as to provide that the possession by a convict of currency and other items unless expressly and specifically authorized by the institution concerned shall constitute contraband and be subject to forfeiture.

SB 403. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Section 68-260, relating to license plates for motor vehicles owned by the State and political subdivisions thereof, so as to pro vide for requirements which will indicate the nature of the governmental en tity which owns the motor vehicle.

SB 406. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Chapter 27-25, relating to sentences and executions, as amended, particularly by an Act to provide for the imposition of the death penalty in certain cases so as to add a new Code Section to the designated Code Section 27-2538.

SB 411. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for programs of liability insurance or con tracts of indemnity for State agencies, as amended, so as to provide that such programs may be extended to certain law enforcement officers; to provide the procedures connected therewith; to provide an effective date.

SB 412. By Senator Kidd of the 25th:
A bill to authorize state employees to engage in political activities under cer tain conditions; to define certain terms; to prohibit certain political ac tivities; to provide a penalty.

SB 424. By Senators Howard of the 42nd, Greene of the 26th, Walker of the 19th and others:
A bill to amend an Act creating and establishing a Board of Funeral Service, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto, to restrict who may be employed as inspectors.

SB 433. By Senator Kidd of the 25th:
A bill to amend Code Title 34A, known as the "Georgia Municipal Election Code", as amended, so as to provide for certain school administrators to serve as deputy registrars; to change the provisions relating to the purging of electors' lists; to change the provisions relating to forms of election ballots with respect to unopposed candidates.

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SB 434. By Senator Kidd of the 25th:
A bill to amend Code Title 34, known as the "Georgia Election Code", as amended, so as to change the provisions relating to the qualifications of registrars and deputy registrars; to provide for ballots with candidates with same or similar names; to change the provisions relating to voting by absentee electors.

SB 454. By Senators Stephens of the 36th, Hudson of the 35th and Fineher of the 54th:
A bill to amend an Act creating the Board of Recreation Examiners, as amended, so as to provide additional definitions; to change the membership of the board and to change their manner of appointment.

SB 455. By Senator Robinson of the 27th:
A bill to amend an Act known as "The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies", as amended, so as to change the provisions relating to performance audits.

SB 458. By Senators Summers of the 53rd, Fineher of the 54th, Fineher of the 52nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide that instructional personnel who are approved to participate in a personnel exchange program may be con sidered actually employed by a local unit of administration for the purpose of the allotment of State funds.

SB 438. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amend ed, so as to vest the investigators of the solicitor's office with arrest powers; to provide an effective date.

SB 440. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amend ed, so as to change certain provisions relating to the judge pro hac vice.

SB 461. By Senator Timmons of the 11 th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Miller County into the office of the tax commissioner of Miller County so as to change the compensation provisions relating to the tax com missioner; to provide an effective date.

SB 462. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the tax collector of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation.

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SB 463. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the tax receiver of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become he property of the county.

SB 464. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county.

SB 465. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change the provisions relating to the compen sation and travel expenses of members of the board; to change the provisions relating to purchases and bids; to provide an effective date.

SB 466. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the probate court of Jones County known as the fee system; to pro vide in lieu thereof an annual salary, as amended, so as to repeal the provi sions relating to the employment of personnel by the judge of the probate court.

SR 81. By Senator Hudgins of the 15th:
A resolution requesting the State Board of Education to establish a policy whereby schools throughout the State will not open until the Tuesday following Labor Day.

SR 236. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that all heads of departments or agencies of the executive branch of govern ment appointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate; to provide for the submis sion of this amendment for ratification or rejection.

SR 238. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for appropriate committees of the General Assembly to fill a vacancy in of fice after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; to provide for the submission of this amendment for ratification or rejection.

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SR 239. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide that when identical bills are passed by each House of the General Assembly, such bills shall be deemed passed by the General Assembly and shall not re quire action by the other House; to provide for the submission of this amend ment for ratification or rejection.

SR 243. By Senators Robinson of the 27th and Hudson of the 35th:
A resolution requesting the Governor to designate the week of February 12 through 22 of each year as National Defense Week.

SR 249. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A resolution relative to jail standards.

SR 258. By Senators Evans of the 37th, Robinson of the 27th and Kidd of the 25th:
A resolution authorizing and directing the Secretary of State to make a study of the feasibility of establishing a more uniform system for informing interested persons and the general public of proposed rules adopted by ex ecutive agencies of the state government.

SR 262. By Senator Eldridge of the 7th: A resolution designating the Liston Elkins Parkway.

HB 651. By Representatives Walker of the 115th Culpepper of the 98th, Ham of the 80th and others:
A bill to amend an Act providing for a tax on certain deeds, instruments and other writings transferring real estate so as to exempt from taxation deeds,-instruments and other writings to which the United States, the State of Georgia, any agency, board, commission, department or political sub division of either the United States or the State of Georgia, or any public corporation or authority is a party.

HB 672. By Representatives Thompson of the 93rd, Johnson of the 74th and Bishop of the 94th:
A bill to amend Code Chapter 27-13, relating to call of the docket in criminal cases, so as to provide for discovery in criminal cases of statements made by defendants while in police custody and of scientific reports; to provide for procedure in relation thereto; to provide for an ex clusionary rule.

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HB 1081. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act authorizing the Department of Administrative Ser vices 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 automobile mileage allowance rate.

HB 1109. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 72-2, relating to abatement of nuisances generally, so as to provide for a statement of purpose and intent; to change the provisions relating to manner of abatement; to change the provisions relating to restraint of a public nuisance.

HB 1111. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend Code Chapter 65-2, known as the "Cooperative Marketing Act", so as to provide for the filing of articles of incorporation with the Secretary of State.

HR 453. 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 increase the civil jurisdiction of justices of the peace in Lowndes County.

The following local, uncontested bills of the House; favorably reported by the com mittee, were read the third time and put upon their passage:
HB 1012. By Representatives Snow and Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation so as to change the provi sions relating to the budget for the sheriff's office; to repeal the maximum amounts for the budget for the sheriff's office.
The Senate Committee on Community Affairs offered the following substitute to HB 1012:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Dade Coun ty on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2193), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), so as to change

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the provisions relating to the budget for the sheriff's office: to change the maximum amounts for the budget for the sheriff's office; to change the pro visions relating to the powers and duties of the advisory board; to change the provisions relating to the powers and duties of the governing authority of Dade County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2193), as amended, particularly by an Act approv ed April 17, 1975 (Ga. Laws 1975, p. 2969), is hereby amended by striking from the second paragraph of subsection (a) of Section 3A of said Act the following:
"(3) $65,000 per annum for the fiscal year beginning January 1, 1977, and each fiscal year thereafter.",
and inserting in lieu thereof the following:
"(3) $85,000 per annum for the fiscal year beginning January 1, 1980. and each fiscal year thereafter; provided, however, that the said amount of the budget may be increased as a result of cost-of-living in creases as follows: on the first day of January of each year, beginning in 1981. if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the ex isting budget shall be increased by the amount which results from multiplying the existing base budget by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the 'base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year; provided, further, that the said amount of the budget may be decreased as a result of cost-of-living decreases as follows: on the first day of January of each year, beginning in 1981, if the Con sumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall be less than the Consumer Price Index for the previous January 1, the existing budget shall be decreased by the amount which results from multiplying th'e ex isting base budget by the percentage decrease in the Consumer Price In dex, not exceeding 5 percent. For the purposes of this section only, the 'base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year.",
so that when so amended the second paragraph of subsection (a) of Section 3A shall read as follows:
"The sheriff shall furnish the governing authority of Dade County all relevant and pertinent information concerning expenditures made in previous years and concerning the proposed expenditures, which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the

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sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than June 15 of each year such budget shall be reviewed by the governing authority, and if said budget is approved by said governing authority, the same shall be the budget for the ensuing year or until amended as hereinafter provided, and the governing authority is hereby authorized and directed to expend the sums provided in such budget for the operation of such office. In the event that said budget for the ensuing year is not submitted to the govern ing authority by June 1 as set out above, the budget for the ensuing fiscal year for the sheriff's department shall be the same as the budget of the current fiscal year and the governing authority of the county may levy the tax assessment for the ensuing year in accordance therewith. The sheriff shall not submit nor shall the governing authority of Dade County approve a budget for the operation of the sheriff's office in excess of the following:

(1) $50,000 per annum for fiscal years prior to the fiscal year begin ning January 1, 1976,
(2) $60,000 per annum for the fiscal year beginning January 1, 1976, and
(3) $85,000 per annum for the fiscal year beginning January 1, 1980. and each fiscal year thereafter; provided, however, that the said amount of the budget may be increased as a result of cost-of-living in creases as follows: on the first day of January of each year, beginning in 1981. if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the ex isting budget shall be increased by the amount which results from multiplying the existing base budget by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the 'base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year; provided, further, that the said amount of the budget may be decreased as a result of cost-of-living decreases as follows: on the first day of January of each year, beginning in 1981, if the Con sumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall be less than the Consumer Price Index for the previous January 1, the existing budget shall be decreased by the amount which results from multiplying the ex isting base budget by the percentage decrease in the Consumer Price In dex, not exceeding 5 percent. For the purposes of this section only, the 'base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year.
However, if said governing authority disapproves the budget submit ted by the sheriff, it shall enter its disapproval thereon in writing within ten (10) days from the filing of same in its office and shall transmit the same to the advisory board to the governing authority of Dade County, hereinafter created."

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301

Section 2. Said Act is further amended by striking subsections (c), (d), (e), (f), and (g) of Section 3A in their entirety and inserting in lieu thereof new subsections (c), (d), (e), (f), and (g) of Section 3A to read as follows:
"(c) Upon receipt of such annual budget by the advisory board of the governing authority, it shall review the same and may recommend to the governing authority that the budget be approved as submitted or may recommend such revision of the budget as said board shall determine. The advisory board shall make its recommendations to the governing authority within 10 days after the budget is submitted to the board. The governing authority shall give careful consideration to the recommenda tions of the advisory board but final approval of the budget shall be determined by said governing authority. If the governing authority re jects the recommendations of the advisory board, before the final deci sion of the governing authority on the budget, said governing authority shall set a time and date certain for the sheriff to appear and present evidence supporting the budget as submitted by him.
(d) The advisory board may make recommendations on any budget or application for amendment to said budget at any regular or special meeting at which a majority of the board members are present and the decision of a majority of said members shall control.
(e) The budget for the sheriff as finally determined and set by the governing authority of Dade County shall be filed in the office of the governing authority where it shall be kept as a part of the minutes of said office and shall be conclusive and the sheriff and the governing authority _ shall abide by same until amended as hereinafter provided. A copy of the final budget shall be served upon the sheriff.
(f) For every fiscal year, the budget, with all amendments thereto, for the immediately preceding year shall continue in effect during the time provided herein for the review of the new budget by the governing authority and, when necessary, by the advisory board. When approved, the new budget, as finally approved by the governing authority, shall be retroactive to the first day of the fiscal year for which said budget is sub mitted.
(g) If for any reason it appears to the sheriff that the budget finally determined is insufficient due to an emergency or any cause to operate the sheriff's office, the sheriff shall file a written application requesting an amendment of such budget with the governing authority. The govern ing authority shall review said application for amendment and shall, within five days from the filing of same, enter its decision thereon. If the same is approved by the governing authority, it shall be authorized and is hereby directed to expend the sums called for in the budget so amended. If the same is disapproved by the governing authority, it shall, im mediately and within five days from the filing of such application in its office, submit same to the advisory board to the governing authority and said advisory board shall act on said application within 10 days from the filing of same. The advisory board may make recommendations relative to any such amendment in the same manner as provided by subsection (c) hereof. The sheriff shall have the right to file application for amendment to his budget from time to time as the need may arise. In filing such ap-

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plication, it shall not be necessary to meet any formal requisite of pleading, the only thing being required is that a written statement be filed that there is a need for amendment, the reason for such need and the amount requested. The governing authority of Dade County shall be authorized to approve or disapprove any such amendment. If disapprov ed, the proposed amendment shall be submitted to the advisory board, within 10 days after the filing therof, and the provisions of subsection (c) hereof shall apply to such proposed amendment."
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 45 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1030. By Representatives Mostiler and Fortune of the 71st and others: A bill to provide for a board of elections in certain counties (population 11,340--11,390).
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1086. By Representatives Mullinax of the 69th and Ware of the 68th: A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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303

HB 1127. By Representative Ramsey of the 3rd:
A bill to place the coroner of Murray County on an annual salary; to pro vide 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 45, nays 0.

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

HB 1128. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, so as to change the fine which may be imposed by the mayor's court.

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

On the passage of the bill, the yeas were 45, 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

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Those not answering were Senators:

Coverdell

Summers

Tysinger

Senator Bond of the 39th introduced the chaplain of the day, Dr. Barbara King Blake, of Hillside Chapel and Truth Center, Atlanta, Georgia, who offered Scripture reading and prayer.
The following resolution of the House was read and adopted:

HR 541. By Representative Padgett of the 86th: A resolution commending Mr. Harper Trowbridge.

SENATE CALENDAR
Friday, January 25, 1980
TWELFTH LEGISLATIVE DAY
SB 338. Executive Reorganization Act--electronic data processing (AMENDMENT) (Gov Op-25th)
SB 429. Slaughtering of Livestock--inspection of methods (Ag--24th)
SB 430. Livestock Dealers--repeal Act regulating and licensing (Ag--24th)
SB 431. Sunshine Law--include representatives of news media (Gov Op--16th)
SR 232. General Assembly Members--commission to set compensation (AMENDMENT) (Gov Op-29th)
SR 233. Sale of Intoxicating Drinks on Election Days--repeal certain prohibitions (C Aff--25th)
HB 112. Marriage Licenses--notifying parents of certain applicants (AMENDMENT) (S Judy--34th)
HB 169. Justices of Peace--no list of names not on tax digest (S Judy--37th)
HB 277. Real Estate "open-end" Clause--provisions for no extension of credit (SUBSTITUTE) (S Judy--22nd)
HB 1080. Seed Development Commission--remove Governor from membership (Ag-24th)
HB 1092. Potential Presidential Candidates--certain names no appear on list (SUBSTITUTE) (Gov Op-25th)
HR 432. Georgia Agrirama--designating as State Museum of Agriculture (Ag-24th)
HB 845. Drug Related Objects-definitions (SUBSTITUTE/AMENDMENTS) (C Aff--55th)

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305

SB 200. State Employees Grievances Committee--create (SUBSTITUTE) (Gov Op--25th)
SB 404. Crime of Loitering, Prowling--create (SUBSTITUTE) (S Judy--44th)
HB 206. Venue--corporation can be sued without having office in county (S Judy--22nd)
HB 275. Superior Court Senior Judge--certain ones become nonresidents (Ret--33rd)
HB 488. State Funds to Counties for Prisoners Assigned to--use of (Off R-28th)
SB 347. Sales of Alcoholic Beverages on Election Days--change certain provisions (SUBSTITUTE) (C Aff--25th)

The following general bill of the Senate, having been read the third time on January 24 and postponed until January 25, was put upon its passage:
SB 338. By Senator Kidd of the 25th: A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.
Senator Kidd of the 25th moved that SB 338 be postponed until Tuesday, January 29.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 338 was postponed until Tuesday, January 29.
The following general bills and resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:-
SB 429. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others: A bill to amend the "Georgia Meat Inspection Act", as amended, so as to provide for inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Tate Thompson Turner Walker Wessels

Those not voting were Senators:

Bond Coverdell Hudgins

Riley Sutton Timmons

Tysinger

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 430. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others: A bill to amend an Act regulating the buying and selling of livestock and providing for licenses of livestock dealers by the probate court, as amended; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bell

Brantley Broun of 46th

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307

Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway

Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds

Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Walker Wessels

Those not voting were Senators:

Ballard Bond

Coverdell Riley

Timmons Ty singer

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

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

SB 431. By Senators Land of the 16th, Robinson of the 27th, Cobb of the 28th and others:
A bill to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the govern ing authority or any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of educa tion, 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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

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Bryant Carter Cobb Dean Eldridge English Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton

Howard Hudgins Hudson Johnson Kennedy Kidd Land
Langford Lester Littlefield Overby Paulk Reynolds Riley Robinson

Those not voting were Senators:
Coverdell McGill Tysinger

Russell Scott Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Turner Walker Wessels

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 232. By Senators Hill of the 29th, Ballard of the 45th and Langford of the 51st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create a commis sion to set the compensation and allowances of the members of the General Assembly of Georgia; to provide for the membership of the commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section V of the Constitution is hereby amended by striking Paragraph IX which reads as follows:
"Paragraph IX. Compensation and Allowances. The members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.",
in its entirety and substituting in lieu thereof a new Paragraph IX to read as follows:

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309

"Paragraph IX. State Commission on Legislative Compensation. There is hereby created the State Commission on Legislative Compensa tion to consist of 12 members as follows: the Chairman of the Board of Regents, the President of the Georgia Municipal Association, the Presi dent of the Association County Commissioners of Georgia, the President of the Georgia Press Association, four members appointed by the Gover nor, and four members appointed by the Chief Justice of the Supreme Court. Appointed members shall serve for four years and until their suc cessors are appointed. The commission is authorized to organize itself and to adopt such bylaws as are necessary for its operation.
The commission shall meet in January, 1981, and every two years thereafter at the call of the Governor. The commission shall, by procla mation, establish the compensation and allowances which shall be paid to members of the General Assembly. The legislative fiscal officer is hereby authorized and directed to pay the members of the General Assembly as provided by said proclamation."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create a [ ] NO commission to set the compensation and allowances of the members of the General Assembly of Georgia and to provide for its members?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Governmental Operations offered the following amend ment:
Amend SR 232 by striking on Page 1, from line 2, the "a", and substituting in lieu thereof the following:
"an independent State",
and
By striking on Page 2, from line 19, the "a", and substituting in lieu thereof the following:
"an independent State."

On the adoption of the amendment, the yeas were 38, nays 0, and the committee amendment was adopted.

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Senators Evans of the 37th, Coverdell of the 40th, Howard of the 42nd and Stumbaugh of the 55th offered the following amendment:

Amend SR 232 by striking on Page 1, line 22 the following:
"The Chairman of the Board of";
and by striking on Page 1, lines 23, 24, 25; and by striking on Page 1, line 26 the words, "Press Association,";
and by striking on Page 1, line 21 the word "12" and substituting in lieu thereof the following, "8";
and by adding on Page 2, line 2 after the word "appointed." the following:
"No person appointed to the commission shall be subject to a salary set by the General Assembly."

On the adoption of the amendment offered by Senators Evans of the 37th, Coverdell of the 40th, Howard of the 42nd and Stumbaugh of the 55th, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean

Eldridge Evans Foster Greene Holloway Horton Howard Hudson Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Russell Scott Stephens Stumbaugh Sutton Tate Thompson Turner Wessels

Those voting in the negative were Senators:

Bryant English Fincher of 52nd Fincher of 54th

Gillis Hill Johnson Kennedy

Those not voting were Senators:

Hudgins Littlefield

Timmons

Riley Starr Summers Walker
Tysinger

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311

On the adoption of the amendment, the yeas were 39, nays 12, and the amendment offered by Senators Evans of the 37th, Coverdell of the 40th, Howard of the 42nd and Stumbaugh of the 55th was adopted.

Senator Starr of the 44th offered the following amendment:

Amend SR 232 by striking from lines 22 and 23, Page 1, the following, "the Chairman of the Board of Regents",
and on line 26 change the number "four" to "five".

The President ruled that since the adopted amendment offered by Senators Evans of the 37th, Coverdell of the 40th, Howard of the 42nd and Stumbaugh of the 55th in cluded the same changes as the amendment offered by Senator Starr of the 44th, the amendment offered by Senator Starr of the 44th became moot.
The report of the committee, which was favorable to the adoption of the resolution as amended, 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 Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th
Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Land Langford Littlefield McGill Overby Paulk Reynolds

Those voting in the negative were Senators:

Barker Barnes

Foster Horton

Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Walker Wessels
Johnson Lester

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Those not voting were Senators:
Hudgins Timmons Tysinger

On the adoption ot the resolution, the yeas were 46, nays 6.

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

SR 233. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to repeal cer tain prohibitions on the sale of intoxicating drinks on election days; to pro vide for the submission of this amendment for ratification or rejection.
Senator Kidd of the 25th moved that SR 233 be postponed until Tuesday, January 29.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 233 was postponed until Tuesday, January 29.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
HB 112. By Representatives Childers of the 15th, Banner of the 130th, Fuller of the 16th and others: A bill to amend Code Chapter 53-2, relating to marriage licenses, so as to re quire the judge of the probate court to notify the parents of certain ap plicants for marriage licenses. Senate Sponsor: Senator Johnson of the 34th.
The Senate Committee on Special Judiciary offered the following amendment:
Amend HB 112 by adding on Page 1, line 18, between the symbol "." and the symbol " " " the following:
"In license applications which require notification of parents under this Code Section, the judge of the probate court shall collect an addi tional fee of $ 1.00 which shall be in addition to any other fee authorized bylaw."

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313

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean English Fincher of 52nd

Fincher of 54th Foster Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Lester Littlefield McGill Overby Paulk

Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those voting in the negative were Senators:

Bryant Evans

Gillis Land

Langford Wessels

Those not voting were Senators:

Eldridge Holloway (presiding)

Hudgins Riley

Tysinger

On the passage of the bill, the yeas were 44, nays 6.

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

HB 169. By Representatives Williamson of the 45th, Hatcher of the 131st, Phillips of the 59th and Birdsong of the 102nd:
A bill to amend Code Section 24-601, relative to the enumeration of duties of justices of the peace, so as to delete the requirement that justices of the peace shall make a list of names of all persons not on the tax digest.
Senate Sponsor: Senators Evans of the 37th and Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Walker Wessels

Voting in the negative was Senator Howard.

Those not voting were Senators:

Barker Eldridge

Holloway (presiding) Riley

On the passage of the bill, the yeas were 48, nays 1.

Sutton Tysinger

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

HB 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clauses has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.
Senate Sponsor: Senator Allgood of the 22nd.

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315

The Senate Committee on Special Judiciary offered the following substitute to HB 277:

A BILL
To be entitled an Act to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), so as to provide that no future extension of credit, shall be secured by virtue of an "open-end" clause in the mortgage or deed to secure debt if the grantor of the instrument has transferred the property or a valuable interest therein and if the transfer instrument has been filed for record and actual knowledge of such transfer given to the holder of such mortgage or deed to secure debt; provided, however, that advances made to pay taxes, premiums on insurance, to pay sums due the holder of a deed to secure debt or lien on the property without which payment the secured position of the holder of the mortgage or deed to secure debt advancing such payment would be jeopardized, to repair, main tain or preserve the property and to complete improvements on the proper ty, and expenses incident to the collection of the secured debt and the foreclosure thereof by court action and/or by exercise of a power of sale, shall be secured by a real estate mortgage or deed to secure debt whether or not such mortgage or deed to secure debt contains clauses providing therefore; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act limiting the effect of "open-end" clauses appear ing in mortgages or deeds conveying realty as security for a debt, approv ed March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act ap proved April 3, 1978 (Ga. Laws 1978, p, 1705, is hereby amended by deleting Section 1 in its entirety, and substituting a new Section 1 as follows:
"Section 1. The operation of 'open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provide that such instruments or the property thereby conveyed secure, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor is limited to other debts or obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such securi ty instrument. The term 'original parties' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated."
Section 2. Said Act is further amended by adding following Section 1 thereof a new section to be designated Section 2, to read as follows:

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"Section 2. (a) A real estate mortgage or deed conveying realty as security for a debt shall secure (whether or not it contains clauses pro viding therefor) advances made to pay taxes, to pay premiums on in surance on the property, to pay sums due the holder of a deed to secure debt or lien on the property without which payment the secured position of the holder of the mortgage or deed to secure debt advancing such pay ment would be jeopardized, to repair, maintain or preserve the property, and to complete improvements on the property whether such advances were made by the original owner or any subsequent owner of the mort gage or deed to secure debt, and whether the property is still owned by the original mortgagor or grantor or owned by a subsequent purchaser of such property, and shall secure all expenses incident to the collection of the debt thereby secured and the foreclosure thereof by action in any court and/or by exercise of the power of sale therein contained.

(b) Except for the above-described advances set out in subsection (a) above, any extension of credit to the mortgagor or grantor after the effec tive date of this Act shall not be secured by virtue of the operation of an 'open-end' clause described in Section 1 if the grantor of the instrument containing such 'open-end' clause has transferred the property subject to such instrument or any valuable interest in such property if the instru ment effecting such transfer has been filed for record and actual notice of such transfer given to the holder of such instrument. In addition to other means of furnishing actual notice, for the purpose of this subsection, 'ac tual notice* shall be deemed to have been given to the holder of such in strument upon evidence that a properly stamped envelope addressed to said holder at its principal office, containing a copy of the recorded transfer, was placed in the United States Mail for Registered or Certified delivery and the holder or an officer, agent, employee or representative of the holder acknowledged receipt thereof on a United States Postal Ser vice Return Receipt Form for Registered or Certified Mail Delivery."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

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317

Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton

Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Wessels

Voting in the negative was Senator Walker.

Those not voting were Senators:

Hill Holloway (presiding)

Hudgins Tysinger

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

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

HB 1080. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act known as the "Georgia Seed Development Act," so as to remove the Governor from membership on the Georgia Seed Develop ment Commission.
Senate Sponsor: Senators McGill of the 24th and 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:

A'llgood Ballard Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

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Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th Foster Gillis Horton Howard

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson

Those not voting were Senators:

Evans Greene Hill

Holloway (presiding) Land Littlefield

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

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

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

HB 1092. By Representatives Hawkins of the 50th, Phillips of the 91st, Dixon of the 151st and others:
A bill to amend Code Section 34-1003A, relating to the Georgia Presi dential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential candidates.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1092:
A BILL
To be entitled an Act to amend Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential can didates; to provide that the selection committee shall not consider the names of certain persons; 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 34-1003A, relating to the Georgia Presidential Preference Primary, is hereby amended by adding, immediately following

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319

the words "primary in this State" where such appear in the second sentence of subsection (a) of said Code Section, the following:
"; provided, however, the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected of fice",
and by adding, immediately following the words "consider such requests" where such shall appear in the second sentence of subsection (b) of said Code section, the following:
"; provided, however, the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office.",
so that when so amended Code Section 34-1003A shall read as follows:
"34-1003A. The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary:
(a) Upon the direction of a presidential candidate selection commit tee composed of a nonvoting chairman who shall be the Secretary of State, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Section 34-1002A. The Secretary of State, during the second week in January of the year in which a presiden tial preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a potential party or body which will conduct a presidential preference primary in this State; provided, however, the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of Presi dent of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary or State shall submit such list of names of potential presidential candidates to the selection committee during the third week in January of the year a presidential preference primary is held. The selection committee shall meet in Atlanta during the fourth week in January of the year in which a presidential preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than February 1 of the year a presidential preference primary is held. Not

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later than February 5 of each year a presidential preference primary is held, the Secretary of State shall notify each potential presidential can didate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to February 10 of each year a presidential preference primary is held, that his name be placed on the ballot. Not earlier than February 10, nor later than February 15, the Secretary of State shall convene the com mittee to consider such requests; provided, however, the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected of fice. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five (5) days after such meeting, the Secretary of State shall notify the potential presidential can didate whether or not his name will appear on the ballot."
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 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 Bryant

Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster

Gillis Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester

Littlefield McGill Overbv Paulk ' Reynolds Riley Robinson

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Russell Scott Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Turner Walker Wessels

Those not voting were Senators:

Greene Hill

Hollowav (presiding) Land

Timmons Tysinger

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

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

Senator Kidd of the 25th moved that HB 1092 be immediately transmitted to the House.

On the motion, the yeas were 43, nays 0; the motion prevailed, and HB 1092 was immediately transmitted to the House.

HR 432. By Representatives Reaves of the 147th, Bostick of the 146th and Veazev of the 146th:
A resolution designating the Georgia Agrirama as the State Museum of Agriculture.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell

Bonel Brantley Broun of 46th Brown of 47th Bryant

Carter Cobb Coverdell Dean Eldridge

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English Evans Fincher of 52nd Fineher of 54th Foster Gillis Hill Horton Howard Hudson Johnson Kennedy

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Kidd Land Langford Lester Littlefield McGill Overbv Paulk ' Reynolds Riley Robinson Russell

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

Those not voting were Senators:

Greene Hollowav (presiding)

Hudgins Ty singer

On the adoption of the resolution, the yeas were 5 1, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 845. By Representatives Felton of the 22nd, Games of the 43rd, Smith of the 42nd and others: A bill to amend Gode Section 79A-8 11.1, relating to the prohibition of trans actions in certain drug-related objects, so as to change the provisions relating to the definition of a drug-related object. Senate Sponsor: Senators Land of the 16th and Stumbaugh of the 55th.
The Senate Committee on Consumer Affairs offered the following amendment:
Amend HB 845 by adding on Page 2, line 26, following the words "legitimate medical" the following:
"or mortuary", and
By adding on Page 2, line 32, following the word "used" the following: "exclusively".
On the adoption of the amendment, the yeas were 31, nays 0, and the committee amendment was adopted.

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323

Senator Johnson of the 34th offered the following substitute to HB 845:
ABILL
To be entitled an Aet to amend Code Chapter 79A-8, the "Georgia Con trolled Substances Act," as amended, particularly by an Act approved April 10, 1978 (Ga. Laws 1978, p. 2237), so as to change the provisions relating to transactions in drug related objects; to change the definition ol certain terms; to change the penalties; to prohibit certain activities relating to drug related objects; to provide for defenses; to declare certain instruments, devices, and objects to be contraband; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OK GEOHIGA:
Section I. Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approved April 10. 1978 (Ga. Laws 1978, p. 2237), is hereby amended by striking C(xle Section 79A-811.1, which reads as follows:
"79A-81I.1. Transactions in drug-related objects prohibited, (a) 'Drug-related object means any instrument, device or object 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 elfect on the human body of marijuana or a con trolled substance;
(3) To test the strength, effectiveness, or purity of marijuana or a controlled substance.
(b) It shall lie unlawful for any person ('transleror') to sell, ofler 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 controlled substance lor which the object is primarily intended to be used.
(c) Any person who shall violate any provision of this Section shall l)e guilty of a misdemeanor and. upon conviction thereol, shall be punish ed as for a misdemeanor. ,
in its entirety and inserting in lieu thereol a new Code Section 79A-81 I. I to read as follows:
"79A-811.1. Transactions in drug related objects prohibited.
(1) 'Drug related object' means any instrument, device, or object which is designed or marketed as useful primarily for one or more of the following purposes:
(A) To inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance;

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(B) To enhance the effect on the human body of marijuana or a con trolled substance;
(C) To test the strength, effectiveness, or purity of marijuana or a controlled substance;
(D) To process or prepare for introduction into the human body marijuana or a controlled substance;
(E) To conceal any quantity of marijuana or a controlled substance;
(F) To contain or hold marijuana or a controlled substance while it is being introduced into the human body.
(2) It shall be unlawful tor any person or corporation, knowing the drug related nature of the object, to sell, lend, rent, lease, give, exchange., or otherwise distribute to any person any drug related object. It shall also be unlawful for any person or corporation, knowing the drug related nature of the object, to display for sale, or possess with the intent to distribute, any drug related object. Unless stated within the body of the advertisement or notice that the object that is advertised or about which information is disseminated is not available for distribution of any sort in Georgia, it shall be unlawful for any person or corporation, knowing the drug related nature of the object, to distribute or disseminate in any man ner to any person any advertisement of any kind or notice of any kind which gives information, directly or indirectly, on where, or how, or from whom, or by what means any drug related object may be obtained or made. 'Knowing' as used herein means either actual or constructive knowledge of the drug related nature of the object, and a person or cor poration has constructive knowledge of the drug related nature of the object if he or it has knowledge of facts which would put a reasonable and prudent person on notice of the drug related nature of the object.
(3) It shall be unlawful for any person or corporation, other than a licensed pharmacist or practitioner licensed to dispense Legend Drugs, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any per son a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose.
(4) It shall be an affirmative defense that the person to whom the drug related object or advertisement or notice was distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance for which the object is primarily intended to be used. It is also an affirmative defense that the drug related object was designed or marketed as useful primarily for veterinary or agricultural purposes.
(5) For a first offense, any person or corporation which shall violate any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as for a misdemeanor of a high and aggravated nature. For a third or subsequent offense, the de-

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325

fondant shall be guilty of a felony and shall, upon conviction, be imprisoned for not less than one year nor more than five years and shall l>c fined not more than $5,000.00.
(6) All instruments, devices, and objects which are distributed or possessed in violation of this section are hereby declared to be contra band.
(A) Any instruments, devices, or objects which are the subject of prosecution under this section may be destroyed by the state or any coun ty or municipality thereof without court order after conviction and after all direct appeals from the conviction have been exhausted.
(B) Any instruments, devices, or objects which are seized after the ef fective date of this subsection on condemnation as being distributed or possessed in violation of this section and are not made the subject of pros ecution under this section may be destroyed by the state or any county or municipality thereof only after compliance with the following pro cedure. Within 90 days after seizures made under this section, which seizures are made after the effective date of this subsection on condemna tion, the district attorney or solicitor of any court that has jurisdiction to try misdemeanors in the county where the seizure occurred shall institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner of the seized items, if known; and, if the owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's adver tisements are published. Said petition shall allege that the seized items were distributed or possessed in violation of this section. If no defense shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers and the court shall order the seized items to be destroyed; otherwise, the case shall proceed as other civil cases in said court. Should the state prove, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of this law, the court shall order the seized items to be destroyed.
(7) Should any part or provision of this section be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the section as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional."
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 Johnson of the 34th offered the following amendment:
Amend the substitute to HB 845 offered by Senator Johnson of the 34th as follows:
By deleting paragraph (4) on Page 4 in its entirety, and renumbering paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6) respectively.

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On the adoption of the amendment offered by Senator Johnson of the 34th to the substitute to HB 845 offered by Senator Johnson of the 34th, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans

Fincher of 52nd Fincher of 54th Foster Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overbv

Paulk Reynolds Riley Robinson Russell Scott Stephens Stumbaugh Summers Sutton Tate Thompson Turner Walker

Voting in the negative were Senators Hudgins and Littlefield.

Those not voting were Senators:

Eldridge Gillis Holloway (presiding)

Starr Timmons Tysinger

Wessels

On the passage of the bill, the yeas were 46, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senators Dean of the 31st and Fincher of the 54th introduced Honorable W. D. Trippe, former Senator from the 3 1st district, who briefly addressed the Senate.

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The following general bill of the Senate, having been lost on February 21, 1979, reconsidered on February 22, 1979, committed on January 14, 1980, to the Committee on Governmental Operations and tavorably reported by the committee, was put upon its passage:

SB 200. By Senator Kidd of the 25th:
A bill to provide for the mediation of grievances between certain State employees and their respective State agencies; to define certain terms; to create the State Employees Grievances Committee; to provide for the powers, duties and compensation of its members; to provide for noneligible employees; to provide procedures for settlement of grievances.

Senator Kidd of the 25th moved that SB 200 be postponed until Monday, January 28.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 200 postponed until Monday, January 28.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 404. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 2()th and others:
A bill to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to create the crime of loitering or prowl ing; to provide for a penalty.

The Senate Committee on Special Judiciary offered the following substitute to SB 404:
A BILL
To be entitled an Act to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to create the crime of loitering or prowling; to provide for a penalty; to provide for all procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, is hereby amended by adding at the end thereof a new Code section to be designated Code Section 26-2616 and to read as follows:

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"26-2616. Loitering or prowling, (a) A person commits the offense of loitering or prowling when one is in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(b) Among the circumstances which may be considered in deter mining whether such alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to iden tify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it imprac ticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by re questing the person to identify himself and explain his presence and con duct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure, or if it appears at trial that the explanation given by the person was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm or immediate concern.
(c) A person committing the offense of loitering or prowling shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
(d) This section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting loitering or prowling within their respective limits."
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 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 Broun of 46th

Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge

English Evans Fincher of 52nd Foster Gillis Greene Hill

Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford

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329

Lester McGill Overby Paulk Reynolds Riley Robinson Scott Starr

Stephens Summers Button Tate Thompson Timmons Turner Walker

Voting in the negative were Senators Littlefield and Stumbaugh.

Those not voting were Senators:

Brantley Fincherof 54th

Holloway (presiding) Russell

Tysinger Wessels

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

The bill, having received the requisite constitutional majority, was passed by s;1 ubstitute.

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 448. By Representatives Felton of the 22nd, Ross of the 76th, Phillips of the 120th and others: A bill to amend an Act providing that the State Board of Education or a committee thereof may hold meetings anywhere within or without the State so as to change the provisions relative to the compensation and expenses of the members of said Board of Education.
HB 452. By Representatives Coleman of the 118th, Colbert of the 23rd, Greene of the 138th and others: A bill to provide that any person, other than a fugitive from justice, who knows or has reason to know that he is presumed missing or dead and that State or local governmental agencies are trying to locate him shall be re quired to immediately notify the nearest civil defense agency, fire depart ment or police agency.

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

HB 206. By Representative Pinkston of the 100th:
A bill to amend Code Section 22-404, relating to venue so as to delete the provision that requires a corporation to have an office in a count)' in order to be sued.
Senate Sponsor: Senator Allgood of the 22nd.

Senators Allgood of the 22nd and Barnes of the 33rd offered the following amend ment:
Amend HB 206 by adding after the word "venue," on Page 1, line 23, the following:
"except as to a cause of action for defamation of character,".

On the adoption of the amendment, the yeas were 41, nays 3, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Voting in the negative was Senator Foster.

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

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331

Those not voting were Senators:

Brantley Evans Fincher of 54th

Holloway (presiding) Russell Tysinger

Wessels

On the passage of the bill, the yeas were 47, nays 1.

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

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

SR 247. By Senator Reynolds of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an instrumentality of the State of Georgia to be known as the Gwinnett Judicial Building Authority; to authorize the said authority to acquire, construct, equip, maintain, and operate self-liquidating projects embracing buildings and facilities for use by Gwinnett County, a political subdivision of the State of Georgia, for its judicial functions; to provide for the appointment of the members of the authority; to provide for the manner of changing the number of members and the manner of their appointment; to provide for the appointment of an advisory committee; to provide for the manner of changing the number of members of the advisory committee and the manner of their appointment; to define certain words and terms; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority and Gwinnett County, a political subdivision of the State of Georgia, to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate Gwinnett County, a political subdivision of the State of Georgia, to make payment for the use of the facilities for the term thereof definite and certain and to pledge for that purpose money from the general funds of the county derived from taxation and other lawful sources; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings or other funds of the authority and to pay the cost of such undertakings or projects; to limit the aggregate prin cipal amount of revenue bonds outstanding at any one time to an amount not exceeding 1 percent of the latest approved gross tax digest of Gwinnett County; to authorize the collection and pledging of such revenue, rentals, and earnings for the payment of such bonds and the cost of maintaining, operating, and repairing of projects; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the

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issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provi sions of this amendment; to exempt the property and income of the authority from taxation; to provide for the authority's immunity and exemption from liability for torts and negligence; to provide that the property of the authori ty shall not be subject to levy and sale except under certain conditions; to provide that this amendment shall be liberally construed; to provide an ef fective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the authority's operations; 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, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"GWINNETT JUDICIAL BUILDING AUTHORITY:
A. Creation. There is hereby created a body politic to be known as the Gwinnett Judicial Building Authority which shall be deemed to be an in strumentality of the State of Georgia and a public corporation and in that name, style, and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
B. Purpose. The said authority is created for the purpose of acquiring, constructing, equipping, maintaining, and operating self-liquidating proj ects embracing buildings and facilities for use by Gwinnett County, a political subdivision of the State of Georgia, for its governmental and judicial functions, including but not limited to the Superior Courts of Gwin nett County, clerk of Superior Court of Gwinnett County, Support Division of Gwinnett Superior Court, district attorney for Gwinnett Superior Court, State Court of Gwinnett County, clerk of State Court of Gwinnett County, solicitor of state court, Juvenile Court of Gwinnett County, Probate Court of Gwinnett County, Probation and Offender Rehabilitation Department of Gwinnett Courts, and Sheriff's Department of Gwinnett County.
In the event the above-named governmental and judicial functions shall be subject to change by additions thereto, the same may be accomplished by an Act of the General Assembly.
C. Membership. The authority shall consist of three members, and the initial members shall be selected and appointed by the governing authority of Gwinnett County. No individual who holds an elected public office or is an attorney at law may be selected and appointed a member of the authori ty. The terms of office of the members of the authority shall be a period of four years from the date of their appointment and they shall hold office until their successors shall be named and appointed. Any vacancy on the authori ty may be filled for any unexpired term by the governing authority of Gwin nett County. Immediately after such appointments, the members of such

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333

authority shall enter upon their duties. The authority shall elect one of its members as chairman, and one as vice-chairman, and shall also elect a secretary and treasurer, which secretary and treasurer need not necessarily be a member of the authority. Two members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right ot the quorum to exercise all the rights and pertorm all the duties of the authority. The membership of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses necessarily 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 ot the authority or the qualifications of the membership of the authority or the manner in which the members oi the authority shall be selected shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
D. Definitions. As used herein the following words and terms shall have the following meanings:
(1) The word 'authority' shall mean the Gwinnett Judicial Building Authority herein created.
(2) The words 'Gwinnett County' shall mean Gwinnett County, a political subdivision of the State ot Georgia.
(3) The word 'project' shall be deemed to mean and include building and related facilities intended for use as courthouse, judicial building, judicial facilities, other offices, and related uses and all buildings, struc tures, utilities, and structures of every kind deemed necessary or desirable by the authority in connection therewith. In the event the definitions of the word 'project' shall ever become the subject of change1 , the same may be accomplished by an Act of the General Assembly.
(4) The term 'cost of the project' shall embrace the cost of construc tion; the cost of all lands, properties, rights and easements, and franchises acquired; the cost of all machinery and equipment, financing charges, in terest prior to and during construction; cost of engineering, architec tural, and legal expenses, and of plans and specifications, and other ex penses necessary or incident to determining the feasibility or practicabili ty of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized; the construc tion of any project; the placing of the same in operation; and the condem nation of property necessary for such construction and operation. Any obligation or expense incurred for any ot the foregoing purposes shall be regarded as a part of the cost ot the project and may be paid or reim bursed as such out of the proceeds of revenue bonds issued under the pro visions herein.
(5) The terms 'revenue bonds' and 'bonds,' as used in this amend ment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and in addition shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for herein.

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(6) Any project or combination or projects shall be deemed 'self- liquidating' if, in the judgment of the authority, the revenues to be derived by the authority from rentals of said project or projects to Gwinnett County or agencies, authorities, departments, and political subdivisions of the State of Georgia will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, pro jects, or combination of projects.
E. Powers. The authority shall have the powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose o( real and personal property of very kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and con ditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall con tinue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the authori ty, the authority t>cing under no obligation to acorpt and pay for any property condemned as provided herein except from the funds provided herein; and, in any proceedings to condemn, 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 l)e condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless at the time such property is so ac quired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and Gwinnett County and any divisions, departments, institutions, agencies, counties, or political sub divisions of the State of Georgia are hereby authorized to enter into con tracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generali ty of the above, authority is specifically granted to the said county and any division, department, institution, agency, or political subdivision ol the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years and any division, department, institution, agen cy, or political subdivision of the State of Georgia may obligate itself to

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pay an agreed sum for the use of such property and Gwinnett 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 struc tures, buildings, or facilities of the authority tor a term not exceeding 50 years upon approval of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part ot the undertaking to pay the cost of maintaining, repair ing, and operating the property furnished by and leased Irom the authori ty;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, to be located on property owned or leased by the authority, 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 from the United States of America or any agency or instrumen tality thereof;
(7) To accept loans or grants or 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 im pose;
(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged tor that pur pose and to provide tor the payment ot the same and tor the rights ot the holders thereof; and
(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitu tion and laws of this state.
F. 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 Irom time to time, to provide by resolution lor is suance of negotiable revenue bonds in a sum not to exceed 1 percent of the latest approved gross tax digest of Gwinnett County in aggregate principal amount outstanding at any one time, tor the purpose of paying all or any part of the cost as herein defined of any one or more projects. In the event the amount of revenue bonds authorized to be outstanding becomes subject to be increased, the change authorizing the increase may be accomplished by an Act of the General Assembly. The principal and interest of such revenue bonds shall be pa\'able solely from the special tund 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 or any amendment thereto, shall be payble semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payble 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 conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds

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or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ca. Laws 1937, pp. 761, et scq.. as amended) and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
G. Same; form; denominations; 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 denomination or denomina tions of the bonds and the place or places of payment of principal and in terest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bonds as to the principal alone and also as to both the principal and interest.
H. Same; signature; seal. In case any officer whose signature shall ap pear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed manually or by use of the facsimile signature of the chairman of the authority and attested by the secretary and treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons at tached thereto shall bear the facsimile signatures o? the chairman and secretary and treasurer of the authority. 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 to hold the proper of fice, although at the date of delivery and payment of such bonds such per sons may not nave l*ecn so authorized or shall not have held such office.
1. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions hereof shall be fully negotiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the state.
J. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to l>e for the best interest of the authority.
K. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects; and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to pro vide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall lie deemed to lie of the same issue and shall lie entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the

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surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
L. 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 certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
M. Same; replacement of lost or mutilated bonds. The authority may also provide (or the replacement of any bond which shall become mutilated or be destroyed or lost.
N. Same; conditions precedent to issuance; object of 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 herein. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds upon the provisions hereof shall become effective immediatley 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 by a majority of the quorum as herein provided.
O. Revenue bonds not debt. Revenue bonds issued by the authority hereunder shall not be deemed to constitute a debt of Gwinnett County nor of any municipality, county, authority, or political subdivision of the State of Georgia or instrumentality of the United States government which may contract with such authority. No contracts entered into by the authority with any such municipality, county, authority, or political subdivision of the State of Georgia, or instrumentality of the United States government shall create a debt of the respective municipalities, counties, authorities, or political subdivisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; but Gwinnett County may obligate itself to make the payments required under such contracts with moneys derived from the general funds of the County derived from taxation and from other lawful sources, without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia.
P. Same; trust indenture 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 outside of the state. 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 o( the authority, both real and personal. 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 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 insurance of the property; and the custody, safeguarding, and application of

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all moneys, 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 con sulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds of revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, it 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 such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and ot 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 tor the security of the bond holders. 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.
Q. Same; to whom proceeds of bonds 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 are herein provided and such regulations as may be provided in such resolution or trust indenture.
R. Same; 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 moneys derived from the sale of any properties, both real and personal of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the pay ment of the principal 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 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 payments 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 agent or agents for paying principal and interest, 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 a fund 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, surplus moneys 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 canceled and shall not again be issued.

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S. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining 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, ac tion, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be per formed by the authority, or any officer thereof, including the fixing, charg ing, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
T. Same; refunding bonds. The authority is hereby authorized to provide by resolution for the issue of revenue bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the right of the holders thereof, and the duties of the authority in respect to the same, shall l)e governed by the foregoing provisions hereof insofar as the same may lie applicable.
U. Same; 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 Gwinnett County, Georgia, and any action pertaining to validation ot any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
V. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to be sued, 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 such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, 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 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 bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States government, if a party to the validation proceedings, contracting with the said authority.
W. Same; 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 interest 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

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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 con stitute a contract with the holders of such bonds.

X. Moneys received considered trust funds. All moneys received pur suant to the authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, tees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein.

Y. Exemption from taxation. It is hereby declared that the authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its ac tivities in the operation and maintenance of the buildings erected or ac quired by it or any fees, rentals, or other charges for the use ot such buildings or other income received by the authority.

Z. Immunity trom tort actions. The authority shall have the same im munity and exemption from liability for torts and negligence as the State of Georgia has; and the officers, agents, and employees of the authority when in 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 employees of the State of Georgia. The authority may be sued in the same manner as private corporations may be sued on any contractut'al obligation of the authority.

AA. Property subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process except such proper ty, 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.
BB. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding 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.

CC. General Assembly. This amendment is self-enacting 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 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 limits of the area of Gwinnett County, Georgia."

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341

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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create a body corporate and politic and as an instrumentality of the State
[ ] NO of Georgia to be known as the Gwinnett Judicial Building Authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 and ef fective as a part of said Constitution immediately upon proclamation of its ratification bv the Governor.

The Senate Committee on Community Affairs offered the following amendment:

Amend SR 247 by striking on Page 1 from lines 12 through 15 the following:
"to provide for the appointment of an advisory committee; to pro vide for the manner of changing the number of members of the advisory committee and the manner of their appointment;".

On the adoption of the amendment, the yeas were 46, 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:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th

Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge

English Fincher of 52nd Foster Gillis Greene Hill Horton

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Howard Hudgins Hudson Johnson Kennedy Kidd ' Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh

Those not voting were Senators:

Brantley Evans Fincher of 54th

Holloway (presiding) Land Littlef ield

Summers Sutton Tate Thompson Timmons Turner Walker
Russell Tysinger Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

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

SR 248. By Senator Overby of the 49th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the crea tion of a Gainesville Redevelopment Authority; to provide powers; to specify limitations; to permit the issuance of certain bonds; to provide for other mat ters relative to the foregoing; 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 VIII, Paragraph I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject ot the conditions and limitations specified by local law, the General Assembly may create a Gainesville Redevelopment Authority to assist and promote the economic development and redevelopment of those areas of the City of Gainesville selected by the authority for development, redevelopment, or other improvement. In addition to such other powers as may be specified by law, the authority may: (1) issue revenue bonds, notes, bonds, or revenue certificates and pledge for the retirement of the indebtedness revenues or taxes levied by the City of Gainesville for the purposes of the authority within one or more tax districts; (2) acquire, own, operate, and dispose of real and personal property and construct or remodel same; (3) finance commercial, office, retail, wholesale, restaurant, recreational, hotel, motel, parking, and

FRIDAY, JANUARY 25, 1980

343

transportation projects for private enterprise and finance utilities, streets, parks, and public improvements of all kinds for public or private use; and (4) contract with any municipality, county, political subdivision, authority, or other public or private corporation for periods of less than 50 years. The authority may not: (1) exercise the power of eminent do main; (2) engage in an undertaking or undertakings or in a project or projects requiring capital expenditures until a resolution approving same has been adopted by a majority vote of the members of the governing authority of the City of Gainesville attending a regular or special meeting of the governing authority at which a majority of the members of the governing authority is present; or (3) purchase or acquire land or facilities for lease, sale, other conveyance to an industry for any purpose, except that the authority may purchase, acquire, or develop property or facilities to be sold, leased, or conveyed for industrial use if: (a) the in dustrial use of the property or facility, or a portion thereof, is incidental to a project or undertaking of the authority that is principally devoted to the exercise of its powers used to serve its otherwise authorized purpose; or (b) the governing authority of the City of Gainesville passes a resolu tion at a regular or special session, with a quorum being present and a majority of those present voting in the affirmative, that such a facility or property is appropriate for development by the authority because the facility or property should be coordinated with, or developed in conjunc tion with, or as a part of, a project or undertaking which the authority is otherwise authorized to undertake. For the purposes of the preceding sentence, an industrial use is 'incidental' to a project or undertaking if the total capital cost of the property or facility to be utilized for industrial purposes total capital cost does not exceed 25 percent of the total capital cost of the project or undertaking. Until amended or otherwise changed by the General Assembly, the provisions of an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. Laws 1978, p. 4440), are hereby ratified and continued, except to the ex tent in conflict with the provisions of this paragraph and except that the Genera.1 Assembly may not remove or reduce any power of the authority as specified in the Act."
Section 2. The above proposed amendment ot the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide constitutional authority for the establishment of a
[ ] NO Gainesville Redevelopment Authority and to provide for the powers, duties, and responsibilities of the authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell
Dean Eldridge English Fincher of 52nd

Foster Gillis Greene
Hill
Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Scott
Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Brantley Evans Fincher of 54th

Holloway (presiding) Land Littlefield

Russell Tysinger Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

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

SR 251. By Senators Land of the 16th and Hudgins of the 15th:

A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from taxes levied for educational purposes in Muscogee County the homestead of cer tain residents of the county aged 62 years or older; to provide for conditions and limitations; to specify procedures; to repeal a certain constitutional pro vision applicable to educational taxes in the Muscogee County School District; to provide for submission of this amendment for ratification or re jection; and for other purposes.

FRIDAY, JANUARY 25, 1980

345

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 a new paragraph immediately preceding the final paragraph thereof to read as follows:
"Each resident of the Muscogce County School District who is 62 years of age or older prior to January 1 of the tax year is hereby granted an exemption for the tax year from all ad valorem taxation for educa tional purposes levied for or in behalf of the school district, including taxes to retire bonded school indebtedness, on a homestead owned and occupied by him as a residence if his net income, together with the net in come of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter 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 SecurityAct, and income from such sources in excess of such max imum amount shall be included as net income for the purposes of this paragraph. 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 Muscogee County, giving his age and the amount of income which he and his spouse received during the last tax able 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 en titled 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 provi sions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Pro vided, that after any such owner has filed the proper affidavit, as provid ed 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 allow ed 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 ex emption including penalties necessary therefor. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more of such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such ex emptions shall also extend to those homesteads, the title to which 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 qualitica-

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JOURNAL OF THE SENATE,

tions provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning alter December 31, 1980."
Section 2. That certain amendment to Article VII, Section I, Paragraph IV of the Constitution of 1945, which is found at Georgia Laws 1974, p. 1676, is hereby repealed in its entirety.
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to exempt from school taxes the homesteads of residents of Muscogee County
[ ] NO who are 62 years of age or older and who have net annual incomes of $4,000.00 or less?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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.

Senators Land of the 16th and Hudgins of the 15th offered the following amend ment:
Amend SR 251 by striking on Page 3, line 24 the word "at" and insert ing in lieu thereof the word "in".

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Broun of 46th Brown of 47th

Bryant Carter Cobb Coverdell

FRIDAY, JANUARY 25, 1980

347

Dean Eldridge English Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Hudson

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson Scott

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Brantley Evans Fincher of 54th

Holloway (presiding) Land Littlefield

Russell Tysinger Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

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

The following local, uncontested resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 450. By Representatives McDonald of the 12th and Irvin of the 10th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Banks County; to provide for the sub mission of this amendment for ratification or rejection; and for other pur poses.
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 Banks 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 ex ceed $500.00."

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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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the civil [ ] NO jurisdiction of justices of the peace in Banks County from $200.00 to $500.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Foster Gillis Creene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGili Overby Pan Ik '

Reynolds
Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators

Brantley Evans Fincher of 54th

Holloway (presiding) Land Littlefield

Russell Tysinger Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

FRIDAY, JANUARY 25, 1980

349

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

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

HB 275. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 1 15th and Culpepper of the 98th:
A bill to amend an Act creating the office ot judge of the superior courts emeritus (now known as senior judge of the superior courts) so as to provide that certain senior judges may become nonresidents of the State under cer tain circumstances.
Senate Sponsor: Senator Barnes of the 33rd.

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

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

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

DATE: February 22, 1979

SUBJECT: Fiscal Note-House Bill 275 Senior Judge of the Superior Courts Retirement Fund

This Bill would allow Senior Judges of the Superior Courts who are 65 or older, or who become disabled after being appointed Senior Judge, to con tinue to receive their retirement income should they become nonresidents of Georgia. This legislation would also prohibit a nonresident Senior Judge from presiding in any court of this state while a nonresident.

The precise fiscal impact of this Bill cannot be determined. However, based on the current salary paid Superior Court Judges ($38,500 per year), this Bill would require the state to continue to pay approximately $26,000 per year in retirement income to any Senior Judge who becomes a nonresi dent. Under current law, Senior Judges are not eligible to receive their retire ment if they become nonresidents of Georgia because they would not be eligible to be called upon to serve in an off ical capacity.

Is/ William M. Nixon, State Auditor

/si C. T. Stevens, Director, Office of Planning and Budget

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Senator Riley of the 1st offered the following amendment:

Amend HB 275 by adding on Page 2, line 1 after the word "may" the following:
"upon a doctor's order".

On the adoption of the amendment, the yeas were 39, nays 3, 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 ot the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Ba rnes Bell Bond Broun of 46th Brown of 47th Brvant Carter Cobb Coverdell Dean English Evans

Foster Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Revnolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Tatc Timmons Turner Walker

Those voting in the negative were Senators:

Barker Eldridgc Fincher of 52nd

Hill Paulk Sutton

Thompson

Those not voting were Senators:

Brantley Fincher of 54th

Holloway (presiding) Russell

Tysinger Wessels

On the passage of the bill, the yeas were 42, nays 7.

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

FRIDAY, JANUARY 25, 1980

351

HB 488. By Representatives Mostiler and Fortune of the 71st, Oldham of the 14th and Childers of the 15th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps, and prisoners, so as to authorize counties receiving certain State funds for State prisoners assigned to county correctional institutions to use such State funds to supplant county funds or previous levels of county funding.
Senate Sponsor: Senator Cobb 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
Barker
Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Foster Gillis
Greene
Hill Horton Howard Hudgins Johnson Kennedy Kidd Land Langtord Lester

McGill
Overby
Paulk ' Reynolds Riley Robinson Scott Starr Stunibaugh Sutton Timmons Turner Walker

Those not voting were Senators:

Brantley Fincher of 54th Holloway (presiding) Hudson

Littlefield Russell Stephens Summers

Tare Thompson Tysinger Wessels

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

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The following bills of the House were read the first time and referred to commit tees:

HB 448. By Representatives Felton of the 22nd, Ross of the 76th, Phillips of the 12()th and others:
A bill to amend an Act providing that the State Board of Education or a eommittee thereof may hold meetings anywhere within or without the State so as to change the provisions relative to the compensation and expenses of the members of said Board of Education.
Referred to Committee on Education.

HB 452. By Representatives Coleman of the 118th, Colbert of the 23rd, Greene of the 138th and others:
A bill to provide that any person, other than a fugitive from justice, who knows or has reason to know that he is presumed missing or dead and that State or local governmental agencies are trying to locate him shall be re quired to immediately notify the nearest civil defense agency, fire depart ment or police agency.
Referred to Committee on Judiciary.

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

At 12:43 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate adjourned until 10:00 o'clock A.M. Monday.

MONDAY, JANUARY 28, 1980

353

Senate Chamber, Atlanta, Georgia Monday, January 28, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of Friday, January 25, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills of
the House:
HB 85. By Representative Buck of the 95th: A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to strike and reenact certain provisions relative to certain rates of interest.
HB 1101. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others: A bill to amend Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, so as to provide that not more than 50 per cent of such directors may be directors, superintendents, trustees, or employees of hospitals.
HB 1104. By Representative Greer of the 43rd: A bill to amend Code Title 22, relating to corporations, so as to delete provi sions for change of registered agent or office or both in annual reports.
HB 1239. By Representatives Carrell of the 75th and Johnson of the 74th: A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relative to the terms of the Superior Court of Walton County.

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HB 1257. By Representative Johnson of the 74th:
A bill to amend Code Section 26-1302, relating to aggravated assault, so as to provide additional penalties for the crime of aggravated assault under certain circumstances.

HB 1317. By Representative Buck of the 95th:
A bill to amend Code Section 56-405, relating to the definition of "property insurance" for the purposes of certain provisions of Code Title 56, known as the "Georgia Insurance Code," so as to provide for the content of any con tract, agreement, or instrument considered to be "property insurance."

HB 1341. By Representative Irvin of the 10th:
A bill to provide a new charter for the Town of Martin in the Counties of Franklin and Stephens.

HB 1088. By Representatives Lane of the 40th, Carnes of the 43rd, Smith of the 42nd and Adams of the 36th:
A bill to amend an Act providing that all meetings of any State Department, agency, board, 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 educa tion, 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.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 510. By Representatives Greene and Moody of the 138th: A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is exempt from county taxes, from $2,000.00 to $ 10,000.'0().
HR 51 1. By Representatives Moody and Greene of the 138th: A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Appling County, which is exempt from County taxes, from $2,000.00 to $ 10,000.00.
HR 516. By Representative Swann of the 90th: A resolution proposing an amendment to the Constitution so as to limit the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes.

MONDAY, JANUARY 28, 1980

355

HR 518. By Representative Birclsong of the 103rd:
A resolution proposing an amendment to the Constitution so as to change the amount of certain homestead exemptions from ad valorem taxes levied for county and school puiposes in Twiggs County.

HR 519. By Representatives Harris, Anderson and Hasty 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 Bartow County shall have jurisdiction.

HR 520. By Representatives Harris, Hasty and Anderson of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall he granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence.

HR 558. By Representatives Beal of the 28th, Williams of the 54th, Walkins of the 34th and others:
A resolution urging the adoption by retail business establishments in this state ol discount programs tor needy elderly citizens.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 1 131. By Representatives Phillips of the 125th, Tuten of the 153rd and Culpeppcr of the 98th:
A bill to amend Code Title 88. relating to public health, so as to require notice to certain courts and their prosecuting attorneys concerning petitions for the release of alcohol or drug dependent, mentally ill, and mentally retarded persons detained by the order of such courts under Code Section 27-1502or27-l503.

HB 1 138. By Representative Johnson of the 74th:
A bill to amend Code Chapter 24-29, relating to district attorneys, so as to provide that any county may supplement the salary ol the district attorney of the judicial circuit in which the county lies.

HB 1180. By Representatives Phillips of the 125th and Tripled ol the 128th:
A bill to amend an Act comprehensively revising the laws relating to sub poenas and other like processes and providing for the attendance of witnesses and the fees thereof, so as to provide for the amount to be allotted per mile for traveling expenses for witnesses.

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HB 1182. By Representative Swann of the 90th:
A bill to amend Code Section 67-2003, relating to mechanics' liens on cer tain personal property, so as to change the period of time within which cer tain claims of lien must be filed for record.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 501. By Senators Reynolds of the 48th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Title 95A, known as the "Georgia Code of Public. Transportation", as amended, so as to amend the definition concerning "In dustrial or commercial activity" so as to require that those activities within 660 feet of the nearest edge of the right-of-way must not only be visible from the main traveled way but must also be recognizable as being an industrial or commercial activity. Referred to Committee on Transportation.
SB 502. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, as amended, so as to authorize the board to conduct official business, without notice, by telephone under special circumstances. Referred to Committee on Governmental Operations.
SB 503. By Senators Lester of the 23rd, Gillis of the 20th, Turner of the 8th and others:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall be eligible for consideration for parole upon completion of ten years' service. Referred to Committee on Offender Rehabilitation.
SB 504. By Senators Langford of the 51st, Ballard of the 45th, Allgood of the 22nd and others:
A bill to amend an Act providing for the organization, venue, practice, and procedure of certain courts which are below the superior court level, as amended, so as to provide that keeping minutes of proceedings in traffic cases shall not be necessary. Referred to Committee on Judiciary.

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357

SR 282. By Senators Gillis of the 20th, Riley of the 1st, Kennedy of the 4th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when review ing and approving county tangible property tax digests; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 283. By Senator English of the 21st:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Burke County, Georgia, to Grattan W. Rowland and the accep tance of certain property owned by Grattan W. Rowland, located in Burke County, Georgia, in consideration therefor.
Referred to Committee on Public Utilities.

SR 284.-By Senator Kiddot the 25th:
A resolution authorizing the State Properties Commission to convey certain State-owned real property located in Baldwin County, Georgia, to Georgia Power Company and the acceptance of certain property owned by the Georgia Power Company, located in Baldwin County, Georgia, in con sideration therefor.
Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and refer red to committees:
HB 85. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to strike and reenact certain provisions relative to certain rates of interest. Referred to Committee on Retirement.
HB 1088. By Representatives Lane of the 40th, Carnes of the 43rd, Smith of the 42nd and Adams of the 36th:
A bill to amend an Act providing that all meetings of any State Department, agency, board, 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 educa tion, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times. Referred to Committee on Rules.

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HB 1 101. By Representatives Buck of the 95th, Thompson of the 93rd, Smyrc- of the 92ml and others:
A bill to amend Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, so as to provide that not more than 50 per cent of such directors may be directors, superintendents, trustees, or employees of hospitals.
Referred to Committee on Human Resources.

HB 1 104. By Representative Greer of the 43rd:
A bill to amend Code Title 22, relating to corporations, so as to delete provi sions for change of registered agent or office or both in annual reports. Referred to Committee on Judiciary.

HB 1 131. By Representatives Phillips of the 125th, Tuten of the 153rd and Culpepper of the 98th:
A bill to amend Code Title 88, relating to public health, so as to require notice to certain courts of their prosecuting attorneys concerning petitions for the release of alcohol or drug dependent, mentally ill, and mentally retarded persons detained by the order of such courts under Code Section 27-1502 or 27-1503. Referred to Committee on Special Judiciary.
HB 1 138. By Representative Johnson of the 74th:
A bill to amend Code Chapter 24-29, relating to district attorneys, so as to provide that any county may supplement the salary of the district attorney of the judicial circuit in which the county lies. Referred to Committee on Special Judiciary.

HB 1180. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act comprehensively revising the laws relating to sub poenas and other like processes and providing for the attendance of witnesses and the fees thereof, so as to provide for the amount to be allotted per mile for traveling expenses for witnesses. Referred to Committee on Judiciary.
HB 1 182. By Representative Swann of the 90th:
A bill to amend Code Section 67-2003, relating to mechanics' liens on cer tain personal property, so as to change the period of time within which cer tain claims ol lien must be filed for record. Referred to Committee on Special Judiciary.

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HB 1239. By Representatives Carrell of the 75th and Johnson of the 74th:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relative to the terms of the Superior Court of Walton County. Referred to Committee on Judiciary.

HB 1257. By Representative Johnson of the 74th:
A bill to amend Code Section 26-1302, relating to aggravated assault, so as to provide additional penalties for the crime of aggravated assault under certain circumstances. Referred to Committee on Judiciary.

HB. 1317. By Representative Buck of the 95th:
A bill to amend Code Section 56-405, relating to the definition of "property insurance" for the purposes of certain provisions of Code Title 56, known as the "Georgia Insurance Code," so as to provide for the content of any con tract, agreement, or instrument considered to be "property insurance".
Referred to Committee on Banking, Finance and Insurance.

HR 558. By Representatives Beat of the 28th, Williams of the 54th, Watkins of the 34th and others:
A resolution urging the adoption by retail business establishments in this state of discount programs for needy elderly citizens. Referred to Committee on Industry, Labor and Tourism.

HB 1341. By Representative Irvin of the 10th:
A bill to provide a new charter for the Town of Martin in the Counties ot Franklin and Stephens. Referred to Committee on Community Affairs.

HR 510. By Representatives Greene and Moody of the 138th:
A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is ex empt from county taxes, from $2,000.00 to $ lO.OOO'.OO. Referred to Committee on Community Affairs.

HR 511. By Representatives Moody and Greene of the 138th:
A resolution proposing an amendment to the Constitution so as to increase the amount of homestead of each resident of Appling County, which is ex empt from county taxes, from $2,000.00 to $ 10,000.00. Referred to Committee on Community Affairs.

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HR 516. By Representative Swann of the 90th:
A resolution proposing an amendment to the Constitution so as to limit the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes. Referred to Committee on Community Affairs.

HR 518. By Representative Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution so as to change the amount of certain homestead exemptions from ad valorem taxes levied for county and school purposes in Twiggs County. Referred to Committee on Community Affairs.

HR 519. By Representatives Harris, Anderson and Hasty 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 Bartow County shall have jurisdiction. Referred to Committee on Community Affairs.

HR 520. By Representatives Harris, Hasty and Anderson of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence.
Referred to Committee on Community Affairs.

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

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1185. Do pass. HB 1243. Do pass. HB 1248. Do pass. HR 456. Do pass. HR 481. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

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361

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

SB 355. By Senator Holloway of the 12th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to change the rate of interest; to change the loan balance on which a fee may not be charged or collected on a loan made to the same bor rower during the immediately preceding two months period of time.

SB 380. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that it shall be unlawful for a person, acting directly or indirectly or through or in concert with one or more other persons, to acquire control of any financial institution except under certain conditions.

SB 38 1 . By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Chapter 89-8, relating to officers collecting, keeping, and accounting for public moneys, as amended, so as to authorize certain collecting officers and officers holding public funds to determine the amount of public money held by them which may be deposited and main tained in a particular depository.

SB 382. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 41 A, known as the "Financial Institutions Code of Georgia", as amended, so as to redefine "trust company"; to authorize the department to waive or modify any requirement to publish a notice under certain conditions.

SB 383. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, so as to clarify and interpret further the term "unlawful acquisition"; to provide for editorial revisions.

SB 384. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, so as to provide that the merger or consolidation provisions shall comply with the Financial Institutions Code of Georgia.

SB 385. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend an Act delimiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for debt, as amended, so as to clarify and define further the meaning of the term "original party".

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SB 387. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 67-1305.1, relating to transfers of deeds to secure debt, so as to change the procedures relative to transfers of deeds to secure debt; to provide that partial transfers shall be stated upon a separate instrument.

SB 388. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend the Act known as the "Housing Authorities Law", as amend ed, so as to remove the interest rate on bonds issued by a housing authority.

SB 417. By Senator Robinson of the 27th:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal pro visions, as amended, so as to provide for a new offense to be known as loiter ing; to define said offense; to provide for guidelines to be used in determin ing whether an offense has been committed; to provide for a penalty.

SB 425. By Senators Howard of the 42nd, Kidd of the 25th and Greene of the 26th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change certain examination and fee requirements; to pro vide for fee refunds; to provide for additional requirements of certain per sons failing the examinations.

SR 231. By Senators Littlefield of the 6th and Eldridge of the 7th:
A resolution relieving the surety on a certain bond in the Superior Court of Ware County.

SB 105. By Senator Sutton of the 9th:
A bill to amend Code Chapter 5-16, relating to inspection and sale of naval stores and lumber, as amended, so as to provide requirements in connection with the sale of pulpwood and timber.

SB 217. By Senator Greene of the 26th: A bill to amend Code Section 56-3004, relative to accident and sickness in surance policies, so as to provide for coverage on an out-patient basis; to provide for other matters relative thereto.
HB 253. By Representative Williamson of the 45th: A bill to repeal Code Chapter 23-22, relating to the Commissioner of the Poor and the duties of the Commissioner of the Poor.

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363

HB 717. By Representative McKinney of the 35th:
A bill to amend Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries.

HB 898. By Representatives Walker of the 115th, Waddle of the 1 13th, Greene of the 138th and others:
A bill to grant immunity from arrest, prosecution or civil action for trespass to registered professional engineers, registered surveyors and their agents, servants and employees for entering lands of a third party in the conduct ot engineering or land surveys.

HB 1074. By Representative Walker of the 1 15th:
A bill to amend Code Chapter 105-11, relating to injuries to health, so as to provide immunity for certain persons regarding donated food made to non profit organizations; to preserve the liability of certain nonprofit organiza tions.

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and condi tioned air fixtures and systems through the regulation of electrical contrac tors, plumbers and conditioned air contractors.

HB 1167. By Representative Harris of the 8th:
A bill to provide a supplementary appropriation for the Department of Of fender Rehabilitation for the fiscal year ending June 30, 1980.

HB 1203. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act", so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.

HR 204. By Representative Daugherty of the 33rd:
A resolution compensating Mr. Robert L. Blackmon in the amount of $50,000.00.

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

SB 438. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amend ed, so as to vest the investigators of the solicitor's office with arrest powers; 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 45, nays 0.

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

SB 440. By Senator Barnes of the 33rd: A bill to amend an Act creating the State Court of Cobb County, as amend ed, so as to change certain provisions relating to the judge pro hac vice.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 461. By Senator Timmons of the 11 th: A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Miller County into the office of the tax commissioner of Miller County so as to change the compensation provisions relating to the tax com missioner; 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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SB 462. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the tax collector of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation.

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

On the passage of the bill, the yeas were 45, nays 0.

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

SB 463. By Senator Kidd of the 25th: A bill to abolish the present mode of compensating the tax receiver of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 464. By Senator Kidd of the 25th: A bill to abolish the present mode of compensating the clerk ot the superior, court of Jones County known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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SB 465. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change the provisions relating to the compen sation and travel expenses of members of the board; to change the provisions relating to purchases and bids; to provide an effective date.

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

On the passage of the bill, the yeas were 45, nays 0.

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

SB 466. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the probate court ol Jones County known as the lee system; to pro vide in lieu thereof an annual salary, as amended, so as to repeal the provi sions relating to the employment of personnel by the judge of the probate court.

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

On the passage of the bill, the yeas were 45, 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 Ballunl Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Bryant Carter Gobi) Eldridge English

Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway
Horton Howard Hudson Johnson Kennedy Kidd Land

Langford Lester Little-field McGill Overby Paulk ' Reynolds
Riley Robinson Russell Scott Starr Stephens Stumbaugh

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367

Summers Sutton Thompson

Timmons Turner Tysinger

Walker Wessels

Not answering were Senators:

Coverdell Dean

Foster Huclgins

Tate

Senator Land ot the 16th introduced the chaplain of the day, Dr. Clyde Wasdin, pastor of North Highland Assembly of God, Columbus, Georgia, who offered Scripture reading and prayer.
SENATE CALENDAR Monday, January 28, 1980 FIFTEENTH LEGISLATIVE DAY
SB 200. State Employees Grievances Committee--create (SUBSTITUTE) (Gov Op-25th)
SB 347. Sale of Alcoholic Beverages on Election Days--change certain provisions (SUBSTITUTES) (C Aff-25th)
SB 290. Educational Television Commission--create (SUBSTITUTE) (Gov Op--27th)
SB 343. Employees Involved in Reduction in Force--departments employ (SUBSfITUTE) (Gov Op--25th)
SB 349. Georgia Railroad Banking Company--testimony of officers in court suits (BF&I--9th)
SB 391. Persons Operating Radar Speed Devices--certification (AMENDMENT) (Trns--48th)
SB 401. Convict Possession of Currency--contraband and subject to forfeiture (Off R --50th)
SB 403. State-Owned Vehicles--indicate nature of entity owning (Trns--44th)
SB 406. Sentences and Executions--new Code Section (Off R--44th)
SB 411. State Agency Liability Insurance--extended to certain law enforcement officers (BF&I--44th)
SB 412. State Employees--engage in political activities certain conditions (Gov Op--25th)
SB 424. Funeral Service Board--continue but later terminate (Gov Op--42nd)
SB 433. Municipal Election Code--certain school administrators serve as deputy registrars (AMENDMENT) (Gov Op--25th)
SB 434. Election Code--qualifications of registrars and deputies (Gov Op--25th)

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SB 454. Board of Recreation Examiners--change membership (SUBSTITUTE) (Gov Op-36th)
SB 455. Regulatory Agencies--change provisions on performance audits (Gov Op--27th)
SB 458. Adequate Program for Education in Georgia--certain instructional personnel considered employed by local unit of administration (Ed-- 53rd)
SR 81. Schools--open Tuesday following Labor Day (AMENDMENT) (Ed-15th)
SR 236. Executive Branch Department Heads--confirmation by Senate (Gov Op--25th)
SR 238. Office Vacancy--General Assembly committees fill certain circumstances (Gov Op--25th)
SR 239. Identical Bills Passing each House--no action by other House (Gov Op--25th)
SR 243. National Defense Week--request Governor designate February 12-22 (D&VA--27th)
SR 249. Jail Standards--relative to (Off R-44th)
SR 258. Informing Public of Rules Adopted by Executive Agency--feasibility study (Gov Op-37th)
SR 262. Liston Elkins Parkway--designating (Trns--7th)
HB 284. Deaf Persons -- rights to equal public accommodations (AMENDMENT) (Hum R--42nd)
HB 651. Deeds, Instruments to which United States, State is Party--exempt from tax (AMENDMENT) (Judy--49th)
HB 672. Criminal Cases--provide discovery of statements made by defendants (SUBSTITUTE) (S Judy--33rd)
HB 1081. Official Use of Motor Vehicle--change mileage allowance rate (Gov Op-25th)
HB 1109. Abatement of Nuisances--statement of purpose and intent (Judy--42nd)
HB 1111. Cooperative Marketing Act--filing of articles of incorporation (Judy--49th)

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following general bill of the Senate, having been lost on February 21, 1979, reconsidered on February 22, 1979, committed to the Senate Committee on Govern mental Operations on January 14, 1980, favorably reported by the committee and postponed on January 25 until today, was put upon its passage:

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SB 200. By Senator Kidd of the 25th:
A bill to provide for the mediation of grievances between certain State employees and their respective State agencies; to define certain terms; to create the State Employees Grievances Committee; to provide for the powers, duties, and compensation of its members; to provide for noneligible employees; to provide procedures for settlement of grievances.

The Senate Committee on Governmental Operations offered the following substitute to SB 200:
A BILL
To be entitled an Act to provide for the mediation of grievances between certain state employees and their respective state agencies; to define certain terms; to create the office of State Grievance Arbitrator and to provide for the powers, duties, and compensation of such officer; to provide procedures for settlement of grievances; to provide for attorney's fees; to provide for ap peals; to provide for group grievances; to provide for suspension of grievance procedure in certain situations; to provide for judicial review and procedures connected therewith; to provide for costs; to provide for rules and regulations; to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, so as to repeal certain provisions relating to adverse actions; to change certain provisions relating to hearings and judicial review; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions. As used in this Act, the following words shall have the following meanings:
(1) "Classified service' shall mean the classified service as defined in Section 2 of an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as now or hereafter amended.
(2) "Commissioner" shall mean the commissioner of the State Merit System of Personnel Administration, who is the chief executive officer of the state merit system.
(3) "Board" shall mean the State Personnel Board.
(4) "Employee" shall mean an employee in the classified service of state government.
(5) "Grievance" shall be defined as a claim initiated by an employee alleging his employment has been adversely affected by unfair treatment; unsafe or unhealthful working conditions; erroneous or capricious inter pretation or application of agency policies and procedures or the rules

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and regulations of the State Personnel Board; or allegations of unlawful discrimination because of race, color, sex, national origin, handicap, age, or religious or political opinions or affiliations. The term "grievance," shall include adverse actions.
(6) "Adverse action" shall mean an action taken for cause by an ap pointing authority or his designee which results in the suspension without pay, demotion, disciplinary reduction in salary, or dismissal of a perma nent employee. Such term shall not include actions resulting from reduction-in-force, insufficient funds, decrease in funds, or change in departmental needs.
Section 2. State Grievance Arbitrator, (a) There is hereby created the office of State Grievance Arbitrator. The State Grievance Arbitrator, hereafter referred to as the arbitrator, shall have the authority to mediate the settlement of all grievances and disputes between individual state employees in the classified service within the State Merit System of Person nel Administration and their respective state agencies. The arbitrator shall be appointed by the Governor, subject to confirmation by the Senate, to serve for a term of two years. The initial term shall begin September 1, 1980, and successors shall take office on the first day of September every two years thereafter. Vacancies shall be filled in the same manner as original appointees for the duration of the unexpired term. No person shall be appointed to such office unless he has at least five years' active experience in employer-employee relations.
(b) The State Personnel Board shall determine the salary and any addi tional compensation of the arbitrator, provided that said salary shall not be less than $18,000.00.
(c) The office of State Grievance Arbitrator shall be assigned to the State Merit System of Personnel Administration for administrative purposes.
Section 3. Proceedings before the arbitrator, (a) The arbitrator shall take whatever action is necessary to insure an equitable, orderly, and ex peditious hearing. The arbitrator shall determine the exact location of all hearings, preferably at neutral sites.
(b) The arbitrator shall have the authority to administer oaths and alfirmations; to issue subpoenas for files, records, and papers pertinent to any investigation concerning a grievance filed by an employee pursuant to the provisions of this Act; to rule upon oilers of proof; to determine the order of testimony and the appearance of witnesses; to fix the time for tiling briefs; to call additional witnesses; to subpoena witnesses; to limit the number of witnesses subpoenaed; to make such rules and regulations as may be necessary to carry out the functions of his office provided by this Act; and to secure the services of a recording secretary and other personnel and staff at his discretion; provided that funds are appropriated for such purpose. Witnesses summoned by subpoena shall be entitled to witness fees and travel allowance in the amount allowed for appearance in superior courts, the cost of same to be advanced by the party requesting the subpoena prior to is suance of same unless otherwise provided in this Act. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify to any matter regarding which he may be lawfully interrogated, the

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superior court of any county which has personal jurisdiction over such per son, on application of the arbitrator, may issue an order requiring such per son to comply with such subpoena and to testify; and any failure to obey such order of the court may be punished by the court as a contempt thereof.
(c) With respect to all hearings before the arbitrator:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The ar bitrator shall give effect to the rules of privilege recognized by law. Ob jections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, and at the discretion ot the arbitrator, parties shall be given an opportunity to com pare the copy with the original.
(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts.
(4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the ar bitrator's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so notic ed. The arbitrator's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

Section 4. Procedure for settlement, (a) All grievance between a state employee and the state agency by which he is employed shall be made and heard in the manner provided by this Act for the mediation and settlement of such grievances. During the procedure for settlement, an employee may be represented at each step by his designated representative. The arbitrator may modify the action of the department but may not increase the severity of such action on the employee. A grievance or dispute between a stateemployee in the classified service and the agency of the state by whom he is employed shall be entertained by the arbitrator upon the application of the employee, providing there shall have been compliance with the following re quirements:
(1) Adjust dispute: that the employee aggrieved or his represen tative, or both, shall have attempted to adjust the dispute through oral communication with the employee's immediate supervisor within five working days of the time that the employee is aware of the grievable inci dent. The immediate supervisor is then required to render an oral deci sion to the employee within three working days.

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(2) Grievance in writing: if the employee is dissatisfied with the oral decision of his immediate supervisor, he or his representative, or both, may, within five working days following the date of the oral decision, present the grievance to his supervisor again, this time in written form. The supervisor is then required to make his decision in writing and pre sent it to the employee within five working days.
(3) Appeal to the department head: if the employee is dissatisfied with the supervisor's written decision, he or his representative, or both, then may, within five working days following receipt of the decision, ap peal in writing to the department head. The department head or his designee shall meet with the employee or his designated representative, or both, within 20 working days of receipt of the employee's notice of dissatisfaction and attempt to adjust the dispute. Withiji live working days after such meeting, the department head shall render a decision in writing to the aggrieved employee and his representative.
(4) Appeal to the State Personnel Board: if the employee is dissatisfied with the written decision following the meeting with the department head, he may appeal in writing to the State Personnel Board within five working days after receipt of the written decision. The board shall, within five working days following its regular monthly meeting, reply in writing to the aggrieved employee, his representative, and the department head involved, stating the board's decision based on merit system laws, rules, and regulations.
(5) Submission to arbitrator: in the event the grievance shall not have been satisfactorily adjusted under paragraphs (1) to (4) within the time limits therein, the dispute may be submitted by the employee or the department to the arbitrator within five working days following the writ ten decision of the State Personnel Board. Following receipt of the deci sion, the arbitrator shall have 30 days to investigate the matters in con troversy and shall hear all interested persons who come before him.

Steps (1) and (2) ot this subsection shall not be necessary with respect to adverse actions. The employee may appeal an adverse action in writing to the department head within ten days after receipt of notification of such adverse action or pending adverse action. The right of appeal of an adverse action shall not apply when persons are separated or otherwise adversely af fected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board.
(b) The arbitrator shall, within 20 days after hearing an appeal or con sidering a dismissal, make his findings and decisions and report such find ings and decisions to the employee and the employing agency. Such decision shall be final. The agency-respondent in the appeal will be bound by the final decision and will take action immediately to implement its obligation under the decision.
(c) The commissioner may extend any time limit specified in paragraphs (1) to (4) of subsection (a) for an additional period not to exceed ten days upon written application of either party on condition the applica-

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tion is submitted within time provided for in the applicable step; otherwise, failure of an employee to pursue a grievance within prescribed time limits shall constitute an acceptance of the last response by the department. Failure of the department to respond within stipulated time limits provided for in the applicable step shall constitute an automatic waiver of that step, and the employee may proceed to the next step as outlined in this section.
(d) (1) If an employee engages the services of an attorney to enforce his rights under this Act and the employee prevails, the reasonable fee of the attorney, as determined by the arbitrator, shall be assessed against the department.
(2) In any proceeding before the arbitrator where the employee prevails, the department shall reimburse the employee for any witness fees and costs paid by the employee.
Section 5. Group grievances. The commissioner shall promulgate rules and regulations which provide for consolidation of grievances which are related to the same subject matter or occurrence.
Section 6. Suspension of grievance procedure, (a) In the event of an emergency situation, the department head may, upon written notice to the commissioner stating the reasons therefor, suspend the right of grievance under this Act for all or part of the agency for a period not to exceed 30 days; provided, however, that on written request of the department head, stating the reasons therefor, the suspension may be extended as approved by the commissioner.
(b) A suspension of the right of grievance as provided in subsection (a) may delay, but shall not otherwise prejudice, any grievance filed before the effective date of the suspension nor shall the period of suspension be con strued as cause to deny or otherwise limit any grievance filed within 15 days after the period of suspension has expired.
(c) If, in the opinion of the commissioner, the reasons for suspension of the right of grievances are specious, without merit, or insufficient, he may, upon written notice to the department head, revoke the suspension and direct that grievances be processed as provided in this Act. The department head shall promptly comply with such order of the commissioner.
Section 7. Judicial review, (a) Any party, including the state and any state board, bureau, commission, or department, who has exhausted all ad ministrative remedies available before the arbitrator and who is aggrieved by a final decision or order of the arbitrator may seek judicial review of the final decision or order of the arbitrator in the superior court of the county of the place of employment of the employee.
(b) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the final decision or order is rendered. Copies of the petition shall be served upon the arbitrator and all parties of record. The petition shall state the nature of the petitioner's interest, the facts show ing that petitioner is aggrieved by the decision of the arbitrator, and the grounds upon which petitioner contends the the decision or order should be reversed or remanded. The petition may be amended with leave of court.

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(c) Within 30 clays after the service of the petition, or within further time allowed by the court, the arbitrator shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(d) The filing of the petition shall stay the enforcement of the ar bitrator's decision or order.
(e) If, before the date set for hearing the appeal by the superior court, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the pro ceedings before the arbitrator, the court may order that the additional evidence be taken before the arbitrator upon conditions determined by the court. The arbitrator may modify his findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court.
(f) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the arbitrator as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the arbitrator or remand the case for further proceedings. The court may reverse the decision or order of the arbitrator if substantial rights of the petitioner have been prejudiced because the arbitrator's findings, inferences, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the arbitrator;
(3) Made upon unlawful procedure;
(4) Clearly erroneous in view of the reliable, probative, and substan tial evidence on the whole record; or
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(g) A party aggrieved by an order of the court in a proceeding authoriz ed under this section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with an Act approved February 19, 1965 (Ga. Laws 1965, p. 18), as now or hereafter amended.
Section 8. Costs. The costs of carrying out the provisions of this Act shall be paid from funds appropriated to or available to the State Merit System of Personnel Administration.
Section 9. Rules and regulations. The State Personnel Board shall be authorized to promulgate rules and regulations to carry out the provisions of this Act.

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375

Section 10. State Personnel Board Act. An Act completely and ex haustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, is hereby amended by striking and repealing in its entirety Section 7, which reads as follows:
"Section 7. Adverse actions, appeals and hearings, (a) Permanent status employees may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board.
(b) The procedure adopted for dismissing a permanent status employee from employment or otherwise adversely affecting his compen sation or employment status shall include, as a minimum, an opportunity to file an appeal and request a hearing which may be held before either the Board or one of its hearing officers; provided, however, the hearing may be held subsequent to the effective date of the dismissal or other pur ported adverse action; provided, further, the right to appeal shall not ap ply when persons are separated or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Person nel Board.
(c) No adverse action appealed to the State Personnel Board under the provisions of the rules and regulations of the Board, the provisison of this Act, or otherwise, shall be considered invalid for failure to follow or comply with the rules and regulations of the Board, this Act, or any other requirement unless it is shown that the individual against whom the ac tion has been taken has been substantially harmed by the procedural failure.
(d) The decision of the Board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be binding upon the ap pointing authority. The Board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law and such decision shall be stayed pending other further appeal.
(e) As provided in Section 4(b), the State Personnel Board is authorized to employ a hearing officer or hearing officers for the purpose of holding hearings and otherwise assisting in the resolution of appeals."
Section 11. State Personnel Board Act. Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 7A and inserting in lieu thereof two new subsections (a) and (b) to read as follows:
"(a) Any laws to the contrary notwithstanding, from and after the effective date of this section, all hearings on purported violations of the

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rules and regulations in the several departments which are included in the career service shall be instituted by tiling a written appeal with the State Personnel Board upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the Board. The provisions of this section shall not be applicable to grievances which may be brought before the State Grievance Arbitrator. The party appealing to the Board and the department from whose action the appeal is taken shall be notified in writing within seven (7) days from the filing of the appeal that an appeal has been filed and the time for which a hear ing is scheduled.
(b) The State Personnel Board, any member of the Board, or any duly appointed hearing officer shall have the authority to do the follow ing in connection with any hearing on a purported violation of the rules and regulations in the several departments which are included in the career service: to administer oaths and affirmations; sign and issue sub poenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the Board's jurisdiction over the subject matter or parties or for any other ground; dispose of mo tions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Board or the hearing officer."
Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 29, 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:

Barker Bond Carter Eldridge Foster Hudgins

Kennedy Kidd Langford Littlefield Paulk Robinson

Those voting in the negative were Senators:

Allgood Ballard

Barnes Bell

Russell Stephens Sutton Tate Wessels
Broun of 46th Brown of 47th

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377

Bryant Cobb Coverdell English Evans Fincher of 52nd Fincher of 54th Gillis Greene

Hill Horton Howard Hudson Johnson Land McGill Overby Reynolds

Riley Scott Starr Stumbaugh Summers Timmons Turner Tysinger Walker

Those not voting were Senators:

Brantley Dean

Holloway (presiding) Lester

On the passage of the bill, the yeas were 17, nays 33.

Thompson

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Kidd of the 25th moved that the following bill of the Senate be postponed until January 31:
SB 347. By Senator Kidd of the 25th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors'" as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 347 was postponed until January 31.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 290. By Senator Robinson of the 27th: A bill to create the Georgia Educational Television Commission; to provide for the membership, power, authority, employees, and property of the com mission; to provide for the terms of office; to transfer the Georgia Educa tional Television Network, its property and employees to the control and management of the Georgia Educational Television Commission; to provide for practices and procedures.
The Senate Committee on Governmental Operations offered the following substitute to SB 290:

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A BILL
To be entitled an Act to create the Public Telecommunications Task Force; to provide for the responsibilities of the task force, its composition, and staffing; to provide for the termination of the task force; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, public and educational television constitutes an increasing ly important and significant source of social, cultural, and political in formation to the people of Georgia; and
WHEREAS, public and educational television has the potential to enrich significantly the educational experiences of all the citizens of the state, children and adults alike; and
WHEREAS, public and educational television is an increasingly com plex technological enterprise and will become more so in the future; and
WHEREAS, the cost of providing public and educational television has experienced a dramatic increase in the past decade and all projections for the future indicate that the costs associated with quality programming will continue to rise in the near future; and
WHEREAS, the current state management structure of public and educational television in Georgia has not resulted in a diminution of duplication of services, has not maximized efforts to reduce costly and un necessary competition between elements, has not provided a uniform quali ty of coverage to the people of Georgia, and has resulted in underutilization of resources and equipment; and
WHEREAS, the absence of an efficient organizational structure and single responsive authority has resulted in loss of opportunities for service to the people; and
WHEREAS, past studies conducted in 1971, 1977, and 1979 have well documented the need for an immediate change in the present division of organizational responsibilities between the State Board of Education and the Board of Regents for public and educational television and for the con solidation of such responsibilities under a single, separate entity.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Public Telecommunications Task Force to be composed of the following members:
Two members of the Board of Regents to be appointed by the chairman of the Board of Regents,
Two members of the State Board of Education to be appointed by the chairman of the State Board of Education,
Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives,

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379

Three members of the Senate to be appointed by the President of the Senate, and
Three members to be appointed by the Governor. The Governor shall designate from the entire membership that individual who shall serve as chairman of the task force.
Section 2. Members of the General Assembly who serve on the task force shall receive the compensation and allowances authorized by law to be received by members of interim legislative study committees. The remaining members of the task force shall be reimbursed for their actual expenses in curred while engaged in the performance of their duties and responsibilities as members ot the task force. The members of the task force who are members of the Board of Regents or the State Board of Education shall be reimbursed from those funds appropriated to or otherwise available to each respective and appropriate board. The remaining members of the task force shall be reimbursed from those funds appropriated to or otherwise available to the executive department.
Section 3. The task force shall make a thorough and exhaustive inquiry into the organizational, operational, and management structure alternatives which are deemed and recommended as most efficient and best equipped to allow the public and educational television responsibilities of the state to be consolidated and exercised under a single supervisory authority. The task force shall consult and advise with the Board of Regents and the State Board of Education in order to evaluate and address properly any particular areas of concern which each board has perceived and developed during the course of the tenure and experience which each respective board has exercised over their particular and unique areas of broadcast interest.
Section 4. The Office of Legislative Counsel, the Office of Planning and Budget, the State Department of Education, and the Board of Regents shall make available and provide to the task force such staff assistance, technical expertise, and counseling as shall be appropriate and desired by the task force and as shall be available and commensurate with and com patible with such agencies' ongoing responsibilities and commitments.
Section 5. The task force shall make a report of its findings and recom mendations to the 1981 session of the Georgia General Assembly, at which time it shall stand abolished.
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 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.

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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 Barker Barnes Bell Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eld ridge English Evans Fincher of 54th Foster

Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk Reynolds

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

Those voting in the negative were Senators:
Hudgins Land Timmons

Those not voting were Senators:

Bond Brantley

Dean Fincher of 52nd

Holloway (presiding) Russell

On the passage of the bill, the yeas were 46, nays 3.

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

The President resumed the Chair.

SB 343. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, as amended, so as to re quire departments to employ certain employees involved in a reduction in force under certain circumstances.

MONDAY, JANUARY 28, 1980

381

The Senate Committee on Governmental Operations offered the following substitute to SB 343:
A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Per sonnel Board and the State Merit System of Personnel Administration, ap proved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, so as to require departments to employ certain employees involved in a reduction in force under certain circumstances; to require departments to give consideration to certain other employees involved in a reduction in force; to provide for working test and permanent status; to restrict the payment of relocation ex penses; to authorize the State Personnel Board to nullify the employment of individuals involved in a reduction in force under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, is hereby amended by adding im mediately following Section 7A a new section, to be designated Section 7B, to read as follows:
"Section 7B. Certain employees involved in reduction in force, (a) When reductions are being made in permanent personnel of the classified service within any department ot state government, the department, prior to employing a nonstate employee, shall be required to employ any employee separated as a result ot the reduction in force for any job vacancy within the department at the same or a lower pay grade in a class for which the employee is qualified, provided that such employee has a very good performance evaluation. The department shall only be required to consider for employment for a job vacancy any such employee who does have a good performance evaluation. The per formance evaluation shall be based on retention credits, length of service, and an overall evaluation by the former department. An individual in volved in a reduction in force who is employed by the department as pro vided for in this section shall be subject to the rules and regulations of the State Personnel Board relating to working test and permanent status.
(b) The state shall be required to pay relocation expenses of person nel employed by the departments after a reduction in force in the depart ment.
(c) Notwithstanding any other provisions of this section, if a depart ment can show cause in writing that it is not in the best interest of the department to employ an individual involved in a reduction in force even though the individual has a very good performance evaluation, the State Personnel Board may nullify the employment of such individual. The statement of the department shall be provided to the employee, and the action of the board may be appealed by an aggrieved party in ac cordance with the provisions of Section 7A."

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

Senator Gillis of the 20th offered the following amendment:

Amend the substitute to SB 343 offered by the Senate Committee on Governmental Operations by deleting on line 16, Page 2 the following:
"(b) The State shall be required to pay relocation expenses of person nel employed by the departments alter a reduction in force in the depart ment.";
and
by relettering subsection (c) to (b).

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage ot 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 Ba rnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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383

Those not voting were Senators:

Barker Brantley

Dean Langford

Russell Stumbaugh

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

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

SB 349. By Senator Sutton of the 9th:
A bill to amend an Act entitled "An Act to amend the acts incorporating the Georgia Rail Road and Banking Company, and the Central Rail Road and Banking Company of Georgia", so as to strike certain provisions relating to the production of books and testimony of officers of the Georgia Railroad Banking Company in suits and actions in the courts of this state.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill
Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lestcr Littlefield McGill Overby

Paulk Reynolds Riley Robinson
Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysingcr Walker Wessels

Those not voting were Senators:

Brantley Dean

Langford Russell

Stumbaugh

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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.

SB 391. By Senators Reynolds of the 48th and Wessels of the 2nd: A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the certification of certain persons operating radar speed detection devices by the Georgia Peace Of ficer Standards and Training Council.
The Senate Committee on Transportation offered the following amendment:
Amend SB 391 by adding on line 20 of Page 1 after the following: "Vascar,",
the following: "any device designed to measure the speed or velocity of motor
vehicles using the Doppler principle of radio detection and ranging and commonly marketed under the name 'Radar,' ". and by striking from line 6 of Page 2 the following:
"ISA",
and substituting in lieu thereof the following: "15",
and by striking from line 7 of Page 2 the following: "16",
and substituting in lieu thereof the following: "ISA",
and by striking from line 8 of Page 2 the following: "16",
and substituting in lieu thereof the following: "ISA".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

MONDAY, JANUARY 28, 1980

385

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 f

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk '

Those not voting were Senators:

Brantley Dean

Hudson Johnson

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

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

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

SB 401. By Senators Foster of the 50th and Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps, and prisoners, as amended, so as to provide that the possession by a convict of currency and other items unless expressly and specifically authorized by the institution concerned shall constitute contraband and be subject to forfeiture.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Dean Hudson

Johnson Littlefield Russell

/Stumbaugh

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

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

SB 403. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Section 68-260, relating to license plates for motor vehicles owned by the State and political subdivisions thereof, so as to pro vide for requirements which will indicate the nature of the governmental en tity which owns the motor vehicle.

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

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

Those voting in Jhe affirmative were Senators:

Allgood Ballard

Barker Barnes

Bell Bond

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387

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill

Holloway Horton Howard Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Dean Evans

Hudgins Hudson Littlefield

Russell Stumbaugh

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

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

SB 411. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for programs of liability insurance or con tracts of indemnity for State agencies, as amended, so as to provide that such programs may be extended to certain law enforcement officers; to provide the procedures connected therewith; to provide an effective date.

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

On the 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 Broun of 46th

Brown of 47th Bryant Carter Cobb Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton

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JOURNAL OF THE SENATE,

Hudson Kennedv Kidd Land Langford Lester Link-field McGill

Overbv Paulk ' Reynolds Robinson Scott Starr Stephens Summers

Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Coverdell Dean Evans

Howard Hudgins Johnson Rilev

Russell Stumbaugh

On the passage of the bill, the yeas were 45, nays 0.

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

SB 412. By Senator Kidd of the 25th:
A bill to authorize state employees to engage in political activities under certain conditions; to define certain terms; to prohibit certain political ac tivities; to provide a penalty.

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

On the passage ol 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 Broun of 46th Bryant Carter Cobb Eldridge English

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson

Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk Riley Robinson Russell Starr

Stephens Summers Sutton

MONDAY, JANUARY 28, 1980

389

Tate Thompson Timmons

Turner Walker Wessels

Those voting in the negative were Senators:

Brown of 47th Coverdell Evans

Land Reynolds Scott

Tysinger

Those not voting were Senators:
Brantley Dean Stumbaugh

On the passage of the bill, the yeas were 45, nays 7.

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

SB 433. By Senator Kidd of the 25th: A bill to amend Code Title 34A, known as the "Georgia Municipal Election Code", as amended, so as to provide for certain school administrators to serve as deputy registrars; to change the provisions relating to the purging of electors' lists; to change the provisions relating to forms of election ballots with respect to unopposed candidates.
The Senate Committee on Governmental Operations offered the following amend ment:
Amend SB 433 by adding in Section 1 on Page 1, line 21, immediately preceding the words "The provisions", the following sentence:
"Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials under the pro visions of this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register."
On the adoption of the amendment, the yeas were 31, 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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter
Cobb
Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Lester McGill
Overby
Paulk Reynolds

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

Those not voting were Senators:

Brantley Dean Hudson

Johnson Land Langford

Littlefield Stumbaugh

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

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

SB 434. By Senator Kidd of the 25th:
A bill to amend Code Title 34, known as the "Georgia Election Code", as amended, so as to change the provisions relating to the qualifications of registrars and deputy registrars; to provide for ballots with candidates with same or similar names; to change the provisions relating to voting by absentee electors.

Senator Kidd of the 25th offered the following amendment:
Amend SB 434 by adding on Page 2, line 1 after the word "may" the word "be" .

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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391

On the 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
Broun of 46th Brown of 47th Bryant Carter Cobb Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton
Howard Hudgins Johnson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott
Starr Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Brantley Coverdell

Dean Hudson

On the passage of the bill, the yeas were 48, nays 1.

Littlefield Stumbaugh

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

SB 454. By Senators Stephens of the 36th, Hudson of the 35th and Fincher of the 54th:
A bill to amend an Act creating the Board of Recreation Examiners, as amended, so as to provide additional definitions; to change the membership of the board and to change their manner of appointment.

The Senate Committee on Governmental Operations offered the following substitute to SB 454:
A BILL
To be entitled an Act to amend an Act creating the Board of Recreation Examiners, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 357), so as to provide

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additional definitions; to change the membership of the board and to change their manner of appointment; to provide for additional duties of the board; to provide for certain rights; to provide the requirements for taking the ex aminations given by the board; to provide qualifications for certain posi tions; to provide for exceptions to the requirements for applying for a license; to provide for temporary permits; to provide for reasons to refuse to issue or renew certificates or licenses; to provide for recertification or renewal; to provide for exceptions to the Act; to provide that funds will come from the State Examining Boards Division; 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 Board of Recreation Examiners, approv ed March 8, 1968 (Ga. Laws 1968, p. 137), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p, 357), is hereby amended by adding at the end of Section 1 of said Act the following:
"(e) 'Master Therapeutic Recreation Specialist' means a person licensed to supervise and to administer the practice of therapeutic recrea tion as defined in this Act and whose license is in good standing.
(f) 'Therapeutic Recreation Specialist' means a person licensed to supervise and implement the practice of therapeutic recreation under the supervision of or with the consultation of a licensed Master Therapeutic Recreation Specialist and whose license is in good standing.
(g) 'Therapeutic Recreation Technician' means a person who is licensed to work under the supervision of Therapeutic Recreation Specialists or Master Therapeutic Recreation Specialists in the practice of therapeutic recreation.
(h) 'Practice of Therapeutic Recreation means, but is not limited to, the following:
(1) Assessment of leisure functions; determining an individual's present level of recreative and leisure behavior and performance by using standardized procedures which include history taking, observation, staff, client, and family interviews, tests of leisure interests, motor and percep tual skills, social skills, and learning skills; and activity analysis for the purpose of preparing an individually prescribed leisure plan which will be goal oriented and stated in behavioral terms and which will provide a schedule of service and evaluation, and
(2) Therapeutic recreation services which is a process that uses recreation services for purposive intervention in some physicial, emo tional, or social behavior to bring about a desired change in that behavior and to promote the growth and development of that in dividual."
Section 2. Said Act is further amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following:

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393

"Section 2. There is hereby created as a unit of the Examining Boards Division the Board of Recreation Examiners of the State of Georgia. Said board shall consist of eight members appointed by the Governor, with the approval of the Secretary of State and confirmed by the Senate.
Section 3. Said Act is further amended by striking subsection (a) of Sec tion 3 of said Act in its entirety and substituting in lieu thereof the following:
(a) Effective July 1, 1980, the terms of all members of the Board of Recreation Examiners of the State of Georgia as it existed on June 30, 1980, shall expire and the Governor shall appoint all members to the eight-member board. Provided, however, two members shall be Recrea tion Administrators, two members shall be Recreation Supervisors, one member shall be a Master Therapeutic Recreation Specialist, one member shall be a Therapeutic Recreation Specialist, one member shall be actively involved in educating therapeutic recreation majors at an ac credited college or university, and one member shall be a consumer.
(b) All appointments shall be for terms of three years. All members shall serve without compensation but shall be entitled to reimbursement for actual travel and maintenance expenses incurred in the performance of their duties."
Section 4. Said Act is further amended by striking Section 5 of said Act in its entirety and substituting in lieu thereof the following:
"Section 5. The board shall have the following duties and respon sibilities:
(a) Administer a plan of permissive certification and registration for recreation administrators and recreation supervisors and mandatory licensure for therapeutic recreation professionals in a medically based agency or institution and permissive licensure for therapeutic recreation professionals in a municipal, county, or other nonmedically based agen cy or setting.
(b) Make such rules and regulations as may be necessary for the car rying out of the plan.
(c) Establish and modify qualifications and hold examinations for certification and registration of recreation administrators and recreation supervisors, recreation leaders, and for licensure of Therapeutic Recrea tion Technicians. Therapeutic Recreation Specialists, and Master Therapeutic Recreation Specialists.
(d) Keep, or cause to be kept, an accurate record of all its pro ceedings, including a register of all applicants for certificates and licenses and of all individuals to whom certificates and licenses are issued.
(e) Conduct, or assist in conducting, research and studies of prob lems relating to professional standards among those engaged in recrea tion work and recommend changes and improvements therein.

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(f) Formulate proper application forms, certificates, licenses, and other materials pertinent to the plan.
(g) Make annually to the Governor a full and true report of all its ac tivities with recommendations."
Section 5. Said Act is further amended by striking Section 6 of said Act in its entirety and substituting in lieu thereof the following:
"Section 6. No person shall be denied the right to make application for certification, registration, or licensure or for admission to examina tion therefore or to receive a certificate or license because of race, creed, sex, or national origin."
Section 6. Said Act is further amended by striking Section 7 of said Act in its entirety and substituting in lieu thereof the following:
"Section 7. (a) (1) In order to be eligible to take an examination, every applicant for certification and rcgistraton as a Recreation Ad ministrator shall:
(A) Hold a baccalaureate degree in recreation from a college and have a minimum total of 12 months' full-time successful recreation ex perience, or
(B) Hold a baccalaureate degree in a field related to recreation from a college, and have a minimum of 24 months' successful full-time recrea tion experience, or
(C) Hold a baccalaureate degree from a college and have a total of 36 months' successful recreation experience.
(2) Any individual not possessing a baccalaureate degree who shall have had 10 or more years full-time recreation or park specialty ex perience in an administrative or supervisory capacity normally requiring possession of a baccalaureate degree shall be eligible to take the examina tion and be certified upon its successful completion.
(3) In meeting the above-designated qualifications, an applicant may substitute an additional year of specialized graduate training in recreation for one year of successful recreation experience.
(b) In order to be eligible to take the license examination as a Therapeutic Recreation Technician, the applicant must present, in addi tion to those requirements of Section 10, satisfactory evidence that he:
(1) has certification or other proof of satisfactory completion of two academic years of study with emphasis or option in therapeutic recrea tion and is currently employed in a therapeutic recreation setting.
(2) has certification or other proof of satisfactory completion of two academic years of study in related areas such as physical education, drama, arts and crafts, art, dance, or music and two years of professional experience in therapeutic recreation, or

MONDAY, JANUARY 28, 1980

395

(3) has completed an approved high school education or its equivalent as is recognized by proof of a diploma or equivalency cer tificate and has completed four years of full-time paid experience in therapeutic recreation, 200 clock hours of in-service training in therapeutic recreation, or earned 30 National Therapeutic Recreation Society approved Continuing Professional Development Units.
(c) In order to be eligible to take the license examination as a Therapeutic Recreation Specialist, the applicant must present, in addi tion to the requirements of Section 10, satisfactory evidence that he:
(1) has a baccalaureate degree from an accredited college or univer sity with a major in therapeutic recreation and an option or emphasis in therapeutic recreation.
(2) has a baccalaureate degree from an accredited college or univer sity with a major in recreation and two years of professional work ex perience in therapeutic recreation and 30 Continuing Professional Development Units or a combination of work experience and units.
(3) has a baccalaureate degree from an accredited college or univer sity with a major in a field related to therapeutic recreation and has three years of professional work experience in the therapeutic recreation field or 45 Continuing Professional Development Units or a combination of work experience and units, or
(4) has 10 years of documented full-time paid professional ex perience in the field of therapeutic recreation.
(d) In order to be eligible to take the license examination as a Master Therapeutic Recreation Specialist, the applicant must present, in addi tion to the requirements of Section 10, satisfactory evidence that he:
(1) has a master's degree from an accredited college or university with:
(A) a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and two years of profes sional work experience in therapeutic recreation, or
(B) a major in a field related to therapeutic recreation and four years of professional work in the therapeutic recreation field, or
(2) has a baccalaureate degree from an accredited college or univer sity with:
(A) a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and 10 graduate credits in therapeutic recreation or 10 Continuing Professional Development Units plus five years of professional work experience in therapeutic recreation.
(B) a major in recreation and 15 graduate credits in therapeuticrecreation or 15 Continuing Professional Development Units plus six years of professional work experience in therapeutic recreation, or

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(C) a major in a field related to therapeutic recreation and has at least 20 graduate credits or 20 Continuing Professional Development Units plus seven years professional work experience in therapeutic recreation."
Section 7. Said Act is further amended by adding at the end of Section 8 the following:
"(4) An individual not possessing a baccalaureate degree who shall have had 10 or more years full-time recreation or park specialty ex perience in a supervisory or leadership capacity normally requiring possession of a baccalaureate degree shall be eligible to take the examina tion and be certified upon its successful completion."
Section 8. Said Act is further amended by adding at the end of Section 13 the following:
"(d) If an application for any therapeutic recreation license is made prior to July 1, 1982, the applicant may be issued such license without the necessity of submitting to an examination upon presentation of satisfactory evidence that:
(1) he has met all other requirements providing for such license, or
(2) he has been, prior to July 1, 1980, registered as that type of ttyh-e"rapeutic recreator with the National Therapeutic Recreation Socie
Section 9. Said Act is further amended by adding at the end of Section 14 the following:
"A temporary permit to practice as a therapeutic recreationist within the State of Georgia may be granted for a period of up to six months:
(1) as a Therapeutic Recreation Technician to an applicant who is so registered with the National Therapeutic Recreation Society, or
(2) as a Therapeutic Recreation Specialist or Master Therapeutic Recreation Specialist to an applicant who is so registered with the Na tional Therapeutic Recreation Society or who has recently graduated from an accredited college or university and meets the requirements of Section 7, or
(3) as any of the three levels of recreationists provided such appli cant meets the requirements of Section 7 and is transferring from a State which has no licensure or registration process."
Section 10, Said Act is further amended by striking Section 15 of said Act and substituting in lieu thereof the following:
"Section 15. The board may refuse to issue a certificate or license, or revoke any certificate or license issued by it, if the applicant for or holder of such certificate or license has:

MONDAY, JANUARY 28, 1980

397

(a) Been convicted of an offense involving moral turpitude, is a drug addict or alcoholic or is mentally incompetent, or
(b) Advocated the overthrow of the Government of the United States by force and violence or other unlawful means, or
(c) Made any wilful statement or impersonated any other person or permitted or aided any other person to impersonate him in connection with any application for examination for licensure or for certification and registration, or
(d) Been found to be inefficient in performing the duties of any posi tion held by him, on the basis of the holding of which experienced qualifications are offered on his behalf, or
(e) Sold or fradulently obtained or furnished any therapeutic recrea tion diploma, license, renewal, record, or any means of certification or licensure in therapeutic recreation, or aided or assisted therein, or
(f) fradulently represented himself as a therapeutic recreation pro fessional or technician under cover of any diploma, license, or record unlawfully or fraudulently obtained, signed, or issued."
Section 11. Said Act is further amended by designating the current language of Section 16 as subsection (a) and by adding immediately follow ing subsection (a) the following:
"(b) To be eligible for recertification or renewal the applicant must have completed the number of Continuing Professional Development Units as prescribed by the board."
Section 12. Said Act is further amended by adding between Section 16 and Section 17 of said Act a new section, to be designated Section 16A, to read as follows:
"Section 16A. This Act shall not apply to the following:
(1) The furnishing in good faith of rehabilitative services in an emergency,
(2) The practice of prolessional therapeutic recreator which is in cidental to a program of study by students enrolled in therapeutic recrea tion education programs accredited or recognized by the board,
(3) The practice of any qualified therapeutic recreator who is employed bv the U.S. Government, or any bureau, division, or agency thereof, while in the discharge of his official duties, or
(4) Any person licensed under any other law of the State of Georgia or registered or certified by a recognized national professional organiza tion, including physicians, clinical psychologists, nurses, speech pathologists, audiologists, physical therapists, occupational therapists, dance therapists, music therapists, and art therapists."

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Section 13. Said Act is further amended by striking from Section 18 of said Act the following:
"Georgia Recreation Commission",
and substituting in lieu thereof the following:
"State Examining Boards Division",
so that when so amended Section 18 shall read as follows:
"Section 18. The funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise available to the State Examining Boards Division."
Section 14. This Act shall become effective on July 1, 1980.
Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Robinson of the 27th ottered the following amendment:

Amend the substitute to SB 454 offered by the Senate Committee on Governmental Operations by striking on Page 3, lines'! through 14 and in serting in lieu thereof the following:
"Section 2. (a) There is hereby created as a unit of the Examining Boards Division the Board of Recreation Examiners of the State of Georgia. Said board shall consist of eight members appointed by the Governor, with the approval of the Secretary of State and confirmed by the Senate.
(b) Pursuant to Section 9 of the 'Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies,' ap proved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Board of Recreation Examiners of the State of Georgia and the laws relating thereto are hereby continued until July 1, 1981, at which time the board shall be terminated; but the laws relating thereto shall be repealed in their entirety effective on the date specified in Section '8 of said Act."

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 34, nays 0; and the substitute was adopted as amended.

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

MONDAY, JANUARY 28, 1980

399

On the 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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Dean

Evans Stumbaugh

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels

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

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

SB 455. By Senator Robinson of the 27th:
A bill to amend an Act known as "The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies", as amended, so as to change the provisions relating to performance audits.

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

400
Broun of 46th Brown of 47th Bryant Carter Cobb Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway

JOURNAL OF THE SENATE,
Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlcfieid McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Brantley Coverdell

Dean Hudgins

Stumbaugh Walker

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

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

SB 458. By Senators Summers of the 53rd, Fincher of the 54th, Fincher of the 52nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide that instructional personnel who are approved to participate in a personnel exchange program may be con sidered actually employed by a local unit of administration for the purpose of the allotment of State funds.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond

Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Eldridge English Fincher of 54th Foster

MONDAY, JANUARY 28, 1980

401

Gillis Greene Hill Horton Howard Johnson Kennedy Kidd Land Langford Lester

Littlefield McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brantley Dean

Evans Fincher of 52nd Holloway

Hudgins Hudson Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.
The bill, having recieved the requisite constitutional majority, was passed.
The following general resolutions of the Senate, favorably reported by the commit tees, were read the third time and put upon their adoption:
SR 81. By Senator Hudgins of the 15th: A resolution requesting the State Board of Education to establish a policy whereby schools throughout the State will not open until the Tuesday following Labor Day.
The Senate Committee on Education offered the following amendment: Amend SR 81 by striking trom Page 1, line 2 and from Page 1, line 24
the following: "establish a policy",
and inserting in lieu thereof on both lines the following: "study a proposal".
On the adoption of the amendment, the yeas were 29, nays 5, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Gillis Greene Hill Holloway Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Foster Riley

Summers Wessels

Those not voting were Senators:

Ballard Brantley

Dean Fincher of 54th

Hudson Stumbaugh

On the adoption of the resolution, the yeas were 45, nays 4.

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

SR 236. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all heads of departments or agencies of the executive branch of government ap pointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, JANUARY 28, 1980

403

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section II of the Constitution is hereby amended by adding at the end thereol a new Paragraph IX to read as follows:
"Paragraph IX. Executive department heads. All heads of depart ments or agencies of the executive branch of government appointed by the Governor or boards created by this Constitution or law shall be sub ject to confirmation by the Senate, whether such appointments are per manent or temporary. Appointments made by the Governor when the General Assembly is not in session shall be considered by the Senate at the next session of the General Assembly following the appointment. Any person rejected by the Senate shall not be reappointed by the Governor or a board to the same office during the same session or the recess thereafter."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that all heads of departments or agencies of the executive branch of
[ ] NO government appointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Bryant Cobb Coverdell Evans

Fincher of 52nd Greene Hill Horton Johnson Kidd Land Langford

Littlefield Paulk Robinson Russell Scott Stephens Sutton Ty singer

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Barker Broun of 46th Brown of 47th Carter Eldridge English Fincher of 54th

Foster Gillis Holloway Howard Kennedy Lester McGill Overby

Reynolds Riley Starr Summers Thompson Timmons .Walker Wessels

Those not voting were Senators:

Brantley Dean Hudgins

Hudson Stumbaugh Tate

Turner

On the adoption of the resolution, the yeas were 24, nays 24.

The resolution, having failed to receive the requisite constitutional majority, was lost.

SR 238. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for appropriate committees of the General Assembly to fill a vacancy in of fice after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; to provide for the submission of this amendment for ratification or rejection.

Senator Kidd of the 25th moved that SR 238 be postponed until Tuesday, January 29.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 238 was postponed until Tuesday, January 29.

SR 239. By Senators Kidd of the 25th, Russell of the l()th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide that when identical bills are passed by each House of the General Assembly, such bills shall be deemed passed by the General Assembly and shall not re quire action by the other House; to provide for the submission of this amend ment for ratification or rejection.

Senator Kidd of the 25th moved that SR 239 be committed to the Committee on Governmental Operations.

MONDAY, JANUARY 28, 1980

405

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 239 was committed to the Committee on Governmental Operations.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action today in defeating the following resolution of the Senate:

SR 236. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that all heads of departments or agencies of the executive branch of govern ment appointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate; to provide for the submis sion of this amendment for ratification or rejection.

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

SR 243. By Senators Robinson of the 27th and Hudson of the 35th:
A resolution requesting the Governor to designate the week of February 12 through 22 of each year as National Defense Week.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Turner Tysinger Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Brantley Dean Hudgins

Hudson Land Russell

Stumbaugh Timmons Walker

On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 249. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A resolution relative to jail standards.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Turner Tysinger Wessels

Those not voting were Senators:

Brantley Dean Hudson

Russell Stumbaugh

Timmons Walker

On the adoption of the resolution, the yeas were 48, nays 0.

MONDAY, JANUARY 28, 1980

407

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

SR 258. By Senators Evans of the 37th, Robinson of the 27th and Kidd of the 25th:
A resoluting authorizing and directing the Secretary of State to make a study of the feasibility of establishing a more uniform system for informing in terested persons and the general public of proposed rules adopted by ex ecutive agencies of the state government.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Turner Tysinger Wessels

Those not voting were Senators:

Brantley Broun of 46th Dean Holloway

Hudgins Hudson Langford Russell

Stumbaugh Timmons Walker

On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 262. By Senator Eldridge of the 7th: A resolution designating the Liston Elkins Parkway.

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JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk ' Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Turner Tysinger Wessels

Those not voting were Senators:

Brantley Broun of 46th Dean Holloway

Hudgins Hudson Russell Stumbaugh

Thompson Timmons Walker

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 1:15 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 29, 1980

409

Senate Chamber, Atlanta, Georgia Tuesday, January 29, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Kidd of the 25th moved that the Senate reconsider its action on January 28 in defeating the following resolution of the Senate:
SR 236. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that all heads of departments or agencies of the executive branch of govern ment appointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate; to provide for the submis sion of this amendment for ratification or rejection.
On the motion, Senator Starr of the 44th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Carter Coverdell Dean Evans

Foster Horton Hudgins Kennedy Kidd Langford Lester Littlefield McGill Paulk

Those voting in the negative were Senators:

Barker Bryant Cobb Eldridge English Fincher of 52nd

Fincher of 54th Gillis Holloway Howard Overby Reynolds

Robinson Russell Scott Stephens Sutton Tate Timmons Tysinger
Riley Starr Summers Thompson Walker Wessels

410

JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th Brown of 47th Greene

Hill Hudson Johnson

Land Stumbaugh Turner

On the motion, the yeas were 28, nays 18; the motion prevailed, and SR 236 was reeonsidered and placed at the foot of the Calendar.

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

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

HB 62. By Representative Logan of the 62nd:
A bill to amend an Act comprehensively and exhaustively to revise, supersede and modernize procedure for a review of assessments made by county boards of tax assessors, so as to place certain limitations on the power of the county board of tax assessors to appeal decisions of the county board of equalization.

HB 308. By Representative Williamson of the 45th:
A bill to amend Code Section 91A-3915, relating to declaration of estimated income tax by individuals, so as to provide an exception with respect to in dividuals who are required to make a declaration of estimated tax for the current taxable years.

HB 611. By Representatives Collins of the 144th, Castleberry of the 11 1th, Burruss of the 21st and others:
A bill to amend Code Chapter 91A-22, relating to ad valorem taxation of public utilities, so as to limit the application of the term "railroad equip ment company" as used for certain purposes; to change certain provisions relating to taxation of rolling stock of certain railroad companies.

HB 1078. By Representatives Lambert of the 112th, Hatcher of the 131st and Dover of the 11th:
A bill to abolish the Georgia State Commission of Indian Affairs; to transfer the functions of the commission to the Department of Archives and History; to repeal the Act creating the Georgia State Commission of Indian Affairs.

TUESDAY, JANUARY 29, 1980

411

HB 1079. By Representatives Logan of the 62nd, Gignilliat of the 122nd, Murphy of the 18th and others:
A bill to provide for a program of scholarships to attend North Georgia Col lege.

HB 1143. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34A-1409, relating to special municipal primaries and elections on failure to nominate or elect or on death or withdrawal of officer elect, so as to provide for special elections for failure validly to take office.

HB 1144. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34-1514, relating to special primaries and elections under the Georgia Election Code, so as to provide for special elec tions for failure validlv to take office.

HB 1190. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 118th and others:
A bill to amend 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, so as to provide for indemnifica tion with respect to the permanent disability of certain law enforcement of ficers, firemen and prison guards who are permanently disabled in the line of duty on or after January 1, 1979.

HB 1199. By Representatives Fortune of the 71st, Knight of the 67th, Phillips of the 125th and others:
A bill to amend Code Section 74-108, relating to parental power and recovery for wrongful death of a child, so as to provide who may recover for the death of a child who leaves no spouse or child; to amend Code Chapter 105-13, relating to wrongful death, so as to incorporate by reference said Code Section 74-108 and so as to provide the circumstances under which an administrator or executor may sue.

HB 1213. By Representatives Mullinax of the 69th, Mostiler of the 71st, Fortune of the 7 1st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to delete references to other sections which are no longer valid.

412

JOURNAL OF THE SENATE,

HB 1233. By Representatives Colbert of the 23rd, Vaughn of the 57th, Bargeron of the 83rd and others:
A bill to amend an Act providing for the registration and regulation of cemeteries, so as to change the provisions relating to registration fees; to change the provisions relating to sales of merchandise and installment con tracts.

HB 1278. By Representatives Adams of the 36th, Lane of the 40th, Games of the 43rd and Rainey of the 135th:
A bill to amend an Act known as the "Georgia Boat Safety Act," so as to provide definitions for certain terms; to replace the phrase "Game and Fish Division" with the term "Department".

HB 1386. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, so as to change the compensation of the clerk of the superior court.

HB 1387. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, so as to change the compensation of the tax Commissioner.

The House has agreed to the Senate substitute to the following bill of the House:
HB 1092. By Representatives Hawkins of the 50th, Phillips of the 91st, Dixon of the 151st and others: A bill to amend Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential candidates.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 41. By Representatives McDonald of the 12th, Hays of the 1st, Lane of the 81st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund.

TUESDAY, JANUARY 29, 1980

413

HR 449. By Representative Johnson of the 74th:
A resolution designating the Georgia National Guard Armory in Covington, Georgia, as the "Joel Nathaniel Morgan National Guard Armory".

HR 459. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 118th and others:
A resolution proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain law enforcement officers, firemen, and prison guards permanently disabled in the line of duty.

HR 521. By Representative Johnson of the 74th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident of Newton Count) who is 65 years of age or over.

HR 525. By Representatives Cheeks of the 89th, Padgett of the 86th, Daniel of the 88th.
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County.

HR 527. By Representative Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution so as to providethat residents of the City of Jeffersonville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.

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

SB 507. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 114-6, relating to insurance under the workers' compensation laws, as amended, so as to provide that certain selfinsurers shall not be required to post bond evidencing security. Referred to Committee on Industry, Labor and Tourism.

SB 508. By Senator Tysinger of the 41 st:
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, as amended, so as to change the definition of the term "gas". Referred to Committee on Industry, Labor and Tourism.

414

JOURNAL OF THE SENATE,

SB 509. By Senators Stumbaugh of the 55th, Overby of the 49th and Johnson of the 34th:
A bill to amend an Act providing for compulsory school attendance, as amended, so as to change the provisions relative to the school year; to repeal certain provisions relative to exemptions from the Act.
Referred to Committee on Education.

SB 510. By Senators Stumbaugh of the 55th, Barnes of the 33rd, Bell of the 5th and others:
A bill to amend Code Section 27-2511, relating to penalties and service of time after the conviction of certain second or subsequent offcnses, as amend ed, so as to change the provisions relating to service of time after the convic tion of certain second or subsequent offcnses.
Referred to Committee on Special Judiciary.

SB 511. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary system exclusively, as amended, so as to change the salary provisions relating to said county officer; to provide an effective date.
Referred to Committee on Community Affairs.

SB 512. By Senator Walker of the 19th: A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, as amended, so as to change the compensation of said commissioner.
Referred to Committee on Community Affairs.
SB 513. By Senator Walker of the 19th: A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, as amended, so as to change the salary of the judge of the probate court.
Referred to Committee on Community Affairs.
SB 514. By Senator Walker of the 19th: A bill to amend an Act creating the office of tax commissioner of Telfair County as amended, so as to change the salary of said tax commissioner.
Referred to Committee on Community Affairs.

TUESDAY, JANUARY 29, 1980

415

SB 515. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend an Act known as the Urban Redevelopment Law as amend ed so as to remove the interest rate on bonds issued by a municipality; to pro vide that bonds may be sold to an institution insured by an agency of the federal government at not less than par at private sale.
Referred to Committee on Banking, Finance and Insurance.

SB 516. By Senator Barries of the 33rd:
A bill to provide certain minimum sentences for crimes against elderly, blind, paraplegic, or quadraplegic individuals; to provide certain terms and conditions under which no sentence shall be suspended or probated. Referred to Committee on Special Judiciary.

SB 517. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city. Referred to Committee on Community Affairs.

SB 518. By Senator Carter of the 14th:
A bill to amend an Act providing for actions by or against unincorporated organizations or associations, as amended, so as to provide that a judgment rendered against an unincorporated organization or association shall not be enforced against the individual property of any member of such in corporated organization or association.
Referred to Committee on Judiciary.

SR 285. By Senators Foster of the 5()th, Walker of the 19th, Timmons of the 11th and others:
A resolution creating the Georgia High School Association Study Commit tee. Referred to Committee on Education.

SR 289. By Senator Sutton of the 9th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey to landowners whose property abuts State of Georgia owned property and their adjoining landowners an easement for in gress and egress to their property.
Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and refer red to committees:

416

JOURNAL OF THE SENATE,

HB 62. By Representative Logan of the 62nd:
A bill to amend an Act comprehensively and exhaustively to revise, supersede and modernize procedure for a review of assessments made by county boards of tax assessors, so as to place certain limitations on the power of the county board of tax assessors to appeal decisions of (Tie county board of equalization.
Referred to Committee on Banking, Finance and Insurance.

HB 308. By Representative Williamson of the 45th:
A bill to amend Code Section 91A-3915, relating to declaration of estimated income tax by individuals, so as to provide an exception with respect to in dividuals who are required to make a declaration of estimated tax for the current taxable years.
Referred to Committee on Banking, Finance and Insurance.

HB 611. By Representatives Collins of the 144th, Castleberry of the 11 1 th, Burruss of the 21st and others:
A bill to amend Code Chapter 91A-22, relating to ad valorem taxation of public utilities, so as to limit the application of the term "railroad equip ment company" as used for certain purposes; to change certain provisions relating to taxation of rolling stock of certain railroad companies.
Referred to Committee on Banking, Finance and Insurance.

HB 1078. By Representatives Lambert of the 112th, Hatcher of the 131st and Dover of the llth:
A bill to abolish the Georgia State Commission of Indian Affairs; to transfer the functions of the commission to the Department of Archives and History; to repeal the Act creating the Georgia State Commission of Indian Affairs. Referred to Committee on Governmental Operations.
HB 1079. By Representatives Logan of the 62nd, Gignilliat of the 122nd, Murphy of the 18th and others:
A bill to provide for a program of scholarships to attend North Georgia Col lege. Referred to Committee on Higher Education.
HB 1143. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34A-1409, relating to special municipal primaries and elections on failure to nominate or elect or on death or withdrawal of officer elect, so as to provide for special elections for failure validly to take office. Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 29, 1980

417

HB 1144. By Representatives Fuller of the 16th, Childers of the 15th and Oldliam of the 14th:
A bill to amend Code Section 34-1514, relating to special primaries and elections under the Georgia Election Code, so as to provide for special elec tions for failure validly to take office.
Referred to Committee on Governmental Operations.

HB 1 190. By Representatives Manner of the 'l3()th, McDonald of the 12th, Coleman of the 1 18th and others:
A bill to amend an Act to provide for indemnification with respeet to the death of certain law enforcement officers, firemen, or prison guards who are killed or have been killed in the line ot duty, so as to provide for indemnifica tion with respeet to the permanent disability of certain law enforcement of ficers, firemen and prison guards who are permanently disabled in the line of duty on or after Jan. 1. 1979.
Referred to Committee on Governmental Operations.

HB 1199. By Representatives Fortune of the 71st, Knight of the 67th, Phillips of the 125th and others:
A bill to amend Code Section 74-108, relating to parental power and recovery for wrongful death of a child, so as to provide who may recover for the death of a child who leaves no spouse or child; to amend Code Chapter 105-13, relating to wrongful death, so as to incorporate by reference said Code Section 74-108 and so as to provide the circumstances under which an administrator or executor may sue.
Referred to Committee on Special Judiciary.

HB 1213. By Representatives Mullinaxof the 69th, Mostiler of the 71st, Fortune of the 7 1st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to delete references to other sections which are no longer valid.
Referred to Committee on Industry, Labor and Tourism.

HB 1233. By Representatives Colbert of the 23rd, Vaughn of the 57th, Bargeron of the 83rd and others:
A bill to amend an Act providing for the registration and regulation of cemeteries, so as to change the provisions relating to registration fees; to change the provisions relating to sales of merchandise and installment con tracts.
Referred to Committee on Community Affairs.

418

JOURNAL OF THE SENATE,

HB 1278. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rtl and Rainey of the 135th:
A bill to amend an Act known as the "Georgia Boat Safety Act," so as to provide definitions for certain terms; to replace the phrase "Game and Fish Division" with the term "Department".
Referred to Committee on Natural Resources and Environmental Quality.

HB 1386. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Community Affairs.

HB 1387. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, so as to change the compensation of the tax Commissioner.
Referred to Committee on Community Affairs.

HR 41. By Representatives McDonald of the 12th, Hays of the 1st, Lane of the 81st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund.
Referred to Committee on Governmental Operations.

HR 449. By Representative Johnson of the 74th:
A resolution designating the Georgia National Guard Armory in Covington, Georgia, as the "Joel Nathaniel Morgan National Guard Armory". Referred to Committee on Defense and Veterans Affairs.

HR 459. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 1 18th and others:
A resolution proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain law enforcement officers, firemen, and prison guards permanently disabled in the line of duty.
Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 29, 1980

419

HR 521. By Representative Johnson of the 74th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident ot Newton County who is 65 years of age or over.
Referred to Committee on Community Affairs.

HR 525. By Representatives Cheeks of the 89th, Paclgctt of the 86th, Daniel of the 88th and others:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County.
Referred to Committee on Community Affairs.

HR 527. By Representative Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Jeffersonville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.
Referred to Committee on Community Affairs.

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

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 237. Do pass by substitute. SB 386. Do pass by substitute. SB 397. Do pass by substitute. HB 1071. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 278. Do pass.

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JOURNAL OF THE SENATE,

SR 279. Do pass. HB 1187. Do pass. HB 1242. Do pass. HB 1293. Do pass. HB 1341. Do pass. HR 492. Do pass. HR 510. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Higher Education has had under consideration the followingbills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 484. SR 268. HB 590.

Do pass. Do pass by substitute. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 450. SB 487.

Do pass by substitute. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:
Your Committee on Natural Resources and Environmental Quality has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 334. Do not pass. SB 414. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

TUESDAY, JANUARY 29, 1980

421

Mr. President:
Your Committee on Public Utilities has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 453. Do pass as amended. SR 250. Do pass. SR 256. Do pass. SR 265. Do pass. HB 572. Do pass as amended. HB 573. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:

Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:

SB 106.

Do pass by substitute. Respectfully submitted, Senator Sutton of the 9th District, Chairman

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

HB 1185. By Representative Bargeron of the 83rd:
A bill to amend an Act to incorporate the town of Avera, so as to redesignate the town as a city; to change the corporate limits; to change the rate of ad valorem taxes authorized to be levied.

HB 1243. By Representatives Hatcher of the 131st, Hutchinson of the 133rd and Parkmanof the 134th:
A bill to amend an Act to create the Albany-Dougherty Inner City Authori ty, so as to change the method of appointment of the members of the Authority.

HB 1248. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County, so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.

422

JOURNAL OF THE SENATE,

HR 456. By Representatives Swann of the 90th, Cheeks of the 89th, Dent of the 85th and others:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond Coun ty to grant discounts for early payment of ad valorem taxes.

HR 481. By Representative Ramsey of the 3rd:
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 Mur ray County shall have jurisdiction.

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

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant
Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson
Kennedy Kidd Langford Lester Littlefield McGill Overby

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

Those not answering were Senators:

Coverdell Hudgins

Land Paulk

Timmons

Senator Cobb of the 28th introduced the chaplain of the day. Reverend Dwayne R. Benefield, pastor of New Salem Baptist Church, Vaughn, Georgia, who offered Scrip ture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 286. By Senator Ballard of the 45th: A resolution commending Miss Elizabeth Dawkins.

TUESDAY, JANUARY 29, 1980

423

SR 287. By Senators Holloway of the 12th, Lester of the 23rd, Turner of the 8th and others:
A resolution expressing regrets at the passing of Mr. Edward W. Hiles.

SR 288. By Senator Carter of the 14th:
A resolution commending Mr. John James "Jack" Finklea, Director of the Americus-Sumter County Recreational Department.

SR 292. By Senator Barnes of the 33rd: A resolution commending E. W. Chastain.

SENATE CALENDAR
Tuesday, January 29, 1980
Sixteenth Legislative Day
SB 338. Executive Reorganization Act--electronic data processing (AMENDMENT) (Gov Op - 25th)
SR 233. Sale of Intoxicating Drinks on Election Days - repeal certain prohibitions (C Aff - 25th)
SR 238. Office Vacancy--General Assembly committees file under certain circumstances (Gov Op-25th)
HB 284. Deaf Persons - rights to equal public accommodations (AMENDMENT) (Hum R - 42nd)
HB 651. Deeds, Instruments to which United States, State is Party - exempt from tax (AMENDMENT) (Judy - 49th)
HB 672. Criminal Cases - provide discovery of statements made by defendants (SUBSTITUTE) (S Judy - 33rd)
HB 1081. Official Use of Motor Vehicle - change mileage allowance rate (Gov Op-25th)
HB 1109. Abatement of Nuisances - statement of purpose and intent (Judy 42nd)
HB 1111. Cooperative Marketing Act - filing of articles of incorporation (Judy 49th)
SB 406. Sentences and Executions - new Code Section (Off R - 44th)
SB 424. Funeral Service Board - postpone termination date (Gov Op - 42nd)
SB 105. Pulp Wood and Timber Sale- requirements (IL&Tou- 9th)
SB 217. Health Insurance Policies - coverage on out-patient basis (SUBSTITUTE) (BF&I - 26th)
SB 355. Industrial Loan Act - change rate of interest (SUBSTITUTE) (BF&I 12th)

424

JOURNAL OF THE SENATE,

SB 380. Financial Institutions - provisions for acquiring control (SUBSTITUTE) (BF&I - 2nd)
SB 381. Public Moneys - amount deposited in a particular depositor) (SUBSTITUTE) (BF&I - 2nd)
SB 382. Financial Institutions Code - redefine "trust company" (SUBSTITUTE) (BF&I - 2nd)
SB 383. Acquisitions by Bank Holding Companies - clarify "unlawful acquisition" (BF&I - 2nd)
SB 384. Bank Merger, Consolidation provisions - comply with Financial Institution Code (BF&I - 2nd)
SB 385. Realty Mortgages, Deeds - clarify and define "original party" (SUBSTITUTE) (BF&I - 2nd)
SB 387. Transfers o( Deeds to Secure Debt - change procedures relative to (BF&I-2nd)
SB 388. Bonds Issued by Housing Authority - remove interest rate limit (BF&I 2nd)
SB 417. Loitering - new offense (Judy - 27th)
SB 425. Dispensing Opticians Board - change examination and fee requirements (Hum R - 42nd)
SR 231. Ware County Su]x;rior Court - relieving surety on certain bond (Judy 6th)
HB 253. Commissioner ot the Poor - repeal Code (Hum R - 42nd)
HB 717. Sale, Distribution of Wines in Airports Owned by Cities, Counties authorize (SUBSTITUTE) (Judy - 44th)
HB 898. Professional Engineers, Surveyors - immunity from arrest for trespass (SUBSTITUTE) (IL&Tou - 41st)
HB 1074. Donated Food to Nonprofit Organizations - liability injury to health (HumR-42nd)
HB 1084. Electrical Contractor, Plumbing, Conditioned Air Contractor regulate (AMENDMENTS) (IL&Tou - 36th)
HB 1167. Supplementary Appropriations - fiscal year ending 6/30/80 (App 46th)
HB 1203. Appropriations 1979-80 - provide (SUBSTITUTE) (App - 12th)
HR 204. Robert L. Blackmon - compensation (AMENDMENT) (App - 46th)
SH 236. Executive Branch Department Heads - confirmation by Senate (Gov Op-25th)

The following general bill of the Senate, having been read the third time on January 24 and postponed until January 25, and postponed on January 25 until January 29, was put upon its passage:

TUESDAY, JANUARY 29, 1980

425

SB 338. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.

Senator Kidd of the 25th moved that SB 338 be postponed until Friday, Feb ruary 1.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 338 was postponed until Friday, February 1.

The following general resolution of the Senate, having been read the third time on January 25 and postponed until January 29, was put upon its adoption:

SR 233. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to repeal cer tain prohibitions on the sale of intoxicating drinks on election days; to pro vide for the submission of this amendment for ratification or rejection.

Senator Kidd of the 25th moved that SR 233 be postponed until Friday, Feb ruary 1.

On the motion, the yeas were 34, nays 1; the motion prevailed, and SR 233 was postponed until Friday, February 1.

The following general resolution of the Senate, having been read the third time on January 28 and postponed until January 29, was put upon its adoption:

SR 238. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for ap propriate committees of the General Assembly to fill a vacancy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs; 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 IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:

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JOURNAL OF THE SENATE,

"Paragraph IV. Filling Vacancies. When any office shall become vaT cant, by death, resignation, or otherwise, the Governor shall have the power to fill such vacancy within 90 days after the office is vacated, unless otherwise provided by law; and persons so appointed shall con tinue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof. In cases in which the Governor has the power of appointment and fails to exercise such power within the required 90 day period, such vacancies shall be filled by committees of the General Assembly as follows: the President of the Senate shall designate the appropriate standing committee in the Senate to consider such appointment, and the Speaker of the House of Representatives shall designate the appropriate standing committee in the House to consider such appointment. The committees shall meet jointly at the call of their chairmen and shall appoint a person to fill the vacancy for the remainder of the uncxpired term of office and until a suc cessor is commissioned."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for appropriate committees of the General Assembly to fill a
[ ] NO vacancy in office after the Governor has failed to fill such vacancy within 90 days after the vacancy occurs?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 substitute to SR 238:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the fill ing of vacancies on boards by a committee of the General Assembly after the Governor has failed to fill such vacancy within 120 days after the vacancy occurs; 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 adding at the end of Paragraph IV a new paragraph to read as follows:

TUESDAY, JANUARY 29, 1980

427

"Notwithstanding the other provisions of this Paragraph, in cases in which the Governor has the power to appoint a person to fill a vacancy on a board and fails to exercise such power within 120 days after the of fice is vacated, such vacancy shall be tilled by a special joint committee of the General Assembly. The joint committee shall be composed of the following: President Pro Tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, chairman of the Senate Rules Committee, chairman of the Senate Governmental Operations Commit tee, Speaker Pro Tempore of the House, Majority Leader of the House, Minority Leader f the House, chairman of the House Rules Committee, and chairman of the House State of Republic Committee. The joint com mittee shall meet at the call of the President Pro Tempore and the Speaker Pro Tempore to fill any such vacancy.",
so that when so amended Paragraph IV shall read as follows:
"Paragraph IV. Filling Vacancies. When any office shall become va cant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so ap pointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pur suance thereof.
Notwithstanding the other provisions of this Paragraph, in cases in which the Governor has the power to appoint a person to fill a vacancy on a board and fails to exercise such power within 120 days after the of fice is vacated, such vacancy shall be filled by a special joint committee of the General Assembly. The joint committee shall be composed of the following: President Pro Tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, chairman of the Senate Rules Committee, chairman of the Senate Governmental Operations Commit tee, Speaker Pro Tempore of the House, Majority Leader of the House, Minority Leader of the House, chairman of the House Rules Committee, and chairman of the House State of Republic Committee. The joint com mittee shall meet at the call of the President Pro Tempore and the Speaker Pro Tempore to fill any such vacancy."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the filling of vacancies on boards by a committee of the General
[ ] NO Assembly after the Governor has failed to fill such vacancy within 120 days after the vacancy occurs?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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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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 resolu tion, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Bell Bond Brantley Bryant Carter Dean Eldridge Fincher of 52nd Foster

Greene Hill Horton Hudgins Hudson Kidd Land Langford Paulk

Robinson Russell Scott Stephens Sutton Tate Turner

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Broun of 46th Brown of 47th Cobb Coverdell English

Evans Fincher of 54th Gillis Howard Johnson Kennedy Lester McGill Overby

Reynolds Riley Starr Stumbaugh Summers Ty singer Walker Wessels

Those not voting were Senators:

Holloway Littlefield

Thompson Timmons

On the adoption of the resolution, the yeas were 25, nays 26.
The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

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

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429

HB 284. By Representatives Robinson of the 58th, Rowland of the 119th, Evans of the 84th and others:
A bill to amend an Act providing for and declaring the rights of blind and visually handicapped persons to equal public accommodations and housing so as to provide for the rights of deaf persons.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following amendment:
Amend HB 284 by adding in the title on Page 1, line 8, immediately preceding the words "to change" the following:
"to provide certain rights for blind persons operating vending stands;";
and
By adding in subsection (a) on Page 2, between lines 12 and 13, a new paragraph (3) to read as follows:
"(3) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog in the location of his vending operation, provided that said guide dog re mains 25 feet or more from any food."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge English Evans poster Gillis Greene Hill Holloway Horton Howard

Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

430
Reynolds Robinson Russell Scott Starr

JOURNAL OF THE SENATE,
Stephens Stumbaugh Summers Sutton Thompson

Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 52nd Fincher of 54th

Riley Tate

Timmons

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

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

HB 651. By Representatives Walker of the 115th, Culpepper of the 98th, Ham of the 80th and others:
A bill to amend an Act providing for a tax on certain deeds, instruments and other writings transferring real estate so as to exempt From taxation deeds, instruments and other writings to which the United States, the State of Georgia, any agency, board, commission, department or political subdivi sion of either the United States or the State of Georgia, or any public cor poration or authority is a party.
Senate Sponsor: Senator Overby of the 49th.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 651 by striking the figure "1980" from Page 3, line 13 and inserting in lieu thereof the figure "1981"
and
By striking the figure "1980" from Page 3, line 19 and inserting in lieu thereof the figure " 1981".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, JANUARY 29, 1980

431

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brantley
Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans
Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway
Horton Howard Hudgins Kennedy Kidd Land Langford Lester Littlefield McGill
Overby

Paulk Reynolds Robinson Russell Scott Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Hudson

Johnson Riley

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

Timmons

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

HB 672. By Representatives Thompson of the 93rd, Johnson of the 74th and Bishop of the 94th:
A bill to amend Code Chapter 27-13, relating to call ol the docket in criminal cases, so as to provide lor discovery in criminal cases of statements made by defendants while in police custody and of scientific reports; to pro vide for procedure in relation thereto; to provide tor an exclusionary rule.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Special Judiciary ottered the following substitute to HB 672:
A BILL
To be entitled an Act to amend Code Chapter 27-13. relating to criminal procedure and call of the docket, so as to provide for discovery in criminal proceedings; to provide for the prosecutor's obligation to disclose certain matters to the defense; to provide for the defense's obligation to disclose certain matters to the prosecutor; to provide for production of

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statements of prosecution witnesses; to provide for certain matters not sub ject to disclosure; to provide for procedure, sanctions, times, and costs in connection with said discovery; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 27-13, relating to criminal procedure and call of the docket, is hereby amended by adding following Section 27-1301 a new Section 27-1302 to read as follows:
"27-1302. Discovery, (a) Prosecutor's obligation. (1) After the filing of the indictment or accusation, within 15 days alter written demand by the delendant is tiled with the clerk and served upon the prosecutor, the prosecutor shall disclose to defense counsel and permit him to inspect, copy, test, and photograph the following information and material within the prosecutor's actual possession:
(A) A written list of all witnesses whom the prosecutor expects to call as witnesses at the trial or hearing.
(B) Any written or recorded statement and the substance of any oral statements made by the accused and known to the prosecutor, together with the name and address of each witness to the statement.
(C) Any written or recorded statements and the substance of any oral statements made by a co-defendant known to the prosecutor, if the trial is to be a joint one.
(D) Any tangible papers or objects which were obtained from or belonged to the accused.
(E) Whether there has been any electronic surveillance, including wiretapping, of the accused, or of conversations to which the accused was a party, and a copy of any court order authorizing electronic surveillance, together with the accompanying application for said order.
(F) Whether there has been any search or seizure and any document relating thereto.
(G) Reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons.
(H) Any tangible papers or objects which the prosecuting attorney intends to ofter in evidence in the hearing or trial which were not obtain ed from and did not belong to the accused.
(1) The prior criminal record of the accused.
(2) As soon as practicable after the filing of the indictment or in formation, the prosecutor shall disclose to the defense counsel any material information within the prosecutor's possession which tends to negate the guilt of the accused as to the offense charged.

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433

(3) The prosecutor shall perform the foregoing obligations in any manner mutually agreeable to him and defense counsel or as ordered by the court.
(4) The court may deny or partially restrict disclosures by this sec tion if it finds there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from such disclosure, which risk outweighs any usefulness of the disclosure to defense counsel.
(b) Disclosure to prosecution. The defense shall have the following duties of disclosure: (1) Within seven days after receipt by defense counsel of the list of witnesses furnished by the prosecutor, as provided in this sec tion, the defense counsel shall furnish to the prosecutor a written list of all witnesses whom the defense counsel expects to call as witnesses at the trial or hearing.
(2) If the defendant demands discovery under this section, the defen dant shall disclose to the prosecutor and permit him to inspect, copy, test, and photograph the following information and material which cor responds to that which the defendant sought and which is in the defen dant's possession.
(A) Reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons.
(B) Any tangible papers or objects which the defense counsel intends to use in the hearing or trial.
(3) Defense counsel shall make the foregoing disclosures within 15 days after receipt by him of the corresponding disclosure from the pros ecutor. Defense counsel shall perform the forgoing obligations in any manner mutually agreeable to him and the prosecutor or as ordered by the court.
(4) The filing of a motion for protective order by the prosecutor will automatically stay the times provided for in this section. If a protective order is granted, the defendant may, within two days thereafter, or at any time before the prosecutor furnishes the information or material which is the subject of the motion for protective order, withdraw his de mand and not be required to furnish reciprocal discovery.
(c) Prosecution witnesses' statements. After a witness called by the prosecution has testified on direct examination, the court shall, on mo tion of the defendant, order the prosecution to produce any statement of the witness in the possession of the prosecutor which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relates to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use. If the prosecution claims that any statement ordered to be produced under this subsection contains matter which does not relate to the subject matter of the testimony of the witness, the court shall or.der the prosecution to deliver such statement for the inspection of the court in camera and shall excise those portions of the statement which do not relate to the subject matter of the testimony of the witness.

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If any portion of the statement is so withheld from the defendant and the defendant objects to such withholding, the entire text of the statement shall be preserved for purposes of appeal. For purposes of this subsection, the term 'statement' means a written statement made by a witness and signed or otherwise adopted or approved by him or a stenographic, mechanical, electrical, or other record or transcript which is a substan tially verbatim recital of an oral statement made by the witness and con temporaneously recorded. A defendant's motion under this subsection shall not impose upon defendant the disclosure requirements of subsec tion (b).
(d) Matters not subject to disclosure. (1) Work product. Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda of the prosecuting or defense attorney or members of his legal staff.
(2) Informants. Disclosure of a confidential informant shall not be required unless the confidential informant is to be produced at a hearing or trial or a failure to disclose his identity will infringe the constitutional rights of the accused.
(e) Investigations not to be impeded. Except as is otherwise provided as to matters not subject to disclosure or restricted by protective orders, neither the counsel for the parties nor other prosecution or defense per sonnel shall advise persons having relevant material or information (ex cept the accused) to refrain from discussing the case with opposing counsel, or showing opposing counsel any relevant material, nor shall they otherwise impede opposing counsel's investigation of the ease.
(f) Continuing duty to disclose. If, subsequent to compliance with the rules, a party discovers additional witnesses or material which he would have been under a duty to disclose or produce at the time of such previous compliance, he shall promptly disclose or produce such witnesses or material in the same manner as required under these rules for initial discovery.
(g) Court may alter times. The court may alter the times for com pliance with any discovery under these rules upon good cause shown.
(h) Protective orders. Upon a showing of good cause, the court may at any time order that specified disclosures be restricted or deterred, or make such order as is appropriate, provided that all material an'd in formation to which a party is entitled must be disclosed in time to permit such party to make beneficial use thereot.
(i) Sanctions. (1) If any time during the course ot the proceedings it is brought to the attention of the court that a party has failed to comply with an applicable discovery rule or with an order issued pursuant to an applicable discovery rule, the court may order such party to comply with the discovery or inspection of materials not previously disclosed or pro duced, grant a continuance, grant a mistrial, prohibit the party from calling a witness not disclosed or introducing in evidence the material not disclosed, or enter such other order as it deems just under the cir cumstances.

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435

(2) Willful violation by counsel of an applicable discovery rule, or an order issued pursuant thereto, may subject counsel to appropriate sanctions by the court.
(j) Cost of indigents. After a defendant is determined to be indigent, the reasonable costs incurred in the operation of this section shall be tax ed as costs against the state to be paid from those funds allocated for in digent defense.
(k) Section cumulative. This section is not intended to limit anyother rights or remedies now or hereafter available to persons accused of crime."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 38, nays 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 Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators Bond and Riley.

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

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

HB 1081. By Representatives Lambert of the 112th and Hatcher of the 131 st:
A bill to amend an Act authorizing the Department of Administrative Ser vices 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 automobile mileage allowance rate.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators Hill and Riley.

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

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

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437

HB 1111. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend Code Chapter 65-2, known as the "Cooperative Marketing Act", so as to provide for the filing of articles of incorporation with the Secretary of State.
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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Russell Scott Starr Stephens Stumbaugh Summers Sutton Timmons Turner Ty singer Walker Wessels

Those not voting were Senators:

Barker Hudgins

Robinson Tate

Thompson

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

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

SB 406. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Chapter 27-25, relating to sentences and executions, as amended, particularly by an Act to provide for the imposition of the death

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penalty in certain cases so as to add a new Code Section to be designated Code Section 27-2538.

Senator Howard of the 42nd moved that SB 406 be postponed until Thursday, January 31.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 406 was postponed until Thursday, January 31.

SB 424. By Senators Howard of the 42nd, Greene of the 26th, Walker of the 19th and others:
A bill to amend an Art creating and establishing a Board of Funeral Service, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto, to restrict who may be employed as inspectors.

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

On 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

Bond

Brantley

Broun of 46th

Brown of 47th

Bryant

Carter

Cobb

Coverdell

Dean

Eldridge

English

Fincher of 52nd

Fincher of 54th

^

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Tate Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Ballard Barker

Evans Langford

Thompson

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439

On the passage of the bill, the yeas were 48, nays 2.

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

SB 105. By Senator Sutton of the 9th:
A bill to amend Code Chapter 5-16, relating to inspection and sale of naval stores and lumber, as amended, so as to provide requirements in connection with the sale of pulpwood and timber.
Senator Sutton of the 9th offered the following substitute to SB 105:
A BILL
To be entitled an Act to amend Code Chapter 5-16, relating to inspec tion and sale of naval stores and lumber, as amended, so as to provide re quirements in connection with the sale of pulpwood and timber; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 5-16, relating to inspection and sale of naval stores and lumber, as amended, is hereby amended by adding following Code Section 5-1601 a new Code Section 5-1601.1 to read as follows:
"5-1601.1. Sale of pulpwood and timber; price. Any person using weight as a basis to determine board feet, cords or units of pulpwood or timber who buys or offers to buy any pulpwood or timber within the State of Georgia shall provide the seller or prospective seller of such pulpwood or timber with a quotation of the price of such pulpwood or timber calculated in dollars per thousand pounds. The provisions of this section shall not prohibit or restrict the use of any acceptable method to calculate the weight or quantity of pulpwood or timber. The provisions of this section shall not be construed as requiring the purchase or use of scales for the purpose of measuring wood or be construed as altering the common trade definition of a cord as being equivalent to 128 cubic feet. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misde meanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Kidd of the 25th moved that SB 105 be committed to the Senate Commit tee on Natural Resources and Environmental Quality.
On the motion, the yeas were 35, nays 6; the motion prevailed.

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Senator Sutton of the 9th moved that the Senate reconsider its action in committing SB 105 to the Senate Committee on Natural Resources and Environmental Quality.

On the motion, Senator Sutton of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Brantley Carter Coverdell Dean Eldridge Evans

Fincher of 52nd Fincher of 54th Holloway Horton Howard Hudson Johnson Land Langford

Lester Robinson Russell Scott Stumbaugh Summers Sutton

Those voting in the negative were Senators:

Allgood Barker Bond Broun of 46th Brown of 47th Bryant Cobb English Foster Gillis

Greene Hill Hudgins Kennedy Kidd Littlefield McGill Overby Paulk Reynolds

Riley Starr Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators Stephens and Thompson.

On the motion, the yeas were 25, nays 28; the motion was lost, and SB 105 was committed to the Senate Committee on Natural Resources and Environmental Quality.

SB 217. By Senator Greene of the 26th: A bill to amend Code Section 56-3004, relative to accident and sickness in surance policies, so as to provide for coverage on an out-patient basis; to provide for other matters relative thereto.
The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 217:

TUESDAY, JANUARY 29, 1980

441

A BILL
To be entitled an Act to amend Code Section 56-3016, relating to medical or surgical policies, as amended, so as to provide coverage on an outpatient basis; 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 GEORIGA:
Section 1. Code Section 56-3016, relating to medical or surgical policies, as amended, is hereby amended by designating the first two paragraphs of said Code section as subsections (a) and (b), respectively, and by adding a new subsection at the end of Code Section 56-3016, to be designated subsection (c), to read as follows:
"(c) (1) All individual accident and sickness policies that provide coverage for medical or surgical procedures which are required to be performed on an inpatient basis at a licensed hospital shall contain a pro vision as a part of the policy or as an endorsement thereto which provides reimbursement for any covered medical or surgical procedures approved by the Commissioner in accordance with paragraph (3) below when such procedures are performed on an outpatient basis at a licensed outpatient surgical facility affiliated with a licensed hospital, at a licensed freestanding surgical facility, at any medical or surgical facilities operated by a health maintenance organization, at the office of a licensed medical doctor which provides health care services in return for a specific charge or charges.
(2) All such payments shall be made in compliance with the schedule of benefits, if any, contained in the policy, otherwise on the usual, customary, and reasonable charge(s) or fee(s) for such procedures when performed in a hospital on an inpatient basis.
(3) The Commissioner shall promulgate appropriate rules and regulations with the advice of the Department of Human Resources which shall contain a listing of medical and surgical procedures that may be legally and safely performed on an outpatient basis. The listing shall include but shall not be limited to the following types of procedures: emergency medical or surgical procedures, and other procedures that the Commissioner may deem appropriate. The Commissioner may also con sult with the Georgia Medical Care Foundation and other groups of health care professionals in connection with the promulgation of rules and regulations.
(4) The provisions of this subsection shall apply to policies or con tracts issued by a hospital service nonprofit corporation, a health care plan, a nonprofit medical service corporation, a health maintenance organization, a fraternal benefit society, or any other similar entity.
(5) Nothing contained in this subsection shall be deemed to prohibit any of the entities described in paragraph (4) from providing more outpa tient benefits or coverage than is required by this subsection."
Section 2. The provisions of this Act shall become effective September 1, 1980.

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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 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 Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Bryant

Evans

Wessels

Those not voting were Senators:

Hill

Rilev

Thompson

On the passage of the bill, the yeas were 49, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

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443

SB 355. By Senator Holloway of the 12th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to change the rate of interest; to change the loan balance on which a fee may not be charged or collected on a loan made to the same bor rower during the immediately preceding two months period of time.

The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 355:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the rate of interest; to change the loan balance on which a fee may not be charged or collected on a loan made to the same borrower dur ing the immediately preceding two months period of time; 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. An act known as the "Georgia Industrial Loan Act," ap proved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, is hereby amended by striking the figure "8" in subsection (a) of Section 15 in its en tirety and inserting in lieu thereof the figure "10" and by striking the figure "100.00" in subsection (b) of Section 15 in its entirety and inserting in lieu thereof the figure "200.00", so that subsections (a) and (b) of Section 15, when so amended, shall read as follows:
"(a) Charge, contract for, receive and collect interest at a rate not to exceed 10 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in 18 months or less, the interest may be discounted in advance, and on contracts repayable over a greater period, the interest shall be added to the principal amount of the loan. On all contracts, interest or discount shall be computed pro portionately on equal calendar months.
(b) In addition thereto, charge, contract for, receive or collect at the time the loan is made, a fee in an amount not greater than 8 percent of the first $600.00 of the face amount of the contract, plus 4 percent of the excess; provided, however, that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan, or in stallment of a prior loan from the same licensee to the same borrower made within the immediately preceding six months period; provided, however, if the loan balance is $200.00 or less, the said period shall be 2 months, not 6 months; provided, further, that nothing contained in subsections 15(a) and 15(b) shall be construed to permit charges, interest or fees of any nature whatsoever in the aggregate in excess of the charges, interest and fees which would constitute a violation of Section 57-117 of the Code of Georgia of 1933 and the repeals hereinafter set forth in this Act shall in no wise affect Section 57-117 and Section 57-9901 of the Code of Georgia of 1933. If a borrower prepays his entire loan to a

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licensee and within the following 15 days makes a new loan with that licensee, (and if this is done within the 6 months period or the 2 months period above described, as may be applicable), the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to that licensee within the said 15-day period."
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 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 Barker Barnes
Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis
Greene Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds
Robinson Russell Scott Stephens Stumbaugh Summers Sutton Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Bond

Evans Horton

Howard Tate

Those not voting were Senators:

Langford Riley

Starr Thompson

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445

On the passage of the bill, the yeas were 45, nays 6.

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

The President announced that the Senate would stand in recess from 12:05 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 general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 380. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that it shall be unlawful for a person, acting directly or indirectly or through or in concert with one or more other persons, to acquire control of any financial institution except under certain conditions.

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 380:
A BILL
To be entitled an Act to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that it shall be unlawful for a person, acting directly or indirectly or through or in concert with one or more other persons, to acquire control of any financial institu tion except under certain conditions; to provide for acquisition of control; to provide for prior notice; to provide for approval by the department; to pro vide for the contents of the notice required to be filed in connection with the proposed acquisition of a financial institution: to provide that the depart ment may disapprove any proposed acquisition if certain conditions exist; to define certain terms; to provide for other matters relative to the foregoing; to provide for inapplicability; 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 41 A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by adding a new Code Chapter 41 A-10 to read as follows:

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"CHAPTER 41 A-10
Change in Control of Financial Institutions
41A-I001. Unlawful control. It shall be unlawful for a person, act ing directly or indirectly or through concert with one or more persons, to acquire control of any financial institution through a purchase, assign ment, pledge or other disposition of voting stock of such institution ex cept with the approval of the Department of Banking and Finance (hereinafter referred to as 'department') or as otherwise permitted by this chapter.
41 A-1002. Acquisition of control; notice; approval of department. (a) The department shall be given at least 60 days' prior written notice of any such proposed acquisition. If the department does not issue a notice disapproving the proposed acquisition within that time or extend the period during which a disapproval may issue for another 30 days, the proposed acquisition shall stand approved. The period for disapproval may be further extended only if the department determines that any ac quiring party has not furnished all the information required under Code Section 41 A-1003 or that in its judgment any material information sub mitted is substantially inaccurate. An acquisition may be made prior to expiration of the disapproval period if the department issues written notice of its intent not to disapprove the action. For purposes of this Code section, the term 'financial institution' shall include any 'bank holding company,' as that term is defined in Code Section 13-207.
(b) Within three days after its decision to disapprove any proposed acquisition, the department shall notify the acquiring party in writing of the disapproval. Such notice shall provide a statement of the basis for the disapproval.
(c) Within ten days of receipt of such notice of disapproval, the ac quiring party may request a hearing on the proposed acquisition. At the conclusion thereof, the department shall by order approve or disapprove the proposed acquisition on the basis of the record made at such hearing.
(d) Any person whose proposed acquisition is disapproved after agency hearings under this Code section may obtain review in ac cordance with the provisions of Code Section 41A-401.
41 A-1003. Contents of notice. Except as otherwise provided by regulation of the department, a notice filed pursuant to Code Section 41 A-1002 shall contain the following information:
(1)The identity, personal history, business background and ex perience of each person by whom or on whose behalf the acquisition is to be made, including his material business activities and affiliations during the past five years, and a description of any material pending legal or ad ministrative proceedings in which he is a party and any criminal indict ment or conviction of such person by a state and federal court.
(2) A statement of the assets and liabilities of each person by whom or on whose behalf the acquisition is to be made, as of the end of the fiscal

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447

year for each of the five fiscal years immediately preceding the date of the notice, together with related statements of income and source and ap plication of funds for each of the fiscal years then concluded, all prepared in accordance with generally accepted accounting principles consistently applied, and an interim statement of the assets and liabilities for each such person, together with related statements of income and source and application of funds, as of a date not more than 90 days prior to the date of the filing of the notice.
(3) The terms and conditions of the proposed acquisition and the manner in which the acquisition is to be made.
(4) The identity, source and amount of the funds or other considera tions used or to be used in making the acquisition, and, if any part of these funds or other considerations has been or is to be borrowed or otherwise obtained for the purpose of making the acquisition, a descrip tion of the transaction, the names of the parties, and any arrangements, agreements, or understandings with such persons.
(5) Any plans or proposals which any acquiring party making the ac quisition may have to liquidate the bank, to sell its assets or merge it with any company, or to make any other major change in its business or cor porate structure or management.
(6) The identification of ariy person employed, retained, or to be compensated by the acquiring party, or by any person on his behalf, to make solicitations or recommendations to stockholders for the purpose of assisting in the acquisition, and a brief description of the terms of such employment, retainer, or arrangement for compensation.
(7) Copies of all invitations or tenders or advertisements making a tender offer to stockholders for purchase of their stock to be used in cc01"1nection with the proposed acquisition.
(8) Any additional relevant information in such forms as the depart ment may require by regulation or by specific request in connection with any particular notice.

41 A-1004. Disapproval by department; reasons. The department may disapprove any proposed acquisition it:
(1) the proposed acquisition of control would result in a monopoly or would be in furtherance ot any combination or conspiracy to monopolize or attempt to monopoli/.e the business of banking in any part of this state;
(2) the ettect of the proposed acquisition of control in any section of this state may be substantially to lessen competition or to tend to create a monopoly or the proposed acquisition of control would in any other man ner be in restraint of trade, and the anticompetitive effects of the propos ed acquisition of control are not clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served;

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(3) the financial condition of any acquiring person is such as might jeopardize the financial stability of the bank or prejudice the interests of the depositors of the bank;
(4) the competence, experience, or integrity of any acquiring person or of any of the proposed management personnel indicates that it would not be in the interest of the depositors of the bank or in the interest of the public to permit such person to control the bank; or
(5) any acquiring person neglects, fails, or refuses to furnish the department all the information required by it.
41 A-1005. Definitions. As used in this chapter:
(1) 'Person' means an individual or a corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, unin corporated organization, or any other form of entity not specifically listed herein; and
(2) 'Control' means the power directly or indirectly, to direct the management or policies of a financial institution or to vote 25 percent or more of any class of voting securities of a financial institution.
41A-1006. Inapplicability. This chapter shall not apply to a transac tion subject to Code Section 13-207, relating to bank holding companies, as the same exists or may hereafter be amended."
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 arc hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley

Brown of 47th Bryant Carter Cobb Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Gillis

Kennedy Kidd Land Langford Lester McGill Overby

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449

Paulk Reynolds Robinson Scott Stephens Stumbaugh Summers

Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Coverdell Greene Hill Holloway

Horton Howard Hudgins Hudson Johnson Littlefield

Riley Russell Starr Thompson

On the passage of the bill, the yeas were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 381. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Chapter 89-8, relating to officers collecting, keeping, and accounting for public moneys, as amended, so as to authorize certain collecting officers and officers holding public funds to determine the amount of public money held by them which may be deposited and main tained in a particular depository.
The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 381:
A BILL
To be entitled an Act to amend Code Chapter 89-8, relating to officers collecting, keeping, and accounting for public moneys, as amended, so as to authorize certain collecting officers and officers holding public funds to determine the amount of public money held by them which may be deposited and maintained in a particular depository; to provide that all such depositories shall give bond or other security for deposits of public funds; to exclude demand deposit checking accounts from the security requirement under certain conditions; to provide for pledge of securities in lieu ot giving bond; to provide that the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation shall be accepted by certain collecting officers and officers holding public funds to secure the deposit of public funds held by them; to provide that the bond, security, insurance, or any combination thereof shall be equal to not less than 110 percent of the public funds being secured; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 89-9, relating to officers collecting, keeping, and accounting for public moneys, as amended, is hereby amended by adding two new Code sections immediately following Code Section 89-810 to read as follows:
"89-810.1. Authority of collecting officers and officers holding public funds to determine amounts to be deposited, (a) Every collecting officer and officer holding public funds shall be authorized to determine, from time to time, in respect to all public funds held by such officer, any and all of the following:
(1) The maximum amount of public money which may be deposited in a particular depository;
(2) The maximum and minimum proportion of public funds which may be maintained in a particular depository;
(3) The amount of public funds to be deposited in particular depositories as time deposits and the periods of such deposits.
(b) All depositories shall give security for deposits of public funds as required by law. However, a collecting officer or officer holding public funds may, in his discretion, waive the requirement for security in the case of operating funds placed in demand deposit checking accounts.
(c) The provisions of this section shall not apply to collecting officers and officers holding public funds pursuant to the provisions of Code Title 100-1, relating to state depositories.
89-810.2. Depository to give bond; securities in lieu of bond, (a) The collecting officer or officer holding public funds may not have on deposit at any one time in any depository for a time longer than ten days a sum of money belonging to the public body when such depository has not given a bond to the public body as set forth herein. The bond to be given by depositories, where such bonds are required, shall be a surety bond sign ed by a surety company duly qualified and authorized to transact business within this state in a sum as so required. In lieu of such a surety bond, the depository may pledge to the public body as security any one or more of the obligations enumerated in Code Section 100-108, relating to the bond required to secure state deposits and securities in lieu of bond, as now or hereafter amended.
(b) The collecting officer or officer holding public funds shall accept the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation to secure public funds on deposit in depositories to the extent authorized by federal law governing the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation.
(c) A depository may secure deposfts made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to

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451

above, and partly by the guarantee or insurance referred to above or any combination thereof. The collecting officer or officer holding publicfunds may, however, determine that such security will be required only in the case of time deposits under a contract providing for the payment of interest. The aggregate of the face value of such surety bond, face or par value of securities pledged, and amount of deposit insurance shall be equal to not less than 110 percent of the public funds being secured.
(d) The provisions of this section shall not apply to collecting officers and officers holding public funds pursuant to the provisions of Code Title 100-1, relating to state depositories."
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 37, 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 Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans
Fincherof 52nd

Fincherof 54th Foster Gillis Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill
Overby

Voting in the negative was Senator Ballard.

Paulk Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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Those not voting were Senators:

Bond Coverdell Greene Hill

Holloway Link-field Riley Russell

Starr Summers

On the passage of the bill, the yeas were 44, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 382. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 41 A, known as the "Financial Institutions Code of Georgia", as amended, so as to redefine "trust company"; to authorize the department to waive or modify any requirement to publish a notice under certain conditions.
The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 382:
A BILL
To be entitled an Act to amend Code Title 41 A, known as the "Financial Institu tions Code of Georgia," as amended, so as to redefine "trust company"; to authorize the department to waive or modify any requirement to publish a notice under certain conditions; to provide that the department may cause notice to be published advising persons who have claims against a financial institution to notify the department in the event a financial institution fails to file articles of dissolution after the department determines that dissolution proceedings have been completed; to provide that the department shall notify the Secretary of State that the articles of incorporation or charter are no longer valid and should be properly canceled if the department receives no such notifications of claim or if the claims are otherwise satisfied; to provide that the articles of incorporation or charter shall no longer be valid and the department shall notify the Secretary of State that the receivership has been concluded; to provide that the Secretary of State shall promptly cancel such articles or charter; to delete the authority of a corporation to act in a limited fiduciary capacity under certain condi tions; to authorize a corporation to exercise incidental trust powers to the extent deter mined by the department under certain conditions; to provide that the term "credit union" shall include a federal credit union for the purposes of mergers; 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 41 A, known as the "Financial Institutions Code of Georgia," as amended, is hereby amended by striking subsection (nn) of Code Section 41 A-102 in its entirety and inserting in lieu thereof a new subsection (nn) to read as follows:

TUESDAY, JANUARY 29, 1980

453

"(nn) 'Trust company' means a corporation existing under the laws of this state on April 1, 1975, or organized under this Code and authoriz ed by law to engage in the business of acting as a fiduciary including a corporation exercising incidental trust powers under Code Section 41A-

Section 2. Said Code title is further amended by striking Code Section 41 A- 108 in its entirety and inserting in lieu thereof a new Code Section 41 A- 108 to read as follows:
"41A-108. Publication. Except as otherwise expressly provided, any notice or advertisement required by this Code to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 39-1103) of the county which is or is to be the location of the registered office of the financial in stitution. The department may waive or modify any requirement to publish a notice in order to facilitate a merger, consolidation, or sale of assets pursuant to Code Section 13-203(c)(3), whether with an existing bank or a bank newly-organized as a successor to a failed bank."
Section 3. Said Code title is further amended by adding a new subsec tion at the end of Code Section 41A-507, to be designated subsection (c), to read as follows:
"(c) Where a financial institution fails to file articles of dissolution within 180 days after the department determines that dissolution pro ceedings have been completed as provided in this chapter, the depart ment may cause notice to be published in accordance with the provisions of this Code to the effect that persons having claims against the financial institution should notify the department within 30 days of the date of initial publication. If the department receives no such notifications or if claims are otherwise satisfied, the department shall notify the Secretary of State that the articles of incorporation or charter are no longer valid and should be promptly canceled of record in the offices of the Secretary of State."
Section 4. Said Code title is further amended by adding at the end of subsection (c) of Code Section 4 1 A-8 1 1 a new sentence to read as follows:
"Thereafter, the articles of incorporation or charter shall no longer be valid and the department shall notify the Secretary of State that the receivership has been concluded. The Secretary of State shall promptly cancel such articles or charter of record in that office."
Section 5. Said Code title is further amended by striking paragraph (3) of subsection (a) of Code Section 41A-1 103, relating to the authority of a corporation to act in a limited fiduciary capacity incidental to the marketing or sale of securities on behalf of a religious, philanthropic, or charitable organization, in its entirety.
Section 6. Said Code title is further amended by redesignating subsec tion (b) of Code Section 41A-1103 as subsection (c) and by adding a new subsection (b) to read as follows:

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"(b) Corporations exercising incidental trust powers under former Code Section 41A-1103(a)(3), relating to the authority of a corporation to act in a limited fiduciary capacity incidental to the marketing or sale of securities on behalf of a religious, philanthropic, or charitable organiza tion, shall be permitted to exercise trust powers to the extent determined by the department."
Section 7. Said Code title is further amended by adding a new subsec tion at the end of Code Section 41A-31 18, to be designated subsection (c), to read as follows:
"(c) For purposes of this section, the term 'credit union' shall in clude a federal credit union."
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.

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 Bryant Carter Cobb Dean Eldridge English Evans
Fincher of 52nd Fincher of 54th

Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby
Paulk Reynolds

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

TUESDAY, JANUARY 29, 1980

455

Those not voting were Senators:

Coverdell Hill

Langford Thompson

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

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

SB 383. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, so as to clarify and interpret further the term "unlawful acquisition"; to provide for editorial revisions.

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

On 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
Brantley Broun of 46th Bryant Carter Cobb Dean
Eldridge English Evans Fincher of 52nd Fincher of 54th Foster

Gillis Greene Holloway Horton
Howard Hudgins Hudson Johnson Kennedy Kidd
Land Lester Littlefield McGill Overby Paulk

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

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Bond Brown of 47th

Coverdell Hill

Langford Thompson

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On the passage of the bill, the yeas were 48, nays 1.

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

SB 384. By Senators Wessels of the 2nd, Lester of the 2^rd and Turner of the 8th:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, so as to provide that the merger or consolidation provisions shall comply with the Financial Institutions Code of Georiga.

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

On the 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 Bryant Carter Gobi) Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Coverdell Dean Hill

Holloway Land Langford Scott

Thompson Wessels

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 29, 1980

457

SB 385. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend an Act delimiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for debt, as amended, so as to clarify and define further the meaning of the term "original party".

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 385:
A BILL
To be entitled an Act to amend an Act delimiting the effect of "open- end" clauses appearing in mortgages or deeds conveying realty as security for debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. .1705), so as to clarify and define further the meaning of the term "original party"; 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 delimiting the effect of "open-end" clauses appearing in mort gages or deeds conveying realty as security for debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), is hereby amended by adding at the end of Section 1 the following:
"In addition to the foregoing, the term 'original party as used herein shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or the State of Georgia, into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be converted.",
so that Section 1, when so amended, shall read as follows:
"Section 1. That the operation of 'open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provided that such instruments or the property thereby conveyed secured, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mort gagor or grantor is limited to other debts or obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such security instrument. The term 'original party' as used herein shall include, without limitation, any bank, trust company, or other corpora tion into which the grantee of any such real estate mortgage or deed con veying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term 'original party' as used herein shall also include, without limitation, any bank, trust company, or other cor poration, whether organized and existing under the laws of the United States or the State of Georgia, into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be converted."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

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

Voting in the negative was Senator Littlefield.

Those not voting were Senators:

Coverdell Hill Holloway

Land Langford Robinson

Thompson 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.

TUESDAY, JANUARY 29, 1980

459

SB 387. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Section 67-1305.1, relating to transfers of deeds to secure debt, so as to change the procedures relative to transfers of deeds to secure debt; to provide that partial transfers shall be stated upon a separate instrument.

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

On the 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 Bryant Carter Cobb Dean Eldridge Evans

Fincher of 54th Foster Gillis Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Wessels

Those voting in the negative were Senators:

Greene Johnson Littlefield

Those not voting were Senators:

Coverdell English Fincher of 52nd

Hill Land Summers

Thompson Walker

On the passage of the bill, the yeas were 44, nays 3. The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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SB 388. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend the Act known as the "Housing Authority Law", as amend ed, so as to remove the interest rate on bonds issued by a housing authority.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean English Evans Fincher of 54th

Foster Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Wessels

Those not voting were Senators:

Bell Coverdell Eldridge Fincher of 52nd

Gillis Hill Holloway (presiding) Riley

Thompson Walker

On the passage of the bill, the yeas were 45, nays 0.

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

Senator Overby of the 49th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Com mittee on Community Affairs:
SB 476. By Senator Foster of the 50th: A bill to create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading

TUESDAY, JANUARY 29, 1980

461

and practice in said court; to provide for the election, duties, powers, com pensation, qualifications, substitutions and tenure of the office of the judge of said court.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 476 was withdrawn from the Senate Committee on Judiciary and committed to the Senate Com mittee on Community Affairs.

The following general bills and resolution of the Senate and House, favorablyreported by the committees, were read the third time and put upon their passage:

SB 417. By Senator Robinson of the 27th: A bill to amend Code Chapter 26-99, relating to miscellaneous criminal pro visions, as amended, so as to provide for a new offense to be known as loiter ing; to define said offense; to provide for guidelines to be used in determin ing whether an offense has been committed; to provide for a penalty.
Senator Robinson of the 27th moved that SB 41 7 be placed on the Table.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 417 was placed on the Table.

SB 425. By Senators Howard of the 42nd, Kidd of the 25th and Greene of the 26th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change certain examination and fee requirements; to pro vide for fee refunds; to provide for additional requirements of certain per sons failing the examinations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Horton Howard Hudgins

462
Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

JOURNAL OF THE SENATE,
McGill Overby Paulk Reynolds Riley Robinson Russell Scott

Starr Stephens Sutton Tate Turner Tysinger Walker Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Greene Hill

Holloway (presiding) Summers

Thompson Timmons

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

SR 231. By Senators Littlefield of the 6th and Eldridge of the 7th:
A resolution relieving the surety on a certain bond in the Superior Court of Ware County.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Greene Horton Hudgins

Johnson Kennedy Kidd Land Lester Littlefield McGill Paulk Reynolds Robinson Russell

TUESDAY, JANUARY 29, 1980

463

Scott Starr Stephens Stumbaugh

Summers Sutton Tate Timmons

Turner Tysinger

Those voting in the negative were Senators:

Barker Gillis Langford

Overby Riley ' Walker

Wessels

Those not voting were Senators:

Hill Holloway (presiding)

Howard Hudson

Thompson

On the adoption of the resolution, the yeas were 43, nays 7.

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

HB 253. By Representative Williamson of the 45th:
A bill to repeal Code Chapter 23-22, relating to the Commissioner of the Poor and the duties of the Commissioner of the Poor. 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Hudson

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Russell Stephens

464
Stumbaugh Summers Sutton

JOURNAL OF THE SENATE,
Tate Timmons Turner

Tysinger Walker Wessels

Voting in the negative were Senators Howard, Hudgins and Land.

Those not voting were Senators:

Hill Holloway (presiding) Littlefield

Robinson Scott Starr

Thompson

On the passage of the bill, the yeas were 45, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 717. By Representative McKinney of the 35th:
A bill to amend Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries. Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Judiciary offered the following substitute to HB 717:
A BILL
To be entitled an Act to amend Code Section 58-828, relating to the con trol and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating, or owning and operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries; to provide for certain future contingencies; to provide an effec tive date; ro repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 29, 1980

465

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, is hereby amended by striking said Section, which reads as follows:

"58-828. Control and taxation of wines within the boundaries of air ports. Notwithstanding any other provision of law to the contrary, no county or municipality may control, tax, regulate or exercise police powers over the sale, storage, or distribution of wine within the boun daries of an airport owned or operated by another municipality or county.",

in its entirety and substituting in lieu thereof a new Code Section 58-828 to read as follows:
"58-828. Control and taxation of wines within the boundaries of air ports, (a) Notwithstanding any other provisions of law, any county or municipality may authorize through proper resolution or ordinance the issuance of licenses to sell wines and to store and distribute wines within the boundaries of any airport owned or operated, or both, by such county or municipality, regardless of where such airport may be located, whether within or without or partly within and partly without the coun ty which owns or operates, or owns and operates the airport, or whether within or without or partly within and partly without the corporate limits of the municipality which owns or operates, or owns and operates, the airport, or within or without or partly within and partly without the county or counties in which such municipality may, in whole or in part, be located, and regardless of whether the sale of wines is permissible within the municipality or municipalities or the county or counties, wherein such airport may, in whole or in part, be located.
(b) For the purposes of regulating and taxing the sale and the storage and distribution of wines, the airport boundaries of an airport owned or operated or both, by a county or municipality shall be treated (i), if the airport is owned or operated, or both, by a county, as though said airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the same or (ii), if the air port is owned or operated, or both, by a municipality, as though said air port boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies.
(c) It is the intention of this Section that no county or municipality may control, tax, regulate or exercise police powers over the sale, storage or distribution, or any of them, of wines, within the boundaries of an air port owned or operated, or both, by another municipality or county.
(d) In the event the sale of wine is authorized pursuant to this section within a county in which the sale of wine is not otherwise lawful and the

466

JOURNAL OF THE SENATE,

sale of wine later becomes otherwise lawful in such county, the provi sions of this section shall not apply to the sale of wine in airports, or any part of an airport, located in that county."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 30, 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Eldridge English Evans Fincher of 52nd

Foster Gillis Greene Horton Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Voting in the negative were Senators Ballard, Dean and Hudson.

Those not voting were Senators:

Carter Fincher of 54th Hill

Holloway (presiding) Land Littlefield

Thompson

TUESDAY, JANUARY 29, 1980

467

On the passage of the bill, the yeas were 45, nays 3.

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

Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 717.

HB 898. By Representatives Walker of the 115th, Waddle of the 113th, Greene of the 138th and others:
A bill to grant immunity from arrest, prosecution or civil action for trespass to registered professional engineers, registered surveyors and their agents, servants and employees for entering lands of a third party in the conduct of engineering or land surveys.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 898:

A BILL
To be entitled an Act to grant immunity from arrest, prosecution or civil action for trespass to registered professional engineers, registered land surveyors and duly elected or appointed county surveyors and their agents, servants and employees for entering lands of a third party in the conduct of engineering or land surveys; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Registered professional engineers, registered land surveyors and duly elected or appointed county surveyors and their agents, servants and employees shall be immune from arrest, prosecution or civil action for trespass when, in the conduct of any engineering or land survey, it is necessary for them to enter the lands of any third party in order to complete said survey; provided, however, that nothing in this Section shall be con strued to exempt professional engineers, land surveyors or county surveyors or their agents, servants or employees from liability resulting from the damage, injury, destruction or displacement of anything on said lands of such third party without the written consent of the landowner. It is further provided that nothing herein shall be construed so as to make a surveyor a licensee or otherwise change the civil legal status of a surveyor who is surveying upon the lands of a third party without the consent of the land owner; provided, further, that damages done by motor vehicles owned or operated by such engineers, surveyors and their agents, servants and employees and damages done knowingly and purposely by such persons without the written consent of the landowner shall not be covered by the im munity provisions of this Act.

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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 Tysinger of the 41st moved that HB 898 be committed to the Senate Committee on Industry, Labor and Tourism.

On the motion, the yeas were 27, nays 10; the motion prevailed, and HB 898 was committed to the Senate Committee on Industry, Labor and Tourism.

HB 1074. By Representative Walker of the 115th:
A bill to amend Code Chapter 105-11, relating to injuries to health, so as to provide immunity for certain persons regarding donated food made to non profit organizations; to preserve the liability of certain nonprofit organiza tions.
Senate Sponsor: Senator Howard 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:

Ballard Barker Bell Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eld ridge Fincher of 52nd

Fincher of 54th Foster Gillis Hill Horton Howard Hudgins Kidd Langford Lester McGill Overby

Paulk Reynolds Riley Russell Scott Starr Summers Sutton Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes Bond

English Evans Greene

Hudson Johnson Kennedy

Robinson Stephens

TUESDAY, JANUARY 29, 1980

469

Stumbaugh Tate

Turner

Those not voting were Senators:

Bryant Holloway (presiding)

Land Littlefield

Thompson Timmons

On the passage of the bill, the yeas were 35, nays 14.
The bill, having received the requisite constitutional majority, was passed.
Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1074.
HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Games of the 43rd and others: A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and condi tioned air fixtures and systems through the regulation of electrical contrac tors, plumbers and conditioned air contractors. Senate Sponsor: Senator Stephens of the 36th.
The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend HB 1084 by adding in subsection (a) of Section 16 on Page 20, line 22, immediately preceding the word "water" the following:
"electrical,"; and
By adding in subsection (b) of Section 16 on Page 20, line 31, im mediately preceding the word "in" the following:
"or municipal utility".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The Senate Committee on Industry, Labor and Tourism offered the following amendment:

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JOURNAL OF THE SENATE,

Amend HB 1084 by adding in Section 8 on Page 11, line 28, immediate ly following the word "applicants", the following:
"; and such examinations shall be based on the applicable state minimum standards codes".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:

Amend HB 1084 by adding in subsection (c) of Section 13 on Page 19, line 18, immediately following the word "him" the following:
"and where he resides".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:

Amend HB 1084 by adding at the end of Section 16 on Page 21, be tween lines 19 and 20, a new subsection (e) to read as follows:
"(e) The provisions of this Act shall not prohibit an individual employed on the maintenance staff of a state owned or county owned facility from installing, altering, or repairing plumbing, plumbing fix tures, air-conditioning and heating fixtures, or electrical services when such work is an integral part of the maintenance requirements of the facility, provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules, and regulations of the board."

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend HB 1084 by striking from Section 4, beginning on Page 7, line 31, the following:

TUESDAY, JANUARY 29, 1980

471

"The board shall appoint an executive director who shall be the ad ministrative officer of the board. The executive director shall serve at the pleasure of the board.",

and

By inserting in lieu thereof the following:

"The board shall recommend to the Secretary of State the appoint ment of an executive director and the Secretary of State shall appoint such person as executive director. The executive director shall be the ad ministrative officer of the board. Upon the board recommending to the Secretary of State that any person serving as executive director should be dismissed, the Secretary of State shall dismiss such person."

On the adoption of the amendment offered by the Senate Committee on Industry, Labor and Tourism, 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:

Ballard Barker Bell Brantley Brown of 47th Bryant Carter Cobb Coverdell

Fincher of 52nd Fincher of 54th Foster Hill Howard Hudson Kennedy Kidd Reynolds

Riley Russell Scott Starr Stephens Stumbaugh Summers Tysinger

Those voting in the negative were Senators:

Allgood Barnes
Bond Broun of 46th Dean Eldridge English Evans Gillis

Greene Horton
Hudgins Johnson Land Langford Lester Littlefield McGill

Overby Paulk
Robinson Sutton Tate Timmons Turner Walker Wessels

Not voting were Senators Holloway (presiding) and Thompson.

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On the adoption of the amendment, the yeas were 26, nays 27, and the committee amendment was lost.

Senator Robinson of the 27th offered the following amendment:

Amend HB 1084 by striking from lines 31 through 33 of Page 7 the following:
"The board shall appoint an executive director who shall be the ad ministrative officer of the board. The executive director shall serve at the pleasure of the board.",
and inserting in lieu thereof the following:
"The Secretary of State, in consultation with the division chairmen, shall appoint an executive director who shall be the administrative of ficer of the board. The executive director shall serve at the pleasure of the Secretary of State."

On the adoption of the amendment offered by Senator Robinson of the 27th, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Broun of 46th Carter Cobb Coverdell Dean Eldridge English

Evans Gillis Greene Hill Horton Hudgins Johnson Land Langford Lester

Littlefield McGill Overby Paulk Robinson Tate Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Barker Brantley Brown of 47th Bryant Fincher of 52nd Fincher of 54th

Foster Howard Hudson Kennedy Kidd Reynolds Riley

Russell Scott Stephens Stumbaugh Summers Sutton Tysinger

TUESDAY, JANUARY 29, 1980

473

Not voting were Senators Holloway (presiding), Starr and Thompson.

On the adoption of the amendment, the yeas were 31, nays 21, and the amendment offered by Senator Robinson of the 27th was adopted.

Senator Ballard of the 45th offered the following amendment:
Amend HB 1084 by striking in its entirety subsection (12) of Section 2, beginning on line 18 of Page 4, which reads as follows:
"(12) 'Joint secretary' shall mean the joint secretary, State Examin ing Boards."; and
By renumbering subsection (13), beginning on line 20 of Page 4, as subsection (12); and
By striking from subsection (a) of Section 3, beginning on line 26 of Page 4, the following:
"The board shall be assigned to the Secretary of State's office for ad ministrative purposes and shall be under the jurisdiction of the joint secretary."; and
By striking from subsection (a) of Section 4, beginning on line 10 of Page 8, the following:
"The joint secretary shall also provide assistance to the board in car rying out the provisions of this Act."; and
By striking from subsection (d) of Section 5, beginning on line 22 of Page 9, the following:
"The joint secretary shall assist the executive director in carrying out his duties."

On the adoption of the amendment, the yeas were 9, nays 26, and the amendment offered by Senator Ballard of the 45th was lost.

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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kidd Land Langford Lester McGill Overby

Those voting in the negative were Senators:

Bryant Eldridge

Kennedy

Paulk Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Turner Tysinger Walker Wessels
Littlefield

Those not voting were Senators:

Fincher of 52nd Holloway (presiding)

Johnson Reynolds

Thompson Timmons

On the passage of the bill, the yeas were 45, nays 4.

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

The President resumed the Chair.
HB 1167. By Representative Harris of the 8th: A bill to provide a supplementary appropriation for the Department of Of fender Rehabilitation for the fiscal year ending June 30,1980.
Senate Sponsor: Senator Holloway of the 12th.

TUESDAY, JANUARY 29, 1980

475

The report of the committee, which was favorable to the passage of the bill, a roll call was taken, and the vote was as follows:

On the 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 Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 54th

Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean Fincher of 52nd

Hill Robinson

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

Thompson Timmons

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

Senator Broun of the 46th moved that HB 1167 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 0; the motion prevailed and HB 1167 was immediately transmitted to the House.
Senator Broun of the 46th assumed the Chair at the direction of the President.

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HB 1203. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act", so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute to HB 1203:

A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," approved April 25, 1979 (Ga. Laws 1979, p. 1427), so as to change certain appropria tions for the fiscal year 1979-80; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," approved April 25, 1979 (Ga. Laws 1979, p. 1427), is hereby amended by striking Federal Revenue Shar ing Funds of $25,500,000 for fiscal year 1980 in the first paragraph follow ing the enacting clause and substituting in lieu thereof a new Federal Revenue Sharing figure of $50,999,999.37 for fiscal 1980 and by striking the revenue estimate figure of $2,623,000,000 for fiscal year 1980 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $2,711,000,000 for fiscal year 1980, and by strik ing the following:
"PARTI.
LEGISLATIVE BRANCH",
and Sections 1 through 67, and inserting in lieu thereof the following:

"PARTI.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ............$ Operations ............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

12,170,000 10,670,000 10,670,000 10,670,000

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477

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

1,500,000 1,500,000 1,500,000

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

10,670,000 1,500,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for member ship in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon ap proval of the Legislative Services Committee; for 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 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 Revi sion; for the annual report of the State Auditor to the General Assembly, for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Govern ment, 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 Govern ment. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative

478

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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. ............$
1. Operations ............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$
2. Tax Ratio Study ........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$
Budget Unit Object Classes:
Operations ............................$ Tax Ratio Study ........................$ Authorized Motor Vehicles Total Positions Budgeted
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court ...............$

3,765,732 3,415,732 3,415,732 3,415,732
350,000 350,000 350,000
3,415,732 350,000 22 137
1,756,600

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. Pro vided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts.

Total Positions Budgeted

56

Section 4. Superior Courts.

Budget Unit: Superior Courts .............$ 12,987,161

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479

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.
For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.
For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358.
Provided, however, that the listed appropriation shall be increased by the amount of $27,078 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 $80,000 per annum for each judgeship created by law during the 1980 session of the General Assembly.
Provided, that of the above appropriation relating to Superior Courts, $314,796 is designated and committed for the Prosecuting Attorneys' Council for operations and $58,521 is designated and committed for the Sentence Review Panel.
Provided, however, of the above appropriation $10,000 is designated and committed to attend the judicial college for judges with less than five year's ex perience.
Total Positions Budgeted
Section 5. Court of Appeals.
Budget Unit: Court of Appeals .............$
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 ap propriation shall be increased by the amount of $ 12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of the Court.

411 1,880,000
58

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Budget Unit: Administrative Office of the Court.......................,......$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$
For the cost of operating, the Administrative Offices of the Court.
Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College.
Section 7. Appellate Court Reports. Budget Unit: Court Reports ...............$
For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission .........................$
For the cost of operating the Judicial Qualifications Commission.
Section 9. Board of Court Reporting.
Budget Unit: ..........................$
For the cost of operating the Board of Court Report ing.
Section 10. Council of Juvenile Court Judges.
Budget Unit: ..........................$
For the cost of operating the Council of Juvenile Court Judges.

721,571 1,412,098
721,571
130,000
41,000 10,555 78,905

Section 11. Georgia Indigent Defense Council.

Budget Unit: ..........................$
For the cost of operating the Georgia Justice Courts Training Council.
Section 12. Georgia Criminal Justice Defense Coun cil.
Budget Unit: ..........................$

20,000 250,000

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481

For the cost of operating the Georgia Criminal Justice Defense Council.
It is the intent of this General Assembly that the State and Federal funds contemplated in this appropriation for Fiscal Year 1980 not be expended in such a manner as to require a total State fund appropriation for Fiscal Year 1981 in excess of $250,000 in order to continue the Fiscal Year 1980 program level.

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services .................$ 26,940,351

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

164,574 11,208 4,500 5,300 800 2,500 --0-- 9,038 2,782 15,050
215,752 215,752
6

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

719,997 37,018 6,000 --0-- 5,700 2,570 --0-- 42,358 16,983 --0--
--0--
1,500,000
850,000 3,180,626 3,180,626
37

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JOURNAL OF THE SENATE,

3. Fiscal and Self-Insurance 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 ..............$ Workers' Compensation ..................$ State Liability Self-Insurance Reserve ........$ Unemployment Compensation Reserve .......$ Public Safety Officers Indemnification Fund. . . $ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

934,468 60,694 22,000 --0-- 4,700 2,000
4,625,433 50,672 19,004 29,600
2,500,000 --0--
1,400,000 432,860
10,081,431 7,725,821
47

4. 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 ..............$ Materials for Resale. .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

167,318 93,038
200 --0-- 3,500 1,500 --0-- 54,100 5,020
700 3,650,000 3,975,376
--0-- 13

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

919,173 77,957 5,000 --0-- 29,500 1,850
208,375 57,294 31,527 --0--
1,330,676 1,330,676
53

6. General Services Administration Budget: Personal Services. .......................$

172,798

TUESDAY, JANUARY 29, 1980

483

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

80,476 800
--0-- 100 900
--0-- 1,440 2,300 --0-- 258,814 123,499
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 ..............$ Utilities. ..............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

733,412 234,554
21,500 --0--
13,180 3,509 31,000 23,150 16,500 15,000 23,500 1,115,305 363,977
57

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. ....................$ Payments to DO AS Fiscal Administration. .... $ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

11,572,584 917,288 32,000 --0-- 17,100 116,376 229,000
9,540,413 1,009,378
267,685 2,243,396 1,477,145 27,422,365 9,000.000
696

9. Motor Pool Services Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$

356,253 740,687
850 Ill ,300

484

JOURNAL OF THE SENATE,

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

800 1,200 2,011
720 5,114 --0-- 1,218,935 --0--
28

10. Communication 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 ..............$ Telephone Billings. ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,808,345 311,468 10,800 --0-- 50,000 12,100 64,000 59,390 1,000 10,000
19,548,679 21,875,782
5,000,000 109

1 1. 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

1,110,717 1,175,969
3,200 --0-- --0-- 26,500 5,580 124,949 11,637 --0-- 2,458,552 --0--
76

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ......,.$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

18,659,639 3,740,357
106,850 116,600 125,380 171,005 5,165,399 1,432,489

TUESDAY, JANUARY 29, 1980

485

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Rents and Maintenance Expense ............$ Utilities. ..............................$ Workers' Compensation ..................$ Payments to DOAS Fiscal Administration. . . . .$ Direct Payments to Georgia Building
Authority for Operations ................I 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. ......,...............$ Materials for Resale. .....................$ Public Safety Officers Indemnity Fund .......$ Unemployment Compensation Reserve .......$ Total Positions Budgeted Authorized Motor Vehicles

379,552 1,547,495 9,540,413
23,500 2,500,000 2,243,396
1,500,000
--0--
850,000 --0--
19,548,679 3,650,000
432,860 1,400,000
1,136 275

It is the intent of this General Assembly that other wise unencumbered funds in the Public Safety Officers Indemnity Reserve on June 30, 1978, be utilized in Fiscal Year 1980 for the purposes authorized in S. B. 36 of the 1978 Regular Session.

Provided, however, of the above appropriation relative to Unemployment Compensation, the Depart ment is authorized to use $2,407 for payment of en cumbrance generated before July 1, 1978.

It is the intent of this General Assembly that the Of fice of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Workers' Compensation and Unem ployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees.

It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity:

General Services ........................$ Data Processing Service. ..................$ Motor Pool Service ......................$ Communication Services. .................$ Printing Services ........................$ Central Supply Services. ..................$ Total. ................................$

258,814 27,422,365
1,218,935 21,875,782
2,458,552 3,975,376 57,209,824

except to provide general salary increases authorized for all State employees, or unless there is a corresponding

486

JOURNAL OF THE SENATE,

fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service.

Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual finan cial audit of the Department of Administrative Services.

Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or leasepurchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.

B. Budget Unit: Georgia Building Authority ......$

--0--

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 & Repairs ............$ Total Funds Budgeted. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,200,833 1,916,211
2,900 5,500 10,000 63,000 --0-- -- 0-- 40,000 77,000 1,438,700 1,339,566 3,162,000 --0-- 15,255,710 -- 0--
419

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 Authorized Motor Vehicles

7,200,833 1,916,211
2,900 5,500 10,000 63,000 --0-- --0-- 40,000 77,000 1,438,700 1,339,566 3,162,000 --0--
419 39

TUESDAY, JANUARY 29, 1980

487

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

Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Training Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcommittees of the House of Representatives and the State Senate.

Section 14. Department of Agriculture.
A. Budget Unit: Department of Agriculture ..........................$
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 ..............$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

18,096,236
2,758,059 211,125 122,750 38,000 23,000 43,100 --0-- 1,980 28,675 500 175,000
3,402,189 2,954,539
182

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 Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton. ..................$ Veterinary Fees. ........................$ Research Contract with Georgia Institute of Technology .................$

840,187 93,488 32,000 5,100 5,300 3,300 --0-- --0-- 44,743 --0--
313,937 530,070
823,000 525,000
165,000

488

JOURNAL OF THE SENATE,

Contract with University of Georgia to Study Avian Disease. .................$
Indemnities. ...........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$ Advertising ............................$ 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 ..............$ Repairs to Major and Minor Markets. ........$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ....................$

211,358 75,000
3,667,483 3,366,099
53
690,734 149,372 30,250 20,400
5,600 2,000 --0-- --0-- 41,184 37,100 35,000 1,011,640 1,006,140
41
1,497,280 780,088 14,400 27,100 40,600 11,775 --0-- --026,740 43,000 600,000
3,040,983 1,055,628
115
1,617,770 85,480 171,000 35,700 1,300 1,000 --0-- 3,300 17,700 --0--
1,933,250

TUESDAY, JANUARY 29, 1980

489

State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$ Atlanta Council for International Visitors. .... $ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$ Market Bulletin Postage ..................$ 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 State Funds Budgeted ....................$ Total Positions Budgeted
9. Consumer Services Budget:
Personal Services. .......................$

1,933,250 117
958,446 93,665 17,000 11,600 8,650 2,800
270,413 478,596
31,700 750
--0-- 1,873,620 1,833,876
51
101,989 12,144 1,000 --0--
297,000 --0-- --0-- --0-- 5,000 --0--
302,000 719,133 719,133
8
978,888 150,721 85,200 44,600
2,400 37,800
--0-- --0-- 12,700 --0-- 1,312,309 1,309,809
71
503,666

490

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
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
11. Meat Inspection 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
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 ......................$ Telecommunications. ....................$

52,961
13,000
25,500 10,000
1,000 --0-- --0-- 25,644 1,000 632,771 632,771
31
2,290,284 87,108 148,000 32,500 8,350 5,000 --0-- 5,220 23,400 --0--
2,599,862 2,030,974
141
2,149,952 49,899 167,500 15,300 2,300 1,100 --0-- --0-- 16,600 89,000
2,491,651 1,020,517
132
--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--

TUESDAY, JANUARY 29, 1980

491

Per Diem, Fees and Contracts ..............$ Purchase of Bait and Airplane Contracts ......$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- -- 0-- --0--
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

233,500 233,500 233.500
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 ..............$ Capital Outlay .........................$ Market Bulletin Postage ..................$ Purchase of Bait and Airplane Contracts. .....$ Athens Veterinary Laboratory Contract ......$ Tifton Veterinary Laboratory Contract. ......$ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, StatesboroandTifton. ..................$ Veterinary Fees .........................$ Research Contract with Georgia Institute of Technology .................$ Contract with University of Georgia to Study Avian Disease. .................$ Indemnities ............................$ Advertising Contract. ....................$ Direct Payments to Georgia Agrirama Development Authority for Operations .....$ Repairs to Major and Minor Markets. ........$ Atlanta Council for International Visitors .....$ Total Positions Budgeted Authorized Motor Vehicles

14,387,255 1,766,051 802,100 255,800 404,500 108,875 270,413 489,096 274,086 171,350 175,000 302,000 --0-- 313,937 530,070
823,000 525,000
165,000
21 1,358 75,000 35,000
233,500 600,000
--0-- 942 228

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.

492

JOURNAL OF THE SENATE,

Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).

B. Budget Unit: Georgia Agrirama Development Authority ................-.........$
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 ..............$ Capital Outlay .........................$ Goods for Resale ........................$ Sales Tax. .............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

-- 0--
289,922 76,382 5,175 --0-- 14,848 8,599 --0-- -- 0-- 4,200 19,444 77,403 61,860 7,760
565,593 --0-- 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 ..............$ Capital Outlay .........................$ Sales Tax. .............................$ Goods for Resale ........................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, the Authority is hereby authorized to budget additional agency income for the purpose of pro viding a retirement plan for its employees.

289,922 76,382 5,175 --0-- 14,848 8,599 --0-- --0-- 4,200 19,444 77,403 7,760 61,860 22 5

TUESDAY, JANUARY 29, 1980

493

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking andFinance. ..........................$
Administration and 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
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 Authorized Motor Vehicles
Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs .....................$
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 ..............$ Capital.Felony Expenses ..................$ State Aid to Military Impact Area ...........$ Total Funds Budgeted ....................$

2,417,613
1,869,481 66,394
267,208 91,000 12,136 12,915 11,950 57,700 18,329 10,500
2,417,613 2,417,613
92
1,869,48 1 66,394 267,208 91,000 12,136 12,915 1 1,950 57,700 18,329 10,500 92 14
3,219,094
372,664 31,125 9,300 5,600 9,500 22,295 --0-- 32,315 3,340 18,500 50,000
280,000 834,639

494

JOURNAL OF THE SENATE,

State Funds Budgeted ....................$ Total Positions Budgeted
2. Technical Assistance:
Personal Services. .......................$ 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. Planning and Programming:
Personal Services. .......................$ 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
4. Housing and Codes:
Personal Services. .......................$ 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. Program Development Budget: Personal Services. .......................$

741,917 18
433,484 12,358 33,250 --0-- 4,150 300 2,850 29,900 13,050 11,150
540,492 466,105
21
313,923 7,325 8,500 --0-- 1,500 200 --0-- --0-- 7,900 1,240
1,350,000 863,412
2,554,000 1,461,109
13
288,270 8,606 13,460 --0-- 3,950 6,520 2,500 16,245 9,369 2,000
350,920 315,920
16
169,491

TUESDAY, JANUARY 29, 1980

495

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 ..............$ Capital Felony Expenses ..................$ Grants to Area Planning and
Development Commissions ..............$ HUD 701 Planning Grants ................$ State Aid to Military Impact Area ...........$ Total Positions Budgeted Authorized Motor Vehicles
B. Budget Unit: State Building Administrative Board. .................$
State Building Administrative Board Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .......................$

8,900 20,000
--0-- 1,500 --0-- --0-- --0-- 6,600 150,942 357,433 234,043
7
1,577,832 68,314 84,510 5,600 20,600 29,315 5,350 78,460 40,259 183,832 50,000
1,350,000 863,412 280,000 75 2
1 14,830
88,830 2,370 5,000 --0-- 6,000 300 --0-- 5,240 900 18,500
127,140 1 14,830
5
88,830

496

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 Positions Budgeted Authorized Motor Vehicles

2,370 5,000 --0-- 6,000
300 --0-- 5,240
900 18,500
5 0

C. 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 ...................../.I Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Tota 1 Pos i t i ons Budgeted

560,555
570,863 29,897 17,335 10,600 18,900 500 50,075 35,735 16,760 14,500
765,165 243,863
25

2. LEAA Grants Budget:
LEAA State Buy In -- Carry Forward ...'.........'................$
LEAA Juvenile Justice. ...................$ LEAA Action Local. .....................$ LEAA Action State ......................$ LEAA Planning. ........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

10,815 1,520,000 5,260,000 3,172,339
622,400 10,585,554
286,200 0

3. Juvenile Justice Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$

83,685 2,582 3,000 --0-- 1,000 --0-- --0-- 3,346 1,620

TUESDAY, JANUARY 29, 1980

497

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 ..............$ LEAA Action Local. .....................$ LEAA Action State ......................$ LEAA Planning. ........................$ LEAA Juvenile Justice. ...................$ LEAA State Buy In -- Carry
Forward ............'................$ Total Positions Budgeted Authorized Motor Vehicles
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.

6,500 101,733 30,492
3
654,548 32,479 20,335 10,600 19,900 500 50,075 39,081 18,380 21,000
5,260,000 3,172,339
622,400 1,520,000
10,815 30 4

D. Budget Unit: Georgia Residential Finance Authority .........
Georgia Residential Finance 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 .....,........$ Rental Assistance Payments. ...............$ Grants to Housing Sponsors. ...............$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$

701,914 94,000 52,000 15,900 24,700 18,050 62,381 61,630 36,620 99,880
4,930,800 616,250
6,714,125 --0--

498

JOURNAL OF THE SENATE,

Total Positions Budgeted Authorized Motor Vehicles
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 ..............$ Rental Assistance Payments. ...............$ Grants to Housing Sponsors. ...............$ Total Positions Budgeted Authorized Motor Vehicles
Section 17. Office of Comptroller General.
Budget Unit: Office of Comptroller General ..............................$
1. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
2. Insurance Regulation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Computer Equfpment and
Feasibility Study ......................$ Total Funds Budgeted ....................$

38 0
701,914 94,000 52,000 15,900 24,700 18,050 62,381 61,630 36,620 99,880 4,930,800 616,250
38 0
4,176,181
378,607 58,704 5,200 --0-- 6,600 --0-- --0-- --0-- 13,083 1,000
463,194 451,819
21
743,1 79 30,499 5,480 --0-- 25,100 2,150 36,200 18,816 24,768 5,000
--0-- 891,192

TUESDAY, JANUARY 29, 1980
State Funds Budgeted ....................$ Total Positions Budgeted

499
891,192 44

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

272,929 17,216 14,300 --0-- 3,200 775 --0-- -- 0-- 4,732 --0--
313,152 313,152
14

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

659,680 35,705 16,000 --0-- 3,400 775 --0-- 20,268 19,490 1,000
756,318 756,318
43

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 Position Budgeted

1,673,828 89,176 115,000 103,700 9,000 1,500 --0-- 34,405 25,716 --0--
2,052,325 1,763,700
103

500

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. ....................$ Computer Equipment and
Feasibility Study ......................$ Per Diem, Fees and Contracts ..............$ Total Positions Budgeted Authorized Motor Vehicles

3,728,223 231,300 155,980 103,700 47,300 5,200 36,200 73,489 87,789
--0-- 7,000
225 57

Section 18. Department of Defense.
Budget Unit: Department of Defense .........$
1. Administration and Support of State Militia Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$

2,333,712
619,000 67,959 3,000 --0-- 23,000 5,675 --0-- --0-- 25,000 10,000
--0-- 18,000 25,000 10,000 806,634 806,634
34
633,860 76,844 16,500 --0-- 6,000 5,500 --0-- --0-- 22,600 17,500

TUESDAY, JANUARY 29, 1980

501

Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
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
5. Service Contracts 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

778,804 400,661
33
101,849 114,906
2,400 --0-- --0-- 9,000 --0-- --0-- --0--
500 277,500 525,420 1,031,575 846,385
5
160,760 7,726 18,520 --0-- 1,500 --0-- --0-- 3,600 3,795 --0--
195,901 --0-- 9
1,595,389 1,277,531
3,000 --0-- --0-- --0-- --0-- --0-- 1,800 --0-- 2,877,720 280,032
118

502

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 ..............$ Military Assistance to
Safety and Traffic Grant ................$ National Guard Units Grants ..............$ Georgia Military Institute Grant. ...........$ Civil Air Patrol Contract. .................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

3,110,858 1,544,966
43,420 --0--
30,500 20,175
--0-- 3,600 53,195 28,000
-0-- 277,500
18,000 25,000 535,420
199 20

Section 19. State Board of EducationDepartment of Education.

A. Budget Unit: Department of Education. ..........................$ 1,119,359,766

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 ..............$ Utilities. ..............................$ Total Funds Budgeted ....................$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,280,526 276,525 305,405 --0-- 226,340 42,657 --0-- 145,592 153,339 291,943 18,760
3,741,087 55,955
1,466,208 120

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

229,882 40,468 2,500 --0-- 2,500 1,000 --0-- 2,274 3,800

TUESDAY, JANUARY 29, 1980

503

Per Diem, Fees and Contracts ..............$ Total Funds Budgeted . ...................$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
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
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. ..............................$

332,970 615,394
2,274 613,120
2
2,212,736 220,713 181,000 --0-- 76,791 5,424 --0-- 95,319 68,050
2,214,927 7,867
5,082,827 949,394 113
2,819,237 1,741,686
69,994 --0--
147,902 40,893
--0-- 7,458 64,019 208,130 298,636 --0-- 5,397,955 4,451,846
180
677,613 304,374
21,628 --0-- 9,600 9,015 --0--
97,218 29,750 107,450
7,390

504

JOURNAL OF THE SENATE,

Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
6. State 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 ....................$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted
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. ...........$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted
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

1,264,038 716,098 49
849,286 90,796 37,770 --0-- 22,300 10,069 --0-- 114,884 25,679 145,309
1,296,093 45,509
976,134 41
3,801,046 212,730 251,222 --0-- 250,291 76,717
1,106,335 181,604 90,166 126,035 3,488
6,099,634 130,000 96,262
3,594,572 215
382,986 20,416 1,200 --0-- 8,112 --0-- --0-- 22,074 9,816 200
444,804 432,401
29

TUESDAY, JANUARY 29, 1980

505

9. Planning and 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

1,828,343 106,239 126,144 --0-- 76,364 10,202 --0-- 85,445 56,627
1,306,202 3,595,566 2,643,914
92

10. 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. ......................$
Cash Grants for Capital Outlay. ............$ Authority Lease Rentals ..................$

--0--
624,243 65,441,220
-- 0--

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1) and 10(a) (2)). . . . .$ 435,735,598

Salaries of Instructional Personnel (Sec. 5)... $ 68,302,827

Salaries of Student Supportive

Personnel (Sec. 20 (a)). ................$ 19,155,523

Salaries of Administrative

and Supervisory Personnel (Sec. 21) ......$ 52,983,299

Special Education Leadership

Personnel (Sec. 21 (c) (2)) ..............$ 2,130,072

Instructional Media (Sec. 13) .............$ 16,856,794

Instructional Equipment (Sec. 14) .........$ 656,002

Maintenance and Operation (Sec. 15) ......$ 72,614,678

Sick and Personal Leave (Sec. 16). .........$ 5,266,753

Travel (Sec. 17) .......................$ 743,469

Instructional Specialists (Sec. 12). .........$

--0--

Pupil Transportation--Regular (Sec. 25) .... $ 45,723,445

Public Transportation--

Special (Sec. 25) .....................$ 5,365,988

Isolated Schools .......................$ 281,541

Kindergarten Program. .................$ 39,007,497

Mid-Term Adjustment ..................$

--0--

Non-APEG Grants:
Education of Children of Low-Income Families. ................$ 81,285,228

506

JOURNAL OF THE SENATE,

Driver Education. .....................$

--0--

Teacher Retirement ....................$ 60,252,354

Instructional Services for

the Handicapped ....................$ 20,223,947

Preparation of Professional

Personnel in Education

of Handicapped Children ..............$

117,904

Educational Training Services

for the Mentally Retarded. .............$

--0--

Tuition for the Multi-handicapped. ........$ 622,000

Severely Emotionally Disturbed. ..........$ 10,013,494

Compensatory Education ...............$ 12,746,747

Guidance, Counseling and Testing. ........$

--0--

School Library Resources and

Other Materials .....................$ 3,735,241

School Lunch (Federal) .................$ 109,097,600

School Lunch (State) ...................$ 14,060,000

Supplementary Education Centers

and Services ........................$ 3,251,210

Staff Development .....................$ 980,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification. ..................$ 1,995,000

Cooperative Educational

Service Agencies. ....................$ 2,853,449

Superintendents' Salaries. ...............$ 3,703,435

High School Program. ..................$ 20,995,224

Area Vocational Technical

Schools. ...........................$ 39,181,942

Career Education. .....................$

335,000

Junior College Vocational

Program. ..........................$ 1,050,357

Quick Start Program ...................$ 2,040,000

Comprehensive Employment

and Training .......................$ 3,595,000

Vocational Research

and Curriculum .....................$

730,000

Adult Education ......................$ 3,563,737

Salaries and Travel of

Public Librarians ....................$ 3,362,056

Public Library Materials ................$ 3,042,571

Talking Book Centers. ..................$

578,243

Public Library Maintenance

and Operation ......................$ 1,817,508

Public Library Construction .............$ 3,540,835

Comprehensive Planning ................$ 300,000

Competency-Based High School

Graduation Requirements .............$

250,000

Vocational Special

Disadvantaged ......................$

521,970

Instructional Aides. ....................$

--0--

Teacher Health Insurance ...............$ 31,285,508

Special Projects .......................$

10,000

TUESDAY, JANUARY 29, 1980

507

Nutritional Education ..................$ 175,700

Regional ITV Projects ..................$ 100,000

H. B. 95 Tax Rebate. ...................$ 75,000,000

Area Vocational Technical

School Construction . .................$ 1,501,000

Total Funds Budgeted . ..................$ .1,348,803,209

State Funds Budgeted ...................$ .1,103,516,079

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

15,081,655 3,013,947
996,863 --0--
820,200 195,977 1,106,335 751,868 501,246 4,733,166 336,141
-0--

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a)(l)

and 10(a) (2)) .......................$ 435,735,598

Salaries of Instructional

Personnel (Sec. 5) ....................$ 68,302,827

Salaries of Student Supportive

Personnel (Sec. 20 (a)). ................$ 19,155,523

Salaries of Administrative and

Supervisory Personnel (Sec. 21 )..........$ 52,983,299

Special Education Leadership

Personnel (Sec. 21 (c) (2)). ..............$ 2,130,072

Instructional Media (Sec. 13) .............$ 16,856,794

Instructional Equipment (Sec. 14) .........$ 656,002

Maintenance and Operation (Sec. 15) ......$ 72,614,678

Sick and Personal Leave (Sec. 16). .........$ 5,266,753

Travel (Sec. 17) .......................$ 743,469

Instructional Specialists. ................$

--0--

Pupil Transportation--

Regular (Sec. 25). ........,...........$ 45,723,445

Pupil Transportation--

Special (Sec. 25) .....................$ 5,365,988

Isolated Schools . ......................$ 281,541

Kindergarten Program. .................$ 39,007,497

Mid-Term Adjustment ..................$

--0--

Non-APEG Grants:
Education of Children of Low-Income Families. ................$ 81,285,228

508

JOURNAL OF THE SENATE,

Driver Education. .....................$

--0--

Teacher Retirement ....................$ 60,252,354

Instructional Services for

the Handicapped ....................$ 20,223,947

Preparation of Professional

Personnel in Education

of Handicapped Children ..............$

117,904

Educational Training Services

for the Mentally Retarded. .............$

-- 0--

Tuition for the Multi-handicapped. ........$ 622,000

Severely Emotionally Disturbed. ..........$ 10,013,494

Compensatory Education ...............$ 12,746,747

High School Program. ..................$ 20,995,224

Vocational Research

and Curriculum .....................$

730,000

Adult Education ......................$ 3,563,737

Area Vocational Technical Schools ........$ 39,181,942

Career Education. .....................$

335,000

Junior College Vocational

Program. ..........................$ 1,050,357

Quick Start Program ...................$ 2,040,000

Comprehensive Employment

and Training .......................$ 3,595,000

Guidance, Counseling and Testing. ........$

--0--

School Library Resources and

Other Materials .....................$ 3,735,241

Salaries and Travel of

Public Librarians ....................$ 3,362,056

Public Library Materials ................$ 3,042,571

Talking Book Centers. ..................$

578,243

Public Library Maintenance

and Operation ......................$ 1,817,508

Public Library Construction .............$ 3,540,835

School Lunch (Federal) .................$ 109,097,600

School Lunch (State) ...................$ 14,060,000

Supplementary Education

Centers and Services. .................$ 3,251,210

Staff Development .....................$ 980,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification. ..................$ 1,995,000

Cooperative Educational

Service Agencies. ....................$ 2,853,449

Superintendents' Salaries. ...............$ 3,703,435

Comprehensive Planning ................$

300,000

Competency-Based High School

Graduation Requirements .............$

250,000

Vocational Special Disadvantaged. ........$

521,970

Instructional Aides. ....................$

--0--

Teacher Health Insurance ...............$ 31,285,508

Special Projects .......................$

10,000

Regional ITV Projects ..................$

100,000

Nutritional Education ..................$

175,700

TUESDAY, JANUARY 29, 1980

509

H.B. 95 Tax Rebate ....................$ 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 .....................$
Cash Grants for Capital Outlay . .....................$
Authority Lease Rentals ..................$
Total Positions Budgeted Authorized Motor Vehicles

75,000,000 1,501,000
--0--
624,243 65,441,220
--0-- 841 17

B. Budget Unit: Institutions ..................$ 10,732,856

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

1,841,419 244,104 8,888 35,590 5,082 51,675 --0-- --0-- 13,829 14,200 130,925 10,000
2,355,712 2,016,335
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 .........................$ Authority Lease Rentals ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

3,375,804 486,932 10,769 82,403 200 294,504 --0-- --0-- 14,141 117,083 173,077
1,008,626 --0--
5,563,539 4,019,681
271

510

JOURNAL OF THE SENATE,

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 ....................$ State 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
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 ..............$ Utilities. ..............................$ Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Funds Budgeted ....................$

1,258,828 169,712 4,583 --0-- 2,700 124,006 --0-- --0-- 13,028 16,500 71,054 --0--
1,660,411 1,438,797
87
1,816,110 557,809 17,816 --0-- 5,700 70,830 --0-- --0-- 13,421 5,022 197,475 --0-- --0--
2,684,183 1,724,119
106
1,434,928 452,304 13,425 --0-- 3,360 76,400 --0-- --0-- 10,972 4,110 197,005 --0-- --0--
2,192,504

TUESDAY, JANUARY 29, 1980

511

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 ..............$ Utilities. ..............................$ Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Positions Budgeted Authorized Motor Vehicles
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 obli gation of the current funds of the State, unless such pro gram 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 and Teachers' Health Insurance 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 1 through 6 and shall be used for remedial purposes only. Provided, further, that $ 10,246,747 of these funds shall be distributed on a pari ty formula based on the total average daily attendance in grades 1 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 criterionreferenced test in reading.
Provided, further, that for kindergarten programs, each system shall be allotted instructional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, pro vided, however, that each system shall be allotted at least one instructional unit; except in the case of mentally, physically or emotionally handicapped children, the

1,533,924 94
9,727,089 1,910,861
55,481 117,993
17,042 617,415
--0-- --0-- 65,391 156,915 769,536 1,018,626 --0--
710 61

512

JOURNAL OF THE SENATE,

ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Ini tial pre-school allotments for school year 1979-80 shall be based upon a current year fourth-month ADA (ADM for handicapped) for existing State units. Additional allotments shall be made based upon a spring 1979 kindergarten pre-enrollment by each local system. Said initial allotments may be adjusted by the actual fall 1979 average daily attendance if so warranted. Each instruc tional unit shall be funded on the basis of actual reim bursement for salary, retirement, and school lunch cost and $9,644 for operational cost incurred by continued units and $12,493 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 equip ment, testing, transportation, and additional instruc tional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning addi tional instructional units.
Provided, that the State Board of Education shall make allotments for Sections 5, 7, 10, 12, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1979, as modified by Section 48 of this Act.
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 $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, that of the above appropriation relative to Public Library Construction Grants, $3,540,835 is des ignated 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 al located to local systems based on 85 cents per student in average daily attendance.
Provided, that of the above appropriation, funds al-

TUESDAY, JANUARY 29, 1980

513

located for the purpose of renovating public sclx)l 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 lunds 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 utiliz ed at or near capacity for the foreseeable future.
4. No project shall be eligible unless it comprehen sively addresses all needed improvements to house the functions and educational programs within the lacility.
5. A higher priority ranking shall lie given to those projects which require a lesser percentage of construction cost for items which would otherwise be linanced 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, consolida tion, 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 Maintenance 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.
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.

514

JOURNAL OF THE SENATE,

It is the intent of this General Assembly that loeal 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 APEG Grants, $ 18,352,370 is designated and committed for ad justing the basis for allotment of instructional units under Section 10 to 1:20 for grades 1-2.
Provided, however, that local school systems, in ac cordance with State Board policy, may use additional in structional units earned in grades 1 - 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Section 10b(2) and Section 15(M&O).
Provided, that of the above appropriation for $980,000 for Staff Development, $90,000 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 pro gram plan for gifted students by the State Superintendent of Schools.
The above appropriation for the Department of Education includes funds for cost-of-living increases as follows: for teachers and other instructional and support personnel, a 6'/2% increase, effective 9-1-79, with begin ning teachers to receive the same salary as those with one year's experience; for school bus drivers, an increase of 12%, effective 7-1-79; for extended day/year vocational education teacher supplements, an increase of 7%, effec tive 9-1-79. In the event the official opening date of the 1979-1980 school year is not September 1, 1979, in creases authorized in this Section for that date shall be made effective on the official opening date.
Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(c) (2) of APEG for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the month of June with the prior approval of the Office of Planning and Budget.
Provided that of the above appropriation for Area Vocational Technical School Construction, $350,000 is hereby designated and committed for the planning and design of a facility in Gwinnett County.

TUESDAY, JANUARY 29, 1980

515

Section 20. Employees' Retirement System.
Budget Unit: Employees' Retirement System ... $
Employees' Retirement System 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 Authorized Motor Vehicles

--0--
476,006 42,968 6,000 --0-- 12,000 4,700 150,700 48,130 8,050
315,000 1,063,554
--0-- 28
476,006 42,968 6,000 --0-- 12,000 4,700 150,700 48,130 8,050
31 5,000 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ...........$ 15,259,590

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 ..............$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

547,840 285,340
3,800 --0--
751 7,000 9,821 --0-- 8,505 61,976 --0-- 925,033 208,533
30

516

JOURNAL OF THE SENATE,

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

11,658,340 2,024,398
80,000 700,000
20,040 1,100,480
35,840 12,501 383,280 10,920 60,000 160,500 16,246,299 13,441,443
810

3. 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 ..............$ Contractual Research ....................$ Herty Foundation .......................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

545,492 82,580 17,100 4,830 47,212 700 61,506 --0-- 14,726 5,066
392,000 --0--
1,171,212 1,109,614
25

4. Wood Energy Budget:

Wood Energy Program ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

500,000 500,000 500,000
2

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

12,751,672 2,392,318
100,900 704,830
68,003 1,108,180
107,167 12,501
406,511 77,962

TUESDAY, JANUARY 29, 1980

517

Contractual Research ....................$ Ware County Grant .....................$ Herty Foundation .......................$ Wood Energy Program ...................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

392,000 60,000 --0_
500,000 160,500
867 751

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Cooperative Forest Protection, Co operative Forest Management, Insect and Disease, Forest Incentive 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.

It is the intent of this General Assembly that the Forestry Commission have authority to control the ap plication of the Contractual Research funds in the above appropriation.

Section 22. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation. ..........................$ 12,053,297

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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

393,393 24,328 4,900 13,300 2,250 2,550 --0-- 27,000 18,134 --0-- 3,600
489,455 489,455
23

2. Investigative Division Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$

4,180,246 545,315 252,150 281,300

518

JOURNAL OF THE SENATE,

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Evidence Purchased .....................$ Postage .........................,.....$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

17,200 22,962
1,500 66,200 165,818
2,800 140,000
6,900 850
5,683,241 5,480,797
181
1,644,506 249,369 21,000 62,500 4,000 477,000 132,200 10,170 40,308 500 13,000
2,654,553 2,295,665
83
1,555,676 101,534 10,450 --0-- 50,964 --0--
1,707,407 3,000
338,149 3,200 17,000
3,787,380 3,787,380
103

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

7,773,821 920,546 288,500 357,100 74,414

TUESDAY, JANUARY 29, 1980

519

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Evidence Purchased .....................$ Postage ...............................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

502,5 12 1,841,107
106,370 562,409
6,500 140,000 40,500
850 390 226

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 Of fice of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to proj ect grants.
Section 23. Georgia Franchise Practices Commission.
Budget Unit: Georgia Franchise Practices Commission ....................$
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
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$

39,979
19,629 7,900
850 --0-- 1,500
250 --0-- 2,850 2,000 5,000 39,979 39,979
2
19,629 7,900
850 --0-- 1,500
250 --0--

520

JOURNAL OF THE SENATE.

Krai Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Positions Budgeted Authorized Motor Vehicles
Section 24. Georgia State 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 ..............$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem. Fees and Contracts ..............$ Capita] Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

2,850 2,000 5,000
2 0
5,000,000
643,108 74,500 6.000 0 12,600 1,750 25,000 52,911 14,000
188.000 5.000,000 6,017,929 5,000,000
30
643,168 74,500 6,000 0 12,600 1,750 25,000 52.911 14,000
188,000 5,000.000
30 0

Section 25. Office of the Governor.
A. Budget Unit: Governor's Office. ............$
I. Governor's Office Budget: Cost of Operations ......................$ Mansion Allowance. .....................$ Governor's Emergency Fund. ..............$

4,575,836
1,258,027 40,000
3,000,000

TUESDAY, JANUARY 29, 1980

521

Intern Stipends and Travel Total Funds Budgeted.... State Funds Budgeted ....

77,298 4,375,325 4,375,325

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. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

2. Office of Fair Employment Practices 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

304,599 14,220 18,800 --0-- 2,600 4,000 --0-- 15,627 9,440 74,474
443,760 200,511
14

Budget Unit Object Classes:
Cost of Operations ......................$ Mansion Allowance. .....................$ Governor's Emergency Fund. ..............$ Intern Stipends and Travel .................$ Personal Services. .......................$ 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 Authorized Motor Vehicles

1,258,027 40,000
3,000,000 77,298
304,599 14,220 18,800 --0-- 2,600 4,000 --0-- 15,627 9,440 74,474 14 1

522

JOURNAL OF THE SENATE,

B. Budget Unit: Office of Planning and Budget ..........................$
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 ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
2. Council of the Arts Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Art Grants. ............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
4. Intergovernmental Relations Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

4,647,463
338,099 22,306 10,000 --0-- 20,000 500 --0-- 160,716 7,000 1 1,000
569,62 1 569,621
15
108,466 8,230 4,100 --0-- 10,199 --0-- --0-- 14,045 6,300 9,480
1,729,705 1,890,525 1,103,626
8
205,173 6,391 6,000 --0-- --0-- 300 -- 0-- --0-- 4,269 --0--
222,133 207,133
9
161,400 9,873

TUESDAY, JANUARY 29, 1980
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. Management Review 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 ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 Aftairs:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$

523
18,902 --0-- 300 64 --0-- --0-- 5,857 1,000
197,396 197,396
7
461,653 15,560 6,100 --0-- --0-- --0-- 12,000 --0-- 9,000 300
504,613 459,334
21
265,08 1 5,400 3,500 --0-- --0-- 500 --0-- -- 0-- 4,500 --0--
278,981 258,981
10
755,728 48,250 14,000 --0-- 5,000 2,325 18,000 52,447 100,000

524

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,000 997,750 718,822
50

8. State Energy 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

414,866 46,700 48,026 --0-- 71,003 8,720 --0-- --0-- 14,300
4,824,535 5,428,150
299,747 18

9. Governor's Committee on Post-Secondary 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

90,272 5,988 3,300 --0-- 4,725 --0-- 5,000 7,350 3,045 11,650
131,330 55,150
4

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

85,506 3,730 6,000 --0-- 1,000 2,000 --0-- --0-- 2,600
58,000 158,836 158,836
3

TUESDAY, JANUARY 29, 1980

525

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. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
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

319,745 15,480 20,000 --0-- 6,500 2,000 14,000 -- 0-- 10,632
155,000 543,357 209,225
14
292,428 8,793 6,400 --0-- --0-- 1,250 --0-- --0-- 5,700 --0--
3 14,571 289,57 1
12
265,257 10,800 7,000 --0-- 600 492 --0-- 10,872 5,000 20,000
320,021 120,021
14

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$

3,763,674 207,501 153,328

526

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Art Grants. ............................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 119,327
18,151 49,000 245,430 1 78,203 5,092,965 1,729,705
185 0

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

6,800,000
2,600,000 2,600,000 2,600,000
4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties ......................$ Grants to Municipalities ..................$

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 27. Department ot Human Resources.
A. Budget Unit: Departmental Operations ..........................$ 152,019,620

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. ....................I Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Postage ...............................$

8,628,025 613,620 397,225 --0-- 122,895 30,850
1,487,395 1,493,010
360,280 1,764,865
59,500 487,910

TUESDAY, JANUARY 29, 1980

527

Institutional Repairs and Maintenance. .................... . $
Capital Outlay ........................ . $ Total Funds Budgeted ................... . $ Indirect DOAS Services Funding. ...........$ Indirect GBA Funding. .................. .^ Agency Funds .....,....................$ TitleXXFunds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

708,080 57,745
16,211,400 1,250,000 800,000 5,7 I 7,307 2.462.986 5,98 1,107 523 7

General Administration and Support Functional Budgets

Total Funds

Commissioner's Of lice .......$ 615,380

Child Care Licensing .... .... $ 1,003,767

Laboratory Improvement .....$ 444,255

Child Support Recovery ......$ 1,954,144

Contract Management' .......$ 1,191,292

Public Affairs. .............$ 283,128

Office of Administrative

Appeals. ................$ 759,222

Health Care Facilities

Regulations. .............$ 1,829,651

Administrative Policy,

Coordination

and Direction ............$ 1 19,434

Personnel .................$ 1,246,906

Administrative Support

Services. ................$ 1,635,569

Office of Review

and Investigation. .........$ 632,054

Systems Planning,

Development and Training ..$ 465,905

Program Analysis ...........$ 135,948

Electronic Data Processing,

Planning and Coordination. .$ 1,280,760

Facilities Management .......$ 1,641,976

Regulatory Services--

Program Direction

and Support. .............$ 429,879

IndirectCost. .............. ^

--0--

Undistributed ..............$ 542,130

Total. ....................$ 16,211,400

State Funds

Pos.

$ 615,380

19

$ 856,934

59

$ 282,228

19

$ 499,696 100

$ 171,998

9

$ 283.128

12

$ 759,222

22

$ 268,885

69

$ 1 19,434

5

$ 1.206,110

70

$ 1.261,846

60

$ 250.852

22

$ 450.905

22

$ 135.948

7

$

--0--

0

$ 841,976

5

$ 243.837

21

S (3,019,840)

0

$ 752,568

2

$ 5,981,107 523

2. Financial Management Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

3.720,565 122,190 139,365 --0-- 25,635

528

JOURNAL OF THE SENATE,

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
Authorized Motor Vehicles

--0--
--0-- 9,700 4,500
150,000 100 700
4,1 72,755 --0--
1,698,803 2,473,952
223
0

Financial Management Functional Budgets

Total Funds

Budget Administration .......$ 912,675

Accounting Services .........$ 2,082,335

Auditing Services ...........$ 1,245,622

Indirect Cost. ..............$

--0--

Undistributed ..............$ (67,877)

Total. ....................$ 4,172,755

State Funds

Pos.

$ 912,675

35

$ 2,082,335 129

$ 1,195,622

59

$ (1,648,803)

0

$ (67,877)

0

$ 2,473,952 223

3. Special Programs:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Heal Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Grant to Parent-Child Center ..............$ Grant to Polk County
Day Care Center ......................$ Utilities. ..............................$ Postage ...............................$ Benefits for Child Care ...................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,945,635 84,410 96,070 --0-- 19,030 --0-- --0-- 169,480 53,720
22,648,035 12,000
20,000 --0-- 3,000
504,000 25,555,380
--0-- 20,978,016
4,577,364 109 0

TUESDAY, JANUARY 29, 1980

529

Special Programs Functional Budgets

Total Funds

State Funds

Pos.

State Economic

Opportunity Off ice ........$ 460,288

$ 76,630

18

District Programs,

Director's Off ice ..........$ 585,971

$ 438,181

25

Council Administration ......$ 387,785

$ 171,927

13

Child Development

Administration ...........$ 1,253,981

$

567

44

Child Development

Contracts--Foster Care. ....$ 267,605

$

16,774

0

Special Projects. ............$ 212,000

$ 212,000

0

Child Development

Contracts-Day Care ......$ 20,007,382

$ 2,786,560

0

Child Development

Contracts--Home

Management. ............$ 531,348

$ 96,015

0

Child Development

Contracts--Outreach ......$ 620,987

$ 74,617

0

Appalachian Health

and Child Development. ....$ 475,709

$ 73,440

9

Information and Referral .....$ 317,407

$ 53,907

0

Troubled Children Benef its. ...$ 504,000

$ 504,000

0

Undistributed ..............$ (69,083) $ 72,746

0

Total. ....................$ 25,555,380

$ 4,577,364 109

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 ..............$ Utilities. ..............................$ Postage ...............................$ Total Funds Budgeted ....................$ Indirect DO AS Services Funding. ...........$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,679,440 119,980 45,650 --0-- 42,670 1,000 --0-- 33,955 180,285 215,000 --0-- 700
2,318,680 145,000 501,820
1,671,860 106 0

530

JOURNAL OF THE SENATE,

Physical Health--Program Direction and Support Functional Budgets

Total Funds Director's Off ice. ...........$ 387,135 Employee's Health ..........$ 170,994 Primary Health Care ........$ 514,677 Special Projects. ............$ 115,238 Health Program Management. .$ 247,387 Vital Records ..............$ 724,780 Health Services Research .....$ 120,184 Undistributed ..............$ 38,285 Total. ....................$ 2,318,680

State Funds

Pos.

$ 242,135

7

$ 87,994

9

$ 185,857

13

$ 75,238

3

$ 236,387

15

$ 724,780

52

$ 81,184

7

$ 38,285

0

$ 1,671,860 106

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 ot
Clotting Factor for the Hemophilia Program. ..................$ Benefits for Medically Indigent High Risk Pregnant Women and Their Infants .........................$ Grant to Grady Hosital for Cystic Fibrosis Program. ................$ Contract with Emory University for Cancer Research. ......".............$ Contract with Emory University for Arthritis Research. .....'.............$ Grant for Cystic Fibrosis Program ..........$ Family Planning Benefits .................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ AgriR-v Funl-. .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

4,309,680 2,057,230
276,885 10,895
116,765 32,880 193,000 303,760 47,950 6,470,580
-- 0-- 25,330
3,239,000 2,953,515
450,000 1,632,000
100,000
25,000
40,000
50,000
1 70,000 50,000 226,530 22,781,000
--0-- 1 1,37-',,G5I 11,406,349
273 5

TUESDAY, JANUARY 29, 1980

531

Physical Health -- Family Health Functional Budgets

Total Funds Family Health Management ...$ 6,038,184 Cancel-Control...... .......$ 2,097,180 Crippled Children. ..........$ 5,221,073 Immunization. .............$ 521,281 Maternal Health. ...........$ 200,716 Sexually Transmitted Diseases .$ 193,426 Infant and Child Health ......$ 3,521,147 Diabetes ..................$ 325,000 Chronic Disease ............$ 1,341,030 Coordination, Education,
Prevention. ..............$ 466,962 Malnutrition. ..............$ 247,160 Stroke and Heart Attack
Prevention. ..............$ 265,607 Family Planning. ...........$ 707,916 Epidemiology. .............$ 645,163 Dental Health ..............$ 55,885 Community Tuberculosis
Control .................$ 879,742 Undistributed ..............$ 53,528 Total. ....................$ 22,781,000

State Funds

Pos.

$ 302,807

27

$ 1,882,180

4

$ 2,308,387

91

$

--0--

25

$ 200,716

7

$ 193,426

7

$ 3,478,490

11

$ 40,000

10

$ 1,341,030

26

$

--0-

6

$

--0--

8

$ 59,607

4

$ 20,255

12

645,163

7

$ 55,885

3

$ 702,742

25

$ 175,661

0

$ 11,406,349 273

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. ..............................$ Total Funds Budgeted ....................$ Indirect DO AS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

3,005,995 463,935 45,375 --0-- 30,500 49,145 --0-- 36,585 4,000 132,320 --0--
12,200 3,780,055
--0-- 184,550 3,595,505
174 5

Physical Health -- Community Health Functional Budgets

Total Funds Radiological Health .........$ 317,366

State Funds

Pos.

$ 317,366

13

532

JOURNAL OF THE SENATE,

Occupational Health ........$ Laboratory Services .........$ Emergency Health ..........$ Undistributed. .............$ Total. .,..................$

212,510 2,665,106
421,461 163,612 3,780,055

$ 212,510

9

$ 2,271,956 138

$ 421,461

14

$ 372,212

0

$ 3,595,505 174

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, Fees and Contracts ..............$ Utilities. ..............................$ Postage ...............................$ Family Planning Benefits .................$ Midwifery Program Benefits ...............$ Crippled Children Benefits ................$ Grants to Counties for Teenage
Pregnancy Prevention ..................$ 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..........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

9,425,855 10,935,360
433,700 --0--
37,500 35,290
--0-- 96,375 116,755 3,815,505
7,980 24,455 75,000 1 75,000 1,076,505
250,000
3,451,480
110,910
1 19,260 18,931,440 49,118,370
80,000 21,953,1 74
1,100,000 25,985,196
581 2

Physical Health -- Local Services Functional Budgets

Total Funds Minimum Foundation .......$ 5,916,313 Grant-in-Aid to Counties. .....$ 16,516,308 Stroke and Heart
Attack Prevention .........$ 446,049 Family Planning. ...........$ 4,884,436 Sickle Cell, Vision
and Hearing .............$ 311,275

State Funds

Pos.

$ 5,523,492 235

$13,457,808

0

$ 396,049

21

$ 438,196 195

$ 311,275

15

TUESDAY, JANUARY 29, 1980

533

Sexually Transmitted Diseases. ................$ 797,743
High Risk Pregnant Women and Their Infants. .........$ 3,865,762
NewbornFollow-UpCare. ....$ 222,227 District Dental .............$ 696,293 Teenage Pregnancy Prevention .$ 250,000 District Crippled Children ....$ 1,839,170 Mental Retardation Projects ...$ 230,173 Malnutrition. ..............$ 13,413,192 Undistributed. .............$ (270,571) Total. ....................$ 49,118,370

$ 93,671

26

$ 3,792,762

19

$ 222,227

12

$ 696,293

18

$ 250,000

0

$ 1,085,309

33

$

--0--

0

$

--0-

7

$ (281,886)

0

$ 25,985,196 581

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 DO AS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,914,820 141,835 160,505 --0-- 56,800 13,605 670,480 84,750 128,955
1,172,565 2,500 2,100
5,348,915 545,000
2,165,294 2,638,621
145

Mental Health--Program Direction and Support Functional Budgets

Total Funds Administration. ............$ 1,519,564 Special Projects
andContracts ............$ 1,188,537 Program Coordination .......$ 2,361,409 Undistributed ..............$ 279,405 Total. ....................$ 5,348,915

State Funds

Pos.

$ 1,519,564

65

$

5,491

8

$ 794,162

74

$ 319,404

(2)

$ 2,638,621

145

9. Purchase of Social Services:

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

--0-

Regular Operating Expenses ...............$

--0-

Travel ................................$

--0-

Motor Vehicle Equipment Purchases. ........$

--0-

Publications and Printing .................$

--0-

534

JOURNAL OF THE SENATE,

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities ...............................I Postage...............................$ W.I.N. Benefits .........................$ Grants to Fulton County for 24-
hour Emergency Social Services. ..........$ Benefits for Child Care ...................$ Homemaker Meals ............,.........$ Chatham County Homemaker Prjects ........$ Douglas County Homemaker Project. ........$ Fulton County Homemaker Project. .........$ Total Funds Budgeted . ...................$ Agency Funds ..........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- -- 0-- --0-- 250,000 --0-- --0-- 800,000
130,000 8,039,080
151,400 406,330
94,700 230,735 10,102,245 4,476,162 1,342,374 4,283,709
0

Purchase of Social Services Functional Budgets

Total Funds

State Funds

Pos.

Work Incentive Benefits ......$ 800,000 $ 80,000

0

Grants to Fulton County

for 24-hour Emergency

Social Services. ...........$ 130,000 $ 130,000

0

Legal Services. .............$ 200,000 $ 50,000

0

AFDC-Family Foster Care ...$ 2,232,796 $ 747,428

0

AFDC--Institutional

Foster Care. .............$ 740,804 $ 247,986

0

Specialized Foster Care. ......$ 100,000 $ 25,000

0

Child Welfare-

Family Foster Care ........$ 3,500,310 $ 2,007,212

0

Adoption Supplement ........$

90,000 $ 90,000

0

Non-AFDC Institutional

Foster Care ..............$ 140,000 $ 140,000

0

Liability Insurance ..........$

16,000 $

16,000

0

Emergency Shelter Care ......$

80,000 $ 20,000

0

Day Care .................$ 692,653 $ 342,653

0

Psychiatric, Psychological

and Speech Therapy .......$ 120,000 $ 30,000

0

Maternity Care. ............$ 230,000 $ 230,000

0

Return of Runaways--County. .$

5,000 $

1,250

0

Homemaker Projects. ........$ 818,165 $

--0--

0

Undistributed. .............$ 206,517 $ 126,180

0

Total. ....................$ 10,102,245 $ 4,283,709

0

TUESDAY, JANUARY 29, 1980

535

10. 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 Authorized Motor Vehicles

51 9,270 14,510 16,270 --0-- 4,550 --0-- --0-- 23,870 16,500 2,500 --0-- --0-- --0--
597,470 --0-- --0--
597,470 25 0

11. Services to the Aged 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 ...............................$ Areawide and Community Grants. ..........$ Nutrition Grants ........................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted

769,480 22,540 47,630 --0-- 4,390 10,450 --0-- 48,770 25,240
6,760,420 --0-- 1,265
3,156,565 5,743,395 16,590,145
--0-- 15,321,918
1,268,227 41

Services to the Aged Functional Budgets

Total Funds

State Funds

Pos.

Title XX Adult Services. ......$ 5,321,316

$ 769,027

0

Administration and Planning ..$ 2,423,297

$ 227,268

41

Nutrition Grants. ...........$ 5,743,393

$ 265,000

0

Areawide Grants. ...........$ 3,156,566 $

--0--

0

Undistributed ..............$ (54,427) $ 6,932-

0

Total. ....................$ 16,590,145

$ 1,268,227

41

536

JOURNAL OF THE SENATE,

12. Vocational Rehabilitation-- Program Direction and Support Rudget:
Personal Services. .......................$ 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. ..........................$ Grantsfor Nephrology Centers .............$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,026,615 91,765 55,300 --0-- 22,840 42,680
384,400 --0--
27,375 474,470
--0-- 1,670 137,700 185,000 2,449,815 25,000 1,879,778 545,037
54

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 1,371,923

Grants Management. ........$ 1,077,698

Undistributed ..............$

194

Total. ....................$ 2,449,815

State Funds

Pos.

$ 135,134

40

$ 255,149

14

$ 154,754

0

$ 545,037

54

13. Vocational Rehabilitation-- 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 ..............$ Utilities. ..............................$ Postage ...............................$ Capital Outlay .........................$ Case Services. ..........................$ Total Funds Budgeted ....................$

2,269,800 145,195 18,180 6,500 300 900 --0-- 92,700 29,245 99,580
52,690 2,885 --0-- --0--
2,717,975

TUESDAY, JANUARY 29, 1980

537

Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 1,783,094
268,000 666,881
156 14

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds Program Direction and Support. ..$ 222,352 Atlanta Rehabilitation Center ....$ 1,375,467 Alto Rehabilitation Center. ......$ 230,290 Cave Spring
Rehabilitation Center. ........$ 265,477 Yarbrough Rehabilitation Center .$ 522,950 Georgia Vocational Adjustment
Center--Gracewood. .........$ 359,523 Undistributed ................$ (258,084) Total. ......................$ 2,717,975

State Funds $ 44,468 $ 329,681 $ 57,168

Pos. 12 65 12

$ 64,543

16

$ 170,794

27

$ 89,757

24

$ (89,530)

0

$ 666,881

156

14. 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 ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

3,820,940 794,230 17,195 --0-- 4,425 --0-- --0-- --0-- 96,740 354,845 336,020 6,000 --0-- --0--
5,430,395 100,000
3,585,974 1,744,421
322 13

Roosevelt Warm Springs Rehabilitation ServicesHospital Services Functional Budgets

Total Funds Program Direction and
Support .................$ 5,442,088

State Funds

Pos.

$ 735,896 311

538

JOURNAL OF THE SENATE,

Family Involvement

Project. .................$ 264,444

$

16,853

11

Undistributed ..............$ (276,137) $ 991,672

0

Total. ....................$ 5,430,395

$ 1,744,421 322

15. 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. ..............................$ Case Services. ..........................$ Total Funds Budgeted ...................$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,680,725 3,205,230
57,840 --0-- 3,215 9,800 --0--
16,000 16,970 61,670 58,475 4,100 225,000 5,339,025 4,943,789 395,236
42 13

Georgia Factory for the Blind Functional Budgets

Total Funds Operations ................$ 4,384,341 Supervision. ...............$ 294,867 Vocational Rehabilitation Unit. $ 111,165 Business Enterprise Vending
StandProject. ............$ 621,936 Undistributed ..............$ (73,284) Total. ....................$ 5,339,025

State Funds

Pos.

$

--0--

0

$ 294,867

19

$ 26,340

6

$ 124,388

17

$ (50,359)

0

$ 395,236

42

16. Vocational Rehabilitation--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 ...............................$

11,577,205 358,645 355,000 --0-- 10,200 --0-- --0-- 528,045 352,110 137,360 72,350 62,970

TUESDAY, JANUARY 29, 1980

539

Contract for Epilepsy ....................$ Case Services. ..........................$ Total Funds Budgeted ....................$ Indirect DO AS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

50,000 14,460,980 27,964,865
200,000 21,897,609
5,867,256 71 1 3

17. Roosevelt Wa rm 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. ..........................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,538,065 193,335 8,200 8,000 1,400 --0-- --0-- --0-- 44,645 428,370 159,250 4,000 85,000
2,470,265 2,200,985
269,280 108 13

18. 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

4,835,185 219,230 15,635 --0-- 46,555 132,000 -- 0-- 303,925 230,845 211,120 -- 0-- 94,000
3,298,460 9,386,955 9,386,955
--0-- 307

540

JOURNAL OF THE SENATE,

19. Public Assistance Budget:

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

--0--

Regular Operating Expenses ...............$

76,000

Travel ................................$

--0--

Motor Vehicle Equipment Purchases. ........$

--0--

Publications and Printing .................$

--0--

Equipment Purchases ....................$

--0--

Computer Charges ......................$

--0--

Real Estate Rentals ......................$

--0--

Per Diem, Fees and Contracts ..............$

--0--

SSI-Supplement Benefits ..................$

100

AFDC Benefits .........................$ 126,200,695

Total Funds Budgeted ....................$ 126,276,795

Agency Funds ..........................$ 84,002,831

State Funds Budgeted ....................$ 42,273,964

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ...........$

76,000

AFDC Payments. ..........$ 117,558,267

SSI--Supplement Benefits. ...$

176,000

Undistributed. ............$ 8,466,528

Total ...................$ 126,276,795

State Funds

Pos.

$

19,000

0

$39,383,664

0

$ 176,000

0

$ 2,695,300

0

$ 42,273,964

0

20. Local Services--Community Services and Benefits Payments Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .........................$ TitleXXFunds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- -0-- --0-- --0-- --0-- --0-- --0-- --0--
39,709,990
33,938,545 73,648,535 21,714,619 20,267,129 31,666,787
0

TUESDAY, JANUARY 29, 1980

541

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds Local Services--
Benefits Payments Grants ... $ 39,087,990 Grants to Counties
for Social Services .........$ 35,475,424 Undistributed ..............$ (914,879) Total. ....................$ 73,648,535

State Funds

Pos.

$ 19,543,995

0

$ 13,348,672

0

$ (1,225,880)

0

$ 31,666,787

0

21. 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. ..............................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

5,507,675 220,445 281,350 --0-- 389,230 --0--
1,342,000 297,360 234,455
3,045,130 8,525
210,500 11,536,670 6,153,275
662,000 880,990 3,840,405
315

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds Director's Off ice. ...........$ 559,756 Standards and Procedures. ....$ 410,898 Training. .................$ 712,517 Management Development... .$ 1,678,888 Administrative Support ......$ 2,706,927 Food Stamp ...............$ 2,425,919 District Program Operations. ..$ 2,171,632 Special Services ............$ 1,077,272 Eligibility Determination ....:$ 264,282 Undistributed. .............$ (471,421) Total: ....................$ 11,536,670

State Funds

Pos.

$ 202,911

12

$ 183,926

9

$ 122,454

13

$ 801,936

79

$ 709,201

19

$ 299,111

22

$ 1,030,984 101

$ 592,029

47

$ 124,154

12

$ (226,301)

1

$ 3,840,405 315

542

JOURNAL OF THE SENATE,

22. Family and Children Services-- District 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

473,225 20,495 28,305 --0-- --0-- --0-- --0-- 21,500 15,000 --0-- 4,000
562,525 165,082 126,450 270,993
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 ......................$ 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. ..............$ Benefits for Child Care ...................$

69,648,200 19,892,180 2,503,680
25,395 938,900 358,600 4,077,275 3,559,785 1,985,570 48,194,335 757,390 947,785
57,745
3,239,000 4,030,020
450,000 1,632,000
3,476,480 301,530 1 75,000 --0--
110,910
119,260 18,931,440
800,000
130,000 8,543,080

TUESDAY, JANUARY 29, 1980

543

Homemaker Meals ......................$

151,400

Chatham County Homemaker Project. .......$ 406,330

Douglas County Homemaker Project. ........$

94,700

Fulton County Homemaker Project. .........$ 230,735

Areawide and Community Grants. ..........$ 3,156,565

Nutrition Grants ........................$ 5,743,395

Grants for Nephrology Centers .............$ 185,000

Case Services. ......'....................I 18,207,140

SSI-Supplement Benefits ..................$

100

AFDC Benefits .........................$ 126,200,695

Local Services Benefits

Payments Grants ......................$ 39,709,990

Grants to Counties for Social Services ........$ 33,938,545

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ...................$

100,000

Institutional Repairs

and Maintenance ......................$ 708,080

Grant to Parent-Child Center ..............$

12,000

Contract with Emory University

For Arthritis Research ..................$ 170,000

Grant for Epilepsy Program ...............$

50,000

Grant to Grady Hospital for

Cystic Fibrosis Program. ................$

40,000

Grant to Teenage Pregnancy

Prevention Program. ...................$

250,000

Grant to Polk County

Day Care Center ......................$

20,000

Contract--Cancer Research

at Emory ............................$

50,000

Griffin Cystic Fibrosis Programs. ...........$

50,000

Total Positions Budgeted

4,234

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 pur pose.
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'/2% 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 Car diovascular Council Stroke-Screening Program.
Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening.

544

JOURNAL OF THE SENATE,

Provided that no State funds shall be used for adver tising 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 adver tising.

There is hereby appropriated $42,254,864 in State funds for the purpose of making AFDC benefit payments.

Provided that for Fiscal 1980, the following max imum 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
$106 161 193 227 260 282 305 324 341 365 390

Maximum Monthly Amount
$ 80 121 145 170 195 212 229 243 256 274 293

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 75% of the above standard of needs.
Provided, that of the above appropriation, $100,000 is designated and committed to operate the Rome Cerebral 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, 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 Pro grams, $3,239,000 is designated and committed for a Statewide program of pre-natal and post-natal care, in cluding all hospitals where such program or programs are providing or shall provide such care.

TUESDAY, JANUARY 29, 1980

545

Provided, that of the above appropriation relating to Physical Health-Family Health Activity, $40,000 is designated and committed for a grant toGrady Memorial Hospital in Atlanta for the purpose of operating a eystic f ibrosis program.
Provided, that grants of Federal Title V (Maternal and Child Health--A and B) funds above the amounts an ticipated in this appropriation shall be used to improve and expand Physical Health programs and not to sup plant State funds in this appropriation.
Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.
Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose.
Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds ap propriated herein shall be made from the date of cer tification and not from the date of application.
Provided, of the above appropriation relating to Special Programs, $200,000 is designated and committed for the Georgia Advocacy Program.
Provided further, the Department of Human Re sources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the pur pose of maintaining the grounds at the Roosevelt Warm Springs Hospital.
To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equipment, or purchase or reimburse tor the purchase of drugs and medical treat ment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or public ly funded program and are determined to need support from the State.

B. Budget Unit: State Health Planning and Development ....................$
State Health Planning and Development Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

376,400
644,515 34,485

546

JOURNAL OF THE SENATE,

Travel. ...............................$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage. ..............................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Persona] Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage. ............................/.$ Total Positions Budgeted Authorized Motor Vehicles
There is hereby appropriated $376,400 in State funds for this budget unit including such amounts as may be transferred from other sections of this Act for salary increases and health insurance.

41,425 6,000 9,000 15,000
43,800 24,000 191,950 12,000 1,022,175
--0-- 645,775 376,400
33 0
644,515 34,485 41,425 6,000 9,000 15,000 43,800 24,000 191,950 12,000 33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ..................$ 206,780,567

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

6,232,125 817,130 10,500 54,250 5,000 47,749 60,000 --0-- 78,000 210,144 234,000 8,320

TUESDAY, JANUARY 29, 1980

547

Authority Lease Rentals ..................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ Agency Funds..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

387,000 --0--
8,144,218 900,568 60,000
7,183,650 484 23

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 ..............$ Utilities. ..............................$ Postage. ..............................$ Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Funds Budgeted ....................$ Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

8,053,266 1,148,958
14,300 48,440
8,000 66,685 110,000
--0-- 97,000 127,125 300,000 10,000 475,603 513,000 10,972,377 819,413 93,000 10,059,964
620 25

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 ....................$ Agency Funds..........................$ Indirect DO AS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

6,369,402 648,548 11,800 38,400 1,100 24,475 100,000 --0-- 76,650 98,350 300,000 6,500 500,000 300,000
8,475,225 337,600 85,000
8,052,625 496 22

548

JOURNAL OF THE SENATE,

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 ..................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

5,837,177 744,880 12,900 --0-- 3,820 8,760 75,000 --0-- 68,000 41,825 275,000 10,700 646,500 --0--
7,724,562 58,965 75,000
7,590,597 447 25

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 ....................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

7,986,467 995,840 13,928 32,700 1,550 56,950 95,000 --0-- 77,000 40,075 783,000 6,700 --0-- 853,500
10,942,710 1,352,550 85,000 9,505,160 642 45

6. Gracewood State School and Hospital Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

21,651,001 2,468,990 10,700 25,000 6,500

TUESDAY, JANUARY 29, 1980

549

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

865,526 60,000 --0--
208,000 102,945 981,300
13,200 135,000 26,528,162 10,973,000 155,000 15,400,162
1,887 110

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. ....................$ PerDiern, Fees and Contracts ....-..........$ Utilities ...............................$ Postage ...............................$ Capital Outlay .........................$ State of Georgia General
Obligation Debt Sinking Fund. ...........$ Total Funds Budgeted ....................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

13,019,357 1,362,335 17,450 33,000 4,900 167,435 101,300 --0-- 1 15,900 165,530 724,600 14,000 552,000
1,400,000 17,677,807
1,856,666 90,000
15,731,141 1,136 53

8. Georgia Retardation 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. ..............................$ Postage ...............................$ Authority Lease Rentals ..................$ Capital Outlay .........................$

11,373,701 2,260,535
10,550 16,750 5,450 76,470 135,100
--0-- 127,300 80,060 728,300
7,700 794,000
--0--

550

JOURNAL OF THE SENATE,

Total Funds Budgeted . ...................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

15,615,916 6,336,300
100,000 9,179,616
901 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 ....................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

6,659,239 876,810 13,900 21,500 11,610 96,990 97,700 --0-- 156,260 527,695 867,000 11,900 450,000 113,685
9,904,289 311,923 193,000
9,399,366 494 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 ..................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

53,760,386 7,253,225 24,864 40,200 30,450 217,830 468,800 --0-- 420,000 231,170 3,285,200 42,500 786,000 250,000
66,810,625 12,995,851
589,000 53,225,774
4,305 216

TUESDAY, JANUARY 29, 1980

551

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 ......................I Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Postage. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

8,718,065 1,154,485
5,500 30,350
3,000 43,580
--0-- --0-- 87,245 1 14,800 612,315 18,220 15,265 10,802,825 331,640 10,471,185
71 1 103

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 .............................$ Total Funds Budgeted ....................$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

3,975,600 612,525 9,600 --0-- 2,000 8,080 --0-- -- 0-- 44,600 58,200 305,680 7,300 541,453
70,000 5,635,038
208,085 5,426,953
351. 32

13. Community Mental Health/ Mental Retardation Services Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

6,262,680 298,810 36,127 --0-- 6,095

552

JOURNAL OF THE SENATE,

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ......,.......$ Utilities. ...................... .......$ Postage. ..............................$ Drug Abuse Contracts. ...................$ Day Care Centers for the
Mentally Retarded .....................$ MR Day Care Center Motor
Vehicle Purchases .....................$ Developmental Disability
Service Chiefs ........................$ Group Homes for the
Mentally Retarded .....................$ Supportive Living Staff ...................$ Supportive Living Benefits ................$
Georgia State Foster Grandparent/Senior Companion Program ...................$
Community Residential Services Staff. .......$ Community Residential
Services. ............................$
Community Mental Health
Center Services .......................$
Project Rescue. .........................$
Project ARC ...........................$
Uniform Alcoholism Projects ..............$
Project Georgia .........................$
Capital Outlay .........................$
Total Funds Budgeted ....................$
Title XX Funds .........................$
Agency Funds ..........................$
State Funds Budgeted ....................$
Total Positions Budgeted
Authorized Motor Vehicles

15,840 --0--
61,200 23,451 281,480
7,080 1,150 1,287,824
33,148,851
759,600
493,592
2,687.61 2 290,582
1,414,000
374,360 771,882
1,100,000
41,796,896 2 10,347 80,000 306,710 50,000 150,000
91,916,169 21,256,410 31,826,950 38,832,809
425 799

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

Mental Health Community

Assistance. ..............$ 4,189,918

Outdoor Therapeutic-

Program ................$ 450,225

Mental Retardation

Community Assistance .....$ 1,254,378

Central Pharmacy ..........$

93,430

Metro Drug Abuse Centers ....$ 974,901

Developmental Disability

Service Chiefs ............$ 459,492

State Funds

Pos.

$ 4,110,918 238

$ 450,225

24

$ 1,254,378

69

$

93,430

3

$ 348,053

44

$ 459,492

0

TUESDAY, JANUARY 29, 1980

553

Day Care Centers for the Mentally Retarded. ........$ 33,093,927
Supportive Living. ..........$ 1,644,582 Group Homes for the
Mentally Retarded. ........$ 2,612,194 Georgia State Foster
Grandparent/Senior Companion Program. ......$ 337,000 Community Residential Services. ................$ 1,854,382 Project Rescue .............$ 210,347 Drug Abuse Contracts. .......$ 1,287,824 Project ARC ...............$ 80,000 Community Mental Health Center Services ...........$ 41,763,536 Uniform Alcoholism Projects ..$ 306,710 Undistributed. .............$ 1,303,323 Total. ....................$ 91,916,169

$ 11,986,317

0

$ 1,644,582

0

$ 2,612,194

()

$ 337,000

()

$ 1,454,382

0

$ 61,547

0

$ 230,993

0

$ 80,000

0

$ 12,075,036

0

$ 306,710

0

$ 1,291,552

47

$ 38,832,809 425

14. Community Youth 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. ..............................$ Child Care Benefits . .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

5,405,885 247,350 262,685 7,000 3,950 7,925 --0-- 226,200 140,690 --0-- 27,050 15,830 12,000
6,356,565 6,356,565
386 19

Community Youth Services Functional Budgets

Total Funds Group Homes ..............$ 399,557 Community Detention .......$ 225,494 Day Centers ...............$ 428,899 Community Treatment Centers. $ 1,419,357 Court Services. .............$ 3,616,421 Runaway Apprehension ......$ 268,845 Interstate Compact. .........$ 55,520 Undistributed ..............$ (57,528) Total. ....................$ 6,356,565

State Funds

Pos.

$ 399,557

26

$ 225,494

9

$ 428,899

24

$ 1,419,357

88

$ 3,616,421

220

$ 268,845

16

$ 55,520

3

$ (57,528)

0

$ 6,356,565 386

554

JOURNAL OF THE SENATE,

15. Regular Operating Expense Reserve:

Regular Operating Expense. ...............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

365,000 365,000 365,000

Budget Unit Object Classes:

Personal Services. .......................$ 165,304,351

Regular Operating Expenses . ..............$ 21,255,421

Travel ................................$

454,804

Motor Vehicle Equipment Purchases. ........$

347,590

Publications and Printing .................$

93,425

Equipment Purchases ....................$ 1,704,295

Computer Charges ......................$ 1,302,900

Real Estate Rentals ......................$

287,400

Telecommunications. ....................$ 1,720,096

Per Diem, Fees and Contracts ..............$ 2,079,399

Utilities ...............................$ 9,430,525

Postage ...............................$

174,020

Capital Outlay .........................$ 2,533,006

State of Georgia General

Obligation Debt Sinking Fund. ...........$ 1,400,000

Authority Lease Rentals ..................$ 4,930,000

Grants to County-Owned

Detention Centers .....................$

70,000

Drug Abuse Contracts. ...................$ 1,287,824

Day Care Centers for the

Mentally Retarded. ....................$ 33,148,851

MR Day Care Center Motor

Vehicle Purchases .....................$

759,600

Developmental Disability

Services Chiefs. .....'..................$

493,592

Group Homes for the

Mentally Retarded. ....................$ 2,687,612

Supportive Living Staff ...................$

290,582

Supportive Living Benefits ................$ 1,414,000

Georgia State Foster

Grandparent/Senior

Companion Program ...................$

374,360

Community Residential

Services Staff .........................$

771,882

Community Residential Services ............$ 1,100,000

Community Mental Health

Center Services .......................$ 41,796,896

Project Rescue. .........................$

210,347

Project ARC ...........................$

80,000

Uniform Alcoholism Projects ..............$

306,710

Project Georgia .........................$

50,000

Child Care Benefits ......................$

12,000

Total Positions Budgeted

13,285

Authorized Motor Vehicles

1,526

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, ex-

TUESDAY, JANUARY 29, 1980

555

eluding federal grants where prohibited, shall be expend ed first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day col lections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program.
Provided, that of the above appropriation relating to Mental Health/Mental Retardation institutions, those in stitutions which have State-owned homes and apartments on their grounds shall charge $15 per month per bedroom for utilities. Collections from said charges shall be used for the installation of electric and natural gas meters wherever applicable. Upon installation of necessary meters, the residences shall be charged the in stitution rate for utility consumption.
Provided, that of the above appropriation relating to Day Training Centers for the Mentally Retarded, the Department is authorized to contract with two additional centers provided that funding is available within the limits of the current appropriation.
Provided, that of the above appropriation relating to Community Residential Services Benefits, the Depart ment is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collections to reduce the State cost of the program.
Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and donations, as well as proceeds of local fund raising ac tivities, shall not be required to be budgeted to the Department or to the Office of Planning and Budget.
Provided further, the Department of Human Re sources is authorized to increase the number of positions budgeted for the "Right-to-Treatment" program to meet court orders, provided such increase shall not cause ex penditures to exceed the funds provided for this program.
Provided, that of the above appropriation relating to Capital Outlay, $250,000 is designated and committed to renovate portions of the Powell Building at Central State Hospital to meet minimum fire marshal safety re quirements and provide for other improvements in bathing and sleeping areas.
Provided that the Department is given the flexibility in the Community Residential Services Program to use benefits to contract with private home providers for ser vice or to provide (through local Health Departments) small group living situations for clients; and further pro-

556

JOURNAL OF THE SENATE,

vided that these residential services are available to clients residing in the community as well as those return ing to their communities from the institution.
Provided further, it is the intent of this General Assembly, the site selection of the group homes con templated in this appropriation shall be on the basis of need.
Provided, that of the above appropriation relating to Capital Outlay, $135,000 is designated and committed for the planning and design of a 100 bed patient facility at Gracewood State School and Hospital.
Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for the construction of a MR Training Center at Sandersville, Georgia.
Provided, that of the above appropriation relating to Capital Outlay, $50,000 is designated and committed for the construction of a female component of Starr House at Rome, Georgia.

Section 28. Department of Industry and Trade.

A. Budget Unit: Department of Industry and Trade ...........................$ 12,280,864

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

489,826 8,600
31,000 --0-- 6,500 1,200 --0-- --0-- --0-- 1,500
538,626 538,626
23

2. Research Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$

255,832 5,500 2,500 --0--
35,600 --0--

TUESDAY, JANUARY 29, 1980

557

Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
3. Tourism -- Promotional 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 ..............$ Historic Chattahoochee
Commission Contract ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
4. Tourist -- Welcome 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 ..............$ Capital Outlay ........................ . $ Local Welcome Centers. ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
5. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$

3,200 -- 0-- --0-- 17,300 319,932 319,932
15
482,122 68,500 42,000 --0--
225,000 2,050
25,000 --0-- --0--
113,370
35,000 993,042 993,042
29
904,973 230,200
32,800 --0-- --0--
21,550 --0-- --0-- 6,918
47,762 36,000 85,230 1,365,433 1,365,433
92
468,181 208,225
18,000 16,000 45,000
1,000 5,000 156,000 109,248 15,000

558

JOURNAL OF THE SENATE,

Postage ...............................$ Georgia Ports Authority --
Authority Lease Rentals. ................$ Georgia Ports Authority --
General Obligation Bond Payments. ...........................$ Georgia World Congress Center-- Operations. ..........................$ Georgia World Congress Center -- Expansion Study Contract ...............$ State of Georgia General Obligation Debt Sinking Fund-- World Congress Center .................$ State of Georgia General Obligation Debt Sinking Fund-- Georgia Ports Authority. ................$ Total Funds Budgeted. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted
6. International Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges .............,........$ Real Estate Rentals ......................$ Telecommunncations ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ..........,.........$ Total Positions Budgeted
7. Advertising Budget:
Advertising ............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
Budget Unit Object Classes:

202,000
2,692,500
500,000
460,000
50,000
1,000,000
2,500,000 8,446,154 7,156,154
25
189,077 36,200 35,000
--0-- 22,000
1,000 18,000 34,900 15,000 208,500 559,677 559,677
9
1,348,000 1,348,000 1,348,000
0

Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$

2,790,011 557,225 161,300 16,000 334,100 26,800 51,200 190,900 131,166 403,432

TUESDAY, JANUARY 29, 1980

559

Postage ...............................$ Capital Outlay .........................$ Local Welcome Center Contracts ...........$ Advertising ............................$ Georgia Ports Authority --
Authority Lease Rentals .................$ Georgia Ports Authority --
General Obligation Bond Payments. ...........................$ Georgia World Congress Center-- Operations. ..........................$ Georgia World Congress Center -- Expansion Study Contract ...............$ Historic Chattahoochee Commission Contract ..................$ State of Georgia General Obligation Debt Sinking FundWorld Congress Center .................$ State of Georgia General Obligation Debt Sinking Fund-- Georgia Ports Authority. ................$ Total Positions Budgeted Authorized Motor Vehicles

202,000 36,000 85,230
1,348,000 2,692,500
500,000 460,000
50,000 35,000
1,000,000
2,500,000 193 21

For general administrative cost of operating the Department of Industry and Trade, including advertising expense.

B. Budget Unit: Authorities ..................$

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 ..............$ Expansion Study Contract. ................$ Repayment of F.Y. 1979 Capital
Outlay Appropriation ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,169,636 900,427 15,000 --0-- 14,000 40,000 900 --0-- 37,500 150,000 50,000
50,000 3,427,463
--0-- 1 16

2. Georgia Ports Authority Budget:
Personal Services. .......................$ Regular Operating Expenses
and Computer Charges .................$ Travel ................................$

16,595,408
6,377,347 279,643

560

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay ....................$
Publications and Printing .................$ Repayments for State General
Obligations Bonds and Authority Lease Rental Obligations .....'...........$ Per Diem, Fees and Contracts ..............$ Other Debt-Service Payments ..............$ Total Funds Budgeted'. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

6,208,718 57,595
1,290,000 348,803
1,003,664 32,161,178
--0-- 772

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 ..............$ Expansion Study Contract. .............. $ Repayment of F.Y. 1979 Capital
Outlay Appropriation ..................$ 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 Authorized Motor Vehicles

18,765,044 890,427 294,643 --0-- 71,595 40,000 900 --0-- 37,500 498,803 50,000
50,000
6,377,347
6,208,718
1,290,000 1,003,664
888 36

It is the intent of this General Assembly that to the ex tent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, 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.

It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remit tance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repayments to

TUESDAY, JANUARY 29, 1980
begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.
Section 29. Department of Labor.
A. Budget Unit: Inspection Division. ...........$
Inspection Division Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

561
574,470
470,194 8,996
78,000 --0-- 3,500 200 --0-- 7,591 4,989 1,000
574,470 574,470
27

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

470,194 8,996
78,000 --0-- 3,500 200 --0-- 7,59 1 4,989 1,000 27

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training. ..............$

2,528,390

1. Basic Employment Security and W.I.N. Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$

30,521,794 2,71 1,383 765,000 --0-- 21,000 1,015,000

562

JOURNAL OF THE SENATE,

Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ W.I.N. Grants. .........................$ Capital Outlay .........................$ Total Funds Budgeted. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

814,000 1,599,345
776,000 3,494,750 1,000,000
--0-- 42,718,272
1,277,402 1,632

2. Comprehensive Employment and Training Act (CETA) Budget:

Persona] Services. .......................$ 8,769,386

Regular Operating Expenses ...............$ 2,068,106

Travel ................................$

390,000

Motor Vehicle Equipment Purchases. ........$

--0 --

Publications and Printing .................$

1 5,000

Equipment Purchases ........."...........$

150,000

Computer Charges ......................$

220,000

Real Estate Rentals ......................$

338,000

Telecommunications. ....................$

220,000

Per Diem, Fees and Contracts (CETA) ........$

500,000

CETA Direct Benefits ....................$ 100,000,000

Total Funds Budgeted ....................$ 1 12,670,492

State Funds Budgeted ....................$

--0--

Total Positions Budgeted

450

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

1,11 9,562 30,692 25,000 --0-- 500 500 475 35,793 13,466 25.000
1.250,988 1,250,988
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. ....................$

40,410,742 4,810,181 1,180,000 --0-- 36,500 1,165.500 1.034,475 1,973,138 1,009,466

TUESDAY, JANUARY 29, 1980

563

Per Diem, Fees and Contracts (CETA) ........$

500,000

Per Diem, Fees and Contracts ..............$ 3,519,750

W.I.N. Grants ..........................$ 1,000,000

CETA Direct Benefits ....................$ 100,000,000

Capital Outlay .........................$

--0--

Total Positions Budgeted

2,144

Authorized Motor Vehicles

0

Section 30. Department of Law.

Budget Unit: Department of Law. ............$ 3,330,545

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 ....................$ Total Positions Budgeted

2,794,896 163,536 75,000 --0-- 30,000 11,500 295 42,000 274,454 66,064 30,000
--0-- 3,487,745 3,330,545
113

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 Authorized Motor Vehicles

2,794,896 163,536 75,000 --0-- 30,000 11,500 295 274,454 66,064 30,000 42,000 --0-- 113 1

For the cost of operating the Department of Law pro vided that the compensation of all Assistant Attorneys 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 agen-

564

JOURNAL OF THE SENATE,

cy is authorized to expend tunds appropriated or other wise available from any souree for the support and maintenance of the respeetive ageney 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 designated and committed for Court Reporter Fees.

Section 31. Department of Medical Assistance.

Budget Unit: Medicaid Services ...............$ 153,717,441

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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

425,515 34,045 30,000 --0-- 1,400 700 --0-- 29,086 12,000 53,870 2,400
589,0 Hi 206,03 1
20

2. 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 ..............$ Postage ...............................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

849,724 79,703 8,000 --0-- 24,000 8,420 --0-- 90,679 35,994 192,000 24,000
1,312,520 592,970 57

3. Program Management Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$

867,1 78 65,993 11.120

TUESDAY, JANUARY 29, 1980

565

Motor Vehicle Equipment Purchases. ........$
Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$
Per Diem, Fees and Contracts ..............$
Postage ...............................$ Audits Contracts ........................$ Contract with Georgia Medical
Care Foundation ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

32,150 9,365 --0--
42,882 42,000 84,520 15,000 566,000
1,329,000 3,065,208 1,351,804
52

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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,761,834
135,733 37,000
--0-- 12,300
14,196 5,802,000
115,754 123,280
--0-- 675,700 8,677,797 1,000,000 6,399,161 1,278,636
139

5. Benefits Payments Budget:

Medicaid Benefits .......................$ 471,232,000

Payments to Counties

for Mental Health .....................$ 5,500,000

Adult Emergency Dental Services ...........$ 2,500,000

Total Funds Budgeted ....................$ 479,232,000

State Funds Budgeted ....................$ 1 50,228,000

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

3,904,251 315,474 86,120 --0-- 69,850 32,681
5,802,000 278,401

566

JOURNAL OF THE SENATE,

Telecommunications. ....................$ 213,274

Per Diem, Fees and Contracts ..............$ 330,390

Postage. ..............................$ 717,100

Medicaid Benefits .......................$ 471,232,000

Payments to Counties for

Mental Health ........................$ 5,500,000

Adult Emergency Dental Services ...........$ 2,500,000

Audits Contracts ........................$ 566,000

Contract with Georgia

Medical Care Foundation ...............$ 1,329,000

Total Positions Budgeted

268

Authorized 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.

Provided, however, the Department is authorized and directed to retain all prior years' benefit appropria tions in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse.

Section 32. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .........$

3,613,991

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

614,730 15,690 10,270 --0-- 41,500 4,191
437,856 --0--
13,040 17,618 67,200 1,222,095 1,219,237
41

2. Classification and Compensation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

344,285 3,981

TUESDAY, JANUARY 29, 1980

567

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. Program Evaluation and 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 ....................$ Agency Assessments .....................$ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$

3,700 --0-- 7,470
810 140,952
--0-- 5,000 7,000 2,200 515,398 509,967
20
241,750 4,880 1,200 --0-- 1,000 14,750
208,597 --0-- 4,200 --0-- 950
477,327 468,426
14
331,964 15,920 15,025 --0-- 9,870 1,200 25,661 --0-- 5,390 90,000 2,500
497,530 430,395
19
335,939 10,366 3,500 --0--

568

JOURNAL OF THE SENATE,

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 ....'....................I Total Positions Budgeted

6,800 1,812 114,418 22,455 25,228 2,430,692 22,000 2,973,210
--0--
2,973,210 22

6. Health Insurance Claims 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...............................$ 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-- 75,470,000 75,470,000 --0-- 75,470,000
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 ......................$ 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

480,042 9,825 1,600 --0-- 5,600 2,025
47,379 --0-- 6,553 2,700 4,500
335,385 895,609 435,523
79,985 33

8. Commissioner's Off ice Budget: Personal Services. .......................$

332,336

TUESDAY, JANUARY 29, 1980

569

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

15,013 7,100 --0-- 16,695 2,400 --0-- 166,923 5,912 34,605 3,350 584,334 550,443
15

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 Authorized Motor Vehicles

2,681,046 75,675 42,395 --0-- 88,935 27,188
974,863 189,378 65,323 2,582,615 102,700
335,385 75,470,000
164 0

Provided, that it is the intent of this General Assembly that the employee rate paid by the State tor Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligi ble salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 33. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ..$ 45,877,784

1. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

1,659,791 179,095 25,249 4,975 203,491 7,800 152,900 132,123

570

JOURNAL OF THE SENATE,

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage. ..............................$ Capital Outlay--Heritage Trust ............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

68,000 42,500 89,132 2,425,000 4,990,056 4,990,056
92

2. Game and Fish 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 ...............................$ Capital Outlay -- Hatchery
Renovation'. .........................$ Capital Outlay -- Repairs
and Maintenance ......................$ Capital Outlay .........................$ Grants to Local Governments ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,973,196 2,443,366
91,625 808,232
30,500 417,302
37,562 40,021 170,893 104,990 59,416
7,000
179,767 33,900 110,000 12,507,770 10,478,059
449

3. Parks, Recreation and Historic Sites 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 ...............................$ Capital Outlay .........................$ Capital Outlay--Repairs and Maintenance .... $ Capital Outlay--Shop Stock ...............$ Cost of Material for Resale ................$ Authority Lease Rentals ..................$ Land and Water Conservation Grants. .......$ Recreation Grants .......................$ YACC and YCC Grants. ..................$. Contract -- Special Olympics, Inc. ..........$ Georgia Sports Hall of Fame ...............$

6,597,199 3,004,093
112,937 169,500 126,000 201,866 50,430 103,452 197,253 210,000 50,550 765,000 782,000 200,000 629,304 2,533,000 8,873,000 290,000 100,000 93,000 70,000

TUESDAY, JANUARY 29, 1980

571

Total Funds Budgeted . ...................$ 25,158,584

State Funds Budgeted ....................$ 12,423,107

Total Positions Budgeted

393

4. Environmental 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 ..............$ Postage. ..............................$ Solid Waste Grants ......................$ Water and Sewer Grants ..................$ Contract with U.S. Geological
Survey for Ground Water Resources Survey ......................$ Topographic Mapping U.S. Geological Survey .....................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

6,776,095 544,186 281,500 53,345 79,200 95,600 204,780 368,486 144,363
1,063,849 35,992
2,500,000 6,000,000
198,855
125,000 18,471,251 15,053,552
335

5. 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

97,103 13,440 8,000
--0-- 2,500 2,255 --0-- 6,000 2,000 78,000 209,298 209,298
5

6. Coastal Resources Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$

630,440 162,443
19,732 17,115 29,800 14,294 11,420
--0-- 24,612

572

JOURNAL OF THE" SENATE,

Per Diem, Fees and Contracts ..............$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
7. 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
8. 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
9. Stone Mountain Memorial Association Budget:
Payments to Stone Mountain Memorial Association ..................$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

17,300 9,705 10,000 946,861 734,382
27
448,722
1,540,608 1,989,330 1,989,330
0
--0-- --0-- --0-- --0--
0
--0-- --0-- -- 0--
0

Budget Unit Object Classes:

Personal Services. .......................$ 23,733,824

Regular Operating Expenses ...............$ 6,346,623

Travel ................................$

539,043

Motor Vehicle Equipment Purchases. ........$ 1,053,167

Publications and Printing .................$

471,491

Equipment Purchases ....................$

739,117

Computer Charges ......................$

457,092

Real Estate Rentals ......................$

650,082

Telecommunications. ....................$

607,121

Per Diem, Fees and Contracts ..............$ 1,516,639

Postage .'..............................$' 244,795

Land and Water Conservation Grants ........$ 8,873,000

Recreation Grants. ......................$

290,000

TUESDAY, JANUARY 29, 1980

573

Young Adult Conservation Corps and 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 .........$
Contract--Special Olympics, Inc. ...........$
Payment to Stone Mountain
Memorial Association ..................$
Grants to Local Governments ..............$
Georgia Sports Hall of Fame ...............$
Total Positions Budgeted
Authorized Motor Vehicles

100,000 6,000,000 2,500,000
198,855
125,000 7,000
808,900
961,767 200,000 2,425,000 2,533,000 629,304
448,722
1,540,608
--0--
--0-- 93,000
--0-- 110,000
70,000 1,301 985

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 Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Nat ural 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, $93,000 is designated and committed for matching a minimum of $93,000 from other sources for the Georgia Special Olympics Program.

Provided, however, that $ 1,000,000 of the above ap propriation for Water and Sewer Grants shall be avail-

574

JOURNAL OF THE SENATE,

able for allotment for counties and municipalities having reached legally established bond capacity, and that $5,000,000 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 official approval thereof by the Board of Natural Resources.
Provided, that of the above appropriation, $30,000 in State funds is designated and committed for the man dated Hunter Safety program as provided for in Georgia Law 1484 of 1978. It is the intent of this General Assembly that federal funds available for this program shall be utilized to the maximum extent possible.
B. Budget Unit: Authorities. ................................$
1. Lake Lanier Islands 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 ..............$ Capital Outlay .........................$ Campground Sinking Fund ................$ Promotion Expenses .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 .....................$

--0--
915,379 359,222
3,500 5,845 27,640 21,060 --0-- --0-- 15,000 27,240 1,699,768 7,195 --0-- 3,081,849 --0--
54
2,124,197 1,077,600
8,000 25,200 25,000 28,842
6,000 7,490 22,800 50,000 --0-- 46,000 --0--

TUESDAY, JANUARY 29, 1980

575

Total Funds Budgeted . ...................$ Total Positions Budgeted
Budget Unit Objeet 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 ......................$ Campground Sinking Fund . ...............$ Mortgage Payments .....................$ Total Positions Budgeted Authorized Motor Vehicles
It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Invest ment Commission.

3,421,129 220
3,039,576 1,436,822
11,500 31,045 52,640 49,902
6,000 7,490 37,800 77,240 1,745,768 --0-- 7,195 --0--
275 91

Section 34. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation ........................$ 88,518,134

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

3,528,149 204,733 83,500 --0-- --0-- 13,562 370,127 213,000 135,000 350,350 --0--
4,898,421 4,898,421
21 1

2. Georgia Training and Development Center Budget:
Personal Services. .......................$

1,003,765

576

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 ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
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 Position Budgeted
5. Georgia Diagnostic and Classification Center Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

100,320 1,000 --0-- --0--
10,800 --0-- --0--
10,600 18,600 84,800 1,229,885 1,229,885
68
3,547,21 1 432,340 6,400 --0-- --0-- 40,000 --0-- 35 33,000 6,192 325,000
4,390,1 78 4,390,1 78
260
958,830 67,546 4,000 --0-- --0-- 20,000 --0-- -0-- 4,000 --0-- --0--
1,054,376 833,890 51
3,786,964 462,758

TUESDAY, JANUARY 29, 1980

577

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

2,300 --0-- --0-- 36,000 --0-- --0-- 35,000 12,100 300,000 4,635,122 4,635,122
288

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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities ...............................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,883,337 952,530 6,500 --0-- --0-- 88,205 --0-- --0-- 54,000 44,000 825,000 759,000
10,612,572 10,587,572
611

7. Consolidated Branches 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

3,616,150 427,096 6,000 --0-- --0-- 50,000 --0-- 22,200 46,200 80,000 280,000
4,527,646 4,247,646
269

8. Lee Correctional Institution Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$

1,210,541 147,841 2,000 --0-- --0-- 12,000

578

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
9. 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. ..............................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted
10. Walker 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
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. ....................$

--0-- -- 0-- 9,500 8,700 135,000 1,525,582 1,525,582
110
870,558 125,450
1,600 --0-- --0-- 3,370 --0-- --0-- 14,500 13,600 89,000 30,000 1,148,078 1,132,078
61
860,698 129,716
2,400 --0-- --0-- 6,600 --0-- --0-- 16,100 10,500 93,000 1,119,014 1,109,014
64
1,528,084 175,577 2,000 --0-- --0-- 2,000 --0-- 1,320 14,400

TUESDAY, JANUARY 29, 1980

579

Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted
12. 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
13. 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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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. ....................$

6,240 165,000 1,894,621 1,894,621
120
1,779,981 187,422 2,000 --0-- --0-- 4,000 --0-- --0-- 12,000 17,400 180,000
2,182,803 2,182,803
136
2,764,717 288,800 2,000 --0-- --0-- 21,060 --0-- 660 32,000 12,000 --0--
250,000 3,370,437 3,370,437
215
1,654,337 203,876 2,000 --0-- --0-- 5,000 --0-- --0-- 12,500

580

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Total Funds Budgeted . ...................$ State Funds Budgeted ..............:.....$ Total Positions Budgeted
15. Washington 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 ...............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
16. Metro 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 ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
17. Savannah Community Correctional Center Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

9,900 144,000 2,031,613 2,031,613
132
1,599,468 161,359 2,000 --0-- --0-- 9,500 --0-- --0-- 23,000 15,000 --0--
112,000 1,922,327 1,922,327
120
15,000 189,695
-0-- 99,000
--0-- 543,470
--0-- --0-- --0-- --0-- --0-- 396,500 1,243,665 1,243,665
6
--0-- 224,070
--0-- 66,900
--0-- 187,065
--0-- --0--

TUESDAY, JANUARY 29, 1980

581

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- -- 0-- 212,500 690,535 690,535
0

18. Central Institutional Administration 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 ................... . $ State Funds Budgeted ....................$ Total Positions Budgeted

370,960 26,725 20,000 --0-- -- 0-- --0-- --0-- 4,200 16,500 --0-- --0--
438,385 438,385
17

19. 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 ............................$ Inmate Release Funds ....................$ County Subsidy .........................$ County Subsidy for Jails ..................$ Outside Health Service Purchases ...........$ Central Repair Fund .....................$ Payments to Talmadge
Memorial Hospital. ....................$ Payments to Central State
Hospital for Medical Services. ............$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

33,822 88,918 20,000 495,300 125,000 420,719
--0-- --0-- --0-- 104,870 --0-- 840,000 30,000 350,000 420,000 4,667,500 372,500 612,000 500,000
1,004,000
1,300,000 6,593,747 17,978,376 17,978,376
0

582

JOURNAL OF THE SENATE,

20. 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
21. D.O.T. Work Details 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
22. Food Processing and Distribution 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 ..........................$ Payments to Central State
Hospital for Meals . ....................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

328,064 64,459 44,700
--0-- --0-- 4,425 --0-- 25,200 7,250 --0-- 8,700 482,798 303,546
23
372,019 8,632 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
380,651 --0-- 26
1,458,503 3,004,310
3,200 --0-- --0-- 210,000 --0-- --0-- 5,000 --0-- --0-- 560,000
1,200,313
25,000 6,466,326 6,045,082
131

TUESDAY, JANUARY 29, 1980

583

23. 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

427,270 2,234,249
--0-- --0-- --0-- 102,530 --0-- --0-- --0-- 6,000 --0-- --0-- 2,770,049 2,745,049
28

24. 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

8,002,104 216,320 278,400 204,000 --0-- 72,925 --0-- 176,500 150,800 --0-- 6,000
9,107,049 9,107,049
556

25. 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. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,347,162 133,895 8,500 --0-- --0-- 7,280 --0-- 240,000 22,000 19,700 154,000 20,000
1,952,537 1,952,537
103

584

JOURNAL OF THE SENATE,

26. 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

1,698,057 155,112 15,000 --0-- --0-- 14,475 --0-- 230,000 33,200 13,200 106,600
2,265,644 2,013,144
133

27. Andromeda 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

214,100 59,156 2,950 --0-- --0-- --0-- --0-- 29,000 3,800 9,900 20,650
339,556 169,577
16

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

50,859,851 10,472,105
518,450 865,200 125,000 1,884,986 370,127 942,115 690,350 758,252 2,916,750
1,200,313
387,000 30,000
350,000 420,000

TUESDAY, JANUARY 29, 1980

585

County Subsidy. ........................$ County Subsidy for Jails ..................$ Outside Health Service Purchases ...........$ Payments toTalmadge
Memorial Hospital. ....................$ Central Repair Fund .....................$ Payments to Central State
Hospital for Medical Services. ............$ Authority Lease Rentals ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

4,667,500 372,500 612,000
1,004,000 500,000
1,300,000 840,000
8,571,747 3,755 460

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 correc tional 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.

It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county.

B. Budget Unit: Board of Pardons and Paroles. .............................$
Board of Pardons and Paroles Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ County Subsidy for Parolees ...............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

3,596,316
3,135,958 77,277 174,000 --0-- 12,600 29,337 --0-- 82,971 68,120 22,190 18,250
3,620,703 3,596,316
205

586

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 ..............$ County Subsidy for Parolees .......,.......$ Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Georgia Correctional Industries. ...........................$
Georgia Correctional Industries 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 ..............$ Cost of Sales ...........................$ Repayment of Prior Year's Appropriations .... $ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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 Authorized Motor Vehicles

3,135,958 77,277 174,000 --0-- 12,600 29,337 --0-- 82,971 68,120 22,190 18,250 205 2
--0--
1,103,788 485,650 27,000 27,500 13,450 450,000 2,400 19,000 34,000 25,400
6,800,000 40,000
418,512 9,446,700
--0-- 66
1,103,788 485,650 27,000 27,500 13,450 450,000 2,400 19,000 34,000 25,400
6,800,000 40,000
418,512 66 16

TUESDAY, JANUARY 29, 1980

587

Section 35. Department of Public Safety.

Budget Unit: Department of Public Safety ..............................$
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 ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

38,403,089
' 299,260 17,181 17,000 --0-- 6;150 1,950 11,000 27,805 12,415 --0-- 4,500
397,261 105,000
16

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

159,566 34,212
755 20,736
7,150 1,612 --0-- --0-- 23,762 2,000
93 249,886 239,886
8

3. Administrative 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 ..............$ Postage...............................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

540,864 61,168
4,712 13,824 23,207
1,168 255,522
--0-- 18,467
1,225 --0-- 920,157 250,245 654,912
38

588

JOURNAL OF THE SENATE,

4. Driver 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 ...............................$

Conviction Reports ......................$

Capital Outlay .........................$

Total Funds Budgeted . ...................$

Indirect DOAS Services Funding. ...........$

State Funds Budgeted ....................$

Total Positions Budgeted

2,454,156 116,003 6,116 435,456 721,077 7,470
1,630,426 2,880
55,675 10,556 288,000 170,000
--0-- 5,897,815 1,249,755 4,642,060
157

5. Personnel and Training 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 ....................$ StateFunds Budgeted ....................$ Total Positions Budgeted

569,059 66,897 49,629 158,976 5,000 5,846 --0-- --0-- 24,582 70,000 186
950,175 858,175
35

6. Fiscal 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ StateFunds Budgeted ....................$ Total Positions Budgeted

738,612 634,394
2,150 34,560 64,119
3,566 21,958
--0-- 29,812
2,770 108,000 1,639,941 1,639,941
49

TUESDAY, JANUARY 29, 1980

589

7. Field 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 ..............$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

20,250,434 3,146,422 64,671 2,867,680 1,447 454,706 --0-- 5,214 520,466 8,449 24,625 30,500
27,374,614 27,269,172
1,061

8. Georgia Peace Oflicers Standards and Training 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

466,315 1,721,585
25,700 --0--
20,658 --0--
54,583 32,262 15,520 58,980
3,000 2,398,603 2,077,756
24

9. 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

349,180 124,064
5,000 --0-- 9,000 18,200 --0-- --0-- 8,345 146,015 1,500 661,304 411,304
16

10. Fire Academy: Personal Services. .......................$

189,811

590

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 ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

32,497 10,500 37,075 2,500 42,481
--0-- 16,582 4,776 70,000 3,000 409,222 386,022
12

11. Georgia Firefighter Standards and Training 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 .......... . . .'. $ Postage...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

83,513 5,800 8,300 --0-- 3,500 11,000 --0-- 1,500 1,648 3,000 600
118,861 118,861
4

12. Organized Crime Prevention 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 ..............$ Postage...............................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

75,405 8,261 2,665 10,600 1,700 200 --0-- 4,379 2,544 2,400 --0--
108,154 --0-- 3

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$

26,176,175 5,968,484 197,198 3,578,907

TUESDAY, JANUARY 29, 1980

591

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ................,...$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Conviction Reports ......................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

865,508 548,199 1,973,489
90,622 718,012 375,395 433,504 170,000
30,500 1,423 1,019

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 As sociation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provin cial Police).
Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.
Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed 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.
It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the develop ment of said specifications shall be submitted to the Pur chasing Division of the Administrative Services by November 1 of each year. Provided, further, the Depart ment of Administrative Services is hereby instructed to complete said specifications and place to bid for the let ting of contracts by December 1 of such fiscal year.
Provided, that of the appropriation above for new vehicles ten (10) are to be for the purpose of pursuit driver training.

592

JOURNAL OF THE SENATE,

Section 36. 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 37. Public Service Commission.

Budget Unit: Public Service Commission. .........................$ 2,824,146

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

616,498 15,126 11,500 --0-- 1,000 800 --0-- 60,000 26,650 1,800
733,374 733,374
25

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

764,739 103,213 31,500 40,600
3,450 2,840 8,000 34,150 18,400 2,000 1,008,892 1,008,892
45

TUESDAY, JANUARY 29, 1980

593

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
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 Authorized Motor Vehicles
Provided that of the above appropriation, $13,825 is designated and committed for an emergency wire regis tration system for truckers.

847,845 41,574 61,000 --0-- 2,950 800 --0-- 39,211 34,500 129,000
1,156,880 1,081,880
49
2,229,082 159,913 104,000 40,600 7,400 4,440 8,000 133,361 79,550 132,800 119 26

Section 38. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions. ........$ 405,044,914
1. Resident Instruction Budget:
Personal Services: Educ., Gen., andDept. Svcs. .............$ 304,059,946 Sponsored Operations ..................$ 47,607,167
Operating Expenses: Educ., Gen., and Dept. Svcs. .............$ 74,743,552 Sponsored Operations ..................$ 37,570,149
Teachers' Retirement ....................$ 29,836,989 Authority Lease Rentals ..................$ 20,858,000 Capital Outlay .........................$ 19,116,084 Total Funds Budgeted . ...................$ 533,791,887

594

JOURNAL OF THE SENATE,

Less Agency Funds:

Departmental Income ....................$ 9,132,632

Sponsored Income. ......................$ 85,177,316

Other Funds ...........................$ 81,401,449

Auxiliary Income .......................$ 2,774,000

Capital Outlay .........................$ 4,076,084

Indirect Communication Charges ...........$ 3,027,300

State Funds Budgeted ....................$ 348,203,106

Total Positions Budgeted

15,989

Provided, that from appropriated funds in A, the amount of $20,858,000 in F.Y. 1980 is designated and committed to guarantee payment of lease rental contracts 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 appor tionment 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 com mitments 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 Government, or from any other source, shall be available for use or expen diture for educational and general or plant purposes until made available by written approval of the Office of Plan ning 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

TUESDAY, JANUARY 29, 1980

595

$2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees 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, $4,000,000 is specifically appro priated for renovations and improvements of physical plant facilities.
Provided, further, it is the intent of this General As sembly that the 1 Vi % Personal Services continuation fac tor incorporated into the Resident Instruction appro priation in this Appropriations Act be utilized to provide 2 '/2% merit-type increases.
2. Marine Resources Extension Center Budget:
Personal Services: Education General and Departmental Services ..................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services. .................$ Sponsored Operations ..................$
Total Funds Budgeted . ...................$
Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

424,583 --0--
209,626 2,972
637,181
--0-- 2,972 Ill ,904 9,800 512,505
21

3. Skidaway Institute of Oceanography Budget:
Personal Services: Education General and Departmental Services ..................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services. .................$ Sponsored Operations ..................$ Capital Outlay. .......................$
Total Funds Budgeted ....................$
Less Agency Funds: Departmental Income ....................$

576,958 606,000
468,406 528,692 277,500 2,457,556
50,000

596

JOURNAL OF THE SENATE,

Sponsored Income. ......................$ Other Funds...........................$ Capital Outlay .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

1,134,692 250,000 247,500 --0-- 775,364 33

4. Marine Institute Budget:
Personal Services: Education General and Departmental Services. .................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services. .................$ Sponsored Operations ..................$
Total Funds Budgeted ....................$

254,546 391,473
137,944 210,793 994,756

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 602,266
10,000 --0--
382,490 17

5. Engineering Experiment Station Budget:
Personal Services: Education General and Departmental Services. .................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services. .................$ Sponsored Operations ..................$
Total Funds Budgeted . ...................$

6,075,077 11,500,000
5,572,136 8,200,000 31,347,213

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 19,700,000 7,843,993
117,600 3,685,620
273

6. Engineering Extension Division Budget:
Personal Services: Education General and Departmental Services ................$ Sponsored Operations ..................$

770,478 35,000

TUESDAY, JANUARY 29, 1980

597

Operating Expenses: Education General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay Advanced Technology Development Center ........$
Total Funds Budgeted . ...................$

400,757 15,000
500,000 1,721,235

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 50,000 714,160 12,200 944,875
44

7. Agricultural Experiment Station Budget:
Personal Services: Education General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay. .......................$
Total Funds Budgeted . ...................$

12,821,859 1,200,000
5,740,761 1,300,000
43,000 21,105,620

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 2,500,000 4,629,361
95,900 13,880,359
805

8. Cooperative Extension Service Budget:
Personal Services: Education General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay--Rock Eagle 4-H Camp .....................$
Total Funds Budgeted ....................$

15,594,557 3,383,181
2,648,568 1,166,000
600,000 23,392,306

Less Agency Funds: Departmental Income ....................$

--0--

598

JOURNAL OF THE SENATE,

Sponsored Income .......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

4,549,181 4,690,000
126,700 14,026,425
911

9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Education General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay--ETMH Renovations ........................$
Total Funds Budgeted ....................$

29,711,319 1,778,460
14,632,220 581,445
2,000,000 48,703,444

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Board of Corrections .....................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

891,319 2,359,905 22,986,986 1,104,000
193,500 21,167,734
2,585

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Education General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education General and Departmental Services ................$ Sponsored Operations ..................$
Total Funds Budgeted ....................$

863,064 --0--
603,372 --0--
1,466,436

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- 1,466,436
33

Budget Unit Object Classes:
Personal Services: Education General and Departmental Services ................$ 371,152,387

TUESDAY, JANUARY 29, 1980

599

Sponsored Operations ..................$ 66,501,281

Operating Expenses:

Education General and

Departmental Services ................$ 105,157,342

Sponsored Operations ..................$ 49,575,051

Teachers' Retirement ....................$ 29,836,989

Authority Lease Rentals ..................$ 20,858,000

Capital Outlay .........................$ 19,436,584

Capital Outlay--Rock Eagle

4-H Camp ...........................$ 600,000

Capital Outlay--ETMH

Renovations. .........................$ 2,000,000

Capital Outlay--Advanced

Technology Center. ....................$ 500,000

Total Positions Budgeted

20,711

B. Budget Unit: Regents Central Off ice .........$
1. Regents Central Office Budget:
Personal Services. .......................$ Operating Expenses. .....................$ SREB Payments. ........................$ Medical Scholarships ....................$ Regents Opportunity Grants ...............$ Regents Scholarships. ....................$ Grants to Junior Colleges. .................$ Special Desegregation Programs ............$ Satellite Medical Facility
Program ............................$ Office of Minority
Business Enterprise ....................$ Agricultural Research ....................$ Rental Payments to Georgia
Military College. ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

14,152,396
2,099,532 602,596
2,463,000 448,000 500,000 200,000
5,692,200 250,000
500,000
100,000 60,000
90,000 13,005,328 13,005,328
98

2. Family Practice Residency Program Budget:
Personal Services. .......................$ Operating Expenses. .....................$ Capitation Contracts for
Family Practice Residency. ..............$ New Program Development Contracts
for Family Practice Residency ............$ Student Preceptorships ...................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

80,908 82,560
750,000
133,600 100,000 1,147,068 1,147,068
3

Budget Unit Object Classes: Personal Services. .......................$ 2,180,440

600

JOURNAL OF THE SENATE,

Operating Expenses. .....................$ SREB Payments. ........................$ Medical Scholarships ....................$ Regents Opportunity Grants ...............$ Regents Scholarships. ....................$ Grants to Junior Colleges. .................$ Special Desegregation Programs ............$ Satellite Medical Facility
Program ............................$ Office of Minority-
Business Enterprise ....................$ Agricultural Research ....................$ Rental Payments to Georgia
Military College. ......................$ Capitation Contracts for
Family Practice Residency. ..............$ New Program Development Contracts
for Family Practice Residency ............$ Student Preceptorships ...................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $716 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, $100,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.

685,156 2,463,000
448,000 500,000 200,000 5,692,200 250,000
500,000
100,000 60,000
90,000
750,000
133,600 100,000
101 0

Section 39. Department of Revenue.
Budget Unit: Department of Revenue ...........$
1. Executive Administration Budget:
Personal Services. .......................$ County Tax Officials/Retirement
and FICA............................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage...............................$ Total Funds Budgeted ....................$

25,311,724
760,809
500,000 67,439 14,000 --0-- 20,000 30,200 6,000 --0-- 18,676 4,500 100
1,421,724

TUESDAY, JANUARY 29, 1980

601

Indirect Georgia Building Authority Rents .......................$
State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 1,421,724
31

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 DO AS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

3,496,419 194,660 5,000 --0-- 120,000 10,300
1,736,465 --0--
54,744 --0--
742,000 304,900
--0-- 6,664,488 1,000,000 5,664,488
259

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $742,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 857,400 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 .........................$

937,843 31,583 69,500 --0-- 67,000 4,700
300,000 --0--
19,361 78,000
--0--

602

JOURNAL OF THE SENATE,

Grants to Counties/Appraisal Staff. ...............................$
Intangible Tax Equalization Fund. ....................$
Postage. ..............................$ Total Funds Budgeted ....................$ Repayment of Loans to
Counties/Property Revaluation ...........$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangi ble Tax Equalization Fund provided for in an Act ap proved April 17, 1973 (Ga. Laws 1973, p. 924), to be ad ministered by the State Revenue Commissioner as provid ed therein.

1,450,000
--0-- 12,000 2,969,987
--0-- 250,000 2,719,987
61

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 ..............$ Postage ...............................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
5. Motor Fuel Taxation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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

1,136,175 19,442 3,200 --0-- 58,000 1,700
446,936 --0--
24,666 --0--
70,000 1,760,119
305,000 1,455,119
82
509,368 7,918 2,500 --0--
30,000 1,800
209,171 --0--
11,548 --0-- --0--
772,305 100,000 672,305
37

TUESDAY, JANUARY 29, 1980

603

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
7. Alcohol and Tobacco Taxation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle EquipmentPurchases. ........$ 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
July 1,1979 Total Positions Budgeted
June 30, 1980
8. 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

1,772,740 74,550 3,200 --0-- 180,000 7,950
1,575,450 --0--
35,470 --0--
180,000 3,829,360 1,500,000 2,329,360
119
--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
0
0
1,822,191 10,225
306,000 --0-- 2,200 2,000 2,208 9,975
13,448 --0-- 100
2,168,347 2,168,347
78

604

JOURNAL OF THE SENATE,

9. Field Audit 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 ....................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

5,505,061 236,628 277,000 --0-- 32,000 8,225 95,000 128,800 184,558 --0-- 37,700
6,504,972 100,000
6,404,972
319

10. 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

814,220 97,160 1,000 --0--
244,000 2,700
70,600 757,986
12,756 --0--
975,000 2,975,422 2,475,422
70

Budget Unit Object Classes:

Personal Services. .......................$ County Tax Officials/Retirement
and FICA. ...........................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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 .............$

16,754,826
500,000 739,605 681,400
--0-- 753,200
69,575 4,441,830
896,761 375,227
82,500
--0--
1,450,000 742,000 304,900

TUESDAY, JANUARY 29, 1980

605

Intangible Tax Equalization Fund. ..........$ Postage ...............................$ Total Positions Budgeted
July 1,1979
Total Positions Budgeted June 30, 1980
Authorized Motor Vehicles

--0-- 1,274,900
1,091
1,056 111

Section 40. Secretary of State.
A. Budget Unit: Secretary of State ..............$
1. Occupational Certification Budget:
Personal Services. .............,.........$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

9,693,344
1,893,130 714,313 85,350 10,300 116,415 17,259 242,234 196,520 53,110 328,608
3,657,239 3,657,239
125

Occupational Certification Functional Budgets

State Funds

Accounting. ...............$ 143,764

Architect .................$ 42,620

Athletic Trainers. ...........$

2,271

Auctioneers. ...............$

4,485

Barbers. ..................$ 87,333

Chiropractic. ..............$

4,135

Cosmetology. ..............$ 251,439

Dentistry. .................$ 112,990

Electrical Contractor ........$ 58,012

Engineers .................$ 195,610

Forestry ..................$

3,215

Funeral Service. ............$ 62,574

Geology ..................$ 10,980

HearingAid ...............$

3,885

Landscape Architect. ........$

6,421

Librarians. ................$

920

Marriage and Family

Counselors. ..............$

6,660

Medical Examiners. .........$ 444,974

Cost of

Operations

Pos.

$ 196,400

2

$ 61,070

1

$

4,202

0

$

13,053

0

$ 112,346

5

$

14,222

0

$ 324,907

14

$ 163,961

3

$ 76,491

3

$ 269,606

6

$

14,558

0

$ 83,267

3

$

18,568

0

$

15,223

0

$

17,640

0

$

4,128

0

$ 22,283

0

$ 621,871

14

606

JOURNAL OF THE SENATE,

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 ..............$ Recreation ................$ Sanitarian. ................$ Speech Pathology ...........$ Used Car Dealers ...........$ Used Car Parts .............$ Veterinary ................$ Warm Air and Heating
Contractors. .............$ Wastewater ...............$ Well Water............. ...$ Administration .............$ Investigative. ..............$ Total. ....................$

14,312 368,024
7,074 5,945 3,615 23,163 73,427 13,135 27,220 2,885 1,685 89;087 96,459 8,885 2,285 2,699 4,249 43,199 3,920 14,060
19,435 11 ,660 3,985 953,078 421,465 3,657,239

$ 23,645

0

$ 491,135

13

$ 24,309

0

$ 17,658

0

$ 10,464

0

$ 31,710

1

$ 174,225

3

$ 27,990

0

$ 35,210

1

$

6,296

0

$ 14,877

0

$ 130,567

3

$ 200,284

7

$ 32,381

0

$

7,748

0

$

8,112

0

$ 21,556

0

$ 142,685

2

$ 60,672

0

$ 27,829

0

$ 34,630

0

$ 25,943

0

$ 10,498

0

$

26

$

18

$ 3,594,220 125

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

317,670 17,554 13,000 5,300 2,500 1,100 -- 0-- 16,120 6,360 -- 0--
379,604 379,604
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. ............... .....$

353,160 48,088 1,000 -020,400 2,500 41,100 48,741 15,000

TUESDAY, JANUARY 29, 1980
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

607
15,000 544,989 544,989
27
339,235 33,220 25,000 --0-- 300 --0-- --0-- 5,393 5,000 --0--
408,148 408,148
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

1,338,655 139,639 23,000 --0-- 17,000 31,491 --0-- 25,918 34,783 9,500
1,238,000 2,857,986 2,837,986
84

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

605,002 41,876 2,000 --0-- 115,000 5,485 --0-- 5,674 15,000 4,000
794,037 794,037
38

608

JOURNAL OF THE SENATE,

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
8. 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
9. 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
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$

512,340 83,310 4,900 1,100 100,000 20,962 6,250 32,778 12,250 1,000
774,890 774,890
30
59,957 8,850 4,000 --0-- 10,000 906 --0-- 5,235 2,915 10,000
101,863 101,863
3
161,774 20,214
4,000 --0-- 5,000 --0-- --0-- --0-- 3,600 --0-- 194,588 194,588
10
5,580,923 1,107,064
162,250 16,700

TUESDAY, JANUARY 29, 1980

609

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ................,.....$ Real Estate Rentals ..........'......,.....$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Authority Lease Rentals ..................$ Total Positions Budgeted Authorized Motor Vehicles

385,615 79,703
289,584 336,379 148,018 368,108 1,238,000
348 61

B. Budget Unit: Real Estate Commission ........$
Real Estate 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

723,026
353,759 152,357
10,920 5,000 37,000 6,090 28,000 25,400 13,050 91,450 723,026 723,026
24

Real Estate Commission Functional Budget

State Funds Real Estate Commission ......$ 723,026

Cost of

Operations

Pos.

$ 781,314

24

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 Authorized Motor Vehicles

353,759 152,357
10,920 5,000 37,000 6,090 28,000 25,400 13,050 91,450
24 9

Section 41. State Scholarship Commission.

Budget Unit: State Scholarship Commission. .........................$ 13,445,000

610

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

1,033,698 80,000 21,000 --0-- 25,000 13,695 1 18,608 68,157 28,000 108,213
1,496,371 --0-- 64

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

570,000 570,000 505,000
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

2,455,000 8,619,100
3,364,872
123,700 14,562,672 12,908,000
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships ................$
Total Funds Budgeted ...................'.$ State Funds Budgeted ....................$ Total Positions Budgeted

32,000 32,000 32,000
0

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$

1,033,698 80,000 21,000 --0-- 25,000 13,695 118,608

TUESDAY, JANUARY 29, 1980

611

Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Payment of Interest and Fees. ..............$ Direct Guaranteed Loans .................$ Tuition Equalization Grants. ..............$ State Student Incentive
Scholarships ......................,..$ Law Enforcement Personnel
Dependents Scholarships ................$ North Georgia College
ROTC Grants ........................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to ex ceed $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 tor 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 fur ther, 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 amend ed, to wit: (a) an amount not less than $1,435,000 is designated 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 pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $50,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amend ed; (c) an amount not to exceed $260,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $30,000 is desig nated and committed for the purpose of providing cancellable loans to students who are to become agri cultural teachers.
Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as

68,157 28,000 108,213 570,000 2,455,000 8,619,100
3,364,872
32,000
123,700 64 1

612

JOURNAL OF THE SENATE,

may be necessary shall be used to pay an interest subsidy discount of 1.5% to lenders, other than educational in stitution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed dur ing fiscal year 1979-1980.
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 pay ments to lenders within thirty days after the end of each calendar quarter.
Provided that, the above appropriated amount rel ative to Tuition Equalization Grants provides for pay ment of grants of $600 per academic year to under graduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and con templates continuation of payment of the grant during the 1980 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 provided by applicable State and Federal law, provided, however, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institu tions of higher .education, nor to students for summer period study in other post-secondary educational institu tions unless summer period study is part of the typical academic year of such institution.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $32,000 is designated and committed solely for the purpose of providing scholarships to children of law entorcement officers, firemen, and prison guards per manently disabled or killed in the line of duty, as pro vided by law.
Provided, that with approval of the Governor, the Higher Education Assistance Corporation is authorized to budget and use agency funds for the purpose of acquir ing office facilities.

Section 42. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee. ..................$

653,045

TUESDAY, JANUARY 29, 1980
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
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
3. Resources Conservation Act Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Real Estate Rentals ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services. ....'...................$ Regular Operating Expenses ...............$ Travel ........,.......................$

613
283,259 31,560 34,400 --0-- 14,450 3,000 --0-- 12,511 8,500 124,300
511,980 511,980
12
92,1 70 11,250 8,500
--0-- 2,600 3,937 2,000 3,500 2,500 14,608 141,065 141,065
5
45,538 4,659 1,130 --0--
20,325 --0-- --0-- 1,4371,600 1,432
76,121 --0-- 0
420,967 47,469 44,030

614

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 Positions Budgeted Authorized Motor Vehicles

--0-- 37,375
7,337 2,000 17,443 12,437 140,508
17 2

Section 43. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System ..............................$
Departmental Operations Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Floor Fund for Local
Retirement Systems ....................$ Employer Contributions ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

9,880,285
1,019,000 80,424 19,500 9,000 24,000 7,375
279,840 72,196 27,000 103,200
950,000 8,930,285 11,521,820 9,880,285
60

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 ..............$ Floor Fund for Local
Retirement Systems ....................$ Employer Contributions ..................$ Total Positions Budgeted Authorized Motor Vehicles

1,019,000 80,424 19,500 9,000 24,000 7,375
279,840 72,196 27,000 103,200
950,000 8,930,285
60 1

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 Ses sion of the Georgia General Assembly.

TUESDAY, JANUARY 29, 1980

615

Section 44. Department of Transportation.
Budget Unit: Department of Transportation .......................$
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 ..............$ Capital Outlay .........................$ State of Georgia General
Obligation Debt Sinking Fund ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
2. Maintenance and Betterments 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 .........................$ State of Georgia General
Obligation Debt Sinking Fund ............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
3. Authorities Budget:
Authority Lease Rentals ................. .$ State of Georgia General
Obligation Debt Sinking Fund. ...........$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$
4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases. ........$

341,034,553
57,860,521 3,636,389 1,364,600 --0-- 200,000 97,100 --0-- 31,650 657,671 2,606,069
285,286,425
--0-- 35 1,740,425 138,008,090
3,186
45,079,787 26,371,194
231,850 --0-- 8,000 --0-- --0-- --0--
85,752 891,300 68,000,000
--0-- 140,667,883 137,206,526
3,725
25,174,101
3,735,425 28,909,526 28,909,526
965,658

616

JOURNAL OF THE SENATE,

Equipment Purchases ....................$
Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

2,053,000
303,014 3,321,672 3,246,672

5. Assistance to Counties Budget:
Grants to Counties ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

9,317,013 9,31 7,013 9,31 7,013

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

6,401,944 1,866,155
102,262 --0--
190,850 --0--
1,220,000 718,348 160,722 145,000
10,805,281 10,805,281
321

Appropriation ot State funds in the foregoing Depart ment of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsection (b) ot the State Constitution, and shall be in an amount at least equal to all money derived from motor tuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediate ly preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers ot the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection ot motor fuel tax received by the Fiscal Division of the Department of Ad ministrative Services in the immediately preceding fiscal year and enter the full amount so determined on the rec ords 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 Pay ments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.

TUESDAY, JANUARY 29, 1980

617

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of construc tion, 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 provided all expenditures for county contracts shall be in ac cordance with and on the basis ot average prices autho rized by law. Provided, however, that tunds shall be allocated to matching all Federal aid funds prior to the allocation of any funds tor other works, and the Depart ment of Transportation max add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution ot 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 Ad ministrative Services and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and tor appropriations to the "State of Georgia General Obligation Debt Sinking Fund" tor the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
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 Divi sion of the Department ol 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 in formation is furnished by the Department of Transporta tion.
Provided, further, that a member of the governing authority of the county, designated by such authority.

618

JOURNAL OF THE SENATE,

shall submit to the State Auditor a copy of its regular an nual audit not later than six months alter the end of the fiscal year tor 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 Section 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 pur pose and amounts as shown below:

Planning and Construction Geodetic Control ......................$ 283,521.00
Capital OutlayInterstate Rehabilitation ................$ 14,000,000.00
Capital Outlay--Appalachian
Highway ............................$ 5,800,000.00
Capital Outlay--Paving State and Local
Schools and State Institutions. ............$ 750,000.00
Georgia Road Improvement Program ........$ 10,000,000.00
Paving State Parks and Historic Sites .........................$ 300,000.00
Railroad Grade Separation ................$ 165,000.00 Maintenance and Betterments
Capital Outlay--Rehabilitation and Improvements Off-System ...............$ 28,000,000.00
Capital Outlay--Rehabilitation On-System ...........................$ 4,366,059.01

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

9,31 7,000 9,31 7,000 9,31 7,000

For grants to municipalities for Capital Outlay in ac cordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Ad ministrative Services. At the ^request of the Governor or

TUESDAY, JANUARY 29, 1980

619

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 deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipali ty in any future year.
Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

8. Air Transportation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ..........-..........$ State Funds Budgeted ....................$ Total Positions Budgeted
9. Inter-Modal Transfer Facilities Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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
10. Harbor Maintenance Budget:
Harbor Maintenance Payments. ............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

410,222 282,244
1 1,500 --0-- 200
131,000 --0-- 1 3,800 500
839,467 534,538
17
449,346 20,932 27,000 --0-- 23,000 1,800 --0-- --()-- 16,491
256,838
650,000
1,000,000 348,500
2,793,907 2,739,907
24
950,000 950,000 950,000

620

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 ..............$ Capital Outlav .........................$ Mass Transit Grants .....................$ Grants to Municipalities ..................$ Harbor Maintenance Payments. ............$ Grants to Counties ....'..................$ Authority Lease Rentals ..................$
Capital Outlay--Airport Development .........................$
State of Georgia General Obligation Debt Sinking Fund ............$
Capital Outlay--Airport Operational Improvements ..............$
Total Positions Budgeted Authorized Motor Vehicles

110,201,820 32,176,914
1,737,212 965,658 422,050
2,282,900 1,220,000
749,999 924,436 3,899,707 353,589,439 - 348,500 9,317,000 950,000 9,317,013 25,174,101
650,000
3,735,425
1,000,000 7,273 4,750

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and 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 proj ect when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provid ed, further, that the Department of Transportation 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 $850,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance at Savannah.

TUESDAY, JANUARY 29, 1980

621

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 increased Personal Services costs contemplated in this Act, subject only to approval by the Office ot Planning and Budget.
Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Assistant be reassigned to pay grade 28.
Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Associate be reassigned to pay grade 30.
Provided, that of the above appropriation relative to the Inter-Modal Transfer Facilities budget, $25,000 is designated and committed for a rail relocation engineer ing study for Augusta and Richmond County.

Section 45. Department of Veterans Services.
Budget Unit: Department of Veterans Service. .............................$
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 Authorized Motor Vehicles
2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay .........................$ Equipment Purchases ....................$ Regular Operating Expenses
for Projects ..........................$ Operating Expenses/Payments to
Central State Hospital ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

8,567,079
2,466,371 1 10,640 74,495 --0-- 18,000 5,000 400 1 16,591 55,889 7,000 3,966
2,858,352 2,559,430
168 1
31,800 65,230
79,000
5,31 1,563 5,487,593 4,285,383

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3. Veterans Nursing Home-- Augusta Budget:
Capital Outlay .........................$ Equipment Purchases ....................$ Regular Operating Expenses
for Projects ..........................$ Operating Expense/Payments to
Medical College of Georgia ..............$ Total Funds Budgeted ....................$ State Funds 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 ..............$ Capital Outlay .........................$ Grants to Confederate Widows .............$ Operating Expense/Payments to
Central State Hospital ..................'$ Operating Expense/Payments to
Medical College of Georgia ..............$ Regular Operating Expenses
for Projects ..........................$ Total Positions Budgeted Authorized Motor Vehicles
Section 46. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board. ..............................$
1. Workers'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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

13,000 6,100
82,900
2,292,766 2,394,766 1,722,266
2,466,371 110,640 74,495 --0-- 18,000 76,330 400 116,591 55,889 7,000 44,800 3,966
5,311,563
2,292,766
161,900 168 1
3,023,044
2,240,820 68,601 38,000 4,000 33,700 13,000 97.700 199,588 70,000 51,690 36,000
2,853,099 2,850,099
121

TUESDAY, JANUARY 29, 1980

623

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

164,733 1,412 6,000 --0-- 300 500 --0-- -- 0-- --0--
172,945 172,945
10

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 ...............................$ Total Positions Budgeted Authorized Motor Vehicles

2,405,553 70,013 44,000 4,000 34,000 13,500 97,700 199,588 70,000 5 1,690 36,000 131 1

Section 47. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund ...............................$

36,272,828

Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1980 there is hereby appropriated $1,985,355 for the purpose ot providing funds for the operation of regional farmers' markets in the Department of Agriculture. Provided, further, the Of fice of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Services as a result of regional farmers' markets activities.
Section 49. It is the intent of this General Assembly that to the greatest extent feasible, 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 1980 and thereafter.

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Section 50. The Federal General Revenue Sharing contemplated in this Act shall be applied to the ap propriations of the Department of Education and Regents, University System of Georgia for the line item "Teacher Retirement". The proportion of such Federal Funds to be allocated to the Department of Education and Regents, University System of Georgia shall be deter mined by the Office of Planning and Budget.

Section 51. It is the intent of this General Assembly 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
business.

Section 52. It is the intent of this General Assembly 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 extent necessary to maintain the effective matching ratio ex perienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent 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 Appropria tions Committees of the Senate and House of Representa tives of the instances of noncompliance with the stated in tent of this Section.

Section 53. It is the intent of this General Assembly that each agency for which an appropriation is authoriz ed herein shall maintain financial records in such a fashion as to enable the State Auditor to readily deter mine by Object Class the expenditures of each activity contained in this Appropriations Act.

TUESDAY, JANUARY 29, 1980

625

Section 54. 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.

Section 55. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.

Section 56. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network, either directly or indirect-
ly.

Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provi sion, as amended, or appropriated for the fiscal year beginning July 1, 1978, and for each and every fiscal year thereafter, until all payments required under lease con tracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution in volved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums 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.

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Section 58. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report sub mitted to the General Assembly at the 1979 regular ses sion, and the amended Budget Report submitted to the General Assembly at the 1980 regular session except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1980, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to con sider 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 Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall bo submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 59. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1980 submitted to the General Assembly at the 1979 regular session and the amended Budget Report submit ted to the General Assembly at the 1980 regular session.
Section 60. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and

TUESDAY, JANUARY 29, 1980

627

(2) The number of authorized motor vehicles in dicated for each budget unit shall include leased vehicles and State-owned vehicles, and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
Section 61. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the ac tual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Plan ning and Budget, shall cease to be an obligation of the State.
Section 62. TOTAL APPROPRIATIONS
F.Y. 1980 .............................. $ 2,861,141,422.
Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 64. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 2. This Act shall become effective upon its approval by the Gover nor 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 Scott of the 43rd offered.the following amendment:
Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by striking lines 16 through 19 on Page 59 and inserting in lieu thereof the following:
"Provided that of the above appropriation for Area Vocational Technical Construction, $350,000 is hereby designated and committed for the planning and design of a facility in Gwinnett County ($ 175,000) and a facility in DeKalb County ($ 175,000)."
On the adoption of the amendment offered by Senator Scott of the 43rd, Senator Scott of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Bell Brantley Coverdell Evans Horton

Howard Hudgins Langford Littlefield Scott

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bond Brown of 47th Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster
Gillis
Greene Hill Holloway Hudson Johnson Kennedy Kidd Land Lester McGill Overbv

Those not voting were Senators:
Broun of 46th (presiding) Bryant Thompson

Stephens Stumbaugh Tysinger
Paulk Reynolds Riley Robinson Russell Starr Summers Sutton Tate Timmons Turner Walker Wessels

On the adoption of the amendment, the yeas were 13, nays 39, and the amendment offered by Senator Scott of the 43rd was lost.

Senator Timmons of the 1 1th ottered the following amendment:

Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by adding the following language to Section 27C, Page 120:
"Provided that of the above appropriation relating to M R Day Care Center Motor Vehicle Purchases, the Department of Administrative Ser vices is hereby directed to proceed with haste in securing bids for the above motor vehicles, complying with standards as set forth by the Department of Human Resources."

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment offered by Senator Timmons of the 11 th was adopted.

TUESDAY, JANUARY 29, 1980

629

Senator Bell of the 5th offered the following amendment:

Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Depart ment of Education Budget Unit on Page 40, line 12 in Section 19 the figure $67,732,055. And by decreasing the object classes for the Local Programs Activity as listed below:
Page 44, line 28 and Page 51, line 12, Cash Grants for Capital Outlay $65,441,220; Page 47, line 15 and Page 50, line 13, Public Library Construction $2,290,835; Page 47, line 29, Total Funds Budgeted $67,732,055; Page 47, line 30, State Funds Budgeted $67,732,055.

On the adoption of the amendment offered by Senator Bell of the 5th, Senator Broun of the 46th, who was presiding at the direction of the President, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Reynolds

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

Those voting in the negative were Senators:

Dean Greene Hill

Holloway Hudson Paulk

Robinson Thompson

Not voting was Senator Broun (presiding).
On the adoption of the amendment, the yeas were 46, nays 8, and the amendment offered by Senator Bell of the 5th was adopted.

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Senator Bell of the 5th offered the following amendment:

Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Resident Instruction and University System Institutions Budget Unit on Page 177, line 18 in Section 38 the figure $10,000,000. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 117, line 28 and Page 184, line 26, Capital Outlay $10,000,000; Page 117, line 29, Total Funds Budgeted $10,000,000; Page 118, line 4, State Funds Budgeted $ 10,000,000.

On the adoption of the amendment offered by Senator Bell of the 5th, Senator Broun of the 46th, who was presiding at the direction of the President, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

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

Not voting was Senator Broun (presiding).

On the adoption of the amendment, the yeas were 54, nays 0, and the amendment offered by Senator Bell of the 5th was adopted.
Senator Bell of the 5th offered the following amendment:
Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by adding to Section 52 the following:

TUESDAY, JANUARY 29, 1980

631

"It is the intent of this General Assembly that an unappropriated surplus of at least $110,000,000 be left unappropriated for Fiscal Year 1980, in order that sufficient funds will be available to implement the following salary increases:
1.) An increase of 11.5% on the index salary schedule for teachers,
2.) An increase of 11.5% for school bus drivers,
3.) An increase of 1 1.5% for employees of the University System, and
4.) An increase of 11.5% for state employees. And, to implement legislation authorizing the calculation of teachers' retirement benefits on the basis of the two highest salary years."

On the adoption of the amendment offered by Senator Bell of the 5th, Senator Broun of the 46th, who was presiding at the direction of the President, ordered a roll call, and the vote was as follow:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb
Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy
Kidd Land Langford Lester Littlefield McGill Overby

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

Not voting was Senator Broun (presiding).
On the adoption of the amendment, the yeas were 54, nays 0, and the amendment offered by Senator Bell of the 5th was adopted.

Senator Hudgins of the 15th offered the following amendment:
Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Depart-

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JOURNAL OF THE SENATE,

ment of Natural Resources Rudget Unit on Page 141, line 4 in Section 33-A the figure $200,000. And by decreasing the object classes for the Game and Fish Activity as listed below:
Page 141, line 26 and Page 145, line 24, Motor Vehicle Equipment Purchases $200,000; Page 142, line 7, Total Funds Budgeted $200,000; Page 142, line 8, State Funds Budgeted $200,000.

On the adoption of the amendment offered by Senator Hudgins of the 15th, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes
Bell
Bond Evans

Hudgins Johnson Kidd Land

Scott Stumbaugh Thompson

Those voting in the negative were Senators:

Allgood Ballard Barker Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Starr Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:
Broun (presiding) Littlefield Stephens

On the adoption of the amendment, the yeas were 11, nays 41, and the amendment offered by Senator Hudgins of the 15th was lost.

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

TUESDAY, JANUARY 29, 1980

633

Senators Evans of the 37th and Stephens of the 36th offered the following amend ment:

Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Com munity Mental Health/Mental Retardation, Youth Services, and Institutions Budget Unit on Page 106, line 17 in Section 27 the figure $346,000. And by decreasing the object classes for the Regional Youth Development Centers Activity as listed below:
Page 114, line 5 and Page 118, line 1, Capital Outlay ($346,000); Page 114, line 8, Total Funds Budgeted ($346,000); Page'l 14, line 10, State Funds Budgeted ($346,000);
and
by adding to the State funds budgeted for the Departmental Operations Budget Unit on Page 77, line 4 in Section 27 the figure $346,000. And by in creasing the object classes for the Physical Health--Family Health Activity as listed below:
Page 82, line 28 and Page 101, line 5, Grants for Regional Prenatal and Postnatal Care Programs $346,000; Page 83, line 15, Total Funds Budgeted $346,000; Page 83, line 18, State Funds Budgeted $346,000.

On the adoption of the amendment offered by Senators Evans of the 37th and Stephens of the 36th, 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:

Barnes Bond Brantley Coverdell Evans Fincher of 54th

Howard Hudson Johnson Robinson Scott Stephens

Stumbaugh Sutton Tate Thompson Tysinger

Those voting in the negative were Senators:

Allgood Ballard Barker
Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English

Fincher of 52nd Fost er Gillis
Greene Hill Horton Hudgins Kennedy Kidd Langford Lester

McGill Overby Paulk
Reynolds Riley Starr Summers Timmons Turner Walker Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Holloway (presiding)

Land Littlefield

Russell

On the adoption of the amendment, the yeas were 17, nays 33, and the amendment offered by Senators Evans of the 37th and Stephens of the 36th was lost.

Senator Broun of the 46th resumed the chair.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by striking on Page 7, lines 19 through 24.

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment offered by Senator Barnes of the 33rd was adopted.

Senator Bell of the 5th moved that the Senate reconsider its action in adopting the following amendment offered by Senator Bell of the 5th:
Amend the substitute to HB 1203 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Resident Instruction and University System Institutions Budget Unit on Page 177, line 18 in Section 38 the figure $10,000,000. And by decreasing the object classes for the Resident Instruction Activity as listed below:
Page 117, line 28 and Page 184, line 26, Capital Outlay $10,000,000; Page 117, line 29, Total Funds Budgeted $10,000,000; Page 118, line 4, State Funds Budgeted $ 10,000,000.

On the motion, the yeas were 43, nays 1, and the amendment offered by Senator Bell of the 5th was reconsidered.

The President resumed the Chair.

Senator Bell of the 5th offered the following amendment:
Amend the amendment offered by Senator Bell of the 5th to the substitute to HB 1203 offered by the Senate Committee on Appropriations by striking the figure "117" wherever it appears and inserting in lieu thereof the figure "177",
And by striking the figure "118" wherever it appears and inserting in lieu thereof the figure "178".

TUESDAY, JANUARY 29, 1980

635

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment offered by Senator Bell of the 5th to the amendment offered by Senator Bell of the 5th to the committee substitute was adopted.
On the adoption of the amendment offered by Senator Bell of the 5th as amended by the amendment offered by Senator Bell of the 5th, the yeas were 44, nays 0, and the amendment to the committee substitute was adopted as amended.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill
Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby

Not voting was Senator Land.

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

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 6:55 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

636

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, January 30, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1 150. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others: A bill to amend Code Title 38, relating to evidence, so as to provide for the taking and use of depositions in criminal proceedings; to provide for notice; to provide for counsel; to provide for costs.
HB 1212. By Representatives Mullinax of the 69th, Mostiler of the 71st, Fortune of the 71st and others: A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to provide for a decrease in weekly unemployment compensation benefits based on receipt ot govern mental or other pension retirement or retirement pay, annuity, or other similar periodic payment.
HB 1370. By Representatives Davis of the 99th, Pilewicz of the 41st and Vaughn of the 57th: A bill to amend Code Section 26-1601, relating to burglary, so as to change the provisions relating to the definition of burglary; to provide for clarifica tion with respect to penalties.

WEDNESDAY, JANUARY 30, 1980

637

HB 1394. By Representative Hatcher of the 131st:
A bill to abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1402. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 24-1801, relating to clerks of the judges of the probate courts, so as to authorize the judge of the probate courts in all coun ties having a population of not less than 73,000 and not more than 89,000, to employ, prescribe the duties, and set the salary of such clerk.

HB 141 1. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term.

HB 1412. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for an additional method of opening bids to allow the bids to be opened on dates prior to Board meetings if opened in the office of the Superintendent or his designee, with at least one Board member present and after notification to the affected bidders.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 543. By Representatives Childs of the 51st, Richardson of the 52nd, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Decatur to permit certain residents of the city to defer a portion of the city ad valorem taxes due on their homesteads.
HR 544. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the Town of Trion, who are 65 years of age or older, shall be granted an exemption of $2,000 which may be increased to not more than $4,000 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation.

638

JOURNAL OF THE SENATE,

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

SB 218. By Senator Overby of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to change the compensation of the judge of said court; to provide an ef fective date.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 505. By Senator Hudgins of the 15th:
A bill to authorize and direct the Attorney General to defend county sheriffs in certain actions; to require counties to reimburse the state Department of Law. Referred to Committee on Judiciary.
SB 506. By Senators Hudgins of the 15th and Starr of the 44th: A bill to amend Code Section 24A-1404, relating to hearings pertaining to the release from detention or shelter care under the "Juvenile Court Code of Georgia", as amended, so as to provide that, with respect to any child alleg ed to be deprived, an informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention.
Referred to Committee on Judiciary.
SB 519. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to create an Advisory Council for Probation; to provide for the com position and responsibilities of the council; to provide that the council shall advise with the Board of Offender Rehabilitation and the Department of Of fender Rehabilitation on matters of policy, personnel, and budget which af fect probationary services.
Referred to Committee on Offender Rehabilitation.
SB 520. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to authorize the State Board of Pardons and Paroles to adopt rules and regulations, policies, and procedures for the granting of earned time to a parolee or other conditional releasee in the same manner as if such releasee were serving the sentence in custody. Referred to Committee on Offender Rehabilitation.

WEDNESDAY, JANUARY 30, 1980

639

SB 521. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to require the Board to adopt, implement and maintain a parole guidelines system for determining parole action. Referred to Committee on Offender Rehabilitation.

SB 522. By Senators Wessels of the 2nd, Riley of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage so as to increase the number of pilots the Board of Pilotage Commissioners for the port of Savannah is authorized to license. Referred to Committee on Transportation.

SB 523. By Senators Robinson of the 27th, Greene of the 26th, Johnson of the 34th and others:
A bill to amend Code Section 26-1704, relating to bad checks, as amended, so as to provide that it shall be prima facie evidence that the accused knew the instrument would be dishonored if notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address on the instrument or given by the accused at the time of issuance of the instrument.
Referred to Committee on Judiciary.

SR 290. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Towns County to direct the governing authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same tor educational purposes within the Towns County school district; to provide tor the submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 291. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to provide that when general obligation bonds of the State are issued to provide educa tional facilities for county and independent school systems, title to such educational facilities shall be vested in county and independent boards of education when such bonds are no longer outstanding; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.

640

JOURNAL OF THE SENATE,

SR 293. By Senators Evans of the 37th, English of the 21st, Walker of the 19th and others:
A resolution authorizing and directing the Commissioner of the Department of Agriculture, the Commissioner of the Department of Community Affairs and the Commissioner of the Department of Industry and Trade to conduct a joint study of the loss of prime farmland in Georgia and actions the State might take to preserve farmland.
Referred to Committee on Agriculture.

SR 294. By Senators Broun of the 46th and Brown of the 47th: A resolution creating the Georgia Energy Regulatory Reform Commission.
Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 1150. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Title 38, relating to evidence, so as to provide for the taking and use of depositions in criminal proceedings; to provide for notice; to provide for counsel; to provide for costs.
Referred to Committee on Judiciary.

HB 1212. By Representatives Mullinax of the 69th, Mostiler of the 71 st, Fortune of the 7 1st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to provide for a decrease in weekly unemployment compensation benefits based on receipt of govern mental or other pension retirement or retirement pay, annuity, or other similar periodic payment.
Referred to Committee on Industry, Labor and Tourism.

HB 1370. By Representatives Davis of the 99th, Pilewicz of the 41 st and Vaughn of the 57th:
A bill to amend Code Section 26-1601, relating to burglary, so as to change the provisions relating to the definition of burglary; to provide for clarifica tion with respect to penalties.
Referred to Committee on Special Judiciary.

HB 1394. By Representative Hatcher of the 131st:
A bill to abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on Community Affairs.

WEDNESDAY, JANUARY 30, 1980

641

HB 1402. By Representatives Fuller of the 16th, Chilclers of the 15th and OUlham of the 14th:
A bill to amend Code Section 24-1801, relating to clerks of the judges of the probate courts, so as to authorize the judge of the probate courts in all coun ties having a population of not less than 73,000 and not more than 89,000, to employ, prescribe the duties, and set the salary of such clerk.
Referred to Committee on Community Affairs.

HB 141 1. By Representatives Daniel of the 88th, Padgett of the 86th, Checks of the 89th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term.
Referred to Committee on Community Affairs.

HB 1412. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond so as to provide for an additional method of opening bids to allow the bids to be opened on dates prior to Board meetings if opened in the office of the Superintendent or his designee, with at least one Board member present and after notification to the alfccted bidders.
Referred to Committee on Community Affairs.

HR 543. By Representatives Childs of the 51 st, Richardson of the 52nd, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitutmn so as to authorize the governing authority of the City of Decatur to permit certain residents of the city to deter a portion of the city ad valorem taxes due on their homesteads.
Referred to Committee on Community Affairs.

HR 544. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the Town of Trion, who are 65 years of age or older, shall be granted an exemption of $2,000 which may be increased to not more than $4,000 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation.
Referred to Committee on Community Aflairs.

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

642 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Banking, Finance and Insurance has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 76. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 492. SB 511. SB 512. SB 513. SB 514. SB 517. SR 269. HR 519. HR 520.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:
Your Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 491. Do pass by substitute.
Respectfully submitted, Senator Barker of the 18th District, Chairman

WEDNESDAY, JANUARY 30, 1980

643

The following bills and resolutions of the Senate and House were read the second time:
SB 106. By Senators English of the 21 st, Allgood of the 22nd and Overby of the 49th:
A bill to amend an Aet creating the office of District Attorney Emeritus and creating a retirement fund, as amended, so as to provide tor 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 benefits; to provide an effective date.
SB 237. By Senators Lester of the 23rd and Starr of the 44th:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to provide certain additional qualifications for lie-ensure of agents and counselors for life or accident and sickness insurance and for the making of annuity contracts.

SB 386. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to describe illegal practices relating to the use of financial transaction cards; to provide for definitions.

SB 397. By Senators Foster of the 50th and Lester of the 23rd:
A bill to amend Code Chapter 91 A-13, relating to county tax officials and administrative provisions, so as to require the publication of the names of certain delinquent taxpayers.

SB 414. By Senators Walker of the 19th, Gillis of the 20th, Hudgins of the 15th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", as amended, so as to delete the phrase authorizing annual raccoon trapping in certain areas of the State.
SB 450. By Senator Howard of the 42nd:
A bill to provide protections for residents in long-term care facilities; to pro vide a short title; to define certain terms; to require reports by certain per sons concerning abuse, neglect or exploitation; to require investigations of reports of abuse and neglect.
SB 453. By Senator Brown ot the 47th:
A bill to amend Code Section 68-510, relating to the fixing of rates, fares, and charges of motor carriers by the commission, as amended, so as to pro vide for joint rate-making and other procedures and for compliance therewith; to amend the "Motor Common Carriers Act of 193 1", as amend ed, so as to provide for joint rate-making and other procedures and for com pliance therewith.

644

JOURNAL OF THE SENATE,

SB 484. By Senator Scott of the 43rd:
A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to provide for certain additional payments to a local operating authority to be used exclusively to increase the compensation of faculty members of the college operated by said local operating authority.

SB 487. By Senators Coverdell of the 40th, Holloway of the 12th, Riley of the 1 st and others:
A bill to amend Code Chapter 88-18, relating to hospital authorities as amended, so as to delete a provision relative to grants to hospital authorities operating teaching hospitals providing medical education and training for physicians.
SR 250. By Senator Carterot the 14th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Sumter County certain state owned real property located within Sumter County.

SR 256. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant to Oglethorpe Power Corporation (an Elec tric Membership Generation and Transmission Corporation), its successors and assigns, a corrective easement regarding certain property owned by the state of Georgia.

SR 265. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.

SR 268. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; to provide for submission of this amendment for ratification or rejec tion.

HB 572. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to require an application and payment for a fee prior to the grant of tem porary emergency authority; to change certain provisions relating to fees; to provide for issuance of temporary vehicle registration permits.

WEDNESDAY, JANUARY 30, 1980

645

HB 573. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to define and redefine certain terms; to provide for and require the collec tion of certain application fees; to provide for issuance of certain temporary permits.

HB 1071. By Representatives Hatcher of the 131st, Collins of the 144th, Williamson of the 45th and others:
A bill to revise, modernize, update certain revenue laws relating to the rais ing and expenditure of public revenues in this State; to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to specify the amount of interest due on taxes and other amounts due the State and local taxing jurisdictions and remaining unpaid.

SR 278. By Senator Littlefield of the 6th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption in an amount of $4,000.00 from all county and coun ty school ad valorem taxes for residents ot Camden County; to provide lor submission of this amendment for ratification or rejection.

SR 279. By Senator Littlefield of the 6th:
A resolution proposing an amendment to the Constitution so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in ac cordance with the fines specified by such ordinance or resolution; to provide for submission of this amendment for ratification or rejection.

HB 1187. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a charter for the City of Cummings, so as to change the punishment which can be imposed by the police court.

HB 1242. By Representatives Hatcher of the 131st, Parkman of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to amend an Act providing for the merger of the then existing indepen dent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Ga. of 1945.

HB 1293. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th;
A bill to amend an Act creating the Downtown Athens Development Authority, so as to provide for powers of the Authority.

646

JOURNAL OF THE SENATE,

HB 1341. By Representative Irvin of the 10th:
A bill to provide a new charter for the Town of Martin in the Counties of Franklin and Stephens.

HR 492. By Representatives Childers of the 15th, Fuller of the 16th and Oldham of the 14th:
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 in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $1,000.00.

HR 510. By Representatives Greene and Moody of the 138th:
A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is ex empt from county taxes, from $2,000.00 to $ 10,000'.0().

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

HB 1185. By Representative Bargeron of the 83rd:
A bill to amend an Act to incorporate the town of Avera, so as to redesignate the town as a city; to change the corporate limits; to change the rate of ad valorem taxes authorized to be levied.

The report 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 1243. By Representatives Hatcher of the 131st, Hutchinson of the 133rd and Parkmanof the 134th:
A bill to amend an Act to create the Albany-Dougherty Inner City Authori ty, so as to change the method of appointment of the members of the Authority.

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

WEDNESDAY, JANUARY 30, 1980

647

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

HB 1248. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County, so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.

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

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 Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedv Kidd Land Langford Lester McGill Overbv

Paulk Reynolds Riley Robinson Russell Scott Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Broun of 46th Bryant Coverdell

Evans Littlefield Starr

Tate

Senator Bell of the 5th introduced the chaplain of the day, Reverend Larrv
Caywood, pastor of First United Methodist Church, Tucker, Georgia who offered Scripture reading and prayer.

648

JOURNAL OF THE SENATE,

The following resolutions of the Senate were read and adopted:
SR 295. By Senators Barker of the 18th and Robinson of the 27th: A resolution commending Major General John R. Spalding, Jr.

SR 296. By Senators Foster of the 50th and Brown of the 47th: A resolution commending Mr. Fred Huff.
SENATE CALENDAR
Wednesday, January 30, 1980
SEVENTEENTH LEGISLATIVE DAY
HR 204. Robert L. Blackmon--compensation (AMENDMENT) (App--46th) SR 236. Executive Branch Department Heads--confirmation by Senate (Gov
Op-25th) HB 1109. Abatement of Nuisances--statement of purpose and intent
(Judy--42nd) HB 590. Department of Archives and History--additional objects and purposes
(HEd-2nd)
The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 204. By Representative Daugherty of the 33rd: A resolution compensating Mr. Robert L. Blackmon in the amount of $50,000.00.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Appropriations offered the following amendment:
Amend HR 204 by striking from Page 1, lines 12 and 19 the figure "$50,000.00",
And inserting in lieu thereof the following: "$5,000.00".

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 adoption of the resolution as amended, was agreed to.

WEDNESDAY, JANUARY 30, 1980

649

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell ' Eldridge English Evans Fincher of 52nd Foster

Gillis Greene Hill Holloway Horton Johnson Kidd Land Lester Littlefield McGill Overby Paulk Reynolds Riley

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

Voting in the negative were Senators Hudgins and Kennedy.

Those not voting were Senators:

Allgood Barnes Bryant

Dean Fincher of 54th Howard

Hudson Langford

On the adoption of the resolution, the yeas were 45, nays 2.
The resolution, having received the requisite constitutional majority, was adopted as amended.

The following local bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 218. By Senator Overby of the 49th: A bill to amend an Act creatinglhe State Court of Hall County, as amended, so as to change the compensation of the judge of said court; to provide an ef fective date.

650

JOURNAL OF THE SENATE,

The House substitute to SB 218 was as follows:

A BILL
To be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, so as to change the compensation of the judge of said court; 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 Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. The judge of said court shall receive a salary of $32,500.00 per annum. The solicitor of said court shall receive a salary of $24,000.00 per annum. Said salaries shall be paid in equal monthly in stallments from the funds of Hall County."
Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Overby of the 49th moved that the Senate agree to the House substitute to SB218.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 218.

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 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31st and others: A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), so as to change the age at which the purchase of alcoholic beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

WEDNESDAY, JANUARY 30, 1980

651

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

HB 1203. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act", so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.

The following general resolution of the Senate, having been read the third time and lost on January 28, reconsidered on January 29, was put upon its adoption:

SR '236. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all heads of departments or agencies of the executive branch of government ap pointed by the Governor or boards created by this Constitution or law shall be subject to confirmation by the Senate; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section II of the Constitution is hereby amended by adding at the end thereof a new Paragraph IX to read as follows:
"Paragraph IX. Executive department heads. All heads of depart ments or agencies of the executive branch of government appointed by the Governor or boards created by this Constitution or law shall be sub ject to confirmation by the Senate, whether such appointments are per manent or temporary. Appointments made by the Governor when the General Assembly is not in session shall be considered by the Senate at the next session of the General Assembly following the appointment. Any person rejected by the Senate shall not be reappointed by the Governor or a board to the same office during the same session or the recess thereafter."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that all ( ) NO heads of departments or agencies of the executive branch of government appointed by the Governor or boards created by this Constitution or law shall be subject to confirmation bv the Senate?"

652

JOURNAL OF THE SENATE,

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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:

Barnes Bell Bond Brantley Cobb Coverdell Dean Evans

Greene Horton Hudgins Johnson Kidd Langford Littlefield Paulk

Robinson
Scott Stephens Stumbaugh Sutton Tate Tysinger

Those voting in the negative were Senators:

Allgood Ballard Barker Broun of 46th Brown of 47th Carter
Eldridge English Fincher of 52nd Foster

Gillis Hill Holloway Howard Hudson Kennedy Land Lester
McGill
Overbv

Those not voting were Senators:
Bryant Fincher of 54th Russell

Reynolds Riley Starr Summers Thompson
Timmons
Turner Walker Wessels

On the adoption of the resolution, the yeas were 23, nays 29.
The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

WEDNESDAY, JANUARY 30, 1980

653

Senator Holloway of the 12th, President ProTempore, assumed the Chair.

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

HB 1203. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act' , so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.

Senator Broun of the 46th moved that the Senate insist upon the Senate substitute toHB 1203.

On the motion, the yeas were 36, nays 1; the motion prevailed, and the Senate in sisted upon the Senate substitute to HB 1203.

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

HB 1109. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 72-2, relating to abatement ot nuisances generally, so as to provide for a statement of purpose and intent; to change the provisions relating to manner of abatement; to change the provisions relating to restraint of a public nuisance.
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
Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th
Carter Cobb Coverdell Dean Eldridge

English Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene

654

JOURNAL OF THE SENATE,

Hill Horton Howard Hudson Johnson Kennedy Kidd Land Lester McGill

Overbv Paulk ' Reynolds Riley Robinson Seott Starr Stephens Stumbaugh Summers

Those not voting were Senators:

Bryant Hollowav (presiding)

Hudgins Langford

Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels
Littlefielcl Russell

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

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

Senator Sutton of the 9th moved that the following bill of the. Senate be taken from the Table and put upon its passage:
SB 179. By Senator Sutton of the 9th: A bill to amend Code Title 27, relating to criminal procedure, as amended, so as to change the manner of inflicting the punishment of death; to provide for an alternative.
On the motion, the yeas were 16, nays 13; the motion prevailed, and. SB 179 was taken from the Table and placed at the foot of the Calendar.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 590. By Representative Gignilliat of the 122nd: A bill to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to provide certain additional objects and purposes. Senate Sponsor: Senator Wessels of the 2nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, JANUARY 30, 1980

655

On the 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 Brantlev Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Seott Starr Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Bryant Holloway (presiding)

Hudgins Hudson Russell

Stephens T ininions

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 by the requisite constitutional majority the following bill of the House:
HB 1489. By Representative Chamberlin of the 73rd: A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts.

656

JOURNAL OF THE SENATE,

The House adheres to 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 1203. By Representatives Lambert of the 1 12th, Hatcher of 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80. known as the "General Appropriations Act," so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.

The Speaker has appointed on the part of the House, Representatives Harris ot the 8th, Vaughn of the 54th and Collins of the 144th.

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

HB 672. By Representatives Thompson of the 93rd, Johnson of the 74th and Bishop of the 94th:
A bill to amend Code Chapter 26-13, relating to call of the docket in criminal cases, so as to provide for discovery in criminal cases of statements made by defendants while in police custody and of scientific reports: to pro vide for procedure in relation thereto; to provide for an exclusionary rule.

The following bill of the Senate, having been read the third time on February 16 and tabled, and taken from the Table previously today, was put upon its passage:

SB 179. By Senator Sutton of the 9th:
A bill to amend Code Title 27, relating to criminal procedure, as amended, so as to change the manner of inflicting the punishment of death; to provide for an alternative.

The Senate Committee on Judiciary offered the following substitute to SB 179:
A BILL
To be entitled an Act to amend Code Title 27, relating to criminal pro cedure, as amended, so as to change the manner of inflicting the punishment of death; to provide for an alternative; to provide for rules and regulations; to provide that defendants may give all or any part of their bodies for specified purposes pursuant to the Georgia Anatomical Gift Act; to provide for expenses; to repeal a specific Act; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, JANUARY 30, 1980

657

Section 1. Code Title 27, relating to criminal procedure, as amended, is hereby amended by striking Code Section 27-2512 in its entirety and in serting in lieu thereof a new Code Section 27-2512 to read as follows:
"27-2512. Manner of inflicting punishment of death; anatomical gifts, (a) All persons who shall be convicted of a capital crime and who shall have imposed upon them the sentence of death shall suffer such punishment as herein provided.
(b) The punishment of death must be inflicted by continuous, in travenous administration of a lethal quantity of an ultrashortacting bar biturate in combination with a chemical paralytic agent until death is pronounced by a licensed physician according to accepted standards of medical practice.
(c) If the execution of the sentence of death, as provided in subsec tion (a) of this Section, is held unconstitutional by an appellate court of competent jurisdiction, then the sentence of death shall be carried out by electrocution.
(d) In all cases in which the defendant is sentenced to death, it shall be the duty of the trial judge, in passing sentence, to direct that the defen dant be delivered to the Director of Corrections for the carrying out of such punishment at such penal institution as may be designated by the Director.
(e) The warden of the penal institution designated by the Director shall designate the person to carry out the punishment of death provided for in subsection (b). The Director of Corrections shall promulgate rules and regulations outlining the procedures to lie followed in carrying out the punishment of death in accordance with the provisions of this Code Section.
(f) Any defendant sentenced to death may give all or any part of his body for purposes provided in the Georgia Anatomical Gift Act, the gift to take effect upon death. The expenses of preparing, handling and transporting any body or the parts thereof shall be paid by the donee."
Section 2. An Act providing that defendants sentenced to be elec trocuted be delivered to the State Board of Penal Administration for elec trocution, approved February 10, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 330), is hereby repealed in its entirety.
Section 3. This Act shall become effective on July 1, 1979, and shall apply only to sentences imposed after said date.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Evans of the 37th offered the following amendment:
Amend the substitute to SB 179 offered by the Senate Committee on Judiciary as follows:

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JOURNAL OF THE SENATE,

By striking on Page 1, lines 12 through 26, and on Page 2, lines 1 through 24.
and
By renumbering Section 2 as Section 1 and inserting a new Section 2 to read as follows:
"Section 2. No person shall be punished by death in the State of Georgia."

Senator Evans of the 37th asked unanimous consent that the amendment offered by him to the committee substitute be withdrawn. The consent was granted.

Senator Sutton of the 9th offered the following amendment:

Amend the substitute to SB 179 offered by the Senate Committee on Judiciary by striking on Page 2, line 31 the figures "1979" and inserting in lieu thereof the figures "1980".

On the adoption of the amendment, the yeas were 39, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 5, 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:

Bell Brantlev Cobb Eldridge Greene

Hudson Littlefield Paulk Robinson Scott

Stumbaugh Sutton Turner Tysinger

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes

Broun of 46th Carter Coverdell Dean

English Evans Fincher of 52nd Foster

WEDNESDAY, JANUARY 30, 1980

659

Gillis Hill Horton Howard Hudgins Johnson Kennedy Kidd

Land Langford Lester McGill Overby Reynolds Riley Starr

Those not voting were Senators:

Bond Brown of 47th Bryant

Fineher of 54th Holloway (presiding) Russell

Stephens Summers Tate Thompson Walker Wessels
Timmons

On the passage of the bill, the yeas were 14, nays 34.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following local, uncontcsted resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:
HR 453. 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 increase the civil jurisdiction of justices of the peace in Lowndes 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 Lowndes 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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

660

JOURNAL OF THE SENATE,

"( ) YES Shall the Constitution be amended so as to increase the civil ( ) NO jurisdiction of justices of the peace in Lowndes County from $200.00 to $1,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Brantley Broun of 46th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overbv

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brown of 47th Bryant

Fincher of 54th Holloway (presiding) Russell

Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

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

WEDNESDAY, JANUARY 30, 1980

661

HR 456. By Representatives Swann of the 90th, Cheeks of the 89th, Dent of the 85th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the last paragraph thereof to read as follows:
"Subject to the conditions provided by local law, the General Assembly may authorize each local taxing jurisdiction in Richmond County to grant a reasonable discount for early payment of ad valorem taxes owed to the local taxing jurisdiction. No such discount shall be granted except upon payment in full by the taxpayer of all ad valorem taxes due and payable to the local taxing jurisdiction."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed upon thereon the following:
"( ) YES Shall the Constitution be amended so as to permit the ( ) NO General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

662

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard
Barker
Barnes Bell Brantley Broun of 46th
Carter
Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill
Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh
Summers
Sutton Tate Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bond Brown of 47th Bryant

Fincher of 54th Holloway (presiding) Russell

Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 481. By Representative Ramsey of the 3rd:

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 Murray 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 paragraph:
"Provided, however, that in Murray County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu, tort to per-

WEDNESDAY, JANUARY 30, 1980

663

sons, and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed $1,000.00, and shall sit monthly at fixed times and places, but in all cases there may be an ap peal 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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following':
"( ) YES Shall the Constitution be amended so as to increase the ( ) NO dollar amount of civil cases over which the Justices of the Peace in Murray County shall have jurisdiction from $200.00 to $1,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Brantley Broun of 46th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Foster

Cillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

664

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Brown of 47th Brvant

Fincher of 54th Holloway (presiding) Russell

Timmons

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Senator Coverdell of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Banking, Finance and Insurance and com mitted to the Senate Committee on Community Affairs:

SB 490. By Senator Coverdell of the 40th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to clarify that the City of Atlanta imposed the sales tax levied within its territorial limits.
On the motion, the yeas were 30, nays 2; the motion prevailed, and SB 490 was withdrawn from the Senate Committee on Banking, Finance and Insurance and com mitted to the Senate Committee on Communitv Affairs.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 672. By Representatives Thompson of the 93rd, Johnson of the 74th and Bishop of the 94th: A bill to amend Code Chapter 27-13, relating to call of the docket in criminal cases, so as to provide for discovery in criminal cases of statements made by defendants while in police custody and of scientific reports; to pro vide for procedure in relation thereto; to provide for an exclusionary rule.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substitute toHB672.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate in sisted upon the Senate substitute to HB 672.

WEDNESDAY, JANUARY 30, 1980

665

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

HB 1489. By Representative Chamberlin of the 73rd: A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts.
Referred to Committee on Community Affairs.
Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:25 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

666

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, January 31, 1980

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

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President: The House has agreed to the Senate amendment to the following bill of the House:

HB 275. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Culpepper of the 98th:
A bill to amend an Act creating the office of judge of the superior courts emeritus (now known as senior judge of the superior courts) so as to provide that certain senior judges may become nonresidents ol the State under cer tain circumstances.

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

HB 1012. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation so as to change the provi sions relating to the budget for the sheriff's office; to repeal the maximum amounts for the budget for the sheriff's office.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 460. By Representative Housley of the 21 st:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption of $12,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district for residents of Cobb County who are disabled and who have a net income not exceeding $ 12,000.00 for the immediately preceding taxable year.

THURSDAY, JANUARY 31, 1980

667

HR 55 1. By Representatives Fuller of the 16th and Childers of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the initial appointment and subsequent eleetion of the judge of the juvenile court oi Floyd County; to provide for terms of said judge and to shorten the term of such judge in of fice immediately prior to the effective date of this amendment.

HR 552. By Representatives Fuller of the 16th, Oldham of the 14th and Childers of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by local law to stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commis sioners in office in 1981 without the necessity of a referendum and to pro vide for terms of less than four years.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 463. By Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th.
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia so as to change a definition; to authorize the Board to execute contracts to pro vide benefits under such plan.
HB 860. By Representatives Battle of the 124th, Harris of the 8th and Smith of the 42nd:
A bill to amend an Act entitled the "Certification of Water and Wastewater Treatment Plant Operators Act" so as to change terminology relative to the certification ot water and wastewater treatment plant operators to include laboratory analysts; to amend the definition of the Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to include laboratory analysts.
HB 895. By Representatives Harris of the 8th, Battle of the 124th, Logan of the 62nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide that the State Board of Education shall follow certain procedures in developing standards in programs in teacher educa tion.
HB 906. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act" so as to change the limitations on finance charges.

668

JOURNAL OF THE SENATE,

HB 1123. By Representative Pinkston of the 100th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, so as to provide for exceptions under certain circumstances.

HB 1 147. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for circumstances under which the district attorney should be notified when certain children are taken into custody.

HB 1 155. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Vandiford of the 53rd and others:
A bill to amend Code Section 79A-81 1, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for certain violations thereof.

HB 1 156. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 26-3004, relating to exemptions of law en forcement officers from the provisions of Code Chapter 26-30, relating to in vasions of privacy, so as to make any crime involving marijuana a crime which will authorize an investigation warrant.

HB 1207. By Representatives Rainey of the 135th, Hays of the 1st, Peters of the 2nd and Twiggs of the 4th:
A bill to amend Code Title 45, known as the "Game and Fish Code," so as to provide new length limits for the taking or possession of largemouth bass and to authorize the Board of Natural Resources to establish exceptions to said length limits.

HB 1265. By Representatives Wall of the 61st, Martin of the 6()th and Phillips of the 59th:
A bill to amend Code Section 26-2306, relating to officers or employees sell ing to governments or political subdivisions, so as to change who is pro hibited from making certain sales.

HB 1279. By Representative Games of the 43rd:
A bill to amend Code Chapter 24-18, relating to clerks of judges of the pro bate court, so as to specify certain powers of judges of the probate court.

THURSDAY, JANUARY 31, 1980

669

HB 1286. By Representatives Reaves of the 147th and Collins of the 144th:
A bill to amend an Act known as the "Georgia Pestieide Control Aet of 1976" so as to provide an enforcing official; to authorize the Commissioner of Agriculture to bring an action to enjoin violations.

HB 1287. By Representatives Reaves of the 147th, Nessmith of the 82nd and Collins of the 144th:
A bill to amend an Act entitled the "Georgia Pesticide Use and Application Aet of 1976," so as to require the certification of all aerial applicators; to change the license period for certified commercial pesticide applicators from one year to five years and to change the fee for such license from $ 10.00 per year to $25.00 for five years.

HB 1294. By Representative Carnes of the 43rd: A bill to amend Code Section 24-2703a, relating to fees collected by the child support receiver, so as to provide tor the assessment and collection of fees.
HB 1418. By Representatives Foster and Williams of the 6th: A bill to amend an Act placing the sheriff, clerk ot the superior court and judge of the probate court of Whitfield County on a salary system of com pensation, so as to change the compensation of the clerk and the probate judge.
HB 1419. By Representatives Foster and Williams of the 6th: A bill to change the compensation of the coroner of Whitfield County; to authorize the coroner to appoint a deputy.

HB 1453. By Representatives Childs of the 51st, Robinson of the 58th, Mangum of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to authorize the presiding senior judge to request the services of any acting judge or former judge of a court record.

HB 1090. By Representatives Savage of the 25th, Thompson of the 93rd, Snow of the 1st and others:
A bill to amend Code Section 24-2606.3, relating to expenses for attendance at educational programs by judges of the superior courts.

HB 1 193. By Representatives Williams of the 6th, Johnson of the 74th, Burruss of the 21st and others:
A bill to amend an Act known as the "Revenue Bond Law", so as to define the term "revenue".

670

JOURNAL OF THE SENATE,

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 524. By Senator Overby of the 49th:
A bill to amend an Act creating a new charter for the City of Flowery Branch so as to change the provisions relating to the election of councilmen. Referred to Committee on Community Affairs.

SB 525. By Senator Evans of the 37th:
A bill to amend an Act creating the State Court of Fulton County so as to create for said State Court the office of Magistrate; to provide for the powers and jurisdiction of said magistrate. Referred to Committee on Community Affairs.

SB 526. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 84-1 1, relating to the practice of optometn , as amended, so as to change the requirements for meetings of the Georgia State Board of Examiners in Optometry; to change the provisions relating to the minimum number of hours of continuing education required by the Board.
Referred to Committee on Human Resources.

SB 527. By Senator Paulk of the 13th:
A bill to consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide tor the rights, duties, and liabilities of said office; to provide for the election ot the tax commissioner; to provide for terms ot oft ice.
Referred to Committee on Community Affairs.

SR 297. By Senator Eldridge of the 7th:
A resolution amending SR 3 of the 1979 session relative to officials, employees and committees of the Senate. Referred to Committee on Rules.

The following bills and resolutions ol the House were read the tirst time and refer red to committees:
HB 463. By Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia so as to change a definition; to authorize the Board to execute contracts to pro vide benefits under such plan. Referred to Committee on Education.

THURSDAY, JANUARY 31, 1980

671

HB 860. By Representatives Battle of the 124th, Harris of the 8th and Smith of the 42nd:
A bill to amend an Act entitled the "Certification of Water and Wastewater Treatment Plant Operators Act" so as to change terminology relative to the certification of water and wastewater treatment plant operators to include laboratory analysts; to amend the definition of the Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to include laboratory analysts.
Referred to Committee on Natural Resources and Environmental Quality.

HB 895. By Representatives Harris of the 8th, Battle of the 124th, Logan of the 62nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Ceorgia Act" so as to provide that the State Board of Education shall follow certain procedures in developing standards in programs in teacher educa tion.
Referred to Committee on Higher Education.

HB 906. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act" so as to change the limitations on finance charges. Referred to Committee on Banking, Finance and Insurance.

HB 1090. By Representatives Savage of the 25th, Thompson of the 93rd, Snow of the 1st and others:
A bill to amend Code Section 24-2606.3, relating to expenses for attendance at educational programs by judges of the superior courts. Referred to Committee on Judiciary.

HB 1207. By Representatives Rainey of the 135th, Hays of the 1st, Peters of the 2nd and Twiggs of the 4th:
A bill to amend Code Title 45, known as the "Game and Fish Code," so as to provide new length limits for the taking or possession of largemouth bass and to authorize the Board of Natural Resources to establish exceptions to said length limits.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1123. By Representative Pinkston of the 100th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, so as to provide for exceptions under certain circumstances. Referred to Committee on Governmental Operations.

672

JOURNAL OF THE SENATE,

HB 1147. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for circumstances under which the district attorney should be notified when certain children are taken into custody.
Referred to Committee on Judiciary.

HB 1 155. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Vandiford of the 53rd and others:
A bill to amend Code Section 79A-81 1, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment tor certain violations thereof.
Referred to Committee on Judiciary.

HB 1 156. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 26-3004, relating to exemptions of law en forcement officers from the provisions of Code Chapter 26-30, relating to in vasions ot privacy, so as to make any crime involving marijuana a crime which will authorize an investigation warrant.
Referred to Committee on Judiciary.

HB 1 193. By Representatives Williams of the 6th, Johnson of the 74th, Burruss of the 2 1st and others:
A bill to amend an Act known as the "Revenue Bond Law", so as to define the term "revenue". Referred to Committee on Judiciary.
HB 1265. By Representatives Wall of the 61st, Martin of the 6()th and Phillips of the 59th: A bill to amend Code Section 26-2306, relating to officers or employees sell ing to governments or political subdivisions, so as to change who is pro hibited from making certain sales.
Referred to Committee on Governmental Operations.

HB 1279. By Representative Games ol the 43rd:
A bill to amend Code Chapter 24-18, relating to clerks of judges ot the pro bate court, so as to specify certain powers ot judges of the probate court. Referred to Committee on Judiciary.

THURSDAY, JANUARY 31. 1980

673

HB 1280. By Representatives Reaves of the 147th and Collins of the 144th:
A bill to amend an Act known as the "Georgia Pesticide Control Act of 1976" so as to provide an enforcing official; to authorize the Commissioner of Agriculture to bring an action to enjoin violations. Referred to Committee on Agriculture.

HB 1287. By Representatives Reaves of the 147th. Nessmith of the 82nd and Collins of the 144th:
A bill to amend an Act entitled the "Georgia Pesticide Use and Application Act of 1976." so as to require the certification of all aerial applicators; to change the license period for certified commercial pesticide applicators from one year to five years and to change the fee for such license Irom $ 10.00 per year to $25.00 for five years.
Referred to Committee on Agriculture.

HB 1294. By Representative Games of the 43rd:
A bill to amend Code Section 24-2703a. relating to fees collected by the child support receiver, so as to provide for the assessment and collection of fees. Referred to Committee on Judiciary.

HB 1418. By Representatives Foster and Williams of the 6th:
A bill to amend an Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of com pensation, so as to change the compensation of the clerk and the probate judge.
Referred to Committee on Community Affairs.

HB 1419. By RepresentativcsFostcrand Williams of the6th:
A bill to change the compensation ol the coroner of Whitfield County; to authorize the coroner to appoint a deputy. Referred to Committee on Community Affairs.

HB 1453. By Representatives Childs of the 51st, Robinson of the 58th, Mangum of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to authorize the presiding senior judge to request the services of any acting judge or former judge of a court record.
Referred to Committee on Community Affairs.

074

JOURNAL OF THE SENATE,

UK 400. By Representative Houslev of the 21st:
A resolution proposing an amendment to the Constitution so as to provide lor a homestead exemption of $ 12.000 from all Gobi) County ad valorem taxes, including ad valorem taxes for the Gobi) County sehool district for residents of Gol>b County who are disabled and who have a net ineonie not exceeding S 12,000.00 for the immediately preceding taxable year.
Kelerred to Committee on Community Affairs.

HH 55 1. By Representatives Fuller of the 1 nth and Childers of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd Comity; to provide for terms of said judge and to shorten the term ol such judge in ollice immediately prior to the effective date ol this amendment.
Referred to Committee on Communitv Affairs.

HK 552. By Heprcscntati\cs Fuller of the 10th. Uldham of the 14th and Childers of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assemblv by local law to stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of anv such commis sioners in office in 1MS1 without the necessity of a referendum and to pro\ ide for terms of less than four years.
Referred to Committee on Communitv Affairs.

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

Mr. President:

Your Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 1142. Do pass. HB 1 100. Do pass. HB 1205. Do pass.

Respectfully submitted. Senator McGill of the 24th District. Chairman

Mr. President:
Your Committee on Banking. Finance and Insurance has had under consideration the following bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the lollowing recommendations:

THURSDAY, JANUARY 31, 1980

675

SB 432. SB 468. SR 257. SR 266. SR 267. SR 273.

Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass.

Respectfully submitted. Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Education has had under consideration the following bills and resolutions ol the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 145. SB 402. SB 495. SR 285. HB 448. HR 506.

Do pass. Do pass b\ substitute. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted. Senator Carter ol the 14th District, Chairman

Mr. President:
Your Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 428. SB 473. SB 474. SB 497. SB 502. SR 277.

Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kidd ol the 25th District, Chairman

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Mr. President:
Your Committee on Governmental Operations has had under consideration the following bills and resolutions of the Senate and House and has instrueted me to report the same back to the Senate with the following recommendations:

SB 420. Do pass. HB 5 I. Do pass. HB 919. Do pass. HB 1078. Do pass. HB 1103. Do pass. HB 1118. Do pass. HB 1119. Do pass. HB 1190. Do pass. HB 119!. Do pass. HB 1192. Do pass. HR 296. Do pass. HR 459. 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 Senate and House an has instructed me to report the same back to the Senate with the following recommendations:
SB 53. Do not pass. SB 405. Do pass by substitute. SB 421. Do pass as amended. SB 485. Do pass. HB 875. Do pass as amended. HB 1110. Do pass as amended. HB 1218. Do pass.
Respectfully submitted,
Senator Overby of the 49th District, Chairman

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677

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 393. Do pass. SB 394. Do pass.
Respectfully submitted.
Senator Barries of the 33rd District, Chairman

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 496. Do pass. SR 280. Do pass.
Respectfully submitted.
Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 491. By Senator Hudson of the 35th:
A bill to amend an Act amending the alcoholic beverages laws and the elec tion laws of Georgia to define election days so as to define the area in which an election is held for the purposes of the prohibition against the giving or furnishing of alcoholic beverages to any person on election days.

SR 76. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to grant to persons who are entitled to a disability insurance benefit pursuant to the provisions of the Federal Social Security Act the same homestead exemption granted to persons sixty-five (65) years of age or over; to provide for the sub mission of this amendment for ratification or rejection.

SB 492. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law", as amend ed, so as to provide that in any city with a population of 450,000 or more, the two Resident Commissioners appointed by the Mayor shall each have the right to vote upon any and all matters pertaining to said Authority.

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JOURNAL OF THE SENATE,

SB 511. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary system exclusively, as amended, so as to change the salary provisions relating to said county officer; to provide an effective date.

SB SI 2. By Senator Walker of the 19th:
A hill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, as amended, so as to change the compensation of said commissioner.

SB SI 3. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, as amended, so as to change the salary of the judge of the probate court.

SB 514. By Senator Walker of the 19th:
A bill to amend an Act creating the office of tax commissioner of Telfair County, as amended, so as to change the salary of said tax commissioner.

SB 517. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.

SR 209. By Senator Johnson of the 34th:
A resolution finding and declaring the Atlanta Zoo to be a source of educational and cultural value to the entire state and region and authorizing funding therefor.

HR 519. By Representatives Harris, Anderson and Hasty 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 Bartow County shall have jurisdiction.

HR 520. By Representatives Harris, Hasty and Anderson of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is 02 years of age or over and whose income from all sources, including the income of all lamily memlxrs residing within said homestead, does not exceed $12,()0().()0 per annum shall be granted an exemption from all Bartow County Schtx)! District taxes on the full value of his homestead owned and occupied by him as a residence.

THURSDAY, JANUARY 31, 1980

679

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

HB 1 I ST. By Representatives Jaekson, W(X)d and La\vson of the 9th:
A bill to amend an Act creating a charter for the City of Cummings, so as to change the punishment which can be imposed by the police court.

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

On the passage of the bill, the yeas were 47. nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1242. By Representatives Hatcher of the 131st, Parkman of the 134th, Hutchinson uf the 133rd and White of the 132nd:
A bill to amend an Act providing for the merger of the then existing independent school system of the City of Albany and the then existing schtx)! district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945.

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

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1293. By Representatives Logan of the 02nd, Argo of the 03rd and Russell of the 64th:
A bill to amend an Act creating the Downtown Athens Development Authority, so as to provide for powers of the Authority.

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

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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JOURNAL OF THE SENATE,

HB 1341. By Representative Irvin of the 10th:
A bill to provide a new charter for the Town of Martin in the Counties of Franklin and Stephens.

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

On the passage of the bill, the yeas were 47, 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 Barker
Barnes Bond Brantley Broun of 46th Brown of 47th Bryant
Carter Cobb Dean Eldridge English Fincherof 52nd Fincherof 54th Foster

Gillis
Greene Hill
Holloway Horton ' Howard Hudgins Hudson Johnson
Kennedy Kidd Langford Lester Littlelield McGill Overby Paulk

Reynolds
R'ley Robinson
Scott Starr Stephens Stumbaugh Summers Sutton
Tare Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Bell Coverdell

Evans Land

Russell

Senator Fincher of the 52nd introduced the chaplain of the day, Dr. Wallace McGill, pastor of the First Baptist Church, Cartersville, Georgia, who offered Scripture reading and prayer.

THURSDAY, JANUARY 31, 1980

681

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 1146. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th, and others:
A bill to amend Code Section 27-407, relating to the duty of the court of in quiry, so as to provide that the committing magistrate may not dismiss cer tain criminal charges and convict the accused ol an ottense otherwise within the jurisdiction of the court of inquiry if the evidence upon which the con viction is to be based within the court of inquiry shall constitute the same circumstances for which the accused was originally charged with a viola tion of certain crimes.

HB 1281. By Representatives Williamson of the 45th, Home of the 104th, Bray of the 70th, and others:
A bill to amend the Campaign and Financial Disclosure Act, so as to change certain reporting requirements.

SENATE CALENDAR Thursday, January 31, 1980 EIGHTEENTH LEGISLATIVE DAY

SB 347. SB 406. SB 106. SB 237. SB 386. SB 397. SB 414. SB 450. SB 453.

Sale of Alcoholic Beverages on Election Days--change certain provisions (SUBSTITUTES) (C Aff--25th)
Sentences and Executions--new Code Section (Ofl R--44th)
District Attorney Emeritus Retirement--survivor's benefits (SUBSTITUTE) (Ret--21 st)
Life, Accident, Sickness Insurance Agent--additional qualifications for agents (SUBSTITUTE) (BF&I--23rd)
Credit Cards--describe illegal practices relating to use of (SUBSTITUTE) (BF&I-2nd)
Delinquent Taxpayers--publication of names (SUBSTITUTE) (BF&I--50th)
Game and Fish Code--raccoon trapping (NREQ-- 19th)
Residents in Long-Term Care Facilities--provide protections (SUBSTITUTE) (Hum R--42nd)
Motor Common Carriers--joint rate-making (AMENDMENT) (Pub U-47th)

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JOURNAL OF THE SENATE,

SB 484. Junior College--increase in compensation of faculty members (H Ed--43rd)
SB 487. Hospital Authorities--teaching hospitals providing medical training (SUBSTITUTE/AMENDMENT) (Hum R--40th)
SK 250. Properties Commission-- conveyance of property to Surnter County (Pub U--14th)
SR 256. Properties Commission--grant easement to Oglethorpe Power Corporation (Pub U--25th)
SR 265. Baldwin County--conveyance of certain real property (Put) U--25th)
SR 268. Georgia Military College and Board of Trustees--create (SUBSTITUTE) (HEd--25th)
HB 572. Motor Common Carriers--fee payment prior to temporary emergency authority (AMENDMENT) (Pub U--47th)
HB 573. Motor Contract Carriers--collection of certain application fees (Pub U--47th)
HB 1071. Public Revenue Expenditure--update laws relating to (BF&I--8th)

The following general bill of the Senate, having been lost on January 24, recon sidered January 25, and postponed on January 28 until January 31, was put upon its passage:
SB 347. By Senator Kick! of the 25th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors", as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days.
Senator Kick! of the 25th moved that SB 347 be postponed until February 1.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 347 was postponed until February 1.
Senator Holloway of the 12th, President ProTempore, assumed the Chair.
The following general bill of the Senate, having been read the third time on January 29 and postponed until January 3 1, was put upon its passage:
SB 406. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 2()th and others: A bill to amend Code Chapter 27-25, relating to sentences and executions, asamended, particularly by an Act to provide for the imposition of the death penalty in certain cases so as to add a new Code Section to be designated Code Section 27-2538.

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683

Senator Barnes of the 33rd offered the following amendment:
Amend SB 406 by striking from line 2, Page 3 the period after the word "state", replacing it with a comma, and adding thereafter the following:
"except a claim or proceeding challenging the competency of '.ounsel."

On the adoption of the amendment, the yeas were 31, 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 Barker Barnes Broun of 46th Brown of 47th Bryant Carter Coverdell Eldridge English Fincher of 52nd Fincher of 54th Foster Gillis

Grcene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Bell Bond Brantley Cobb

Dean Holloway (presiding) Horton Littlefield

Russell Tate

On the passage of the bill, the yeas were 44, nays 1.

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

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JOURNAL OF THE SENATE,

Senator Paulk of the 13th introduced the doctor of the day, Dr. Ralph D. Roberts, of Fitzgerald, Georgia.

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

SB 106. By Senators English of the 21st, Allgood of the 22nd and Overby of the 49th:
A bill to amend an Act creating the office of District Attorney Emeritus and creating a retirement fund, as amended, so as 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 benefits; to provide an effective date.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 29, 1980

SUBJECT: Fiscal Note--Substitute to Senate Bill 106 District Attorney Emeritus Retirement System

This Bill would require married members to provide for spouse benefits by paying into the System an amount equal to 2'/2% of their state salaries for each year of service (up to a maximum of 19 years). Spouses of retired members or of members with 19 years' service would receive 50 percent of the member's retirement benefits; spouses of members who die with less'than 19 years' service, but more than 10 years' service, would receive reduced benefits.

Assuming that each member works an average of three additional years prior to retiring, the cost to the state would be approximately $400,000 (bas ed on the members' current $38,870 salary). Because eight of the nine mejnbers will be in their 19th year of service in three years (1983), this estimate assumes thai all surviving spouses will receive full benefits.

THURSDAY, JANUARY 31, 1980

685

It should be noted that each member would be required to pay the system between approximately $10,000 to $15,000 (depending on the ac tual amount of fees collected during years prior to 1969) for prior service, and due to the way emeritus systems are funded, no cost will be incurred by the state until the benefits are actually paid out. It should also be pointed out that there could be a significant increase in the cost of this Bill if House Bill 119, which changes the compensations of a district attorney emeritus, becomes law.
/s/ William M. Nixon State Auditor
/s/ C. T. Stevens, Director Office of Planning and Budget

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 30, 1979

SUBJECT: Fiscal Note-Senate Bill 106 District Attorney Emeritus Retirement System

This Bill would allow members to provide for spouse benefits by paying into the System an amount equal to two percent of their state salary lor each year of service (since July 1, 1975 and for 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 members 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 thai the nine current members elect spouse benefit coverage, and assuming that each member works an average ot four additional years prior to retiring, the cost to the state would be approximately $472,260 (based on the members' cur rent $34,000 salary). Because eight of the nine members will be in their 19th year of service in four years (1983), this estimate assumes that all surviving spouses will receive full benefits.

It should be noted that due to the way emeritus systems are funded, no cost will be incurred by the state until the benefits are actually paid out. It should also be pointed out that there could be a significant increase in the cost of this Bill if House Bill 119, which changes the compensations of a district attorney emeritus, becomes law.

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JOURNAL OF THE SENATE.

This legislation might possibly be amended to provide that a member's estate receive a refund of contributions rather than his personal represen tative as outlined in Section 3 of the Bill. Such language would avoid disputes over such refunds.
/s/ William M. Nixon State Auditor
/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 100:

A BILL
To be entitled an Act 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 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 alter payment of benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: /
Section 1. An Act 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 to Section 9 thereof, the following:
"Provided further that any district attorney who is married shall pay into the fund an amount equal to two and one-half percent of his State salary for each year ol service up to a maximum of 19 years, and such payment shall entitle his surviving spouse to receive from the State of Georgia for life or until remarriage a sum equal to 50 percent of the benefits which he was receiving on the date of his death, if retired at such time, or which he would have been eligible to receive had he retired as of that date, if he had 19 years of creditable service as of the date of his death. If such district attorney had completed spouses' contributions lor 10 years of creditable service as a district attorney but had not completed spouses' contributions for 19 years of creditable 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 creditable service without change in the salary he was receiving at the time of his death times the fraction which the district attorney s creditable service bears to 19 years. Those members with more than 19 years of creditable service shall utilize the salary level of the most recent 19 years of service when determining the contribution for spouses benefits as herein provided. Any member who was compensated by the fee system prior to 1969 shall pay the required two and one-half percent contribution for spouses'

THURSDAY. JANUARY 31. 1980

. 687

benefits on the basis of $9,000.00 per annum, if such fees were less than that amount, or on the basis of the actual fees received, if more than $9,000.00 per annum, up to a maximum of $18.000.00 as the basis for such contributions. In addition to the foregoing contributions, a member obtaining spouses' benefits hereunder shall pay interest on such contribu tions at the rate of five percent compounded annually up to the date of payment ol such contributions. All contributions to obtain creditable ser vice for the purpose of spouses lx*nefits, plus interest thereon, shall lie paid within two years after the effective date of this paragraph. A memlier who is not married shall not be required to make contributions as provided herein for spouses' benefits, but if such member subsequently marries, the member shall be required to begin making contributions for spouses benefits and shall also make such contributions for prior service, as provided herein, within two years after becoming married. If the spouse of a member dies or if a menilxr becomes divorced, contributions for spouses benefits shall cease upon the member s giving notice to the trustees of the fund of such death or divorce, but if such memljcr sul>sequcntly remarries, such memlx-r shall notify such trustees of such remarriage, and contributions for spouses' benefits shall be reinstated. If a mcml)er ceases making contributions for spouses' Ixmefits for any reason provided lor herein, there shall l>c no return of contributions for such spouses' benefits to the member."
Section 2. Said Act is further amended by striking the first sentence in Section 10 in its entirety and inserting in lieu thereof the following sentence:
"The payment into said fund of five percent (or seven and one-half percent) of the State salary shall be deducted by the Department of Ad ministrative Services monthly Irom the salary of each district attorney who is a member of the retirement fund created by this Act."
Section 3. Said Act is further amended by striking the last sentence in Section 12 in it entirety and inserting in lieu thereof the following:
"However, in the case of the death of any district attorney receiving l)enefits from his retirement fund at the time of his death, and not surviv ed by a spouse, or of a surviving spouse of a district attorney receiving l)enefits, where neither the district attorney, his surviving s|)ouse. or both, have received the total amount, without interest, paid by him to said fund, his estate shall receive from said fund the remainder of his payments thereto".
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section S. All laws and parts of laws in conflict with this Act are hereby rc|Xalcd.

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.

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Brown of 47th Bryant Carter Coverdefl Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Howard Hudson Kennedv Kidd Land Langtord Lester McGill Overbv Paulk '

Those voting in the negative were Senators:

Broun of 46th Scott

Stumbaugh Tysinger

Reynolds Robinson Starr Stephens Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Bell Bond Brantley Cobb Dean

Hill Holloway (presiding) Horton Hudgins Johnson

Littlefield Riley Russell

On the passage of the bill, the yeas were 38, nays 4.
' The bill, having received the requisite constitutional majority, was passed bysubstitute.

Senator Gillis of the 20th assumed the Chair.
SB 237. By Senators Lester of the 23rd and Starr of the 44th: A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to provide certain additional qualifications tor licensure of agents and counselors for life or accident and sickness insurance and for the making of annuity contracts.

THURSDAY. JANUARY 31, 1980

689

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 237:

ABILL
To be entitled an Act to amend Code Title 56, known as the Georgia In surance Code, so as to provide certain additional qualifications for licensure of agents and counselors for life or accident and sickness insurance and for the making of annuity contracts; to authorize the Insurance Commissioner to require continuing education as a prerequisite lor the renewal for the licenses of insurance agents, solicitors, brokers, counselors, and adjusters; to conform certain related laws to the provisions of the Act; to provide for other matters relative to the foregoing; to provide legislative intent; to pro vide an effective date; to provide for application; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding a new Section after Code Section 56-S()3a, to be designated Code Section 56-803. la, to read as follows:
"56-803.la. Qualifications for license; exceptions.--(!) For the protection of the people of this State, the Commissioner shall not issue, continue, or permit to exist any license unless the issuance, continuance, or existence of the license is in compliance with the provisions of this Chapter and unless the individual who is licensed or to be licensed:
(a) Is a resident of this State who will reside and lie present within this State for at least six months of every year: Provided, however, in cities, towns, or trade areas (either unincorporated or comprised of two or more incorporated cities or towns) located partly within and partly without the State, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to such residence and place of business.
(b) If an applicant for a license as counselor, has shown that he has had five years' experience acting as an agent or in some other phase of the insurance business which in the opinion of the Commissioner has qualified him to act as such counselor and passes such examination as shall be required by the Commissioner.
(c) If an applicant lor an agent s license other than as provided in subsection (3), below, and Code Section 56-808a, has:
(I) Successfully completed classroom courses in insurance satislactory to the Commissioner at a sch(X)l, college, or extension division thereof, or schools operated by an insurance company or an insurance association approved by the Commissioner for such applicant; or

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JOURNAL OF THE SENATE,

(II) Completed correspondence courses in insurance satisfactory to the Commissioner and has had at least six months of responsible in surance duties as a substantially full-time bona fide employee of an agent, an insurer, their managers, general agents, or representatives in the kind or kinds of insurance for which he seeks to be licensed; or
(HI) Had at least one year in responsible insurance duties as a substantially full-time bona fide employee of an agent, an insurer, their managers, general agents, or representatives in the kind or kinds ol in surance for which he seeks to be licensed, without the education require ment mentioned in subparts (I) or (II) above.
(2) Where applicant's qualifications as required in subparts (II) or (III) of subsection (1) (c) are based in part upon the periods of employ ment at responsible insurance duties prescribed therein, the applicant shall submit with his application for license, on a form prescribed by the Commissioner, an affidavit setting forth the period of such employment and a statement that the same was substantilly full time, and giving a brief abstract of the nature of the duties performed by the applicant.
(3) An individual who was qualified to sit lor an agent s examina tion at the time he was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permitted to take an examination if applica tion for such examination is made within 90 days alter the date ol ter mination ol his employment with the Commissioner.
(4) This Section does not apply as to any temporary license provided for in Code Section 50-81 la or as to any licensee pursuant to Code Sec tion 5o-8()8a.

Section 2. Said Code Title is further amended by adding in Code Sec tion 50-807a, relating to issuance of licenses, after the following:
"Chapter 50-13",
wherever the same shall appear, the lollowing:
"and Section 50-803. la",
so that when so amended Code Section 50-807a shall read as follows:
"50-807a. Notice as to results of examination; issuance of license; types ol licenses.--(1) II the Commissioner is satisfied that the applicant is trustworthy and competent and the applicant, il required, has passed a written examination and has met the requirements of Chapter 50-13 and Section 50-803. la. the Commissioner shall forthwith issue a license limited to the insurer and class or classes ol insurance for which the agent is to be appointed. If the applicant has not passed his written examina tion or for any of the reasons set forth in Section 50-813a. the Commis sioner shall notify the applicant and the insurer, in writing, that a license w ill not be issued to him.

THURSDAY. JANUARY 31. 1980

691

(2) In any case where a license is applied for to represent an insurer authorized in this State to transact an accident and sickness, as well as a life insurance, business, the Commissioner may, on request of the appli cant, issue a single license authorizing the applicant to represent the in surer with respect to both types of business; Provided, that the applicant, in addition to qualifying under this Chapter, has satisfied the Commis sioner as required by the laws of this State and the regulations of the Commissioner, if any, that he is competent to represent such insurer with respect to life insurance and the types of accident and sickness insurance issued by it.
(3) If, as to counselors, the Commissioner is satisfied that the appli cant is trustworthy and competent and the applicant, if required, has passed a written examination, and has met the requirements of Chapter 56-13 and Section 56-803.la, the Commissioner shall forthwith issue a license."
Section 3. Said Code Title is further amended by striking in its entirety subsection (2) of Code Section 56-S10a, relating to expiration and renewal of licenses, and inserting in lieu thereof a new subsection (2) of Code Section 56-8 lOa to read as follows:
"(2) (a) In the absence of a contrary ruling by the Commissioner, license renewals may be issued from year to year upon request of the in surer, without further action on the part of an agent; Provided, however, that no license shall be issued to an agent or counselor unless the licensee has paid fees and taxes as provided in Chapter 56-13 and has successlully completed such continuing education as the Commissioner may require.
(b) Continuing education requirements imposed by the Commis sioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year.
(c) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pur suant to this subsection for each live years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements.
(d) The continuing education requirements provided for in this subsection shall not apply to:
(I) Those persons who are licensed by the Commissioner and who hold one or more limited licenses as described in Section 56-805a(l) (b) or(c).
(II) Those persons aged 65 or older who have been continuously licensed and employed as an insurance agent or counselor for 25 years or more.
(e) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education re quirements.

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JOURNAL OF THE SENATE,

(f) Any licensed agent satisfying the continuing education re quirements of this subsection shall be exempted from any additional con tinuing education requirements as set forth in Section 56-814b."
Section 4. Said Code Title is further amended by striking in its entirety Code Section 56-814b, relating to expiration and renewal of licenses and substituting in lieu thereof a new Code Section 56-8 14b to read as follows:
"56-814b. Expiration and renewal of licenses; fee.--(1) At midnight of the last day in December in every year, each license then in effect shall expire unless renewed.
(2) (a) Upon the filing of an application for renewal accompanied by fees as provided for in Chapter 56-13 and upon successful completion bv the applicant of such continuing education as the Commissioner may re quire, a renewal for one yearly period ending at the end of December shall be issued by the Commissioner without further examination, in vestigation, or inquiry.
(b) Continuing education requirements imposed by the Commis sioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year.
(c) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pur suant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements.
(d) The continuing education requirements provided for in this subsection shall not apply to:
(I) Those persons who are licensed by the Commissioner and who hold one or more limited licenses as described in Section 56-81 lb(l), (2), (3), or (5).
(II) Those persons aged 65 or older who have been continuously licensed and employed as an insurance agent or broker for 25 years or more.
(e) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education re quirements.
(f) Any licensed agent satisfying the continuing education re quirements of this subsection shall be exempted from any additional con tinuing education requirements as set forth in Section 56-81 Oa.
(3) If the Commissioner, after conforming to procedure for a hear ing as set forth in Chapter 56-2 makes a determination that such renewal should be refused or the license revoked or suspended, or the application discloses a disqualification the license shall not be renewed.

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(4) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. Such rules shall be promulgated so as to divide the alphabet, as related to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding calendar year.'
Section 5. It is hereby expressly declared to be the intent of the General Assembly that, in the event any other Act of the 1980 Regular Session of the General Assembly amends Code Section 56-8 Mb to change or authorize the change of date for expiration of or application and payment of lees lor the licenses subject to Section 50-814b, the content and language of Section 50814b as set forth in this Act shall prevail over any content or language ol Section 50-814b set forth in the other Act regardless of the effective date of the other Act.
Section 0. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that the provisions of this Act shall apply only to licenses granted, issued, or renewed on or after January 1. 1981.
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
Barker Brown of 47th Bryant Cobb English Fincher of 52nd Finchcr of 54th Foster

Greene
Hill Hudgins Johnson Kennedy Kidd Lester McGill Overby

Paulk
Reynolds Starr Stephens Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Barnes

Bond Brantley

Covcrdcll Dean

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Evans Howa rd Hudson

JOURNAL OF THE SENATE,
Land Scott Stumbaugh

Summers S utton Tysinger

Those not voting were Senators:

Bell Broun of 46th Carter Elclridge Gillis (presiding)

Hollowav Horton Langford Littlefield Riley

On the passage of the bill, the yeas were 27, nays 15.

Robinson Russell Tate

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Lester of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 237. .

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 bills of the House:

HB 651. By Representatives Walker of the 115th, Culpepper of the 98th, Ham of the 80th and others:
A bill to amend an Act providing for a tax on certain deeds, instruments and other writings transferring real estate so as to exempt from taxation deeds, instruments and other writings to which the United States, the State of Georgia, any agency, board, commission, department or political subdivi sion of either the United States or the State of Georgia, or any public cor poration or authority is a party.

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carries of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate, and unsafe electrical, plumbing, and con ditioned air fixtures and systems through the regulation of electrical con tractors, plumbers, and conditioned air contractors.

The House insists on its position in substituting the following bill of the Senate:

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695

SB 43. By Senator Stumbaugh ot the 55th:
A bill to amend an Act providing for the grant of visitation rights to the grandparents of certain children, approved Feb. 27, 1976 (Ga. Laws 1976, p. 247), so as to provide that the superior court may, upon petition thereto for a writ of habeas corpus, grant grandparents reasonable visitation rights as the court shall determine.

The President resumed the Chair.

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

SB 386. By Senators Wessels of the 2nd, Lestcr of the 23rd and Turner of the 8th:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to describe illegal practices relating to the use of financial transaction cards; to provide for definitions.

The Senate Committee on Banking, Finance, and Insurance ottered the following substitute to SB 386:

A BILL
To be entitled an Act to amend Code Chapter 26-17, relating to decep tive practices, as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 128) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 473), so as to describe illegal practices relating to the use of financial transaction cards; to provide for definitions; to define thett, forgery, and fraud of financial transaction cards; to define criminal posses sion ot financial transaction card forgery devices; to define criminal receipt of goods and services fraudulently obtained; to provide for a presumption of criminal receipt of goods and services fraudulently obtained; to provide for penalties and punishment; to provide for publication of information regard ing schemes, devices, means, or methods tor financial transaction card fraud or thett ot telecommunication services; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 26-17, relating to deceptive practices, as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 128) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 473), is hereby amended by striking Code Sections 26-1705 through 26-1705.10 in their entirety and inserting in lieu thereof new Code Sections 26-1705 through 26-1705.9 to read as follows:
"26-1705. Illegal use ot financial transaction cards. The following words and phrases as used in Code Sections 26-1 705 through 26-1 705.8,

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unless a different meaning is plainly required by the context, shall have the following meanings:

(1) 'Automated banking device' means any machine which when properly activated by a financial transaction card and personal iden tification code may be used for any of the purposes for which a financial transaction card may be used.
(2) 'Card holder' means the person or organization named on the lace of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer.
(3) 'Expired financial transaction card' means a financial transac tion card which is no longer valid because the term for which it was issued has elapsed.
(4) 'Financial transaction card' or 'FTC' means any instrument or device, whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the card holder:
(A) in obtaining money, goods, services, or anything else of value; or
(B) in certifying or guaranteeing to a person or business the availability to the card holder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business; or
(C) in providing the card holder access to a demand deposit ac count, savings account, or time deposit account for the purpose of:
(i) making deposits of money or checks therein; or
(ii) withdrawing funds in the form of money, money orders, or traveler's checks therefrom; or
(iii) transferring funds from any demand deposit account, savings account, or time deposit account to any other demand deposit account, savings account, or time deposit account; or
(iv) transferring funds from any demand deposit account, savings account, or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein; or
(v) for the purchase of goods, services, or anything else of value; or
(vi) obtaining information pertaining to any demand deposit ac count, savings account, or time deposit account.
(5) 'Issuer' means the business organization or financial institution or its duly authorized agent which issues a financial transaction card.

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(6) 'Personal identification code' means a numeric or alphabetical code, signature, photograph, fingerprint, or any other means of elec tronic or mechanical confirmation used by the card holder of a financial transaction card to permit authorized electronic use of that financial transaction card.
(7) 'Presenting' means, as used herein, those actions taken by a card holder or any person to introduce a financial transaction card into an automated banking device, with or without utilization ot a personal iden tification code, or merely displaying or showing, with intent to defraud, a financial transaction card to the issuer, or to any person or organiza tion providing money, goods, services, or anything else of value, or to any other entity.
(8) 'Receives' or 'receiving' means acquiring possession or control or accepting a financial transaction card as security for a loan.
(9) 'Revoked financial transaction card means a financial transac tion card which is no longer valid because permission to use it has been suspended or terminated by the issuer.

26-1705.1. Financial transaction card theft, (a) A person is guilty of financial transaction card theft when:
(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the card holder's consent; or who, with knowledge that it has been so taken, ob tained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the card holder; or
(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or ad dress of the card holder; and who retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the card holder; or
(3) He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer; or
(4) He, not being the issuer, during any 12 month period, receives two or more financial transaction cards in the names of persons which he has reason to know were taken or retained under circumstances which constitute a violation of paragraph (3) of subsection (a) of Code Section 26-1705.3 and paragraph (3) of subsection (a) of this Code section.
(b) Taking, obtaining, or withholding a financial transaction card without consent of the card holder or issuer is included in conduct defin ed in Code Section 26-1802 as theft by taking.
(c) Conviction of financial transaction card theft is punishable as provided in subsection (b) of Code Sect ion 26-1705.8.

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(d) When a person has in his possession or under his control two or more financial transaction cards issued in the names of persons other than members of his immediate family or without the consent of the card holder, such possession shall he prima facie evidence that such financial transaction cards have been obtained in violation of Code Section 20170S. I (a).
20-170S.2. Forgery of financial transaction card, (a) A person is guilty of financial transaction card forgery when:
(1) With intent to defraud a purported issuer, a person or organiza tion providing money, goods, services, or anything else ol value, or any other person, he falsely makes or falsely embosses a purported financial transaction card; or
(2) With intent to defraud a purported issuer, a person or organi/.ation providing, money, g(xls. services, or anything else of value, or any other person, he falsely encodes, duplicates, or alters existing encoded in formation on a financial transaction card or utters such a financial trans action card; or
(3) He. not being the card holder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value, or any other person, signs a financial transaction card.
(b) A person falsely makes a financial transaction card when tie makes or draws, in whole or in part, a device or instrument which pur ports to l>e the financial transaction card of a named issuer but which is not such a financial transaction card because the issuer did not authorize the making or drawing, or alters a financial transaction card which was validly issued.
(c) A person falsely embosses a financial transaction card when, without authorization of the named issuer, he completes a financial transaction card by adding any of the matter, other than the signature of the card holder, which an issuer requires to appear on the financial trans action card before it can be used by a card holder.
(d) A person falsely encodes a financial transaction card when, without authorization of the purported issuer, he records, erases, or otherwise alters magnetically, electronically, electromagnetic-ally, or by any other means whatsoever, information on a financial transaction card which will permit acceptance of that card by any automated banking device.
(e) Conviction of financial transaction card forgery shall lie punishable as provided in subsection (b) of Code Section 20-170S.S.
(f) When a person, other than the purported issuer, possesses two or more financial transaction cards which are falsely made, falsely encod ed, or falsely embossed, such possession shall Ix; prima lacie evidence that said cards were obtained in violation of Code Section 2017()5.2(u)( I) or Code Section 26-1705.2(a)(2).

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699

26-1705.3. Financial transaction card fraud, (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:

(1) uses for the purpose of obtaining money, goods, services, or anything else of value a linancial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Code Section 26-1705.1 or 26-1705.2, or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Code Section 26-1705.3(d);
(2) obtains money, goods, services, or anything else of value by:
(A) representing without the consent of the card holder that he is the holder of a specified card; or
(B) presenting the financial transaction card without the authorization or permission of the card holder; or
(C) falsely representing that he is the holder of a card and such card has not in fact been issued;
(3) obtains control over a financial transaction card as security for debt;
(4) deposits into his account or any account, by means of an automated banking device, a false, fictious, forged, altered, or counterfeit check, draft, money order, or any other such document not his lawful or legal property; or
(5) receives money, goods, services, or anything' else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above-deposited item was not his lawful or legal property.
(b) A person who is authorized by an issuer to furnish money, gtxxls, services, or anything else of value upon presentation of a financial transaction card by the card holder; or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the card holder, he:
(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Code Section 26-1705.1 or a linancial transaction card which he knows is forged, expired, or revoked; or
(2) alters a charge ticket or purchase ticket to reflect a larger amount than that approved by the card holder; or

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(3) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.
(c) Conviction of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (a) of Code Section 26-1 705.8 if the value of all money, goods, services, and other things of value furnished in violation of this Code sec tion, or it the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this Code section, does not exceed $100.00 in any six-month period. Convic tion of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (b) of Code Section 26-1705.8 if such value exceeds $100.00 in any six-month period.
(d) A person is guilty of financial transaction card traud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, employer, financial condition, assets, or liabilities; or willfully and substantially overvalues any assets; or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 26-1705.8.
(e) A card holder is guilty of financial transaction card fraud when he willfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disap pearance, or nonreceipt of his financial transaction card and personal identification code. Conviction of financial transaction card fraud as prvided in this subsection is punishable as provided in subsection (b) of Code Section 26-1705.8.
(f) In any prosecution for violation of Code Section 26-1705.3, the state is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, coun ty, or local jurisdiction.
(g) For purposes of this Code section, revocation shall be construed to include either notice given in person or notice given in writing to the per son to whom the financial transaction card and personal identification code was issued. Notice of revocation shall be immediate when notice is given in person. The sending of a notice in writing by registered or cer tified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be prima facie evidence that such notice was duly received after seven days from the date of deposit in the mail. If the address is located outside the United States, Puerto, Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail.

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26-1705.4. Criminal possession of financial transaction card forgery devices, (a) A person is guilty of criminal possession of financial transac tion card forgery devices when:
(1) he is a person other than the card holder and possesses two or more incomplete financial transaction cards with intent to complete them without the consent of the issuer; or
(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation ot such financial transaction cards.
(b) A financial transaction card is incomplete if part of the matter other than the signature of the card holder, which an issuer requires to appear on the financial transaction card before it can lie used by a card holder, has not yet been stamped, embossed, imprinted, encoded, or writ ten upon.
(c) Conviction of criminal possession of financial transaction card forgery devices is punishable as provided in subsection (b) of Code Sec tion 26-1705.8.
26-1705.5. Criminal receipt of goods and services fraudulently ob tained. A person is guilty of criminally receiving goods and services fraudulently obtained when he receives money, goods, services, or anything else of value obtained in violation of subsection (a) of Code Sec tion 26-1705.3 with the knowledge or belief that the same were obtained in violation of subsection (a) of Code Section 26-1705.3. Conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (a) of Code Section 26-1705.8 if the value of all money, goods, services, and anything else of value, obtained in violation of this Code section, does not exceed $100.00 in any sixmonth period; conviction of criminal receipt ol goods and services fraudulently obtained is punishable as provided in subsection (b) of Code Section 26-1705.8 if such value exceeds $100.00 in any six-month period.
26-1705.6. Rebuttable presumption of criminal receipt of g(xxls and services fraudulently obtained. A person who obtains at a discount price a ticket issued by an airline, railroad, steamship, or other transportation company from other than an authorized agent ol such company which was acquired in violation of subsection (a) of Code Section 26-1705.3 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be rcbuttably presumed to know that such ticket was acquired under circumstances constituting a violation of subsection (a) of Code Section 26-1705.3, if said ticket shows on its face that it was issued through the use of a financial transac tion card or that it is otherwise 'nonrefundable.'
26-1705.7. Unauthorized use. Any person who has been issued or entrusted with a financial transaction card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount of charges that can be made with said financial transaction card.

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and said person uses the said financial transaction card in a manner and for purposes not authorized in order to obtain or purchase money, g(xxls. services, or anything else ol value, shall be punished as provided in subsection (a) of Code Section 26-1705.8.
26-1705.8. Punishment and penalties, (a) A person who is subject to the punishment and penalties of this Code section shall be fined not more than $ 1,000.00 or imprisoned not less than one year, nor more than two years, or both.
(b) A crime punishable under this Code section is a felony and shall be punishable by a fine of not more than $5,000.00 or imprisonment for not less than one year, nor more than three years, or both.
26-1705.9. Publication of information regarding schemes, devices, means, or methods for financial transaction card fraud or thelt or telecommunication services, (a) A person who publishes the numlxr or code of an existing, canceled, revoked, or nonexistent telephone numlxr, credit number, or other credit device, or method ol numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evidencing an intent to have such telephone number, credit number, credit device, or method of numbering or coding so used shall be punished as provided in subsection (a) of C<xle Section 26-1705.8.
(b) As used in this Code section, 'punish' means the communication or dissemination ol information to any one or more persons, either orally, in person, or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.
(c) An oflense under this Code section may be deemed to have been committed at either the place at which the publication was initiated or at which publication was received or at which the information so published was utilized to avoid or attempt to avoid the payment ol any lawful telephone or telegraph charge."
Section 2. All laws and part of laws in conflict with this Act are hereby repealed.

On the adoption ol the substitute, the yeas were 29, nays 0. and the substitute was adopted.
The report ol 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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703

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barncs Bond Brantlev Broun of 40th Brown of 47th Bryant Carter Cobb Covcrdell Dean Eldridge English Evans

Fincher of 52nd Fineher of 54th Foster Gillis Greene Hill Hollowav Horton Hudgins Hudson Johnson Kennedy Kidd Land Lcster McGill

Overbv Paulk' Reynolds Rilry Robinson Scott Starr Stephens Stumbaugh Summers Thompson Tiinmons Turner Tvsinger Walker Wessels

Those not voting were Senators:

Bell Howard Landlord

Littlefield

Tate

Russell

Sutton

On the passage of the bill, the yeas were 48. na\ s 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 House action thereon:
HB 1203. By Representatives Lamt>crt ot the 112th. Hatcher of the 131 st. Harris of the 8th and others: A bill to be entitled an Act to make and provide appropriations tor the tiscal year 1979-80, known as the "General Appropriations Act '. so as to change certain appropriations for the fiscal year 1979-80; to make language and other changes.
Senator Broun of the 40th moved that the Senate adhere to the Senate substitute to HB 1203 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 substitute to HB 1203.

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The President appointed as a Conference Committee on the part of the Senate the following:

Senators Riley of the 1st, Broun of the 46th and Holloway of the 12th.
Senator Holloway of the 12th moved that the following local bill of the House be immediately transmitted to the House:
HB 1242. By Representatives Hatcher of the 131st, Parkman of the 134th, Hutchinson of the 133rd and White of the 132nd: A bill to amend an Act providing for the merger of the then existing indepen dent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1242 was immediately transmitted to the House.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 651. By Representatives Walker of the 1 15th, Culpepper of the 98th, Ham of the 8()th and others: A bill to amend an Act providing for a tax on certain deeds, instruments and other writings transterring real estate so as to exempt from taxation deeds, instruments and other writings to which the United States, the State of Georgia, any agency, board, commission, department or political subdivi sion of either the United States or the State of Georgia, or any public cor poration or authority is a party.
Senator Overby ol the 49th moved that the Senate recede from the Senate amend ment to HB 65 1.
On the motion, a roll cull 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 Bryant

Carter Cobb Coverdell Dean

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705

Eldridge English Evans Fincherof 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins

Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds Robinson Scott

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

Those not voting were Senators:

Barnes Bell

Little-field Rile

Russell

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 651.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 397. By Senators Foster of the 50th and Lester of the 23rd: A bill to amend Code Chapter 91 A-13, relating to county tax officials and administrative provisions, so as to require the publication of the names of certain delinquent taxpayers.

The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 397:
A BILL
To be entitled an Act to amend Code Chapter 91 A-13, relating to coun ty tax officials and administrative provisions, so as to require the publica tion of the names of certain delinquent taxpayers; to provide for other mat ters relative to the foregoing; to provide for other matters relative to the foregoing; to provide for notice to certain taxpayers; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 91 A-13, relating to county tax officials and ad ministrative provisions, is hereby amended by adding a new Section after Code Section 91A-1361.1, to be designated Code Section 91A-1361.2, to read as follows:
"91 A-1361.2. Advertisement of tangible property with delinquent taxes, (a) On or before February 1 in each year, the tax collector or tax commissioner in each county shall advertise a list of those tangible prop erty taxpayers whose tangible property taxes in the county have been delinquent for one year or more. The advertisement shall state the amount of tax owed by each such taxpayer which has been delinquent one year or more and shall include a notice that the amount of delinquent taxes is drawing interest at the rate specified by law. The advertisement shall be run in a newspaper of general circulation in the county.
(b) The tax collector or tax commissioner shall not publish the names of taxpayers who are engaged in litigation concerning their tax liability.
(c) At least ten days prior to publication under this section, the tax collector or tax commissioner shall mail a notice of intention to the delin quent taxpayer at his last known address stating that the name of the delinquent taxpayer and the amount owed will be published in a newspaper of general circulation in the county unless the delinquent taxes are paid in full within three days.
(d) The costs of advertisements run pursuant to this section shall be paid from county funds."

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

Senator Howard of the 42nd offered the following amendment:
Amend SB 397 by striking from Page 1, line 23 following the word "in" the remainder of the sentence and adding in lieu thereof the following:
"in the legal organ of the county".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment offered by Senator Howard of the 42nd was adopted.

Senators Foster of the 50th and Starr of the 44th offered the following amendment:
Amend the substitute to SB 397 offered b the Senate Committee on Banking, Finance and Insurance by striking the following on lines 23 and 24 on Page 1:
"a newspaper of general circulation"

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707

and inserting the following:
"the officially designated legal organ in the county."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment offered by Senators Foster of the 50th and Starr of the 44th was adopted.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Barker Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby

Those voting in the negative were Senators:

Allgood

Hill

Greene

Tate

Paulk Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker
Wessels

Those not voting were Senators:

Ballard Barnes Bell

Broun of 46th Johnson Littlefield

Riley Russell Stephens

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 41, nays 5.

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

SB 414. By Senators Walker of the 19th, Gillis of the 20th, Hudgins of the 15th and others: A bill to amend Code Title 45, known as the "Game and Fish Code", as amended, so as to delete the phrase authorizing annual raccoon trapping in certain areas of the State.
Senator Hudgins of the 15th offered the following amendment:
Amend SB 414 by adding a new Section 3 to read as follows: "Section 3. There shall be no trapping in the City of Columbus,
Georgia, at any time.", and by renumbering Sections 3 and 4 as Sections 4 and 5.
On the adoption of the amendment, the yeas were 27, nays'7, 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 Barker Bond Brantlev Broun of 46th Brown of 47th Bryant Ca rter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy

Kidd Land Langford Lester McGill Overby Paulk Reynolds Riley Robinson Seott Starr Stephens Stumbaugh

THURSDAY, JANUARY 31, 1980

709

Summers Tate Thompson

Timmons Turner Tysinger

Walker

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Barnes Bell

Littlelield Russell

Wessels

On the passage of the bill, the yeas were 49, nays 1.
The bill, having reeeived the requisite constitutional majority, was passed as amended.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 450. By Senator Howard of the 42nd:
A bill to provide protections for residents in long-term care facilities; to pro vide a short title; to define certain terms; to require reports by certain per sons concerning abuse, neglect or exploitation; to require investigations of reports of abuse and neglect.
The Senate Committee on Human Resources offered the following substitute to SB 450:
A BILL
To be entitled an Act to provide protections for residents in long-term care facilities; to provide a short title; to define certain terms; to require reports by certain persons concerning abuse, neglect or exploitation; to re quire investigations of reports of abuse and neglect; to specify duties of the Department of Human Resources and certain law enforcement agencies; to provide for confidentiality of reports; to provide immunity for certain per sons; to prohibit retaliation; to provide for penalties; 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 Title 88, known as the "Georgia Health Code," as amended, is hereby amended by adding a new Code Chapter 88-19c, to read as follows:

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JOURNAL OF THE SENATE,

"88-1901 c. Short Title. This Act shall be known as the 'Long-Term Care Facility Resident Abuse Reporting Act.'
88-1902c. Definitions. As used in this Act:
(a) 'Department' means the Department of Human Resources
(b) 'Resident' means any person receiving treatment or care in a long-term care facility.
(c) 'Long-Term Care facility' or 'facility' means any skilled nursing home, intermediate care home, or personal care home now or hereafter subject to regulation and licensure by the Department.
(d) 'Abuse' means any intended or reckless act or series of acts, or omissions to act, which threaten or cause physical or mental injury or distress to a resident, including but not limited to, assault or battery, failure to provide treatment or care, or sexual or other harassment of the resident.
(e) 'Exploitation' means an unjust or improper use of another person or his property for one's own profit or advantage.
(f) 'Neglect' means failure to provide proper medical, remedial, or other support and care necessary for the resident's well-being, or subject ing the resident to an environment injurious to resident's welfare.
88-1903c. Reporting of abuse, neglect, or exploitation, (a) Any ad ministrator, manager, physician, nurse, nurse's aid or orderly or other employee in a hospital or facility, and any medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, psychologist, or employee of a public or private agency engaged in professional ser vices to residents or responsible for inspection of long-term care facilities, who has reasonable cause to suspect or believe that any resident or former resident has been abused, neglected, or exploited while residing in a facility, shall immediately make a report as described in subsection (c) if this Section by telephone or in person to the Department or appropriate law enforcement agency. In the event that an immediate report to the Department is not possible, the person shall make the report to the ap propriate law enforcement agency. Such person shall also make a written report to the Department within 24 hours after making the initial report.
(b) Any other person who has reasonable cause to suspect or believe that a resident or former resident has been abused, neglected, or ex ploited while residing in a facility may report or cause a report to be made to the Department or appropriate law enforcement agency.
(c) A report of suspected abuse, neglect, or exploitation shall include the following:
(1) Name and address of person making the report unless such per son is not required to make a report.
(2) Name and address of the resident or former resident.

THURSDAY, JANUARY 31, 1980

711

(3) Name and address of the facility.
(4) Nature and extent of any injuries or condition resulting from the suspected abuse, exploitation or neglect.
(5) The suspected cause of the abuse, neglect, or exploitation.
(6) Any other information which the reporter believes might be helpful in determining the cause of the resident's injuries or condition, and in determining the identity of the person or persons responsible for the abuse, neglect or exploitation.
(d) Upon receipt of a report of abuse, exploitation, or neglect, the Department may notify the appropriate law enforcement agency. In the event a report is made to a law enforcement agency, under Subsection (a) or (b) above, that agency shall immediately notify the Department.
(e) The Department shall maintain accurate records which shall in clude all reports of abuse, neglect, or exploitation; the results of all in vestigations, administrative or judicial proceedings; and a summary of actions taken to assist the residents.

88- 1904c.Investigations, (a) The Department shall initiate an in vestigation within 24 hours after the receipt of any report. The Depart ment shall direct and conduct all investigations; however, it may delegate the conduct of investigations to local police authorities or other appropriate agencies. If such delegation occurs, such other agency must report the results of its investigation to the Department immediately upon completion.
(b) The investigation shall determine the nature, cause, and extent of the reported abuse, neglect, or exploitation, an assessment of the current condition of the resident, and an assessment of needed action and ser vices. This investigation must include a prompt visit to the resident.
(c) The investigating agency shall collect and preserve all evidence relating to the suspected abuse, neglect, or exploitation.
(d) All state, county and municipal law enforcement agencies, employees of long-term care facilities, and other appropriate persons shall cooperate with the Department or investigating agency in carrying out the provisions of this Chapter.
88-1905c. Protection of the resident, (a) Upon the receipt of the results of an investigation the Department, in cooperation with the in vestigating agency, shall immediately evaluate such results to determine what actions shall be taken to assist the resident.
(b) The Department or an agency designated by the Department shall assist and prevent further harm to a resident who has been abused, neglected or exploited. The Department shall also take action to assure the safety and welfare of all other residents of the facility where necessary.

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JOURNAL OF THE SENATE,

(c) Within a reasonable time not to exceed 30 days after it has ini tiated action to assist a resident, the Department shall determine the cur rent condition of the resident, whether the abuse, neglect, or exploitation has been abated, and whether continued assistance is necessary.
88-1906c. Referral for prosecution, (a If as a result of an investiga tion a determination is made that a resident has been abused, neglected or exploited, the Department shall contact the appropriate prosecuting authority, and provide all information and evidence to such prosecuting authority.
88-1907c. Immunity, (a) Any person or agency who in good faith makes a report, or provides information or evidence, pursuant to this Chapter shall be immune from liability for such actions.
(b) For the purposes of any proceedings, the good faith of any per sons reporting or providing information or evidence pursuant to this Chapter shall be presumed.

88-1908c. Confidentiality. The identity of the resident, the alleged perpetrator, and persons making a report or providing information or evidence, shall not be disclosed to the public unless required to be reveal ed in court proceedings or upon the written consent of the person whose identity is to be revealed or as required by other statutes. Upon the resi dent's or his representative's request the Department shall make informa tion obtained in an investigation available to an allegedly abused, neglected or exploited resident or his representative for inspection or duplication except that such disclosure shall be made without revealing the identity of any other resident by name or inference.
88-1909c. Retaliation prohibited. No person shall discriminate or retaliate in any manner against any person making a report or providing information pursuant to this Chapter or against any resident who is the subject of a report.
88-19 lOc. Penalty for failure to report. Any person required to report resident abuse, neglect or exploitation pursuant to Section 8819()3c of this Chapter, who fails to report to the Department or law en forcement agency is guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.
88-191 Ic. Penalty for violating Chapter. Any person violating any provision of this Chapter is guilty of a misdemeanor and, upon convic tion, shall be punished as for a misdemeanor.
88-1912c. Notice. The Department shall prepare a written notice describing the reporting requirements pursuant to this Chapter. Such notice shall be distributed to all long-term care facilities and hospitals in the State, and such notices shall be posted in conspicuous locations within facilities and hospitals.
88-I913c. Rules and regulations. The Department is authorized to promulgate rules and regulations in order to promote statewide unifor-

THURSDAY, JANUARY 31, 1980

713

mity in the handling of reports, to assure cooperation with law enforce ment and other appropriate agencies in the handling ot investigations, to implement procedures for assisting abused, neglected or exploited residents, and to implement other provisions of this Chapter."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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.

Senator Howard of the 42nd ottered the following amendment:
Amend the substitute to SB 450 ottered by the Senate Committee on Human Resources by striking from Page 2, line 29 the following:

and inserting in lieu thereof the following: "of".
Senator Greene of the 26th ottered the following amendment:
Amend the substitute to SB 450 offered by the Senate Committee on Human Resources by adding on Page 6, line 7 after the word "who", the word "wilfully", and by adding on Page 6, line 1 1 after the word "person" the word "wilfully".
Senator Ballard of the 45th ottered the following amendment:
Amend the substitute to SB 450 offered by the Senate Committee on Human Resources by striking on Page 6, lines 4 through 13 in their entirety; and by striking on Page 1, line 9 the following:
"to provide for penalties;".

714

JOURNAL OF THE SENATE,

Senator Greene of the 26th offered the following amendment:

Amend the substitute to SB 450 offered by the Senate Committee on Human Resources by striking on Page 2, line 34 the following:
"within 24",
and
inserting in lieu thereof the following:
"if requested by the Department within two (2) weeks after receiving the request from the Department.",
and
by striking on Page 2 line 35 in its entirety.

Senator Evans of the 37th offered the following amendment:
Amend the substitute to SB 450 offered by the Senate Committee on Human Resources by inserting on Page 6 a new section to come before Sec tion 88-1913C and to be numbered accordingly, the following:
"Any person required under this Act to report incidents of abuse, ex ploitation or neglect who fails to report such incident may be sued in a civil action by the resident or residents suffering from such incidents for actual and punitive damages and attorneys fees."

Senator Allgood of the 22nd moved that SB 450 be committed to the Senate Com mittee on Human Resources.

On the motion, 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 Barker Brantley Brown of 47th Bryant Carter Cobb English Evans Foster

Gillis Greene Hill Hudgins Kennedy Langford Lester McGill Overby Paulk

Reynolds Riley Stumbaugh Tate Timmons Turner Tysinger Walker Wessels

THURSDAY, JANUARY 31, 1980

715

Those voting in the negative were Senators:

Ballard Bond Broun of 46th Coverdell Dean Eldridge Fincher of 52nd Fincher of 54th

Horton Howard Hudson Johnson Kidd Land Littlef ield Robinson

Scott Starr Stephens Summers Sutton Thompson

Those not voting were Senators:

Barnes Bell

Holloway (presiding) Russell

On the motion, the yeas were 29, nays 22; the motion prevailed, and SB 450 was committed to the Senate Committee on Human Resources.
SB 453. By Senator Brown of the 47th:
A bill to amend Code Section 68-510, relating to the fixing of rates, fares, and charges of motor carriers by the commission, as amended, so as to pro vide for joint rate-making and other procedures and for compliance therewith; to amend the "Motor Common Carriers Act of 1931", as amend ed, so as to provide for joint rate-making and other procedures and for com pliance therewith.

The Senate Committee on Public Utilities offered the following amendment:
Amend SB 453 by striking on Page 1, line 20, Page 2, line 18, Page 2, line 33, and Page 3, line 21 the following:
"may",
and inserting in lieu thereof the following: "shall".
On the adoption of the amendment, 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 as amended, was agreed to.

716

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard
Barker
Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene
Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Barnes Bell Broun of 46th

Holloway (presiding) Hudgins Russell

Tysinger

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 484. By Senator Scott of the 43rd: A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to provide for certain additional payments to a local operating authority to be used exclusively to increase the compensation of faculty members of the college operated by said local operating authority.
Senator Scott of the 43rd moved that SB 484 be postponed until Monday, Feb ruary 4.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 484 was postponed until Monday, February 4.

THURSDAY, JANUARY 31, 1980

717

The President resumed the Chair.

SB 487. By Senators Coverdell of the 40th, Holloway of the 12th, Riley of the 1 st and others:
A bill to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to delete a provision relative to grants to hospital authorities operating teaching hospitals providing medical education and training for physicians.

The Senate Committee on Human Resources ottered the following substitute to SB 487:

A BILL
To be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to provide for payments to hospital authorities operating teaching hospitals providing medical education and training for physicians; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Sectionl. Code Chapter 88-18, relating to hospital authorities, as amended, is hereby amended by adding at the end of said Code Chapter, a new section to be designated Code Section 88-1825 to read as follows:
"88-1825. Authorities providing medical education, (a) The General Assembly finds that major hospital authorities in this state pro vide a valuable service benefiting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians. This service to the state is provided through residency pro grams ottered by these teaching hospitals. Through residency programs operated by state teaching hospitals, the state has recognized its respon sibility to fund the cost of training physicians, and it is the purpose of this section to recognize that the state has a similar responsibility when the medical education and training are provided by teaching hospitals operated by hospital authorities.
(b) As used in this section 'hospital authority' means a hospital authority operating a teaching hospital which otters a residency program approved by the American Medical Association.
(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority, the Depart ment of Human Resources shall pay $10,000.00 per annum to the hospital authority. Such payments shall be made quarterly based on cer tifications of the hospital authorities to the Department of Human Resources. The Board of Human Resources is hereby authorized to prom ulgate rules and regulations specifying procedures for making the cer tifications provided for herein and to establish a procedure for making payments to hospital authorities as provided herein.

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JOURNAL OF THE SENATE,

(d) The funds necessary to carry out the provisions of this section shall come from funds appropriated for such purpose to the Department of Human Resources. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities under subsection (c) of this section, the amount otherwise payable under said subsection shall be reduced pro rata in accordance with the funds actually appropriated for such purpose."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th offered the following amendment:

Amend the substitute to SB 487 offered by the Senate Committee on Human Resources by striking from Page 2, lines 7 and 8 the following:
"quarterly based on",
and by inserting in lieu thereof the following:
"based upon".

On the adoption of the amendment, the yeas were 36, nays D, and the amendment offered by Senator Holloway of the 12th was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Barker Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudson Johnson

Kennedy Kidd Land Lester McGill Overby Reynolds Riley Robinson Scott Starr Stephens

THURSDAY, JANUARY 31, 1980

719

Stumbaugh Summers Tate

Thompson Timmons Walker

Those voting in the negative were Senators:

Ballard Hill

Paulk Sutton

Those not voting were Senators:

Barnes Bell Hudgins

Langford Littlefield Russell

Wessels Turner Tysinger

On the passage of the bill, the yeas were 43, nays 5.

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

Senator Dean of the 31st moved that SB 487 be immediately transmitted to the House.

On the motion, the yeas were 43, nays 5; the motion prevailed, and SB 487 was im mediately transmitted to the House.

The following bills of the House were read the first time and referred to commit tees:

HB 1 146. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 27-407, relating to the duty of the court of in quiry, so as to provide that the committing magistrate may not dismiss cer tain criminal charges and convict the accused of an offense otherwise within the jurisdiction of the court of inquiry if the evidence upon which the con viction is to be based within the court of inquiry shall constitute the same circumstances for which the accused was originally charged with a viola tion of certain crimes.
Referred to Committee on Judiciary.

HB 1281. By Representatives Williamson of the 45th, Home of the 104th, Bray of the 70th and others:
A bill to amend the Campaign and Financial Disclosure Act, so as to change certain reporting requirements. Referred to Committee on Rules.

720

JOURNAL OF THE SENATE,

Senator Riley of the 1st moved that the Senate do now adjourn until 9:00 o'cloek A.M. tomorrow, and the motion prevailed.

At 1:12 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 1, 1980

721

Senate Chamber, Atlanta, Georgia Friday, February 1, 1980

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Johnson of the 34th moved that the Senate reconsider its action of January 31 in defeating the following bill of the Senate:
SB 237. By Senators Lester of the 23rd and Starr of the 44th: A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to provide certain additional qualifications for licensure of agents and counselors for life or accident and sickness insurance and for the making of annuity contracts.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 237 was reconsidered and placed at the foot of the Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 785. By Representatives Smith of the 42nd, Hutchinson of the 133rd, Jessup of the 117th and Jackson of the 9th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to provide for the automatic lapse of the effectiveness of the perfection of a security interest or lien in a "previously registered vehicle"; to provide for the filing of a continuation statement of a notice of security in terest or lien in a "previously registered vehicle".

722

JOURNAL OF THE SENATE,

HB 1039. By Representative Twiggs of the 4th:
A bill to repeal an Act creating the Towns County Industrial Development Authority; to abolish such authority.

HB 1083. By Representatives Lee of the 72nd, Benefield of the 72nd, Wood of the 72nd and Johnson of the 72nd:
A bill to amend Code Chapter 91A-60, relating to specific, business and oc cupation taxes, so as to prohibit municipalities from imposing certain oc cupational, income, and payroll taxes.

HB 1105. By Representatives Buck of the 95th, Ware of the 68th, Greer of the 43rd and others:
A bill to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967, so as to change provisions relative to certain definitions; to change the provisions relative to termination of membership, to change the provisions relative to applications for retirement and the effective date of retirement.

HB 1140. By Representatives Tolbert of the 56th, Williamson of the 45th, Johnson of the 72nd and others:
A bill to amend Code Section 91 A-1328, relating to the duties of tax collec tors, so as to delete the population limitation of the provision making it un necessary to issue receipts for payment of any tax or license fee by certain in struments so that said provision shall apply within all counties of the State.

HB 1184. By Representatives Evans of the 84th and Carrell of the 75th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," so as to provide that the State Board of Education shall establish procedures, policies and regulations to provide for partial alloca tions of special education leadership positions.

HB 1249. By Representatives Pilewicz of the 41st and Holmes of the 39th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act," so as to provide that certain campaign contributions and expenditures be disclosed to the public.

HB 1332. By Representative Patten of the 149th:
A bill to amend an Act incorporating the City of Remerton, so as to eliminate the prohibition against taxation of realty and personalty and to provide for authority to tax real estate and personal property in the City of Remerton.

FRIDAY, FEBRUARY 1, 1980

723

HB 1372. By Representatives Walker of the 1 ISthandCastleberry of the lllth:
A bill to amend an Act to provide, from State appropriations, funds and grants to local public school systems for educational purposes, so as to change certain provisions relating to allocation of grant funds.

HB 1390. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the pur pose of providing the Education Facilities Construction Reserve.

HB 1409. By Representatives Hatcher of the 131st, Childs of the 51st, Steinberg of the 46th and others:
A bill to amend an Act known as the "Georgia Condominium Act", so as to provide a definition of "conversion condominium"; to limit the applicabili ty of local ordinances, regulations, and building codes; to provide for notice to and rights of tenants in the case of conversion condominiums.

HB 1420. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to allow the Department of Transportation to lease parking facilities constructed by the Department to any rapid transit authority created by the General Assembly.

HB 1421. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to allow the Department, county or municipality to negotiate a lease for the rental to the owner or occupant of real property un til such property is needed for public road or other transportation purposes.

HB 1422. By Representatives Richardson of the 52nd, Pinkston of the 100th, Swann of the 90th and others:
A bill to amend an Act providing for the licensure of applied psychologists, so as to add a consumer member to the board and to provide for the appoint ment and term of such member.

HB 1428. By Representatives Gignilliat of the 122nd, Battle of the 124th, Logan of the 62nd and others:
A bill to amend Code Title 32, relative to education, so as to comprehensive ly revise, supersede, and consolidate certain laws relating to various state programs providing assistance for students to obtain an education beyond the twelfth grade.

724

JOURNAL OF THE SENATE,

HB 1455. By Representatives Johnson of the 74th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Code Section 13-207.1, relating to bank holding companies, so as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger.

HB 1456. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act creating a three-member Board of Commissioners for McDuffie County, so as to change the provisions relating to the compensa tion and expense allowance of the members of the board.

HB 1457. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act placing certain county officers in McDuffie County on a salary basis, so as to change the provisions relating to the compensation of the coroner of McDuffie County.

HB 1476. By Representatives Kaley, Wilson and Cooper of the 19th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to increase the limitation on the amount of bonds the authority may have outstanding at any one time.

HB 1480. By Representatives Padgett of the 86th, Dent of the 85th, Connell of the 87th and others:
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 1482. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to repeal an Act establishing the State Court of Laurens County.

HB 1483. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for additional powers to the Rome-Floyd County Develop ment Authority; to provide for definitions; to provide for additional projects of the authority; to remove certain interest rate ceilings.

HB 1486. By Representative Cox of the 141st:
A bill to amend an Act increasing the membership of the board of education of Decatur County, so as to change certain residency requirements of the members of the board of education.

FRIDAY, FEBRUARY 1, 1980

725

HB 1490. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act providing for the numbering of positions of member ship on the Cherokee County Board of Education, so as to change the method of electing members of the Board of Education of Cherokee County.

HB 1491. By Representatives Anderson, Harris and Hasty ot the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to change the compensation of the commissioner of said coun-
ty.

HB 1492. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to provide a new charter for the City of Holly Springs in the County of Cherokee.

HB 1496. By Representatives Moore of the 152nd, Branch of the 137th and Smith of the 152nd:
A bill to provide for the election of the school superintendent of Coffee County.

HB 1504. By Representative Crosby of the 150th:
A bill to amend an Act consolidating the office of tax receiver and tax collec tor of Clinch County into the office of tax commissioner of Clinch County, so as to authorize the board of commissioner within certain limits.

HB 1505. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman of the board.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 313. By Representatives Bolster of the 30th, Adams of the 36th, Birdsong of the 103rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political sub divisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto.

HR 491. By Representative Murphy of the 18th:
A resolution relative to the Atlanta Office, Coordination Council for North American Affairs of the Republic of China.

726

JOURNAL OF THE SENATE,

HR 512. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A resolution authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, relative to certain State-owned real property located in Chatham Coun ty, Georgia.

HR 513. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A resolution requesting that the Georgia Building Authority (Hospital) make certain land in Chatham County available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of constructing a sheltered workshop for the handicapped.

HR 549. By Representative Crawford of the 5th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey certain State-owned real property located in Chattooga County, Georgia to Tom S. Fisher, and the acceptance of certain property owned by Tom S. Fisher, located in Chattooga County, Georgia.

HR 560. By Representatives Moody and Greene of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that the board of commis sioners of Appling County may conduct official and other business at sites other than the Appling County Courthouse but within the corporate limits of Baxley, Georgia.

HR 561. By Representatives Anderson and Harris of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that the powers, duties, and responsibilities of the sheriff of Cherokee Coun ty as they relate to feeding prisoners confined in the county jail shall devolve upon and be exercised by the governing authority of Cherokee County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 528. By Senator Howard of the 42nd: A bill to amend Code Section 34-621, relating to filing of lists of criminals, incompetents, and deceased persons with voting registrars, as amended, so as to delete provisions relating to incompetents.
Referred to Committee on Special Judiciary.

FRIDAY, FEBRUARY 1, 1980

727

SB 529. By Senators Johnson of the 34th, Barnes of the 33rd, Ballard of the 45th and others:
A bill to amend an Act known as the "Georgia Civil Practice Act" so as to provide that in state courts the rules concerning waiver of jury trials and the time for demand for jury trials shall be governed by the local Act creating such courts.
Referred to Committee on Special Judiciary.

SB 530. By Senators Johnson of the 34th, Barnes of the 33rd, Ballard of the 45th and others:
A bill to amend an Act to provide for the practice and procedure of certain courts which are below the Superior Court level, as amended, so as to pro vide that rules concerning waiver of jury trial and the time for the demand of jury trial shall be governed by the local Act creating such courts.
.Referred to Committee on Special Judiciary.

SB 531. By Senator Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, as amended, so as to delete certain provisions relating to persons not meeting certain qualifications.
Referred to Committee on Governmental Operations.

SB 532. By Senator Kidd of the 25th:
A bill to amend an Act relating to the sale of motor vehicle license plates in the various counties, as amended, so as to provide a time period within which county tag agents must submit reports and moneys to the commis sioner as to license tag applications handled and related information and to provide a penalty for failure of the county tag agents to submit said tag reports and moneys to the commissioner in a timely and proper manner.
Referred to Committee on Governmental Operations.

SB 533. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide a time period within which county tag agents must submit reports to the commissioner as to title applications which the county tag agents accept and handle and to provide a penalty for failure of the county tag agents to submit said reports and moneys to the commissioner in a timely and proper manner.
Referred to Committee on Governmental Operations.

SR 298. By Senator Kidd of the 25th:
A resolution designating the George S. Carpenter Bridge. Referred to Committee on Transportation.

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SR 299. By Senators Wessels of the 2nd and Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to the City of Savannah certain state-owned real property located within the City of Savannah. Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 785. By Representatives Smith of the 42nd, Hutchinson of the 133rd, Jessup of the 117th and Jackson of the 9th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to provide for the automatic lapse of the effectiveness of the perfection of a security interest or lien in a "previously registered vehicle"; to provide for the filing of a continuation statement of a notice of security in terest or lien in a "previously registered vehicle". Referred to Committee on Judiciary.
HB 1083. By Representatives Lee of the 72nd, Benefield of the 72nd, Wood of the 72nd and Johnson of the 72nd:
A bill to amend Code Chapter 91A-60, relating to specific, business and oc cupation taxes, so as to prohibit municipalities from imposing certain oc cupational, income and payroll taxes. Referred to Committee on Banking, Finance and Insurance.
HB 1 105. By Representatives Buck of the 95th, Ware of the 68th, Greer of the 43rd and others:
A bill to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967, so as to change provisions relative to certain definitions; to change the provisions relative to termination of membership, to change the provisions relative to applications for retirement and the effective date of retirement. Referred to Committee on Retirement.
HB 1140. By Representatives Tolbert of the 56th, Williamson of the 45th, Johnson of the 72nd and others:
A bill to amend Code Section 91A-1328, relating to the duties of tax collec tors, so as to delete the population limitation of the provision making it un necessary to issue receipts for payment of any tax or license fee by certain in struments so that said provision shall apply within all counties of the State. Referred to Committee on Banking, Finance and Insurance.

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729

HB 1184. By Representatives Evans of the 84th and Carrell of the 75th:
A bill to amend an Act known as the "Adequate Program of Education in Georgia Act", so as to provide that the State Board of Education shall establish procedures, policies and regulations to provide for partial alloca tions of special education leadership positions.
Referred to Committee on Education.

HB 1249. By Representatives Pilewicz of the 41st and Holmes of the 39th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act", so as to provide that certain campaign contributions and expenditures be disclosed to the public. Referred to Committee on Special Judiciary.

HB 1372. By Representatives Walker of the 115th and Castleberry of the 111th:
A bill to amend an Act to provide, from State appropriations, funds and grants to local public school systems for educational purposes, so as to change certain provisions relating to allocation of grant funds. Referred to Committee on Appropriations.

HB 1390. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the pur pose of providing the Education Facilities Construction Reserve.
Referred to Committee on Appropriations.

HB 1409. By Representatives Hatcher of the 131st, Childs of the 51st, Steinberg of the 46th and others:
A bill to amend an Act known as the "Georgia Condominium Act", so as to provide a definition of "conversion condominium"; to limit the applicabili ty of local ordinances, regulations, and building codes; to provide for notice to and rights of tenants in the case of conversion condominiums.
Referred to Committee on Special Judiciary.

HB 1420. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of PublicTransportation", so as to allow the Department of Transportation to lease parking facilities constructed by the Department to any rapid transit authority created by the General Assembly.
Referred to Committee on Transportation.

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JOURNAL OF THE SENATE,

HB 1421. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of PublicTransportation", so as to allow the Department, county or municipality to negotiate a lease for the rental to the owner or occupant of real property un til such property is needed for public road or other transportation purposes.
Referred to Committee on Transportation.

HB 1422. By Representatives Richardson of the 52nd, Pinkston of the 100th, Swann of the 90th and others:
A bill to amend an Act providing for the licensure of applied psychologists, so as to add a consumer member to the board and to provide for the appoint ment and term of such member.
Referred to Committee on Human Resources.

HB 1428. By Representatives Gignilliat of the 122nd, Battle of the 214th, Logan of the 62nd and others:
A bill to amend Code Title 32, relative to education, so as to comprehensive ly revise, supersede, and consolidate certain laws relating to various state programs providing assistance for students to obtain an education beyond the twelfth grade.
Referred to Committee on Higher Education.

HB 1455. By Representatives Johnson of the 74th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Code Section 13-207.1, relating to bank holding companies, so as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger.
Referred to Committee on Banking, Finance and Insurance.

HB 1039. By Representative Twiggs of the 4th:
A bill to repeal an Act creating the Towns County Industrial Development Authority. Referred to Committee on Community Affairs.

HB 1332. By Representative Patten of the 149th:
A bill to amend an Act incorporating the City of Remerton, so as to eliminate the prohibition against taxation of realty and personalty and to provide for authority to tax real estate and personal property in the City of Remerton.
Referred to Committee on Community Affairs.

FRIDAY, FEBRUARY 1, 1980

731

HB 1456. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act creating a three-member Board of Commissioners for McDuffie County, so as to change the provisions relating to the compensa tion and expense allowance of the members of the board. Referred to Committee on Community Affairs.

HB 1457. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act placing certain county officers in McDuffie County on a salary basis, so as to change the provisions relating to the compensation of the coroner of McDuffie County. Referred to Committee on Community Affairs.

HB 1476. By Representatives Kaley, Wilson and Cooper of the 19th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to increase the limitation on the amount of bonds the authority may have outstanding at any one time. Referred to Committee on Community Affairs.

HB 1480. By Representatives Padgett of the 86th, Dent of the 85th, Connell of the 87th and others:
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.
Referred to Committee on Community Affairs.

HB 1482. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to repeal an Act establishing the State Court of Laurens County.
Referred to Committee on Community Affairs.

HB 1483. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for additional powers to the Rome-Floyd County Develop ment Authority; to provide for definitions; to provide for additional projects of the authority; to remove certain interest rate ceilings.
Referred to Committee on Community Affairs.

HB 1486. By Representative Cox of the 141st:
A bill to amend an Act increasing the membership of the Board of Education of Decatur County, so as to change certain residency requirements of the members of the Board of Education. Referred to Committee on Community Affairs.

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HB 1490. By Representatives Andersen, Harris and Hasty of the 8th:
A bill to amend an Act providing for the numbering of positions of member ship on the Cherokee County Board of Education, so as to change the method of electing members of the Board of Education of Cherokee County. Referred to Committee on Community Affairs.

HB 1491. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act creating the office of Commissioner of Cherokee County, so as to change the compensation of the Commissioner ot said county.
Referred to Committee on Community Affairs.

HB 1492. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to provide a new charter for the City of Holly Springs in the County of Cherokee. Referred to Committee on Community Affairs.

HB 1496. By Representatives Moore of the 152nd, Branch of the 137th and Smith of the 152nd:
A bill to provide for the election of the school superintendent of Coffee County. Referred to Committee on Community Affairs.

HB 1504. By Representative Crosby of the 15()th:
A bill to amend an Act consolidating the office of tax receiver and tax collec tor of Clinch County into the office of tax commissioner of Clinch County, so as to authorize the board of commissioner within certain limits. Referred to Committee on Community Affairs.

HB 1505. By Representative Crosby of the 150th:
A bill to amend an Act creating a board ot commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman of the board. Referred to Committee on Community Affairs.

HR 313. By Representatives Bolster of the 30th, Adams of the 36th, Birdsong of the 103rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political sub divisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto.
Referred to Committee on Community Affairs.

FRIDAY, FEBRUARY 1, 1980

733

HR 491. By Representative Murphy of the 18th:
A resolution relative to the Atlanta Office, Coordination Council for North American Affairs of the Republic of China. Referred to Committee on Governmental Operations.

HR 512. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A resolution authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, relative to certain State-owned real property located in Chatham Coun ty, Georgia.
Referred to Committee on Public Utilities.

HR 513. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A resolution requesting that the Georgia Building Authority (Hospital) make certain land in Chatham County available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of constructing a sheltered workshop for the handicapped. Referred to Committee on Public Utilities.
HR 549. By Representative Crawford of the 5th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey certain State-owned real property located in Chattooga County, Georgia to Tom S. FisKer, and the acceptance of certain property owned by Tom S. Fisher, located in Chattooga County, Georgia. Referred to Committee on Public Utilities.

HR 560. By Representatives Moody and Greene of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that the board of commis sioner of Appling County may conduct official and other business at sites other than the Appling County Courthouse but within the corporate limits of Baxley, Georgia.
Referred to Committee on Communitv Affairs.

HR 561. By Representatives Anderson and Harris of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that the powers, duties, and responsibilities of the sheriff of Cherokee Coun ty as they relate to feeding prisoners confined in the county jail shall devolve upon and be exercised by the governing authority of Cherokee County.
Referred to Committee on Community Affairs.

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

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1082. Do pass. HB 1233. Do pass. HR 435. Do pass.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 476. Do pass as amended. SB 524. Do pass. SB 527. Do pass. HB 1194. Do pass. HB 1270. Do pass as amended. HB 1489. Do pass by substitute. HR 470. Do pass. HR 478. Do pass. HR 521. Do pass. HR 544. Do pass. SR 290. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

FRIDAY, FEBRUARY 1, 1980

735

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 340. Do pass by substitute. SB 486. Do pass. HB 497. Do pass. HB 553. Do pass by substitute. HB 711. Do pass. HB 1211. Do pass. HB 1239. Do pass.

Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 407. SB 503. SB 520. SB 521.

Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 104. Do pass by substitute.

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

736 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 439. Do pass as amended.
HB 407. Do pass by substitute.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

Your Committee on Transportation has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 416. SB 467. SB 482. SB 483. SB 501. SB 522. SR 281. HB 1177.

Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 145. By Senator Summers of the 53rd:
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 other employees of county and in dependent boards of education for eligibility under said health insurance plan.

FRIDAY, FEBRUARY 1, 1980

737

SB 393. By Senators Allgood of the 22nd and Walker of the 19th:
A bill to amend Code Chapter 26-99, relating to erirnes involving dangerous instrumentalities and practices, as amended, so as to provide that pistol or revolver licenses shall be issued by the sheriff of each county rather than the probate judge; to provide for continued validity of existing licenses.

SB 394. By Senator Allgood of the 22nd:
A bill to amend Code Section 59-120, relating to compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the range within which the expense allowance for jurors in the superior courts is set.

SB 402. By Senators Foster of the 5()th and Timmons of the 1 1 th:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System, as amended, so as to provide for joint meetings of the Board of Regents and the State Board of Education; to provide for the con duct of said meetings; to provide for the preparation and submission of the proposed agenda of said meetings; to provide an effective date.

SB 405. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 2()th and others:
A bill to amend Code Chapter 26-25, relating to obstruction of law enforce ment, as amended, so as to create the crime of bail jumping; to provide con ditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse.

SB 420. By Senator Horton of the 17th:
A bill to amend Code Section 34A-1204, relating to the time tor opening and closing of polls for municipal elections, as amended, so as lo provide that the governing authority of any municipality may adjust the time for opening and the time for closing polls or either or both by not more than one hour earlier or later so long as the polls remain open continuously for a period of not less than 12 hours.

SB 421. By Senator Horton of the 17th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide that the name of a person who is 65 years of age or older shall not be removed from and shall remain in the jury box for each county except in the case of such a person who notifies the jury commissioners of the county in writing that he does not desire to serve upon juries.

SB 428. By Senator Brown of the 47th: A bill to amend an Act prohibiting full-time appointive officials and

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JOURNAL OF THE SENATE,

employees of the State from engaging in certain transactions affecting the State, as amended, so as to provide for exceptions.

SB 432. By Senator Holloway of the 12th:
A bill to amend Code Title 56, known as the "Georgia Insurance Code", so as to change certain provisions relative to a determination of the assets of an insurer; to authorize the Insurance Commissioner to approve methods ot calculation ot reserves; to authorize insurers to make deposits in certain financial institutions.

SB 468. By Senator Scott of the 43rd:
A bill to amend Code Section 56-712, relating to the continuation of defini tions of unfair methods and practices, as amended, so as to provide that it shall lie an unfair and deceptive act or practice to terminate, modify, or refuse to issue or renew any property or casualty policy or contract of in surance solely because the applicant or insured or any employee is either mentally or physically impaired.

SB 473. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act known as the "Georgia Firelighter Standards and Training Act", as amended, so as to provide for minimum requirements of professional competence for personnel assigned to protect certain airports located in state.

SB 474. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act providing tor a health insurance plan for state employees, as amended, so as to provide for the continuance, discontin uance, or resumption of health insurance coverage tor the spouse of an employee who dies after retirement.

SB 485. By Senator Greenc of the 26th:
A bill to amend Code Section 26-1601, relating to burglary, as amended, so as to change the provisions relating to the definition of burglary; to provide for clarification with respect to penalties.

SB 495. By Senator Stunibaugh of the 55th:
A bill to amend an Act known as the "Public School Disciplinary Tribunal Act" so as to change the provisions relative to the establishment of disciplinary hearing officers, panels, or tribunals.

SB 496. By Senators Stumbaugh of the 55th, Johnson of the 34th, Kidd of the 25th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of principal,

FRIDAY, FEBRUARY 1, 1980

739

and forfeiture of bond, as amended, so as to prohibit the granting of bail on appeal to a person adjudged guilty of certain drug crimes; to provide for declaration of purpose.

SB 497. By Senator Kidd of the 25th:
A bill to amend Code Section 34-604, relating to deputy registrars under the "Georgia Election Code", as amended, so as to provide for principals or assistant principals of high schools and directors of area vocational schools to inform their students of the powers conferred upon such officials under the provisions of this Code section.

SB 502. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, as amended, so as to authorize the board to conduct official business, without notice, by telephone under special circumstances.

SR 257. By Senators Turner of the 8th, Lester of the 23rd, Timmons of the 1 1 th and others:
A resolution proposing an amendment to the Constitution so as to change the maximum amount of exemption which may be granted from ad valorem taxation of homesteads; to provide for submission of this amendment for ratification or rejection.

SR 266. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution so as to permit the General Assembly to make grants to local governments and to target tax relief required as a condition of such grants; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.

SR 267. By Senators Lester of the 23rd, Riley of the 1st, Gillis of the 2()th and others:
A resolution proposing an amendment to the Constitution so as to place cer tain limitations upon the period for which tax exemptions may be granted; to provide exceptions; to provide tor submission of this amendment for ratification or rejection.

SR 273. By Senators Thompson of the 32nd, Lester of the 23rd, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the levy and collection of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages

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JOURNAL OF THE SENATE,

and to provide by law for the use of all or any part of the proceeds of such tax for educational programs; to provide for the submission of this amend ment for ratification or rejection.
SR 277. By Senators McGill of the 24th, Fincher of the 54th, Russell of the 10th and others:
A resolution designating the State Archives and Records Building as the "Ben W. Fortson, Jr., State Building".
SR 280. By Senators Johnson of the 34th and Coverdell of the 40th:
A resolution proposing an amendment to the Constitution so as to grant jurisdiction to the recorder's, mayor's, or police courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana; to provide for the submission of this amend ment for ratification or rejection.

SR 285. By Senators Foster of the 50th, Walker of the 19th, Timmons of the llth and others:
A resolution creating the Georgia High School Association Stud) Commit tee.

HB 448. By Representatives Felton of the 22nd, Ross of the 76th, Phillips of the 120th and others:
A bill to amend an Act providing that the State Board of Education or a committee thereof may hold meetings anywhere within or without the State so as to change the provisions relative to the compensation and expenses of the members of said Board of Education.

HB 919. By Representatives Tolbert, Johnston and Mangum of the 56th, and Carnes of the 43rd:
A bill to require each State agency to annually update its mailing lists; to define a certain term; to prohibit a State agency from mailing publications or materials to previously elected State officiers who are no longer in office except upon written request.

HB 1078. By Representatives Lambert of the 112th, Hatcher of the 131st and Dover of the llth:
A bill to abolish the Georgia State Commission of Indian Affairs; to transfer the functions of the commission to the Department of Archives and History; to repeal the Act creating the Georgia State Commission of Indian Affairs.

HB 1103. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for fire fighters.

FRIDAY, FEBRUARY 1, 1980

741

HB 11 10. By Representatives Snow of the 1st, Evans of the 84th, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, so as to provide for the redemption of shares at the option of the holder on or subsequent to a certain date.

HB 1118. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 40-6 relating to the duties and powers of the Secretary of State, so as to provide that it shall be the duty of the Secretary of State to furnish copies of Acts and resolutions of the General Assembly to the Office of Legislative Couasel.

HB 1119. By Representatives Snow of the 1st, Murphy ot the 18th, Thompson of the 93rd and others:
A bill to repeal Code Chapter 35-7, relating to the Academy for the Blind; to repeal Code Chapter 35-8, relating to the Ceorgia School for the Deaf, to amend an Act relating to the abolition of the Board of Control and the transfer of its functions to the State Board of Public Welfare.

HB 1142. By Representatives Moore of the 152nd, Branch of the 137th, Crawford of the 5th and others:
A bill to amend an Act known as the "Georgia Plant Food Act of 1970", so as to redefine the term "registrant"; to change the provisions relating to registration of companies guaranteeing commercial fertilizer.

HB 1 166. By Representatives Hasty of the 8th, Ralston of the 7th, Crawford of the 5th and others:
A bill to amend an Act regulating the marketing of eggs, so as to change the contents of the label which must be attached to each case of eggs; to delete provisions for inspection fee stamps.

HB 1190. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 118th and others:
A bill to amend 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, so as to provide for indemnifica tion with respect to the permanent disability of certain law enforcement of ficers, firemen and prison guards who are permanently disabled in the line of duty on or after Jan. 1, 1979.

HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehi-

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JOURNAL OF THE SENATE,

cle Rebuilders, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982.

HB 1192. By Representative Jessup of the 117th:
A bill to amend an Act which provides for a State Board of Registration of Used Car Dealers, so as to continue the State Board of Registration of Used Cars Dealers and the law relating thereto until July 1, 1982.

HB 1205. Bv Representatives Reaves of the 147th, Patten of the 149th, Manner of the 130th and Long of the 142nd:
A bill to amend Code Section 5-908, relating to compensation for destroyed bees, hives, and other equipment, so as to change the maximum amount of compensation which may be paid by the Department of Agriculture to Georgia resident beekeepers for destruction of their property for purposes of combating the spread of bee diseases.

HB 1218. By Representatives Snow of the 1st, Culpepper of the 98th, Murray of the 1 16th and others:
A bill to amend Code Title 22, relating to corporations, so as to authorize the board of directors to adopt a resolution providing that the shares of any preferred or special class may be divided into and issued in series if the ar ticles of incorporation have not established a series and fixed and determin ed the variations in the relative rights and preferences as between series.

HR 296. By Representative Savage of the 25th:
A resolution authorizing the acceptance and display of a certain portrait of former Governor Joe E. Brown.

HR 459. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 1 18th and others:
A resolution proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain law enforcement officers, firemen, and prison guards permanently disabled in the line of duty.

HR 506. By Representatives Galer of the 97th, Clark of the 13th and Felton of the 22nd:
A resolution urging each agency of this state that has libraries to work towards the goal of interagency cooperation among their libraries.

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

FRIDAY, FEBRUARY 1, 1980

743

SB 492. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law", as amend ed, so as to provide that in any city with a population of 450,000 or more, the two Resident Commissioners appointed by the Mayor shall each have the right to vote upon any and all matters pertaining to said Authority.

The report of the committee, which was favorable to the passage ol the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.

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

SB 511. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the tee and salary system exclusively, as amended, so as to change the salary provisions relating to said county officer; 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 46, nays 0.

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

SB 512. By Senator Walker of the 19th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, as amended, so as to change the compensation of said 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 46, nays 0.

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

SB 513. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary

744

JOURNAL OF THE SENATE,

system to the salary system exclusively, as amended, so as to change the salary of the judge of the probate court.

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

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

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

SB 514. By Senator Walker of the 19th:
A bill to amend an Act creating the office of tax commissioner of Telfair County, as amended, so as to change the salary of said 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 46, nays 0.

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

SB 51 7. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City ot Powder Springs, as amended, so as to change the corporate limits of the city.

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

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

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

SR 269. By Senator Johnson of the 34th:
A resolution finding and declaring the Atlanta Zoo to be a source of educa tional and cultural value to the entire state and region and authorizing fund ing therefor.

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

FRIDAY, FEBRUARY 1, 1980

745

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite eonstitutional majority, was adopted.

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

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Evans Fincher of 52nd Fineher of 54th

Foster Gillis Hill HolloWav Horton Howard Hudgins Hudson Johnson Kennedy Kidcl Land Langtord Lester Littlet'ield McGill Overby

Paulk Reynolds Ril'ey Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Eldridge English

Greene Tate

Senator Hudson of the 35th introduced the chaplain of the day, Reverend Edward Lee, pastor of Shiloh Baptist Church, McDonough, Georgia, who offered Scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 300. By Senators Barnes of the 33rd, Foster of the 50th and Thompson of the 32nd: A resolution congratulating the Girls' Basketball Team of Truett-McConnell Junior College.
SR 301. By Senators Barnes of the 33rd and Thompson of the 32nd: A resolution commending the firemen of Georgia on Firemen's Recognition Day, February 11, 1980.

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JOURNAL OF THE SENATE,

SR 302. By Senators Eldridgc of the 7th, Gillis of the 20th, Holloway of the 12th and others:
A resolution commending Mr. Charlie E. Fleming.

SENATE CALENDAR
Friday, February 1, 1980
NINETEENTH LEGISLATIVE DAY
SB 338. Executive Reorganization Act--electronic data processing (AMENDMENT) (Gov Op--25th)
SB 347. Sale of Alcoholic Beverages on Election Days--change certain provisions (SUBSTITUTES) (C Aff-25th)
SR 233. Sale of Intoxicating Drinks on Election Days--repeal certain prohibitions (C Aff--25th)
SR 250. Properties Commission--conveyance of property to Sumter County (Pub U--14th)
SR 256. Properties Commission--grant easement to Oglethorpe Power Corporation (Pub U--25th)
SR 265. Baldwin County--conveyance of certain real property (Pub U--25th) SR 268. Georgia Military College and Board of Trustees--create
(SUBSTITUTE) (H Ed-25th) HB 572. Motor Common Carriers--fee payment prior to temporary emergency
authority (AMENDMENT) (Pub U--47th) HB 573. Motor Contract Carriers--collection of certain application fees (Pub
U--47th) HB 1071. Public Revenue Expenditure--update laws relating to (BF&I--8th) SB 491. Alcoholic Beverages on Election Days--define area where election
held (SUBSTITUTE) (C Aff-35th) SR 76. Homestead Exemption--disability insurance beneficiaries
(SUBSTITUTE) (BF&I--46th) HB 51. Voting Ballots--candidates' names in same column (Gov Op--6th)
HB 875. Georgia Microforms Act--provide (AMENDMENT) (Judy--49th) SB 237. Life, Accident, Sickness Insurance Agent--additional qualifications
for agents (SUBSTITUTE) (BF&I--23rd)
The following bills of the House were taken up for the purpose of considering the House action thereon:

FRIDAY, FEBRUARY 1, 1980

747

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and condi tioned air fixtures and systems through the regulation of electrical contrac tors, plumbers and conditioned air contractors.

Senator Ballard of the 45th moved that the Senate recede from the Senate amend ments to HB 1084.

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

.Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley
Brown of 47th Carter Cobb Coverdell
Dean Eldridge English

Fincher of 52nd Fincher of 54th Foster Cillis Hill Holloway
Howard Hudgins Hudson Johnson
Kidd Langford Lester

Littleficld McGill Reynolds Riley Scott Starr
Stephens Stumbaugh Summers Tale
Timmons Tysinger Walker

Those voting in the negative were Senators:

Barnes Broun of 46th Bryant Evans Greene

Horton Kennedy Land Overby Paulk

Not voting was Senator Russell.

Robinson Sutton Thompson Turner Wessels

On the motion, the yeas were 39, nays 15; the motion prevailed, and the Senate receded from the Senate amendments to HB 1084.
Senator Stephens of the 36th moved that HB 1084 be immediately transmitted to the House.
Senator Robinson of the 27th gave notice that, at the proper time, he would make: ;a motion that the Senate reconsider its action in receding from the Senate amendmentsitto THjrB> i1t0\a84A .

748

JOURNAL OF THE SENATE,

The President stated that under Senate Rule 99 the notice of motion to reconsider defeats the motion to immediately transmit.

HB 701. By Representative Hatcher of the 131st:
A bill to amend Code Section 46*104, relating to additional summons of gar nishment, so as to provide that no additional summons of garnishment shall issue on the same affidavit after a certain time period, but plaintiffs may file subsequent affidavits until the debt is paid or the proceeding is otherwise ter minated.

Senator Greene of the 26th moved that the Senate insist upon the Senate substitute toHB701.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate in sisted upon the Senate substitute to HB 701.

The following general bill of the Senate, having been read the third time on January 24 and postponed until January 25, postponed on January 25 until January 29, and postponed on January 29 until February 1, was put upon its passage:

SB 338. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.

Senator Kidd of the 25th moved that SB 338 be postponed until February 5.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 338 was postponed until February 5.

The following message was received trom the House through Mr. Ellard, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bill of
the House:
HB 1544. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, so as to provide for a five-member board of commissioners in Laurens County, Georgia.

FRIDAY, FEBRUARY 1, 1980

749

The following general bill of the Senate, having been read the third time and lost on January 24, reconsidered on January 25, postponed on January 28 until January 31, and postponed on January 31 until February 1, was put upon its passage:

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors", as amended, so as to change certain provisions relative to the sale of alcoholic beverages on election days.

Senator Kidd of the 25th moved that the Senate reconsider its action of January 24 in adopting the following substitute offered by the Senate Committee on Consumer Af fairs:

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, par ticularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to change certain provisions relative to the sale of alcoholic beverages on election days; to amend Code Section 58-813, relating to sales of wine on Sundays and election days, so as to conform with the provisions of this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act ap proved March 10, 1972 (Ga. Laws 1972, p. 207), is herein- amended by striking from Section 14 the words "or election days', so that when so amended said section shall read as follows:
"Section 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays shall be guilty of a misde meanor and upon conviction shall be punished as for a misdemeanor as provided in Section 27-2506 of the Code of 1933."
Section 2. Said Act is further amended by striking from the first paragraph of Section 28 thereof the words:
", at any time and at any time on election days",
and by striking from the second paragraph thereof the words:
"and election days",
so that when so amended Section 28 shall read as follows:

750

JOURNAL OF THE SENATE.

"Section 28. It shall be unlawful to sell any liquor in any county or municipality specified by this Act between the hours of 12':00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night.
It is the purpose and intent of this section to prevent the sale of liquor on Sunday and any violation of same shall be a misdemeanor, by the buyer and/or the seller."
Section 3. Said Act is further amended by adding a new section after Section 28 thereof, to be designated Section 28A, to read as follows:
"Section 28A. It is unlawful to sell any malt beverages, wine, or other alcoholic beverages anywhere within the State of Georgia at any time between the hours beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls on any general primary or general election day or run-off election day for such general primary or general election day. For purposes of this section, 'general primary and 'general election shall have the meanings specified in Code Section 34-103(h). Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor."
Section 4. Said Act is further amended by striking in its entirety Section 1 A, which reads as follows:
/
"Section 1A. An election day for purposes of sale of alcoholic beverages or distilled spirits for premises consumption by the drink is defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls."
Section 5. Code Section 58-813, relating to sales of wine on Sundays and election days, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 58-813 to read as follows:
"58-813. Sales on Sundays a misdemeanor. It shall be unlawful for any person to sell or offer to sell wine on Sundays and anyone doing so shall be guilty of a misdemeanor and upon conviction therefor shall be punished as (or a misdemeanor.
Section 6. This Act shall become effective January 1, 1981, but only if an amendment to Article II of the Constitution is approved at the general election held in November 1980 which has the effect of deleting from the Constitution the prohibition on sale of intoxicating drinks on election days.
Section 7. (a) Section 34-1937 of the Code of Georgia, which makes it a misdemeanor to sell, buy, or offer for sale alcoholic beverages on primary or election days, is repealed in its entirety.
(b) Section 58-609 of the Code of Georgia, which makes it a misde meanor to give or furnish spirituous, intoxicating, or malt liquor to any per son, in any quantity within two miles of an election precinct on days of elec tion, is repealed in its entirety.

FRIDAY, FEBRUARY 1, 1980

751

(c) An Act to amend the alcoholic beverages laws and the election laws of Georgia so as to define an election clay, to prohibit the furnishing of liquor on election days within the territorial boundaries for which the election is being held, approved March 31, 1972 (Ga. Laws 1972, p. 721), is repealed in its entirety.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the substitute to SB 347 offered by the Senate Committee on Consumer Affairs was reconsidered.
On the adoption of the substitute to SB 347 offered by the Senate Committee on Consumer Affairs, the yeas were 0, nays 30, and the committee substitute was lost.

Senator Kidd of the 25th offered the following substitute to SB 347:
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, Fx. Sess., p. 103), as amended, par ticularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to change certain provisions relative to the sale ot alcoholic beverages on election days; to amend Code Section 58-813, relating to sales ol wine on Sundays and election days, so as to conform with the provisions ol this Act; to provide for other matters relative to the foregoing; to provide an ellcctive date; to repeal specific laws; to repeal conflicting laws; and lor other pur poses .
BF IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act ap proved March 10, 1972 (Ga. Laws 1972, p. 207), is herein amended by striking from Section 14 the words "or election days", so that when so amended said section shall read as follows;
"Section 14. Any person who shall sell or oiler lor sale any spirituous liquors as herein defined on Sundays shall be guilt) ol a misde meanor and upon conviction shall be punished as tor a misdemeanor as provided in Section 27-2506 ol the Code of 1933."
Section 2. Said Act is further amended by striking from the first paragraph of Section 28 thereof the words:
", at any time and at any time on election days",
and by striking from the second paragraph thereot the words:

752

JOURNAL OF THE SENATE,

"and election days",
so that when so amended Section 28 shall read as follows:
"Section 28. It shall be unlawful to sell any liquor in any county or municipality specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night.
It is the purpose and intent of this section to prevent the sale of liquor on Sunday and any violation of same shall be a misdemeanor, by the buyer and/or the seller."
Section 3. Said Act is further amended by adding a new section alter Section 28 thereof, to be designated Section 28A, to read as follows:
"Section 28A. It is unlawful to sell any malt (leverages, wine, or other alcoholic leverages anywhere within the State of Georgia at any time between the hours Ixginning one hour prior to the opening of the polls and ending one hour after the closing of the polls on any general primary or general election day or run- off election day for such general primary or general election day. For purposes of this section, 'general primary' and 'general election' shall have the meanings specified in Code Section 34-103(h). Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor."
Section 4. Said Act is further amended by striking in its entirety Section I A, which reads as follows:
"Section 1A. An election day for purposes of sale of alcoholic beverages or distilled spirits lor premises consumption by the drink is defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls."
Section 5. Code Section 58-813, relating to sales of wine on Sundays and election days, is hereby amended by striking said sec tion in its entirety and substituting in lieu thereof a new Code Sec tion 58-813 to read as follows:
"58-813. Sales on Sundays a misdemeanor. It shall be unlawlul lor any person to sell or olfer to sell wine on Sundays, and anyone doing so shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor.
Section 6. This Act shall become effective January 1, 1M8I, but only if an amendment to Article II of the Constitution is approved at the general election held in November 1980 which has the effect of deleting from the Constitution the prohibition on sale of intox icating drinks on election days.
Section 7. The provisions of this Act shall not lie construed so as to limit in any way the authority of the General Assembly at any time in the future to regulate or prohibit the sale of alcoholic

FRIDAY, FEBRUARY 1, 1980

753

beverages on election days. Any county, municipality, or consolidated government may regulate or prohibit the sale of alcoholic beverages on the day of any local election held within the county, municipality, or consolidating government.
Section 8. (a) Section 34-1937 of the Code of Georgia, which makes it a misdemeanor to sell, buy, or offer for sale alcoholic beverages on primary or election days, which reads as follows:
"Section 34-1937. Sale of Alcoholic Beverages on Primary or Election Days Prohibited. Any person who shall sell or buy or offer for sale any alcoholic beverages on primary or election days shall be guilty of a misdemeanor.",
is re|)ealed in its entirety.
(b) Section 58-009 of the Code of Georgia, which makes it a misdemeanor to give or furnish spirituous, intoxicating, or malt liquor to any person, in any quantity within two miles of an election precinct on davs of election, which reads as follows:
"58-009. Giving or furnishing liquor on election day; exception as to physicians. Any person who shall give or furnish spirituous, intoxicating, or malt liquors to any person, in any quantity, within two miles of any election precinct, on days of election, either State, county, municipal, or primary elections, shall be guilty of a misdemeanor. This section does not prevent prescriptions by physicians, when made as prescribed by law.",
is repealed in its entirety.
(c) An Act to amend the alcoholic beverage laws and the election laws ol Georgia so as to define an election day, to prohibit the furnishing of liquor on election days within the territorial boundaries for which the election is being held, approved March 31, 1972 (Ga. Laws 1972, p. 721), which reads as follows:
"An Act to amend the alcoholic beverage laws and the election laws of Georgia so as to provide the delinition of an election day; to provide that the prohibition against the giving or furnishing of intoxication beverages to any person on election days shall apply only to the territorial boundaries lor which the election is l)eing held; to provide lor all matters relative to the loregoing; to provide an elfective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. The alcoholic beverage laws and the election laws of Georgia are hereby amended to read as follows:
"Section 1 A. Any provision of the law to the contrary notwithstanding, an election day for the purposes of the sale of alcoholic leverages, distilled spirits, malt beverages or wines, either in unbroken packages or by the drink

754

JOURNAL OF THE SENATE,

tor consumption on the premises, is hereby defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls. The prohibition against the giving or furnishing of alcoholic beverages, spirituous liquors, malt beverages or other intox icating beverages to any person on election days shall apply within the ter ritorial boundaries for which the election is being held.'
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.",
is repealed in its entirety.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute offered by Senator Kidd of the 25th, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to 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 Barker Barnes Bell Bond
Brantley Broun of 46th Bryant Cobb Coverdell Eldridge English Evans

Gillis Hill Holloway Horton Howard
Hudgins Hudson Johnson Kidd Land Langford Lester Littlefield

Overby Reynolds Kiley Russell Scott
Stumbaugh Tate Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Brown of 47th Carter Dean Fincher of 52nd

Fincher of 54th Foster Greene Kennedy McGill

Paulk Robinson Summers Sutton

FRIDAY, FEBRUARY 1, 1980

755

Those not voting were Senators:
Starr Stephens Timmons

On the passage of the bill, the yeas were 38, nays 14.
The bill, having received the requisite eonstitutional majority, was passed by substitute.
The following general resolution of the Senate, having been read the third time on January 25 and postponed until January 29, and postoned on January 29 until February 1, was put upon its adoption:
SH 233. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to repeal certain pro hibitions on the sale of intoxicating drinks on election days; 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 II, Section III of the Constitution is hereby amended by striking in its entirety Paragraph V thereof, which reads as follows:
"Paragraph V. Sale of Liquors on Election Days. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding'of any election in the area in which such election is held and prescribe punish ment for any violation of the same."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to repeal the [ ] NO constitutional prohibition on sales of intoxicating drinks on election days?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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JOURNAL OF THE SENATE,

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

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bond Brantley
Broun of 46th Bryant Carter Cobb
Coverdell Dean Eldridge English

Evans
Fincher of 54th Gillis Hill Holloway Howard Hudgins
Hudson Johnson Kidd Land
Langford Lester Littlefield Overby

P aulk
Reynolds Riley Russell Scott Stephens Stumbaugh
Sutton Tate Thompson Timmons
Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Brown of 47th Fincher of 52nd Foster Greene

Horton Kennedy McGill Robinson

Starr Summers

On the adoption of the resolution, the yeas were 45, nays 10.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following general resolutions of the Senate, favorably reported by the commit tees, were read the third time and put upon their adoption:
SR 250. By Senator Carter of the 14th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Sumter County certain state owned real property located within Sumter County.

FRIDAY, FEBRUARY 1, 1980

757

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

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

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

Those not voting were Senators:
Broun of 46th Land Littlefield

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

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SR 256. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant to Oglethorpe Power Corporation (an Elec tric Membership Generation and Transmission Corporation), its successors and assigns, a corrective easement regarding certain property owned by the state of Georgia.

758

JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant
Carter Cobb Coverdell Eldridge English Evans Fincherof 52nd Fincher of 54th

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

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

Those not voting were Senators:
Dean Holloway (presiding) Littlefield

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 265. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

FRIDAY, FEBRUARY 1, 1980

759

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 Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 54th

Foster Gillis Greene Hill Horton
Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Evans Fincher of 52nd

Holloway (presiding) Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.

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

SR 268. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; to provide for submission of this amendment for ratification or rejec tion.
Senator Kidd of the 25th moved that SR 268 be postponed until Tuesday, February
5.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 268 was postponed until Tuesday, February 5.

760

JOURNAL OF THE SENATE,

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

HB 572. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to require an application and payment of a fee prior to the grant of tem porary emergency authority; to change certain provisions relating to fees; to provide for issuance of temporary vehicle registration permits.
Senate Sponsor: Senator Brown of the 47th.

The Senate Committee on Public Utilities offered the following amendment:
Amend HB 572 by adding on Page 1, line 5, immediately after the word and symbol "permits;" the following:
"to redefine certain terms;",
and
By renumbering Sections 4 and 5 as Sections 5 and 6, respectively, and adding a new Section 4 to read as follows:
"Section 4. Said Code Chapter is further amended by adding at the end of subsection (e) of Section 68-601 the following:
'The words "motor common carrier," however, shall not include granite trucks that are transporting from quarry to finishing plant across not more than two counties.' "

On the adoption of the amendment, the yeas were 30, nays 1, 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 Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester

FRIDAY, FEBRUARY 1, 1980

761

Littlefield MeGill Overby Paulk Reynolds Riley Robinson Russell Seott Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wesscls

Those not voting were Senators Holloway (presiding) and Land.

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 573. By Representative Greer of the 43rd: A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to define and redefine certain terms; to provide tor and require the collec tion of certain application fees; to provide for issuance of certain temporary permits.
Senate Sponsor; Senator Brown of the 47th.
Senator Brown of the 47th offered the following amendment:
Amend HB 573 by striking on Page 3, lines 10 through 13 and substituting in lieu thereof the following:
"manufacturer, motor vehicles used by country merchants in".
And by striking on Page 3, line 1 7 the word:
"Motor",
and substituting in lieu thereof the following:
"Granite trucks that are transporting from quarry to finishing plant -- not to cross more than two counties and motor".
On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

762

JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Creene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk '

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

Those not voting were Senators:
Evans Holloway (presiding) Wessels

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1071. By Representatives Hatcher of the 131st, Collins of the 144th, Williamson of the 45th and others: A bill to revise, modernize, update certain revenue laws relating to the raising and expenditure of public revenues in this State; to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to specify the amount of interest due on taxes and other amounts due the State and local taxing jurisdictions and remaining unpaid.
Senate Sponsor: Senator Turner of the 8th.

FRIDAY, FEBRUARY 1, 1980

763

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

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

English Holloway (presiding)

Howard Sutton

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and put upon its adoption:
SR 303. By Senators Broun of the 46th, Holloway of the 12th and Riley of the 1st: A resolution relative to adjournment of the General Assembly at 3:00 o'clock P.M. on February 1, 1980, and to reconvene at 10:00 o'clock A.M. on February 4, 1980.
On the adoption of the resolution, the yeas were 30, nays 1.
The resolution, having received the requisite majority, was adopted.

764

JOURNAL OF THE SENATE,

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

SB 491. By Senator Hudson of the 35th:
A bill to amend an Act amending the alcoholic beverage laws and the elec tion laws of Georgia to define election days so as to define the area in which an election is held for the purposes of the prohibition against the giving or furnishing of alcoholic beverages to any person on election days.

The Senate Committee on Consumer Affairs offered the following substitute to SB 491:
A BILL
To be entitled an Act to amend an Act amending the alcoholicbeverage laws and the election laws of Georgia to define election days, approved March 31, 1972 (Ga. Laws 1972, p. 721), so as to provide that the prohibition against the giving or furnishing of alcoholic beverages to any person on election days shall not apply on property owned by political subdivisions for airport purposes if no person resides on such property; 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 amending the alcoholic beverage laws and the elec tion laws of Georgia to define election days, approved March 31, 1972 (Ga. Laws 1972, p. 721), is hereby amended by striking the period appearing at the end of the last sentence of quoted Section 1A of Section 1 and inserting in lieu thereof the following:
", and for the purposes of such prohibition, such territorial boun daries shall not include any property owned by a county, municipality, or other political subdivision of this state for airport purposes if no per son resides on such publicly owned property."
so that when so amended said quoted Section 1A shall read as follows:
"Section 1 A. Any provision of the law to the contrary notwithstand ing, an election day for the purposes of the sale of alcoholic beverages, distilled spirits, malt beverages or wines, either in unbroken packages or by the drink for consumption on the premises, is hereby defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls. The prohibition against the giving or furnishing of alcoholic beverages, spirituous liquors, malt beverages or other intoxicating beverages to any person on election days shall apply only within the territorial boundaries for which the election is being held, and for the purposes of such prohibition, such territorial boundaries shall not include any property owned by a county, municipality, or other political subdivision of this state for airport pur poses if no person resides on such publicly owned property."

FRIDAY, FEBRUARY 1, 1980

765

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 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th
Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kidd Land Lester Littlefield McGill Overby Paulk

Those voting in the negative were Senators:
Ballard Brown of 47th Kennedy

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

Those not voting were Senators:

Holloway (presiding) Johnson

Langford Starr

On the passage of the bill, the yeas were 48, nays 3.

766

JOURNAL OF THE SENATE,

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

SK 76. By Senator Broun of the 46th:

A RESOLUTION
Proposing an amendment to the Constitution so as to grant to persons who are entitled to a disability insurance benefit pursuant to the provisions of the Federal Social Security Act the same homestead exemption granted to persons sixty-five (65) years of age or over; 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 to the end of the unnumbered subparagraph relating to a homestead exemption for persons who are sixty-five (65) years of age or over the following:
"In all taxable years beginning after December 31, 1980, every in dividual who is entitled to a disability insurance benefit pursuant to the provisions of the Federal Social Security Act in six or more months of such taxable year is hereby granted the same exemption from State and county ad valorem taxes which is granted by this paragraph to each per son who is sixty-five (65) years of age or over. In order to be eligible for this homestead exemption each person entitled to disability insurance benefits must meet the same qualification as to maximum income re quired for persons sixty-five (65) years of age or over and must file an af fidavit in the same manner required of persons sixty-five (65) years of age or over. In no event shall this paragraph be construed to grant two ex emptions to any one person and any person eligible for a homestead ex emption under the provisions of this paragraph either because such per son is sixty-five (65) years of age or over or because such person is entitled to disability insurance benefits shall be eligible to receive only one ex emption.",
so that said unnumbered subparagraph relating to a homestead exemption for persons who are sixty-five (65) years of age or over, when so amended, shall read as follows:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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 de fined by Georgia law, trom all sources, except as hereinafter 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

FRIDAY, FEBRUARY 1, 1980

767

which is in excess of the maximum amount authorized to be paid to an in dividual and his spouse under the Federal Social Security Act, and in come from such sources in excess of such maximum amount shall be in cluded as net income for the purposes of this paragraph. 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 or tax receiver of the county in which he resides, 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 in formation relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner or tax receiver shall provide alfidavit 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 here after 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 or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may pro vide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for here in shall apply to all taxable years beginning after December 31, 1974. In all taxable years beginning after December 31, 1980, every individual who is entitled to a disability insurance benefit pursuant to the provisions of the Federal Social Security Act in six or more months of such taxable year is hereby granted the same exemption from State and county ad valorem taxes which is granted by this paragraph to each person who is sixty-five (65) years of age or over. In order to be eligible for this homestead exemption each person entitled to disability insurance bene fits must meet the same qualification as to maximum income required for persons sixty-five (65) years of age or over and must file an affidavit in the same manner required of persons sixty-five (65) years of age or over. In no event shall this paragraph be construed to grant two exemptions to any one person and any person eligible for a homestead exemption under the provisions of this paragraph either because such person is sixty-five (65) years of age or over or because such person is entitled to disability in surance benefits shall be eligible to receive only one exemption."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution ot Georgia of 1976.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to grant to persons who are entitled to a disability insurance benefit pursuant to

768

JOURNAL OF THE SENATE,

[ ] NO the provisions of the Federal Social Seeurity Act the same homestead exemption granted to persons sixty-five (65) years of age or over?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 following substitute to SR 76:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the in come limitation and grant to persons who are entitled to a disability in surance benefit pursuant to the provisions of the Federal Social Security Act the same homestead exemption granted to persons sixty-five (65) years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the words, symbol, and figure "does not exceed $4,000.00" in the unnumbered subparagraph relating to a homestead ex emption for persons who are sixty-five (65) years of age or over in their en tirety and inserting in lieu thereof the words, symbol, and figure "does not exceed $6,000.00" and by adding at the end of said unnumbered subparagraph the following:
"In all taxable years beginning after December 31, 1980, every in dividual who is entitled to a disability insurance benefit pursuant to the provisions of the Federal Social Seeurity Act in six or more months ol such taxable year is hereby granted the same exemption from State and county ad valorem taxes which is granted by this paragraph to each per son who is sixty-five (65) years of age or over. In order to be eligible for this homestead exemption each person entitled to disability insurance benefits must meet the same qualification as to maximum income re quired for persons sixty-five (65) years of age or over and must file an af fidavit in the same manner required of persons sixty-five (65) years of age or over. In no event shall this paragraph be construed to grant two ex emptions to any one person and any person eligible for a homestead ex emption under the provisions of this paragraph either because such per son is sixty-five (65) years of age or over or because such person is entitled to disability insurance benefits shall be eligible to receive only one ex emption.",
so that said unnumbered subparagraph relating to a homestead exemption for persons who are sixty-five (65) years of age or over, when so amended, shall read as follows:

FRIDAY, FEBRUARY 1, 1980

769

"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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 in come is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retire ment, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pen sion 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 ex cess of such maximum amount shall be included as net income for the purposes of this paragraph. 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 commis sioner or tax receiver of the county in which he resides, 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 in formation relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax com missioner or tax receiver shall provide affidavit forms for this pur pose. 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 con tinue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provid ed 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, 1974. In all taxable years beginning after December 31, 1980, every individual who is entitled to a disability insurance benefit pursuant to the provi sions of the Federal Social Security Act in six or more months of such taxable year is hereby granted the same exemption from State and county ad valorem taxes which is granted by this paragraph to each person who is sixty-five (65) years of age or over. In order to be eligi ble for this homestead exemption each person entitled to disability in-surance benefits must meet the same qualification as to maximum in come required for persons sixty-five (65) years of age or over and must file an affidavit in the same manner required of persons sixty-five (65) years of age or over. In no event shall this paragraph be construed to grant two exemptions to any one person and any person eligible for a homestead exemption under the provisions of this paragraph either

770

JOURNAL OF THE SENATE,

because such person is sixty-five (65) years of age or over or because such person is entitled to disability insurance benefits shall be eligible to receive only one exemption."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following"
"[ ] YES Shall the Constitution be amended so as to increase the income limitation and grant to persons who are entitled to a
[ ] NO disability insurance benefit pursuant to the provisions of the Federal Social Security Act the same homestead exemption granted to persons sixty-five (65) years of age or over?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howa rd Hudgins Hudson Johnson

Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson Russell Scott

FRIDAY, FEBRUARY 1, 1980

771

Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons

Turner Tysinger Walker Wessels

Not voting was Senator Holloway (presiding).

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted bv substitute.
The President resumed the Chair.
HB 51. By Representatives Scott of the 123rd, Kemp of the 139th, Gammage of the 17th and others: A bill to amend Code Section 34-1208, relating to the form of ballots on voting machines, so as to require that in any general, primary, special or run-off election the names of all candidates for each office shall appear in the same row or in the same column.
Senate Sponsor: Senator Littlefield 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 aflirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Johnson Kennedy

Kidd Land Langford Lester Littlefield McGill Overbv Paulk ' Reynolds Riley Robinson Russell Scott Starr

772

JOURNAL OF THE SENATE,

Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Turner

Those not voting were Senators:
Fincher of 52nd Hudson Wessels

Tysinger Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 875. By Representatives Snow of the 1st and Culpepper of the 98th: A bill to amend Code Title 90, relating to public printing, so as to provide for the regulation of microforms; to provide for a short title "Georgia Microforms Act"; to provide that all microforms produced for or by any agency of State government or of any political subdivision of the State shall conform to certain standards; to provide for standards, qualifications, re quirements, and restrictions. Senate Sponsor: Senators Wessels of the 2nd and Overby of the 49th.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 875 by striking, wherever the same appears, the date " 1979" and inserting in lieu thereof the date "1980".
By striking, wherever the same appears, the date "1985" and inserting in lieu thereof the date " 1986".
On the adoption of the amendment, the yeas were 33, 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:

FRIDAY, FEBRUARY 1, 1980

773

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond
Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Fincher of 52nd

Hudson Russell

Summers Wessels

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 bill of the Senate, having been lost on January 31 and reconsidered previously today, was put upon its passage:
SB 237. By Senators Lester of the 23rd and Starr of the 44th: A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to provide certain additional qualifications for licensure of agents and counselors for life or accident and sickness insurance and for the making of annuity contracts.
Senator Coverdell of the 40th moved that the Senate reconsider its action of January 31 in adopting the substitute offered by the Senate Committee on Banking, Finance and Insurance.
Senator Coverdell of the 40th moved that SB 237 be postponed until Monday, February 4.

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JOURNAL OF THE SENATE,

The President ruled that the motion to postpone takes precedence.

On the motion to postpone, Senator Lester of the 23rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond Brantley Cobb Coverdell Eldridge Evans Greene

Hill Howard Hudgins Kidd Land Langford Littlefield Paulk Robinson

Those voting in the negative were Senators:

Allgood Barker Barnes Broun of 46th Brown of 47th Bryant Garter Dean English

Fincher of 54th Foster Gillis Holloway Horton Johnson Kennedy Lester McGill

Those not voting were Senators:
Fincher of 52nd Hudson Wessels

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

On the motion, the yeas were 25, nays 27; the motion was lost, and SB 237 was not postponed until Monday, February 4.

On the motion of Senator Coverdell of the 40th that the Senate reconsider its action of January 31 in adopting the substitute offered by the Senate Committee on Banking, Finance and Insurance, Senator Lester of the 23rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell

Bond Coverdell

Evans Greene

Hill Howard Hudgins Kidd

FRIDAY, FEBRUARY 1, 1980

775

Land Langford Paulk Robinson

Scott Stumbaugh Tate Tysinger

Those voting in the negative were Senators:

Allgood Barker Barnes Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English

Fincher of 54th Foster Gillis Holloway Horton Johnson Kennedy Lester Littlefield McGill Overby

Those not voting were Senators:

Broun of 46th Fincher of 52nd

Hudson Wessels

Reynolds Riley Russell Starr Stephens Summers Sutton Thompson Timmons Turner Walker

On the motion, the yeas were 18, nays 33; the motion was lost, and the Senate did not reconsider its action of January 31 in adopting the substitute to SB 237 offered by the Senate Committee on Banking, Finance and Insurance.

Senator Lester of the 23rd moved the previous question.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the previous question was ordered.

The 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 Barker Barnes
Bell Brantley

Brown of 47th Bryant Carter
Cobb Dean

Eldridge English Evans
Fineher of 54th Foster

776
Gillis Greene Hill Hoi Iowa v Horton Hudgins Johnson Kennedy Land Langford

JOURNAL OF THE SENATE,
Lester Littlefield McGill Overbv Paulk Reynolds Rilev Russell Seott Starr

Stephens Summers Sutton Thompson Timmons. Turner Tysinger Walker

Those voting in the negative were Senators:

Ballurcl Bond Coverdell

Howard Kidd Stumbaugh

Those not voting were Senators:

Broun of 46th Fincher of 52nd

Hudson Robinson

Tate Wessels

On the passage of the bill, the yeas were 43, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Greene of the 26th introduced a doctor of the day. Dr. Jack Menendez, of Macon, Georgia;

Senator Land of the 16th introduced a doctor of the day, Dr. E. M. Molnar, of Col umbus, Georgia.
The following bill of the House was read the first time and referred to committee:
HB 1544. By Representatives Rowland of the 119th and Coleman of the 1 18th: A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, so as to provide for a five-member board of commissioners in Laurens County, Georgia.
Referred to Committee on Community Affairs.

FRIDAY, FEBRUARY 1, 1980

777

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

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

At 2:20 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate adjourned until 10:00 o'clock A.M. Monday.

778

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia

Monday, February 4, 1980

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of Friday, February 1, had been read and found correct.
Senator Robinson of the 27th moved that the Senate reconsider its action of Friday, February 1, in receding from the Senate amendments to the following bill of the House:
HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others: A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and condi tioned air fixtures and systems through the regulation of electrical contrac tors, plumbers and conditioned air contractors.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the motion to recede from the Senate amendments to HB 1084 was reconsidered.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 297. By Representative Adams of the 79th: A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Thomaston, Georgia, as the "Leon Smith Bridge".

MONDAY, FEBRUARY 4, 1980

779

HR 482. By Representatives Lawson, Wood and Jackson of the 9th:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Hall County.

HR 542. By Representatives Bostick and Veazcy of the 146th:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Tilt County.

HR 565. By Representative Edwards of the 1 10th:
A resolution proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Taylor Coun ty School District.

HR 568. 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 provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of Lowndes County shall be exempt from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness.

HR 569. By Representatives Scott of the 123rd, Gignilliat of the 122nd, Battle of the 124th and others:
A resolution proposing an amendment to the Constitution so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury.

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

HB 614. By Representative Greer of the 43rd:
A bill to amend Code Chapter 41A-34, relating to business development cor porations, so as to provide that members may voluntarily make loans to a business development corporation that are not subject to the restrictions specified for loans which they are obligated to make.

HB 629. By Representative Phillips of the 120th:
A bill to amend an Act establishing a State Board for the Certification of Librarians so as to provide for renewal fees; to provide for duplicate cer tificates; to provide for duplicate certificate fees;

780

JOURNAL OF THE SENATE,

HB 815. By Representatives Hasty of the 8th, Smith of the 152nd and Johnson of the 66th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to define a homemade trailer for the purposes of the Act; to ex clude homemade trailers from the operation of the Act.

HB 1 106. By Representatives Galer of the 97th, Evans of the 84th, Games of the 43rd and others:
A bill to amend Code Chapter 4-2, relating to relations between principal and agent, so as to provide that certain powers of attorney are not automatically revoked or terminated by the death, disability, or in competence of the principal.

HB 1137. By Representatives Bostick and Veazey of the 146th:
A bill to add one additional judge of the superior courts of the Tifton Judicial Circuit of Georgia.

HB 1151. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to provide for a Georgia Public Safety Training Center; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center.

HB 1188. By Representatives Cox of the 141st, Lord of the 105th, Mann of the 13th and Randall of the 101st:
A bill to amend Code Chapter 88-31, relating to regulation of ambulance services, so as to provide for certain contracts of the law enforcement agen cies of counties and municipalities for ambulance services provided to cer tain persons under criminal charges and in the custody of such agencies.

HB 1189. By Representatives Cox of the 141st, Lord of the 105th, Mann of the 13th and Randall of the 101st:
A bill to amend the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for certain emblems to be used on certain vehicles.

HB 1237. By Representative Phillips of the 59th: A bill to create a new charter for the City of Lilburn.

HB 1245. By Representatives Mangum of the 56th, Vandiford of the 53rd, Clark of the 55th and others:
A bill to amend Code Section 23-2304, relating to appropriations for burial

MONDAY, FEBRUARY 4, 1980

781

of paupers, so as to increase the amount a county may expend for the burial of a pauper.

HB 1256. By Representatives Colwell of the 4th, Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act," so as to constitute, ex officio, the State Board of Offender Rehabilitation as the Georgia Correctional Industries Administration.

HB 1291. By Representative Phillips of the 12()th:
A bill to amend Code Chapter 85-10, relating to tenancies in common, so as to clarify the law relative to joint tenancy of shares and securities of cor porations and multiple party deposit accounts in financial institutions.
HB 1302. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles so as to provide for handicapped parking; to provide for a short title; to define terms; to provide for a system of handicapped parking permits to be ad ministered by the Department of Public Safety.
HB 1315. By Representative Buck of the 95th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System," so as to provide for the inclusion of service as a judge of a state court, a county civil or criminal court or a juvenile court and as a full-time district attorney or solicitor as "creditable service" for purposes of determining eligibility for benefits.

HB 1345. By Representatives Knight of the 67th, Adams of the 36th, Isakson of the 20th and Bolster of the 30th:
A bill to amend an Act creating an energy resources advisory council known as the "Georgia Council for Energy Resources", so as to provide for legislative intent.

HB 1349. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority Act", so as to change the number and composition of the member ship of the Authority.

HB 1363. By Representatives Murray of the 116th, Snow of the 1st, Walker of the 115th and others:
A bill to amend an Act known as the "Statewide Probation Act", so as to change the provisions relating to suspension of sentences in abandonment or bastardy cases.

782

JOURNAL OF THE SENATE,

HB 1423. By Representatives Thomas of the 66th, Murphy of the 18th, Gammage of the 17th and others:
A bill to amend Code Chapter 84-9, relating to medical praetitioners, so as to provide that provisional licenses may be renewed annually without limitation in the ease of applicants who held valid provisional licenses on April 16', 1979.

HB 1430. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for an additional judge of the Superior Court of the Rome Judicial Circuit; to provide for the initial appointment of such judge; to pro vide for the election of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said

HB 1449. By Representative Smith of the 152nd: A bill to amend an Act creating the State Board of Nursing Homes, so as to change the manner of appointing the members of the board; to continue the board and the laws relating thereto but provide for the later termination of the board and the repeal of the laws relating thereto.
HB 1459. By Representatives Games of the 43rd and Thomas of the 66th: A bill to amend Code Section 46-101, relating to the right to writ after judgement, so as to include judgments obtained in federal courts sitting in this state.
HB 1494. By Representative Carries of the 43rd: A bill to authorize any judge of a municipal court of any municipality of the State ot Georgia to expunge the criminal records of individuals under cer tain circumstances.
HB 1511. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the compensation of the judge and solicitor.
HB 15 14. By Representatives Mullinax of the 69th and Ware of the 68th: A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to make the provisions thereof pertaining to elec tions conform to the provisions of the Georgia Municipal Election Code; to provide for elections in odd-numbered years.

MONDAY, FEBRUARY 4, 1980

783

HB 1515. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.

HB 1516. By Representatives Bostick and Veazcy of the 146th:
A bill to provide a new Charter for the City of Cecil in the County of Cook; to provide for the corporate powers of said City.

HB 1518. By Representatives Ware of the 68th and Mullinax of the 69th: A bill to amend an Act to change the compensation of the coroner ol Troup County, so as to change the salary of the coroner.
HB 15 19. 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.
HB 1520. By Representatives Ware of the 68th and Mullinax of the 69th: A bill to amend an Act providing compensation for specified oflicers in Troup County, so as to change the salary ot the sheriff, clerk ot the superior court, tax commissioner, and judge of the probate court.
HB 1524. By Representatives Murray of the 1 16th and Castleberry of the 1 1 1 tli: A bill to amend an Act creating and establishing a small claims court in and for Sumter County, so as to change the provisions relating to service of proc ess; to change the provisions relating to certain fees.

HB 1525. By Representatives Murray of the 116th and Castleberry ot 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.

HB 1526. By Representatives Murray of the 116th and Castleberry of the 1 1 Ith:
A bill to amend an Act consolidating the offices ot tax receiver and tax col lector of Sumter County into the one office of tax commissioner, so as to change the compensation provisions relating to the tax commissioner.

HB 1528. By Representatives Bostick and Veazey of the 146th:
A bill to amend an Act creating and establishing a Charter for the Town of Lenox, so as to change the provisions relating to the election of the mayor and councilmen.

784

JOURNAL OF THE SENATE,

HB 1545. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.

HB 1546. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Sheriff or Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and of fice clerk.

HB 1547. By Representatives Lane of the 8 1st Nessmith of the 82nd:
A bill to amend an Act creating a Board of Commissioners of Bulloch Coun ty, so as to change the provisions relative to the compensation of the clerical assistants.

HB 1548. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerical employee of the judge of the probate court.

HB 1549. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

HB 1550. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.

HB 1077. By Representatives Smith of the 42nd, Murphy of the 18th, Marcus of the 26th and others:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as .to establish and provide for the administration of a controlled substances therapeutic research program.

HB 1 149. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend an Act providing for the regulation and licensing of the operation of nonprofit bingo games, so as to provide for the administration of said Act by the Georgia Bureau of Investigation.

MONDAY, FEBRUARY 4, 1980

785

HB 1271. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act implementing the requirements of the Federal In tergovernmental Cooperation Act of 1968, so as to amend the provisions relative to the functions and authority of area planning and development commissions.

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

SB 534. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Chapter 105-12, relating to indirect injuries to per sons, as amended, so as to provide for damages against certain persons who sell or furnish beer, wine, or alcoholic beverages to minors; to provide for conditions.
Referred to Committee on Special Judiciary.

SB 535. By Senator Howard of the 42nd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to provide no individual policy, plan, certificate, or contract providing tor medicare supplement health insurance shall be sold unless a required disclosure form shall be provided to the proposed buyer.
Referred to Committee on Human Resources.

SB 536. By Senators Fincher of the 52nd, Hudson of the 35th, Fincher of the 54th and others:
A bill to amend an Act creating the Georgia State Board of Physical Therapy, as amended, so as to add a consumer member and provide for terms and qualifications; to change the method of appointment of members; to change quorum requirements; to change certain compensation and ex pense allowances.
Referred to Committee on Governmental Operations.

SB 537. By Senator Foster of the 5()th:
A bill to create and establish a Small Claims Court in and for Rabun Coun ty; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensa tion, qualifications, substitutions, and tenure of the office of the judge of said court.
Referred to Committee on Community Affairs.

SB 538. By Senator English of the 21st:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide a penalty for failure to comply

786

JOURNAL OF THE SENATE,

with a certain provision relating to striking unattended vehicles. Referred to Committee on Transportation.

SB 539. By Senator English of the 21 st:
A bill to amend an Act creating a Joint Advisory Board of Family Practice, as amended, so as to change the provisions relating to standards for family practice residency training programs. Referred to Committee on Human Resources.

SB 540. By Senators Lester of the 23rd and Allgood of the 22nd:
A bill to amend Code Section 84-1412, relating to license fees of real estate brokers and salesmen, as amended, so as to provide tor the renewal of a broker's license or associate brokers' license under certain conditions. Referred to Committee on Industry, Labor and Tourism.

SB 541. By Senator Greene of the 26th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to provide for the reporting of in cidents of physical injury or injuries by other than accidental means by cer tain personnel employed in certain medical facilities.
Referred to Committee on Human Resources.

SB 542. By Senators Greene of the 26th and Littlefield of the 6th:
A bill to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", as amended, so as to change the termination or sunset date of said Act and for the Georgia Board of Private Detective and Security Agencies.
Referred to Committee on Judiciary.

SB 543. By Senators Bell of the 5th, Sutton of the 9th, Bond of the 39th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to pro vide for a Special Investigative Grand Jury with Statewide Jurisdiction; to provide for all procedures, requirements and other matters relative to the foregoing.
Referred to Committee on Judiciary.

SB 544. By Senators Sutton of the 9th, Howard of the 42nd, Eldridge of the 7th and others:
A bill to amend an Act known as the "Georgia Residential Finance Authori ty Act", as amended, so as to provide for legislative findings and declaration of public necessity for the family farm program; to change certain defini tions, to define "family farm".
Referred to Committee on Industry, Labor and Tourism.

MONDAY, FEBRUARY 4, 1980

787

SB 545. By Senator Reynolds of the 48th:
A bill to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, so as to provide for a penalty for failure to register a motor vehicle in a timely manner as provided by law; to provide a penalty for completing an application for registration with false informa tion.
Referred to Committee on Transportation.

SR 304. By Senators Thompson of the 32nd, Barnes of the 33rd, Hill of the 29th and others:
A resolution urging the observance of Secretaries' Week and Secretaries' Day. Referred to Committee on Rules.

SR 306. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution so as to authori/e the General Assembly to grant certain homestead exemptions from ad valorem taxation of tangible property; to provide limitations; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 307. By Senator Tate of the 38th:
A resolution proposing an amendment to the Constitution so as to direct the Board of Regents to establish a program which permits teachers certificated in this state to enroll under certain circumstances in courses offered by the University System of Ceorgia without charge; to provide limitations; to pro vide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Higher Education.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 614. By Representative Greer of the 43rd:
A bill to amend Code Chapter 41A-34, relating to business development cor porations, so as to provide that members may voluntarily make loans to a business development corporation that are not subject to the restrictions specified for loans which they are obligated to make.
Referred to Committee on Industry, Labor and Tourism.

HB 629. By Representative Phillips of the 120th: A bill to amend an Act establishing a State Board for the Certification of

788

JOURNAL OF THE SENATE,

Librarians so as to provide for renewal fees; to provide for duplicate cer tificates; to provide for duplicate certificate fees.
Referred to Committee on Education.

HB 815. By Representatives Hasty of the 8th, Smith of the 152nd and Johnson of the 66th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to define a homemade trailer for the purposes of the Act; to ex clude homemade trailers from the operation of the Act. Referred to Committee on Transportation.

HB 1077. By Representatives Smith of the 42nd, Murphy of the 18th, Marcus of the 26th and others:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as to establish and provide for the administration of a controlled substances therapeutic research program.
Referred to Committee on Human Resources.

HB 1106. By Representatives Galer of the 97th, Evans of the 84th, Carnes of the 43rd and others:
A bill to amend Code Chapter 4-2, relating to relations between principal and agent, so as to provide that certain powers of attorney are not automatically revoked or terminated by the death, disability, or in competence of the principal.
Referred to Committee on Special Judiciary.

HB 1137. By Representatives Bostick of the 146th and Veazey of the 146th:
A bill to add one. additional judge of the superior courts of the Tifton Judicial Circuit of Georgia. Referred to Committee on Judiciary.

HB 1151. Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to provide for a Georgia Public Safety Training Center; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center.
Referred to Committee on Judiciary.

HB 1188. By Representatives Cox of the 141st, Lord of the 105th, Mann of. the 13th and Randall of the 101st:
A bill to amend Code Chapter 88-31, relating to the regulation of am bulance services, so as to provide for certain contracts of the law enforce ment agencies of counties and municipalities for ambulance services provid-

MONDAY, FEBRUARY 4, 1980

789

ed to certain persons under criminal charges and in the custody of such agencies.
Referred to Committee on Human Resources.

HB 1189. By Representatives Cox of the 141st, Lord of the 105th, Mann of the 13th and Randall of the 101st:
A bill to amend the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide for certain emblems to be used on certain vehicles.
Referred to Committee on Industry, Labor and Tourism.

HB 1245. By Representatives Mangum of the 56th, Vandiford of the 53rd, Clark of the 55th and others:
A bill to amend Code Section 23-2304, relating to appropriations for burial of paupers, so as to increase the amount a county may expend for the burialof a pauper.
Referred to Committee on Appropriations.

HB 1256. By Representatives Colwell of the 4th, Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", so as to constitute, ex officio, the State Board of Offender Rehabilitation as the Georgia Correctional Industries Administration. Referred to Committee on Offender Rehabilitation.
HB 1291. By Representative Phillips of the 120th:
A bill to amend Code Chapter 85-10, relating to tenancies in common, so as to clarify the law relative to joint tenancy of shares and securities of cor porations and multiple party deposit accounts in financial institutions. Referred to Committee on Banking, Finance and Insurance.
HB 1302. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles, so as to provide for handicapped parking; to provide for a short title; to define terms; to provide for a system of handicapped parking permits to be ad ministered by the Department of Public Safety. Referred to Committee on Transportation.
HB 1315. By Representative Ware of the 68th:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to change the date by which certain licenses and certificates of authority must be renewed in each year; to authorize staggered deadlines for applica-

790

JOURNAL OF THE SENATE,

tion and payment of fees for renewals; to place certain limitations upon the issuance of temporary licenses.
Referred to Committee on Banking, Finance and Insurance.

HB 1345. By Representatives Knight of the 67th, Adams of the 36th, Isakson of the 20th and Bolster of the 30th:
A bill to amend an Act creating an energy resources advisory council known as the "Georgia Council for Energy Resources", so as to provide for legislative intent.
Referred to Committee on Industry, Labor and Tourism.

HB 1349. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority Act", so as to change the number and composition of the member ship of the Authority. Referred to Committee on Governmental Operations.

HB 1363. By Representatives Murray of the 116th, Snow of the 1st, Walker of the 1 15th and others:
A bill to amend an Act known as the "Statewide Probation Act", so as to change the provisions relating to suspension of sentences in abandonment or bastardy cases.
Referred to Committee on Offender Rehabilitation.

HB 1423. By Representatives Thomas of the 66th, Murphy of the 18th, Gammage of the 17th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to provide that provisional licenses may be renewed annually without limitation in the case of applicants who held valid provisional licenses on April 16, 1979.
Referred to Committee on Human Resources.

HB 1430. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for an additional judge of the Superior Court of the Rome Judicial Circuit; to provide for the initial appointment of such judge; to pro vide for the election of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge.
Referred to Committee on Judiciary.

MONDAY, FEBRUARY 4, 1980

791

HB 1449. By Representative Smith of the 152nd:
A bill to amend an Act creating the State Board of Nursing Homes, so as to change the manner of appointing the members of the board; to continue the board and the laws relating thereto but provide for the later termination of the board and the repeal of the laws relating thereto.
Referred to Committee on Governmental Operations.

HB 1459. By Representatives Carnes of the 43rd and Thomas of the 66th:
A bill to amend Code Section 46-101, relating to the right to writ after judgement, so as to include judgments obtained in federal courts sitting in this state. Referred to Committee on Judiciary.

HB 1494. By Representative Carnes ot the 43rd: A bill to authorize any judge of a municipal court of any municipality of the State of Georgia to expunge the criminal records of individuals under cer tain circumstances.
Referred to Committee on Judiciary.
HB 1237. By Representative Phillips of the 59th: A bill to create a new charter for the City of Lilburn.
Referred to Committee on Community Affairs.
HB 15 11. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the compensation of the judge and solicitor.
Referred to Committee on Community Affairs.
HB 1514. By Representatives Mullinax of the 69th and Ware of the 68th: A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to make the provisions thereof pertaining to elec tions conform to the provisions of the Georgia Municipal Election Code; to provide for elections in odd-numbered years.
Referred to Committee on Community Affairs.
HB 1515. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the Clerk of the Superior Court.
Referred to Committee on Community Affairs.

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JOURNAL OF THE SENATE,

HB 1516. By Representatives Bostick and Veazey of the 146th:
A bill to provide a new Charter for the City of Cecil in the County of Cook; to provide for the corporate powers of said city. Referred to Committee on Community Affairs.

HB 1518. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner. Referred to Committee on Community Affairs.

HB 1519. 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. Referred to Committee on Community Affairs.

HB 1520. 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, clerk of the superior court, tax commissioner and judge of the probate court.
Referred to Committee on Community Affairs.
HB 1524. By Representatives Murray of the 116th and Castleberry of the 1 11th: A bill to amend an Act creating and establishing a small claims court in and for Sumter County, so as to change the provisions relating to service of proc ess; to change the provisions relating to certain fees.
Referred to Committee on Community Affairs.

HB 1525. 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.
Referred to Committee on Community Affairs.

HB 1526. By Representatives Murray of the 116th and Castleberry of the 111 th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Sumter County into the one office of tax commissioner, so as to change the compensation provisions relating to the tax commissioner. Referred to Committee on Community Affairs.

MONDAY, FEBRUARY 4, 1980

793

HB 1528. By Representatives Bostick and Veazey of the 146th:
A bill to amend an Act creating and establishing a Charter for the Town of Lenox, so as to change the provisions relating to the election of the mayor and councilmen. Referred to Committee on Community Affairs.

HB 1545. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court. Referred to Committee on Community Affairs.

HB 1546. By Representatives Lane of the 81 st and Nessmith of the 82nd:
A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and of fice clerk. Referred to Committee on Community Affairs.

HB 1547. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating a Board of Commissioners of Bulloch Coun ty so as to change the provisions relative to the compensation of the clerical assistants. Referred to Committee on Community Affairs.

HB 1548. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerical employee of the judge of the probate court. Referred to Committee on Community Affairs.

HB 1549. By Representatives Lane of the 81 st and Nessmith of the 82nd:
A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees. Referred to Committee on Community Affairs.

HB 1550. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.
Referred to Committee on Community Affairs.

794

JOURNAL OF THE SENATE,

HB 1149. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend an Act providing for the regulation and licensing of the operation of nonprofit bingo games, so as to provide for the administration of said Act by the Georgia Bureau of Investigation.
Referred to Committee on Special Judiciary.

HB 1271. By Representative Wood, Jackson and Lawson of the 9th:
A bill to amend an Act implementing the requirements of the Federal In tergovernmental Cooperation Act of 1968, so as to amend the provisions relative to the functions and authority of area planning and development commissions.
Referred to Committee on Community Affairs.

HR 297. By Representative Adams of the 79th:
A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Thomaston, Georgia, as the "Leon Smith Bridge". Referred to Committee on Transportation.

HR 482. By Representatives Lawson, Wood and Jackson of the 9th:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Hall County. Referred to Committee on Public Utilities.

HR 542. By Representatives Bostick and Veazey of the 146th:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Tift County. Referred to Committee on Public Utilities.

HR 565. By Representative Edwards of the 1 10th:
A resolution proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Taylor Coun ty School District.
Referred to Committee on Community Affairs.

HR 568. 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 provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of Lowndes County shall be exempt from all ad valorem taxation

MONDAY, FEBRUARY 4, 1980

795

tor county and school purposes, except to pay interest on and retire bonded indebtedness.
Referred to Committee on Community Affairs.

HR 569. By Representatives Scott of the 123rd, Gignilliat of the 122nd, Battle of the 124th and others:
A resolution proposing an amendment to the Constitution so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury.
Referred to Committee on Community Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 389. Do pass by substitute. SB 469. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman
Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 85. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

796

JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1402. Do pass. HB 1544. Do pass. HR 551. Do pass. HR 552. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:
Your Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:

SR 237. SR 261. SR 271. SR 297.

Do pass. Do pass by substitute. Do pass. Do pass as amended.

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

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

SB 340. By Senators Littlefield of the 6th and Howard of the 42nd:
A bill to amend an Act providing for personal jurisdiction over non residents, as amended, so as to provide for jurisdiction over non-residents in actions concerning the paternity and support of children conceived as a result of sexual intercourse by the non-resident within this state.

SB 407. By Senators Starr of the 44th, Howard of trie 42nd, Gillis of the 20th and others:
A bill to require notification to certain local authorities of the escape of cer tain inmates from the custody of the Department of Offender Rehabilitation.

MONDAY, FEBRUARY 4, 1980

797

SB 416. By Senators Robinson of the 27th and Greene of the 26th:
A bill to provide for the removal of abandoned motor vehicles from public streets, roads, highways, and other public or private property; to define the term "abandoned motor vehicle"; to require persons who remove and store abandoned motor vehicles to seek the owners of such vehicles.

SB 439. By Senator Barnes of the 33rd:
A bill to amend Code Section 57-108, relating to interest on judgments, so as to change the rate of interest.

SB 467. By Senators Kidd of the 25th, Summers of the 53rd and Reynolds of the 48th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to require the delivery of certificates of title from the transferor to the transferee within a specified time.

SB 482. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to change the provisions relating to the payment of certain application and filing fees.

SB 483. By Senator Kidd of the 25th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to require the payment of certain application and filing fees.
SB 486. By Senator Greene of the 26th: A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide an alternate form of service of process in certain cases; to provide for other matters relative to the foregoing.

SB 501. By Senators Reynolds of the 48th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Title 95A, known as the "Georgia Code of PublicTransportation", as amended, so as to amend the definition concerning "In dustrial or commercial activity" so as to require that those activities within 660 feet of the nearest edge of the right-of-way must not only be visible from the main traveled way but must also be recognizable as being an industrial or commercial activity.

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SB 503. By Senators Lester of the 23rd, Gillis of the 20th, Turner of the 8th and others:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall be eligible for consideration for parole upon completion of ten years' service.

SB 520. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to authorize the State Board of Pardons and Paroles to adopt rules and regulations, policies, and procedures for the granting of earned time to a parolee or other conditional releasee in the same manner as if such releasee were serving the sentence in custody.

SB 521. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to require the Board to adopt, implement and maintain a parole guidelines system for determining parole action.

SB 522. By Senators Wessels of the 2nd, Riley of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage so as to increase the number of pilots the Board of Pilotage Commissioners for the port of Savannah is authorized to license.

SR 281. By Senators Reynolds of the 48th, Brown of the 47th and Ballard of the 45th:
A resolution urging the United States Congress to allocate to each of the state highway departments for maintenance of state and local roads any in crease of the federal motor fuels tax if such increase is deemed necessary by Congress.

SR 290. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Towns County to direct the governing authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Towns County school district; to provide for the submission of this amendment for ratification or rejection.

HB 104. By Representatives Buck of the 95th, Johnson of the 72nd and Lambert of the 112th:
A bill providing retirement benefits for the clerks of the superior courts of

MONDAY, FEBRUARY 4, 1980

799

Georgia so as to provide for additional members of the Board of Commis sioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners.

HB 1082. By Representatives Lambert of the 112th and Hatcher of the 131st:
A bill to amend an Act known as the "Georgia Residential Financial Authority Act", so as to change the maximum amount of bonds and notes which the Authority may have outstanding at any one time.
HB 1177. By Representatives Jessup of the 117th, Edwards of the 110th, Knight of the 67th and others:
A bill to amend Article III of Code Title 68B, relating to cancellation, suspension and revocation of licenses, so as to change the provisions relating to points assessed for offenses with respect to the suspension or revocation of licenses; to change the provisions relating to habitual violators.

HB 121 1. By Representatives Lambert of the 112th, Vaughn of the 57th and Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporation Act", so as to change the method of incorporation, amendment of articles of incorporation, and consolidation of electric membership corporations.

HB 1233. By Representatives Colbert of the 23rd, Vaughn of the 57th, Bargcron of the 83rd and others:
A bill to amend an Act providing for the registration and regulation of cemeteries, so as to change the provisions relating to registration fees; to change the provisions relating to sales of merchandise and installment con tracts.

HB 1239. By Representatives Carrell of the 75th and Johnson of the 74th:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relative to the terms of the Superior Court of Walton County.
HR 435. By Representatives Greer of the 43rd, Adams of the 36th and Murphy of the 18th:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the Resolution.

HR 470. By Representatives Burton of the 47th, Linder of the 44th, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide

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JOURNAL OF THE SENATE,

for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the citv.

HR 478. By Representative Johnson of the 74th:
A resolution proposing an amendment to the Constitution so as to grant each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District.

HR 521. By Representative Johnson of the 74th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes -for each resident of Newton County who is 65 years of age or over.

HR 544. By Representative Crawford of the 5th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the Town of Trion, who are 65 years of age or older, shall be granted an exemption of $2,000 which may be increased to not more than $4,000 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation.

SB 476. By Senator Foster of the 50th:
A bill to create and establish a Small Court in and for Lumpkin County, to prescribe the jurisdiction of said court; to prescribe the pleading and prac tice in said court; to provide for the election, duties, powers, compensa tion, qualifications, substitutions and tenure of the office of the judge ot said court.

SB 524. By Senator Overby of the 49th:
A bill to amend an Act creating a new charter for the City of Flowery Branch so as to change the provisions relating to the election of councihnen.

SB 527. By Senator Paulk of the 13th:
A bill to consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide for the rights, duties, and liabilities of said office; to provide for the elec tion of the tax commissioner; to provide for terms of office.

MONDAY, FEBRUARY 4, 1980

801

HB 1194. By Representatives Tolbert of the 56th, Williamson of the 45th, Mangum of the 56th and others:
A bill to amend Code Section 91 A-1022, relating to taxes payable to coun ty in which returns are made, so as to change the provisions relating to tax due dates in certain counties.

HB 1270. By Representative Rowland of the 1 19th:
A bill providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the terms of the mayor and council of the City of Dublin.

HB 1489. By Representatives Chamberlin of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts.

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

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincherof 52nd Fincher of 54th Foster Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd ' Land Langford Lester Littlefield McGill Overby Paulk Reynolds

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

Those not answering were Senators:
Allgood Bond Dean

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JOURNAL OF THE SENATE,

Senator Foster of the 50th introduced the chaplain of the day, Dr. Bill Self, pastor of the Wieuca Road Baptist Church, Atlanta, Georgia, who offered Scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 310. By Senators Greene of the 26th, Langford of the 51st, Eldridge of the 7th and others:
A resolution expressing gratitude to the Right Honorable Joe Clarke, G.M.G., Prime Minister of the Dominion of Canada, to His Excellency Ken neth Taylor, Canadian Ambassador to Iran, and to the people of Canada for the rescue of the six Americans.

Senator Greene of the 26th introduced Honorable Ralph W. Stewart, Consul General, of the Canadian Consulate in Atlanta, Georgia, who briefly addressed the Senate.

The following resolutions of the Senate were read and adopted:

SR 305. By Senators Wcssels of the 2nd, Littlefield of the 6th and Riley of the 1st: A resolution commending Mr. Cherry L. Emerson.

SR 308. By Senators Tate of the 38th and Stephens of the 36th: A resolution commending the family of Mr. Weyman Cameron.

SR 309. By Senators Tate of the 38th, Stephens of the 36th and Dean of the 31 st: A resolution commending Odell Owens, Jr.

SENATE RULES CALENDAR Monday, February 4, 1980
TWENTY-SECOND LEGISLATIVE DAY
SB 484. Junior College--increase in compensation of faculty members (H Ed--43rd)
SB 145. Public School Employees' Health Insurance--include other employees (Ed--53rd)
SB 393. Pistol, Revolver License--issued by sheriff of each county (S Judy -22nd)

MONDAY, FEBRUARY 4, 1980

803

SB 394. Superior Court Jurors--expense allowance range (S Judy--22nd)
SB 402. Board of Regents and Board of Education--joint meetings (SUB STITUTE) (Ed-50th)
SB 405. Crime of Bail Jumping--create (SUBSTITUTE) (Judy--44th)
SB 468. Unfair Methods and Practices--nonrenewal of insurance policy because of health (BF&I-43rd)
SB 473. Firelighters Assigned to Protect Certain Airports--minimum requirements (AMENDMENT) (Gov Op--35th)
SB 485. Burglary--change provisions on definition of burglary (Judy--26th)
SB 497. Deputy Registrars--principals inform students of powers of officials (GovOp-25th)
SB 502. Personnel Board and Merit System--conduct business by phone special circumstances (Gov Op--25th)
SR 257. Homestead Exemption--change maximum amount which may be granted (BF&I--8th)
SR 266. Grants to Local Governments--General Assembly make and target tax relief (SUBSTITUTE) (BF&I-23rd)
SR 267. Tax Exemption--limitations upon period may be granted (BF&I -23rd)
SR 273. Alcoholic Beverage Tax for Educational Programs--General As sembly levy (BF&I-32nd)
SR 280. City Recorder's, Mayor's, Police Courts--disposal of certain marijuana cases (S Judy--34th)
SR 285. High School Association Study Committee--create (Ed--50th)
HB 553. Providing Information to Professional Health Care Revision Or ganizations--immunity from liability (SUBSTITUTE) (Judy-- 26th)
HB 1078. Commission of Indian Affairs--abolish (Gov Op--25th)

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

Senator Stephens of the 36th moved that the Senate insist upon the Senate amend ments to the following bill of the House:

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JOURNAL OF THE SENATE,

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect honieowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and con ditioned air fixtures and systems through the regulation of electrical con tractors, plumbers and conditioned air contractors.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate in sisted upon the Senate amendments to HB 1084.

Senator Holloway of the 12th, President ProTempore, assumed the Chair.

The following bill of the Senate, having been read the third time on January 3 1 and postponed until February 4, was put upon its passage:

SB 484. By Senator Scott of the 43rd:
A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to provide for certain additional payments to a local operating authority to be used exclusively to increase the compensation of faculty members of the college operated by said local operating authority.

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

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

Those voting in the all irmative were Senators:

Ballard Barker Barries Bell Bond Brantle\ Brown of 47th Brvant Carter Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster G irene Hill Horton
Howard
Hudgins
Hudson Johnson Kidd Land Langford Lester Littlefield

McGill Paulk Robinson Scott Stephens
Stumbaugh Summers Sutton Tate Thompson Timmons Tysinger

MONDAY, FEBRUARY 4, 1980

,805

Those voting in the negative were Senators:

Broun of 46th English Gillis Kennedy

Overbv Reynolds Rilev Starr

Turner Wessels

Those not voting were Senators:

Allgood Cobb

Holloway (presiding) Russell

Walker

On the passage of the bill, the yeas were 40, nays 10.

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

Senator Scott ot the 43rd moved that SB 484 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 484 was immediately transmitted to the House.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:
SB 393. By Senators Allgood of the 22nd and Walker of the 19th:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to provide that pistol or revolver licenses shall be issued by the sheriff of each county rather than the probate judge; to provide for continued validity ol existing licenses.

Senator Barnes of the 33rd moved that SB 393 be postponed until Tuesday, February 5.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 393 was postponed until Tuesday, February 5.

The following bill of the Senate was taken up for the purpose ot considering the House action thereon:
SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean ol the 31 st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or tor cer-

806

JOURNAL OF THE SENATE,

tain persons is prohibited; to provide for legislative findings; to provide an effective date.

The House substitute to SB 68 was as follows:
A BILL
To be entitled an Act to amend Code Section 58-612, relating to the fur nishing of liquor to minors, as amended, so as to change the age at which persons can be furnished alcoholic beverages; to redefine the crime and change the punishment; to amend an Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), so as to change the applicable age; to make it unlawful for certain persons to possess alcoholic beverages; 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, so as to change the applicable age; to provide for legislative findings; to provide for construction of this Act; to authorize certain persons to purchase or consume certain items; to provide for other matters relative to the foregoing; to make editorial changes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that teenage drinking is becom ing an increasingly serious problem in this State.
Section 2. Code Section 58-612, relating to the furnishing of liquor to minors, as amended, is hereby amended by striking in its entirety Code Sec tion 58-612, which reads as follows:
"58-612. Furnishing liquor to minors--Any person who knowingly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intox icating or malt liquors, without first obtaining written authority from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five years.",
and substituting in lieu thereof a new Code Section 58-612 to read as follows:
"58-612. Furnishing liquor to persons under 19 years of age. (a) Ex cept as may be now or hereafter provided by law, it shall be unlawful for any person knowingly, by himself or through another, to furnish or cause to be furnished, or permit any other person in his employ to furnish any person under 19 years of age any distilled spirits, wines, malt beverages or other alcoholic beverages, unless furnished for consumption for medical purposes pursuant to a prescription of a physician duly authoriz ed to practice medicine in this state, for consumption at a religious ceremony.

MONDAY, FEBRUARY 4, 1980

807

(b) Any person violating the provisions of subsection (a) shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor; provided, however, no person shall be convicted under this Code Section if such person has been furnished with proper iden tification which states that the person who is being furnished the distilled spirits, wine, malt beverage, or alcoholic beverage is 19 years of age or older."
Section 3. An Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), is hereby amended by striking Sections 1, 2, and 3 of said Act, which read as follows:
"Section 1. It shall be unlawful for any minor to purchase anyalcoholic, spirituous, malt or intoxicating liquors or beverages, provided that this section shall not apply to any such liquors or beverages to be consumed for medical purposes pursuant to a prescription by a dulylicensed physician under the laws of the State of Georgia.
Section 2. It shall be unlawful for any minor to falsely misrepresent his age in any manner whatever, for the purpose of illegally obtaining any alcoholic, spirituous, malt or intoxicating liquors or beverages.
Section 3. It shall be unlawful for any person to knowingly and in tentionally act as agent to purchase or acquire any alcoholic, spirituous, malt or intoxicating liquors or beverages for or on behalf of a minor, ex cept for the authorized purposes set forth in section 1 of this Act.",
and substituting in lieu thereof new Sections 1,2, and 3 to read as follows:
"Section 1. Except as may be now or hereafter provided by law, it shall be unlawful for any person under 19 years of age to purchase or knowingly possess any alcoholic, spirituous, malt, or intoxicating liquors or beverages, provided that this section shall not apply to any such li quors or beverages to be consumed for medical purposes pursuant to a prescription issued by a duly licensed physician under the laws of the State of Georgia, or for consumption in the home with parental consent.
Section 2. It shall be unlawful for any person under 19 years of age to misrepresent his age in any manner whatever, for the purpose of il legally obtaining any alcoholic, spirituous, rnalt, or intoxicating liquors or beverages.
Section 3. It shall be unlawful for any person, knowingly and inten tionally, to act as an agent to purchase or acquire any alcoholic, spirituous, malt, or intoxicating liquors or beverages for or on behalf of a person under 19 years of age, except for the authorized purposes set forth in Section 1 of this Act."
Section 4. Said Act approved April 18,1967, is further amended by ad ding following Section 2 a new Section 2.1 to read as follows:
"Section 2.1. Whenever any person who has not been previouslyconvicted of any offense under this Act or under any other law of the United States or this or any other state relating to alcoholic beverages

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JOURNAL OF THE SENATE,

pleads guilty to or is found guilty of a violation of Section 1 or Section 2 of this Act, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require. Said terms of probation shall preferably be such as require the person to undergo a comprehensive rehabi 'tation program (including, if necessary, medical treatment), not to exceed three years, designed to ac quaint him with the ill effects of alcohol abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of proba tion, the court may enter an adjudication of guilt and proceed according ly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court ad judication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this sec tion may occur only once with respect to any person."
Section 5. An Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking from Section 15 the following:
"Any person",
and substituting in lieu thereof the following:
"Except as otherwise provided by law, any person",
and by striking the following:

and substituting in lieu thereof the following:
"person under 19 years of age",
so that when so amended Section 15 of said Act shall read as follows:
"Section 15. Except as otherwise provided by law, any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any person under 19 years of age, to any person who is noticeably in toxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon con viction, shall be punished as for a misdemeanor."
Section 6. Nothing in this Act shall be construed to prohibit persons under 19 years of age from dispensing, serving, selling, handling, or from being employed in any brewery or other establishment wherein any distilled spirits, wines, malt beverages or other alcoholic beverages are distilled or manufactured or taking orders for distilled spirits, wines, malt beverages or other alcoholic beverages and having possession of distilled spirits, wines,

MONDAY, FEBRUARY 4, 1980

809

malt beverages or other alcoholic beverages in so doing if such conduct is not otherwise prohibited by an Act restricting the employment of persons under 18 years of age to dispense, serve, sell, or take orders for distilled spirits, wines, malt beverages or other alcoholic beverages and providing ex ceptions thereto, approved March 5, 1976 (Ga. Laws 1976, p. 409).
Section 7. (a) Notwithstanding any other provision of the law to the contrary, any person who is 18 years of age or older and who is a full time member of the armed forces of the United States is hereby authorized to pur chase or consume, or both, any alcoholic, spirituous, malt, vinous, or intox icating liquors.
(b) In order to purchase any such beverages under subsection (a), a per son must present a valid military identification card.
Section 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain 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 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Thompson of the 32nd moved that the Senate disagree to the House substitute to SB 68.

On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 68.

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

SB 394. By Senator Allgood of the 22nd:
A bill to amend Code Section 59-120, relating to compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the range within which the expense allowance for jurors in the superior court is set.

Senator Barnes of the 33rd moved that SB 394 be postponed until Tuesday, February 5.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 394 was postponed until Tuesday, February 5.

810

JOURNAL OF THE SENATE,

SB 402. By Senators Foster of the 50th and Timmons of the 11 th:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System, as amended, so as to provide for joint meetings of the Board of Regents and the State Board of Education; to provide for the con duct of said meetings; to provide for the preparation and submission of the proposed agenda of said meetings; to provide an effective date.

The Senate Committee on Education offered the following substitute to SB 402:

A BILL
To be entitled an Act to amend Code Chapter 32-1, relating to the Board of Regents and the University System, as amended, so as to provide for joint meetings of the Board of Regents and the State Board of Education; to provide for the conduct of said meetings; to provide for the preparation and submission of the proposed agenda and minutes of said meetings; to pro vide for meetings of a joint committee composed of members of the respec tive boards and the preparation and submission of the minutes of such meetings; 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 32-1, relating to the Board of Regents and the University System, as amended, is hereby amended by adding a new section immediately following Section 32-109, to be designated as Section 32-109.1, to read as follows:
"32-109.1. Joint meetings of the Board of Regents and the State Board of Education, (a) The members of the Board of Regents and the members of the State Board of Education shall meet together at least once a year, at such time and at such place as they may provide, for the purpose of discussing and assessing the educational needs of the state, such as in the areas of curriculum coordination, vocational education, educational media, joint enrollment programs, teacher education and certification, career counseling, athletics, and remedial or developmental studies programs. The chairmen of the respective boards shall provide for the conduct of said meetings.
(b) The chairman of the Board of Regents and the chairman of the State Board of Education shall jointly prepare a proposed agenda of each annual or supplemental meeting, shall provide for minutes to be kept of each annual meeting, and shall submit copies of the same to the Gover nor, the Lieutenant Governor, the chairmen of the Senate Committees on Appropriations, Education, and Higher Education, and to the chairmen of the House of Representatives Committees on Appropriations, Educa tion, and the University System of Georgia.
(c) (1) The chairmen of the Board of Regents and the State Board of Education shall appoint a joint committee comprised of equal numbers of members of the respective boards at each annual meeting. Said com mittee shall meet during the year on a quarterly basis to coordinate and

MONDAY, FEBRUARY 4, 1980

811

study further the educational needs of the state. The members of said committee may provide for the time, location, and conduct of its meetings and may call additional meetings if necessary.
(2) Minutes shall be kept of each meeting of said joint committee and copies of the same shall be sent to the Governor, the Lieutenant Governor, the chairmen of the Senate Committees on Appropriations, Education, and Higher Education, and to the chairmen of the House of Representatives Committees on Appropriations, Education, and the University System of Georgia."
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 arc hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb
Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy
Kidd Land Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Allgood Brown of 47th

Holloway (presiding) Russell

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

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

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

SB 468. By Senator Scott of the 43rd:
A bill to amend Code Section 56-712, relating to the continuation ot defini tions of unfair methods and practices, as amended, so as to provide that it shall be an unfair and deceptive act or practice to terminate, modify, or refuse to issue or renew any property or casualty policy or contract of in surance solely because the applicant or insured or any employee is either mentally or physically impaired.

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

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 Bryant Carter Cobb Covcrdell Dean Eklridge English Evans Finchcr of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester Liltlefield McGill Overbv Panlk '

Reynolds R ilex-
Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Holloway (presiding)

Land Langlord

Russell Summers

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 4, 1980

813

>

SB 473. By Senators Hudson of the 35th and Stephens of the 36th:

A bill to amend an Act known as the "Georgia Firefighter^Standards anil Training Act", as amended, so as to provide for minimum requirements of professional competence for personnel assigned to protect certain airports located in state.

The Senate Committee on Governmental Operations olfereil the following amend ment:

Amend SB 473 by inserting in Section 2 on Page 2, line 12, between tinwords "complete" and "a", the following language:
"within 60 davs".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

On the passage ot 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 Brantlcy Brown of 47th Brvant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk '

Voting in the negative was Senator Lester.

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutlon Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th Evans

Holloway (presiding) Hudgins Land

Littlef ield Riley Russell

814

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 45, nays 1.

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

SB 485. By Senator Greene of the 26th:
A bill to amend Code Section 26-1601, relating to burglary, as amended, so as to change the provisions relating to the definition of burglary; to provide for clarification with respect to penalties.

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

On the passage of the bill, a roll call was taken, 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 Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

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

Riley Robinson ,Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Coverdell

Holloway Land

Littlefield Russell

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 4, 1980

815

SB 497. By Senator Kickl of the 25th:
A bill to amend Code Section 34-604, relating to deputy registrars under the "Georgia Election Code", as amended, so as to provide for principals or assistant principals of high schools and directors of area vocational schools to inform their students of the powers conferred upon such officials under the provisions of this Code section.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter
Cobb
Dean Eldridge English Evans . Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Rilev Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th Coverdell

Holloway (presiding) Littlefield Russell

Timmons

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

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

SB 502. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, as amended, so as to authorize the board to conduct official business, without notice, by telephone under special circumstances.

816

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 eall was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantlev Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge Evans Fineher of 52nd Fineher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Tate Thompson Turner Ty singer Walker Wessels

Those voting in the negative were Senators:

Barnes Johnson

Stumbaugh Sutton

Those not voting were Senators:

Allgood English

Holloway (presiding) Russell

Timmons

On the passage of the bill, the yeas were 46, nays 4.

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

SR 257. By Senators Turner of the 8th, Lester of the 23rd, Timmons of the 11 th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the max imum amount of exemption which may be granted from ad valorem taxa tion of homesteads; to provide for submission of this amendment for ratifica tion or rejection; and for other purposes.

MONDAY, FEBRUARY 4, 1980

817

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section 1, Paragraph IV of the Constitution is hereby amended by striking from the third unnumbered paragraph thereof the following:
"$2,000.00",
and substituting in lieu thereof the following:
"$10,000.00",
so that when so amended said paragraph shall read 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 $ 10,000.00 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 ex cept to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and ob tain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said ex emption 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."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase from [ ] NO $2,000.00 to $10,000.00 the maximum basic homestead exemption which may be granted from state, county, and school taxes?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.

818

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Ballard
Barker
Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant
Carter Gobi) Coverdell Dean Eld ridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Grecne Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overbv Paulk ' Reynolds

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

Voting in the negative was Senator Hudgins. Not voting were Senators Allgood and Holloway (presiding).

On the adoption of the resolution, the yeas were 52, nays 1.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:35 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 5, 1980

819

Senate Chamber, Atlanta, Georgia Tuesday, February 5, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House adheres to 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 1084. By Representatives Adams of the 36th, Lane of the 40th, Games of the 43rd and others: A bill to protect homeowners, property owners, tenants, and the general public-against faulty, inadequate, and unsafe electrical plumbing, and conditioned air fixtures and systems through the regulation of electrical contractors, plumbers, and conditioned air contractors.
The Speaker has appointed on the part of the House, Representatives Foster of the 6th, Isakson of the 20th and Adams of the 36th.
The House adheres to 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 672. By Representatives Thompson of the 93rd, Johnson of the 74th and Bishop of the 94th: A bill to amend Code Chapter 27-13, relating to call of the docket in criminal cases, so as to provide for discovery in criminal cases of statements made by defendants while in police custody and of scientific reports; to pro vide for procedure in relation thereto; to provide for an exclusionary rule.

820

JOURNAL OF THE SENATE,

The Speaker has appointed on the part of the House, Representatives Johnson of the 74th, Thompson of the 93rd and Bishop of the 94th.

The House insists on its position in substituting the following bill of the Senate:

SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

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

HB 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.

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

HR 573. By Representative Lord of the 105th:
A resolution designating a certain bridge as the W. B. Smith Memorial Bridge.

HR 578. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution so as to exempt a certain amount of the assessed value of homesteads owned by certain per sons in Rockdale County from ad valorem taxation for school purposes.

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

HB 390. By Representative Snow of the 1st:
A bill to provide a civil procedure for the determination of paternity; to provide the jurisdiction of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who

TUESDAY, FEBRUARY 5, 1980

821

may bring such actions; to provide that the child shall be made a party to such actions.

HB 1099. By Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to change certain provisions on time limitations on claims.

HB 1165. By Representative Ham of the 80th:
A bill to amend Code Chapter 58-8, relating to regulation and taxation of wine, so as to authorize the issuance of a license for the manufacture in this state and the wholesale and retail sale in this state of wine by certain per sons.

HB 1186. By Representatives Savage of the 25th, Rowland of the 119th, Wall of the 61 st and Marcus of the 26th:
A bill to amend Code Chapter 88-20, relating to eye banks, so as to provide for removal of eye tissue and corneal tissue from decedents.

HB 1195. By Representatives Home of the 104th, Phillips of the 120th, Johnson of the 72nd and others:
A bill to amend Code Section 91A-236, relating to the date for payment of tax or making return when the due date falls on a Saturday, Sunday, or legal holiday, so as to provide for the postponement of the payment of taxes of license fees on automobiles, trucks, and trailers when the date for payment falls on a Saturday, Sunday, or legal holiday.

HB 1479. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia State Financing and Invest ment Commission Act", so as to change certain provisions relating to pro ceeds and income earned by the commission.

HB 1487. By Representatives Bishop of the 94th, Collins of the 144th, Hanner of the 130th and others:
A bill to amend an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards, so as to clarify legislative intent with respect to taxability within this state of in demnification paid pursuant to the Act.

HB 1506. By Representatives Murphy of the 18th, Burruss of the 21st, Cooper of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas.

822

JOURNAL OF THE SENATE,

HB 1509. By Representatives Nessmith of the 82nd, Reaves of the 147th, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to change the provisions relating to the membership of agricultural commodities commissions.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 31. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 84-1102, relating to the Georgia State Board of Examiners in Optometry, so as to provide for the appointment of an addi tional member to the Board; to change certain of the provisions relative to the appointment of members.

SB 362. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the development of water well stan dards Advisory Council, approved March 31, 1976 (Ga. Laws 1976, p. 974), so as to provide for the appointment and qualification of an additional member to the Water Well Standards Advisory Council.

SB 377. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-2, as amended, particularly by an Act ap proved March 30, 1977 (Ga. Laws 1977, p. 1063), so as to provide for the appointment of an additional member to the State Board of Accountancy.

The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 359. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, so as to pro vide for the appointment and qualification of an additional member to the Georgia Board of Registered Professional Sanitarians.

SB 364. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Georgia Board of Physical Therapy, ap proved March 27, 1972 (Ga. Laws 1972, p. 388), so as to provide for the ap pointment and qualification of an additional member to the Board.

SB 365. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Registration of Foresters, approved Feb. 21, 1951 (Ga. Laws 1951, p. 581), as amended, so as to pro-

TUESDAY, FEBRUARY 5, 1980

823

vide for the appointment and qualification of an additional member to the Board.

SB 366. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act relating to the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), so as to provide for the appointment and qualification of an additional member to the Board.
SB 367. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act creating a Board of Polygraph Examiners, approved April 9, 1968 (Ga, Laws 1968, p. 1217), as amended, so as to provide for the appointment and qualification of an additional Board member.
SB 368. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act providing for the licensing of practical nurses, ap proved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), so as to pro vide for the appointment and qualification of an additional member to the Georgia Board of Examiners of Licensed Practical Nurses.

SB 369. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Barber Act," relating to the Georgia State Board of Barbers, approved April 19, 1973 (Ga. Laws 1973, p. 1450), so as to provide for the appointment and qualification of an addi tional member to the Georgia State Board of Barbers.

SB 371. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the Board of Recreation Examiners of the State of Georgia, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended, so as to provide for the appointment and qualification of an addi tional member to the Board.

SB 372. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Georgia State Occupational Therapy Licensing Act," approved March 31, 1976 (Ga. Laws 1976, p. 993), so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Occupational Therapy.

SB 374. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the licensure of applied psychologists, approved Feb. 21, 1951 (Ga. Laws 1951, p. 408), as amended, so as to pro vide for the appointment and qualification of an additional member to the State Board of Examiners of Psychologists.

824

JOURNAL OF THE SENATE,

SB 375. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act," approved April 8, 1969 (Ga. Laws 1969, p. 272), so as to provide for the appointment and qualification of an additional member to the State Board of Examiners of Certified Water and Wastewater Treatment Plant Operators.

SB 376. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act," as amended, so as to provide for the qualification and ap pointment of an additional member to the Board of Veterinary Medicine; to provide procedures connected with the foregoing.

SB 360. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975", as amended, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Geologists.

SB 378. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-5, relating to the regulation of chiroprac tic and the Board of Chiropractic Examiners, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Chiropractic Examiners; to repeal conflicting laws.

SB 461. By Senator Timmons of the 11 th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Miller County into the office of the tax commissioner of Miller County, approved March 31, 1967 (Ga. Laws 1967, p. 2332), so as to change the compensation provisions relating to the tax commissioner; to provide an effective date.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 605. By Representatives Coleman of the 118th, Gignilliat of the 122nd; and Rowland of the 119th: A resolution commending the State Medical Examination Board, the Agricultural Extension Service of the University of Georgia, and the Medical College of Georgia.

TUESDAY, FEBRUARY 5, 1980

825

HR 614. By Representatives Russell of the 64th, Smyre of the 92nd, Marcus of the 26th, and others:
A resolution providing for recognition and endorsement of the International Cultural Center, ICC Working Model and nonpolitical Global Plenipoten tiary Conference on Interim Arrangements for an International Cultural Center System.

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

SB 546. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor in connection with the preparation, adoption, or veto of annual budgets for the operation of the city.
Referred to Committee on Community Affairs.
SB 547. By Senator Kidd of the 25th: A bill to amend an Act creating the Magistrate's Court of Baldwin County so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates.
Referred to Committee on Community Affairs.
SB 548. By Senator Kidd of the 25th: A bill to amend an Act creating a board of commissioners of Baldwin Coun ty, as amended, so as to provide for the election of board members from districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office.
Referred to Committee on Community Affairs.
SB 549. By Senator Wessels of the 2nd: A bill to amend an Act creating a new charter for the Town of Thunderbolt so as to change the corporate limits of the town; to provide for a referendum to be held within and without the town.
Referred to Committee on Community Affairs.
SB 550. By Senator Wessels of the 2nd: A bill to amend an Act creating a new charter for the Town of Thunderbolt so as to change certain provisions relating to the maximum amount of ad valorem tax which may be levied by said town; to provide an effective date.
Referred to Committee on Community Affairs.

826

JOURNAL OF THE SENATE,

SB 551. By Senator Brantley of the 56th:
A bill to amend, as a matter of general law, the charter of each city in this state having a population in excess of 450,000 inhabitants, as indicated by the 1970 United States decennial census or any subsequent such census; to provide for the creation of a police commission for each such city.
Referred to Committee on Community Affairs.

SB 552. By Senator Wessels of the 2nd:
A bill to amend an Act known as the "Georgia Professional Corporation Act" so as to expand coverage to include by its terms the profession of con ducting vessels inward to and outward from the several coastal ports and rivers of this state and commonly referred to as "piloting"; to provide an ef fective date.
Referred to Committee on Transportation.

SB 553. By Senators Hudson of the 35th, Riley of the 1st, Thompson of the 32nd and others:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, as amended, so as to provide for the employment of securi ty guards at the George L. Smith II Georgia World Congress Center.
Referred to Committee on Industry, Labor and Tourism.

SB 554. By Senator Bryant of the 3rd:
A bill to amend an Act creating the Commissioners for Mclntosh County, as amended, so as to change certain provisions relating to the filling of vacan cies. Referred to Committee on Community Affairs.

SB 555. By Senator Bryant of the 3rd:
A bill to amend an Act creating the board of commissioners of Mclntosh County, as amended, so as to change certain provisions relating to approval of officers' bonds. Referred to Committee on Community Affairs.

SB 556. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to provide for the creation of the Capital City Safety Assistance Com mittee; to provide for the purpose of the Committee; to provide for the membership of the Committee; to provide for local government account ability to the Committee.
Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 5, 1980

827

SB 557. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to amend Code Section 105-502, relating to when an employer is liable for the negligence of the contractor, so as to provide that an employer engaged in the business of carrying passengers for hire shall be liable for in tentional injuries or damages to persons or property caused by the contrac tor.
Referred to Committee on Industry, Labor and Tourism.

SB 558. By Senator Land of the 16th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex off icio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, as amended, so as to abolish the office of marshal of the Municipal Court of Columbus, Georgia.
Referred to Committee on Community Affairs.

SB 559. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county.
Referred to Committee on Community Affairs.

SB 560. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court of Jasper County so as to change the provisions relating to the jurisdiction of such court; to change the provisions relating to the powers of the judge; to change the provisions relating to vacancies and substitute judges.
Referred to Committee on Community Affairs.

SR 311. By Senators Hudgins of the 15th and Land of the 16th:
A resolution proposing an amendment to the Constitution so as to create at ten-year intervals a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city and, in its discretion, to propose a new charter or changes in the existing charter which will be submitted to the voters of said city; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 314. By Senators Coverdell of the 40th and Bond of the 39th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to control or limit by local law the provision of public safety services by the governing authority of Fulton County and create

828

JOURNAL OF THE SENATE,

districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 315. By Senator Lester of the 23rd:
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, as amended, that occur in the County of Richmond; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 316. By Senator Eldridge of the 7th: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and refer red to committees:
HB 390. By Representative Snow of the 1st: A bill to provide a civil procedure for the determination of paternity; to pro vide the jurisdiction of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who may bring such actions; to provide that the child shall be made a party to such actions.
Referred to Committee on Judiciary.
HB 1099. By Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others: A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to change certain provisions on time limitations on claims.
Referred to Committee on Human Resources.
HB 1165. By Representative Ham of the 80th: A bill to amend Code Chapter 58-8, relating to regulation and taxation of wine, so as to authorize the issuance of a license for the manufacture in this state and the wholesale and retail sale in this state of wine by certain per sons.
Referred to Committee on Consumer Affairs.

TUESDAY, FEBRUARY 5, 1980

829

HB 1186. By Representatives Savage of the 25th, Rowland of the 119th, Wall of the 61st and Marcus of the 26th:
A bill to amend Code Chapter 88-20, relating to eye banks, so as to provide for removal of eye tissue and corneal tissue from decedents. Referred to Committee on Human Resources.

HB 1195. By Representatives Home of the 104th, Phillips of the 120th, Johnson of the 72nd and others:
A bill to amend Code Section 91A-236, relating to the date for payment of tax or making return when the due date falls on a Saturday, Sunday, or legal holiday, so as to provide for the postponement of the payment of taxes of license fees on automobiles, trucks, and trailers when the date for payment falls on a Saturday, Sunday, or legal holiday.
Referred to Committee on Transportation.

HB 1479. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia State Financing and Invest ment Commission Act", so as to change certain provisions relating to pro ceeds and income earned by the commission. Referred to Committee on Banking, Finance and Insurance.

HB 1487. By Representatives Bishop of the 94th, Collins of the 144th, Hanner of the 130th and others:
A bill to amend an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards, so as to clarify legislative intent with respect to taxability within this state of indem nification paid pursuant to the Act.
Referred to Committee on Banking, Finance and Insurance.

HB 1506. By Representatives Murphy of the 18th, Burruss of the 21st, Cooper of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas. Referred to Committee on Judiciary.

HB 1509. By Representatives Nessmith of the 82nd, Reaves of the 147th, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to change the provisions relating to the membership of agricultural commodities commissions.
Referred to Committee on Agriculture.

830

JOURNAL OF THE SENATE,

HR 573. By Representative Lord of the 105th:
A resolution designating a certain bridge as the W. B. Smith Memorial Bridge. Referred to Committee on Transportation.

HR 578. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution so as to exempt a certain amount of the assessed value of homesteads owned by certain per sons in Rockdale County from ad valorem taxation for school purposes. Referred to Committee on Community Affairs.

HR 614. By Representatives Russell of the 64th, Smyre of the 92nd, Marcus of the 26th, and others:
A resolution providing for recognition and endorsement of the International Cultural Center, ICC Working Model and nonpolitical Global Plenipoten tiary Conference on Interim Arrangements for an International Cultural Center System.
Referred to Committee on Industry, Labor and 1 oursim.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 470. Do pass by substitute. SB 515. Do pass. SR 270. Do pass. SR 282. Do pass. HB 62. Do pass. HB 191. Do pass. HB 308. Do pass. HB 772. Do pass. HB 1317. Dopass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

TUESDAY, FEBRUARY 5, 1980

831

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 537. Do pass. HB 1332. Do pass. HB 1394. Do pass by substitute. HB 1418. Do pass. HB 1419. Do pass. HB 1456. Do pass. HB 1457. Do pass. HB 1482. Do pass. HB 1483. Do pass. HB 1486. Do pass. HR 461. Do pass.

Mr. President:

Respectfully submitted, Senator Dean of the 31 st District, Chairman

Your Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 184. Do pass. HB 393. Do pass. HB 1184. 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 resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 345. Do pass. SB 531. Do pass. SB 532. Do pass. SB 533. Do pass.

832

JOURNAL OF THE SENATE,

HB 1123. Do pass. HB 1143. Do pass. HB 1144. Do pass. HB 1265. Do pass. HR 41. Do pass. HR 491. 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 to report the same back to the Senate with the follow ing recommendations:
HB 1114. Do pass by substitute. HB 1156. Do pass by substitute. HB 1104. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman
Mr. President:
Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 283. Do pass. SR 284. Do pass. SR 289. Do pass as amended. SR 294. Do pass. HR 512. Do pass. HR 513. Do pass. HR 549. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the

TUESDAY, FEBRUARY 5, 1980

833

Senate with the following recommendations:
HB 499. Do pass. SB 396. Do pass by substitute. HB 1116. Do pass. HB 1117. Do pass. HB 1120. Do pass. HB 1121. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 85. By Senator Langford of the 51st:
A bill to amend Code Section 56-407A, relating to uninsured motor vehicle insurance coverage, so as to change the definition of "uninsured motor vehicle".

SB 389. By Senator Wessels of the 2nd:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the legal rate of interest on certain loans; to provide for the rate of interest on open accounts.
SB 469. By Senators Lester of the 23rd, Gillis of the 20th, Riley of the 1st and others:
A bill to amend Code Title 91A known as the Georgia Public Revenue Code so as to authorize a program of homestead ad valorem tax deferrals for the elderly; to provide a short title; to define certain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for defer red taxes and interest; to specify application procedures; to require certain notices.
SR 237. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide that bills for raising revenue or appropriating money may orginate in either House of the General Assembly; to provide for the submission of this amend ment for ratification or rejection.

SR 261. By Senator Barnes of the 33rd: A resolution creating a Senate Study Committee on Battered Women.

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SR 271. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A resolution to amend a Resolution creating the Georgia Tax Reform Com mission, as amended, so as to add provisions relating to the payment of allowances for certain members of the commission.

HB 1402. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 24-1801, relating to clerks of the judges of the probate courts, so as to authorize the judge of the probate courts in all coun ties having a population of not less than 73,000 and not more than 89,000, to employ, prescribe the duties, and set the salary of such clerk.

HB 1544. By Representatives Rowland of the 119th and Colemanof the 118th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, so as to provide for a five-member board of commissioners in Laurens County, Georgia.

HR 551. By Representatives Fuller of the 16th and Childers of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County; to provide for terms of said judge and to shorten the term of such judge in of fice immediately prior to the effective date of this amendment.

HR 552. By Representatives Fuller of the 16th, Oldham of the 14th and Childers of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by local law to stagger the terms of the commissioner of Floyd County and in so doing to shorten the terms of any such commis sioners in office in 1981 without the necessity of a referendum and to pro vide for terms of less than four years.

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 524. By Senator Overby of the 49th: A bill to amend an Act creating a new charter for the City of Flowery Branch so as to change the provisions relating to the election of councilmen.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 5, 1980

835

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

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

SB 527. By Senator Paulk of the 13th:
A bill to consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office.

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

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

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

HB 1194. By Representatives Tolbert of the 56th, Williamson of the 45th, Mangum of the 56th and others:
A bill to amend Code Section 91A-1022, relating to taxes payable to county in which returns are made, so as to change the provisions relating to tax due dates in certain counties.

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

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

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

SB 476. By Senator Foster of the 50th:
A bill to create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, com pensation, qualifications, substitutions and tenure of the office of the judge of said court.

The Senate Committee on Community Affairs offered the following amendment:
Amend SB 476 by substituting the word "bond" on Page 1, line 10 for the word "band".

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On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

Senator Foster of the 50th offered the following amendment:

Amend SB 476 by striking on Page 12, line 10 the following: "or the month,".

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 as amended.

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

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

HB 1270. By Representative Rowland of the 119th: A bill providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the terms of the mayor and council of the City-of Dublin.
The Senate Committee on Community Affairs offered the following amendment:
Amend HB 1270 by adding at the end of line 12 of Page 3, after the following:
"October, 1980,",
the following:
"a general election shall be held for the offices of council members at large. Those persons then elected to such offices shall serve for a term of three years and until their successors are elected and qualified, and shall take office at the time of taking the oath of office at the first organiza tional meeting following their election, as provided in Section 2.5. On the first Monday in October, 1983,".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

TUESDAY, FEBRUARY 5, 1980

837

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 1489. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts.

The Senate Committee on Community Affairs offered the following substitute to HB 1489:
A BILL
To be entitled an Act to amend an Act providing a new Board of Com missioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), by an Act approved February 9, 1979 (Ga. Laws 1979, p. 3003), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4186), so as to pro vide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts; to change other provisions in conformity with the foregoing; to provide a method of apportioning the territory of Henry County for the pur pose of creating single member Commissioner Districts; to provide for a referendum; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), by an Act approved February 9, 1979 (Ga. Laws 1979, p. 3003), and by an Act ap proved April 11, 1979 (Ga. Laws 1979, p. 4186), is hereby amended by striking Sections 2, 3, 3A, and 4 in their entirety and substituting in lieu thereof new Sections 2, 3, and 4 to read as follows:
"Section 2. (a) The Board of Commissioners of Henry County shall be composed of a Chairman and five additional members. The Chairman shall be a full voting member of the Board. The members of the Board shall be elected by the electors of Henry County as hereinafter provided. For the purpose of electing the members of the Board, other than the Chairman, Henry County shall be divided into five Commissioner Districts as follows:

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Commissioner District 1 shall consist of the following portion of Henry County:
McDonoughCCD 15 ED's 6 through 9 and ED'sl5andl6.
Commissioner District 2 shall consist of the following portion of Henry County:
Hampton CCD 5 McDonoughCCD 15
ED's 13 and 14.
Commissioner District 3 shall consist of the following portion of Henry County:
Locust Grove CCD 10 McDonoughCCD 15
ED 10, that portion thereof east of Ga. Highway 155. ED 11, that portion thereof east of Ga. Highway 155. ED 12.
Commissioner District 4 shall consist of the following portion of Henry County:
McDonoughCCD 15 ED 10, that portion thereof west of Ga. Highway 155. ED 11, that portion thereof west of Ga. Highway 155.
Stockbridge CCD 20 ED 3. Commissioner District 5 shall consist of the following portion of Henry
County:
Stockbridge CCD 20 ED's 1,2, 4 and 5.
(b) As used in subsection (a) of this Section, the designation 'CCD' shall mean 'Census County Division,' and the designation 'ED' shall mean 'Enumeration District.' The terms 'Census County Division' and 'Enumeration District' 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. Any portion of Henry County which is not included in Commis sioner Districts 1 through 5 as described in subsection (a) of this Section shall be included within that district contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia.
(c) The Chairman of the Board may reside anywhere within Henry

TUESDAY, FEBRUARY 5, 1980

839

County and shall be elected by a majority of voters of Henry County voting on a countywide basis. Any person elected Chairman must be a qualified elector of Henry County and must have been a resident of Henry County for at least two years immediately preceding the date of his election.
(d) There shall be one commissioner elected from each of the Com missioner Districts 1 through 5. Any person elected from a Commissioner District must be a qualified elector of Henry County and must have been a resident of the Commissioner District from which elected for at least two years immediately preceding the date of his election. Each commis sioner from a Commissioner District shall be elected by a majority of the voters voting within the respective Commissioner District.
(e) No person shall be eligible to seek election to or serve as a member of the Board if he holds or is seeking election to any other federal, State, county, or local office.
Section 3. (a) The first members of the Board of Commissioners of Henry County provided for by Section 2 of this Act shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The heretofore existing Board of Commissioners of Henry County shall stand abolished effective on January 1, 1981, when the Board of Com missioners elected at the 1980 general election, as provided herein, take office.
(b) Vacancies occurring in the membership of the Board shall be fill ed in the following manner:
(1) If, at the time the vacancy occurs, there are less than 360 days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be elected by the remaining members of the Board to serve until the first day of January following the next general election. A qualified successor shall be elected at the next general election to serve for the balance of the unexpired term, or for the next term, whichever shall be applicable. If the vacancy is in the office of Chairman, the Vice-Chairman shall serve as Chairman until a suc cessor shall be elected as provided herein and, during such period, the Board of Commissioners shall be composed of five members.
(2) If, at the time the vacancy occurs, there are more than 360 days until the next general election, a qualified successor from the district in which the vacancy occurred shall be elected at a special election called for such purpose. Only the qualified electors of Henry County residing within the Commissioner District wherein the vacancy occurred shall be eligible to vote at such election. The Election Superintendent of Henry County shall call each such election to be held not later than 60 days from the creation of the vacancy. Each such election shall be governed by the provisions of the Georgia Election Code relative to special elec-

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tions for the filling of vacancies. All persons so elected to fill a vacancy shall serve for the remainder of the unexpired term. If the vacancy is in the office of Chairman, the special election provided for herein shall apply to filling such vacancy, except that the qualified electors of Henry County voting on a countywide basis sh; 11 be eligible to vote at said special election.

Section 4. At the first meeting of the Board in January after the elec tion of the members, the Board shall organize by electing one of its members Vice-Chairman and another person, not a member of said Board, as Clerk of said Board. The Chairman shall preside at all meetings of the Board when he is present and shall be the executive officer of said Board. He shall sign, as Chairman thereof, all contracts and county war rants when so ordered by the Board. Such instruments shall also be countersigned by the Clerk of the Board. The Chairman shall, when deemed necessary, call special meetings of the Board and shall, through the Clerk of said Board, give to the other members thereof sufficient notice. The Vice-Chairman, in the absence of the Chairman, shall preside over the meetings of the Board and discharge all other duties required of the Chairman."

Section 2. Said Act is further amended by striking Sections 17 and 18 in their entirety and substituting in lieu thereof one Section to be designated Section 17 to read as follows:
"Section 17. The Vice-Chairman and Clerk of the Board shall hold their offices at the pleasure of the members of the Board and may be removed at any time by a majority vote of the full membership of the Board."

Section 3. Not later than one day 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 superintendent of Henry County to issue the call for an elec tion for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The superintendent shall set the date of such elec tion for March 11, 1980, if legally possible. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act providing for a Board of Commissioners of Henry County consisting of an elected chairman and five commissioners elected from single member districts created from portions of Henry County based on Census County Divisions 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 Henry 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.

TUESDAY, FEBRUARY 5, 1980

841

Section 4. If this Act is approved at the election provided for in Section 3 above, it shall become effective immediately thereafter for the purpose of electing the Board of Commissioners of Henry County in accordance with the provisions of Section 1. For all other purposes, except the holding of the election provided for in Section 3, this Act shall become effective January 1, 1981.
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 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.

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

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge Fincher of 52nd Fincher of 54th Foster

Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Reynolds

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

Those not answering were Senators:

Coverdell English

Evans Hill

Paulk Stumbaugh

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JOURNAL OF THE SENATE,

Senator Robinson of the 27th introduced the chaplain of the day, Dr. R. Kirby Godsey, President of Mercer University, Macon, Georgia, who offered scripture reading and prayer.
SENATE RULES CALENDAR
Tuesday, February 5, 1980
TWENTY-THIRD LEGISLATIVE DAY
SB 338. Executive Reorganization Act--electronic data processing (SUBSTITUTE/AMENDMENT) (Gov Op - 25th)
SB 393. Pistol, Revolver License--issued by sheriff of each county (S Judy 22nd)
SB 394. Superior Court Jurors--expense allowance range (S Judy - 22nd)
SR 268. Georgia Military College and Board of Trustees--create (SUBSTITUTE) (H Ed - 25th)
SB 145. Public School Employees' Health Insurance--include other employees (SUBSTITUTE) (Ed - 53rd)
SB 405. Crime of Bail Jumping--create (SUBSTITUTE/AMENDMENT) (Judy - 44th)
SB 407. Inmate Escape from Offender Rehabilitation Department - notify certain authorities (SUBSTITUTE) (Off R - 44th)
SB 421. Jury Duty--65 year olds included unless not desiring to serve (AMENDMENT) (Judy - 17th)
SB 432. Insurance Code--determination of assets of insurer (BF&I - 12th)
SB 439. Interest on Judgments--change rate (AMENDMENT) (S Judy-33rd)
SB 467. Motor Vehicle Certificate of Title--delivery within specified time (SUBSTITUTE) (Trns - 25th)
SB 486. Civil Practice Act--alternate form of service of process in certain cases (Judy - 26th)
SB 495. Public School Disciplinary Tribunal Act--hearing officers, panels (Ed - 55th)
SB 496. Person Adjudged Guilty of Certain Drug Crimes--bail on appeal (S Judy-55th)
SB 501. Public Transportation Code--commercial activity within 660 feet of right of way (SUBSTITUTE) (Trns - 48th)
SB 520. Pardons and Paroles Board--granting of earned time to parolee (Off R - 44th)
SR 266. Grants to Local Governments--General Assembly make and target tax relief (SUBSTITUTE) (BF&I - 23rd)
SR 267. Tax Exemption--limit period for which granted (BF&I - 23rd)
SR 273. Alcoholic Beverage Tax for Educational Programs--General Assembly levy (BF&I - 32nd)

TUESDAY, FEBRUARY 5, 1980

843

SR 280. City Recorder's, Mayor's, Police Courts--disposal of certain marijuana cases (S Judy - 34th)
SR 285. High School Association Study Committee--create (AMENDMENT) (Ed - 50th)
HB 104. Superior Court Retirement Fund--additional members of Board of Commissioners (SUBSTITUTE) (Ret - 25th)
HB 553. Providing Information to Professional Health Care Revision Organizations--immunity from liability (SUBSTITUTE) (Judy - 26th)
HB 1078. Commission of Indian Affairs--abolish (Gov Op - 25th)
Respectfully submitted,
Is/ Frank Eldridge, Jr., Eldridge of the 7th, Chairman Senate Rules Committee

The following resolution of the House was read and adopted:
HR 605. By Representatives Coleman of the 118th, Gignilliat of the 112th and Rowland of the 119th: A resolution commending the State Medical Examination Board, the Agricultural Extension Service of the University of Georgia, and the Medical College of Georgia.

The following general bill of the Senate, having been read the third time on January 24 and postponed until January 25, postponed on January 25 until January 29, postponed on January 29 until February 1, and postponed on February 1 until February 5, was put upon its passage:
SB 338. By Senator Kidd of the 25th: A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire and maintain separate electronic data processing equipment and systems.
Senator Kidd of the 25th offered the following amendment:
Amend SB 338 by adding on line 5 after the words "the Department of Revenue" and before the words "to acquire" the following:
"and the Department of Transportation"

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By adding on line 14 after the word "Revenue" and before the word "shall" the following:
"and the Department of Transportation"
By striking on line 15 the words "Such division" and inserting in lieu thereof the following:
"The Motor Vehicle Division, of the Department of Revenue and the Department of Transportation".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senators Reynolds of the 48th and Kidd of the 25th offered the following substitute to SB 338:
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 provide an additional exemption to the provi sions concerning electronic data processing; to authorize the Department of Transportation to acquire and maintain separate electronic data processing equipment and systems; 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 "Executive Reorganization Act of 1972," approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by adding at the end of Section 4 of said Act a new subsec tion to read as follows:
"(h) The Department of Transportation shall be exempt from the provisions of this Section. Such Department shall be authorized to ac quire and maintain separate electronic data processing equipment and systems."
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 37, 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.

TUESDAY, FEBRUARY 5, 1980

845

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting was Senator Stumbaugh.

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

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, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 361. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend Code Chapter 84-21, relating to professional engineers and land surveyors, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Engineers and Land Surveyors.

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

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JOURNAL OF THE SENATE,

HB 1391. By Representatives Parham of the 109th and Harris of the 8th:
A bill to provide for the licensure of home health agencies and applications therefor; to exempt home health services provided under certain conditions.

HB 1392. By Representative Birdsong of the 103rd:
A bill to amend Code Section 91A-1439, relating to removal from office of members of boards of tax assessors, so as to change the number of signatures required on a petition for removal.

The following general bills of the Senate, having been read the third time on February 4 and postponed until February 5, were put upon their adoption:
SB 393. By Senators Allgood of the 22nd and Walker of the 19th:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to provide that pistol or revolver licenses shall be issued by the sheriff of each county rather than the probate judge; to provide for continued validity of existing licenses.

Senator Allgood of the 22nd moved that SB 393 be placed on the Table.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 393 was placed on the Table.

SB 394. By Senator Allgood of the 22nd:
A bill to amend Code Section 59-120, relating to compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the range within which the expense allowance for jurors in the superior courts is set.

Senator Allgood of the 22nd moved that SB 394 be placed on the Table.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 394 was placed on the Table.

Senator Paulk of the 13th moved that the following local bill of the Senate, passed previously today, be immediately transmitted to the House:
SB 527. By Senator Paulk of the 13th:
A bill to consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office.

TUESDAY, FEBRUARY 5, 1980

847

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 527 was im mediately transmitted to the House.

Senator Horton of the 17th moved that the following local bill of the House, passed previously today, be immediately transmitted to the House:

HB 1489. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1489 was immediately transmitted to the House.

The following resolution of the Senate, having been read the third time on February 1 and postponed until February 5, was put upon its adoption:
SR 268. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others: A resolution proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; to provide for submission of this amendment for ratification or rejec tion.
Senator Kidd of the 25th moved that SR 268 be postponed until Thursday, February 7.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 268 was postponed until Thursday, February 7.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

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JOURNAL OF THE SENATE,

Senator Thompson of the 32nd moved that the Senate adhere to its disagreement to the House substitute to SB 68, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 68.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Bond of the 39th, Thompson of the 32nd and Dean of the 31st.

Senator Starr of the 44th gave notice that, at the proper time, he would move that the Senate reconsider its action today in passing the following bill of the Senate:

SB 338. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide an additional exception to the provi sions concerning electronic data processing; to authorize the Motor Vehicle Division of the Department of Revenue to acquire add maintain separate electronic data processing equipment and systems.

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

SB 145. By Senator Summers of the 53rd:
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 other employees of county and in dependent boards of education for eligibility under said health insurance plan.

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

On the 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 Bryant Carter

Cobb Coverdell
Dean Eldridge English

TUESDAY, FEBRUARY 5, 1980

849

Evans Fincherof 52nd Fincher of 54th Foster Gillis Holloway Horton Howard Hudson Johnson Kennedy

Kidd Land Langford Lester Overby Paulk Reynolds Riley Robinson Russell Scott

Starr Stephens Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Voting in the negative were Senators Broun of 46th and Tysinger.

Those not voting were Senators:

Greene Hill

Hudgins Littlefield

McGill Stumbaugh

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Ballard of the 45th moved that the following bill of the Senate be withdrawn from the Senate Committee on Banking, Finance and Insurance and com mitted to the Senate Committee on Industry, Labor and Tourism:
SB 291. By Senator Ballard of the 45th: A bill to amend Code Section 114-609, relating to rates of insurance carriers and investigation of rates, so as to require insurance carriers to explain to employers how job classifications of any such employer are rated for premium purposes; to require certain signed statements; to provide an effec tive date.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 291 was withdrawn from the Senate Committee on Banking, Finance and Insurance and com mitted to the Senate Committee on Industry, Labor and Tourism.
The following resolutions of the Senate were read and adopted:
SR 319. By Senators Hudgins of the 15th and Littlefield of the 6th: A resolution relative to the documentary entitled "An Alternative . . . for some", focusing on the Georgia Outdoor Therapeutic Wilderness Program

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for troubled children with emotional problems, which was aired by WAGATV on Tuesday, January 22, 1980.

SR 320. By Senators Hudgins of the 15th and Littlefield of the 6th: A resolution commending Mr. David Ulrich.

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

SB 31. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 84-1102, relating to the Georgia State Board of Examiners in Optometry, so as to provide for the appointment of an addi tional member to the Board; to change certain of the provisions relative to the appointment of members.

The House substitute to SB 31 was as follows:

A BILL
To be entitled an Act to amend Code Chapter 84-11, relating to op tometrists, so as to permit the use of pharmaceutical agents for diagnostic purposes by optometrists; to provide for the appointment of an additional member to the Georgia State Board of Examiners in Optometry, to change certain of the provisions relative to the appointment of members; to provide for the confirmation by the Senate of persons appointed as members of the Board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 84-11, relating to optometrists, is hereby amended by adding a new paragraph at the end of Code Section 84-1101, relating to the definition of optometry, to read as follows:
"Nothing in this Chapter shall prohibit the use of pharmaceutical agents topically applied to the eye for diagnostic purposes in the practice of optometry by optometrists who have received pharmacological train ing and certification from a properly accredited institution of higher learning and who are certified by the Georgia State Board of Examiners in Optometry to use pharmaceutical agents for diagnostic purposes.",
so that when so amended. Code Section 84-1101 shall read as follows:
"84-1101. 'Optometry' Defined.--Optometry is defined as the art and science of visual care and is hereby declared to be a learned profes sion. The practice of optometry consists of the diagnosis and interpreta tion of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine or surgery. The practice

TUESDAY, FEBRUARY 5, 1980

851

of optometry further consists of the correction of visual anomalies through the prescribing, employent and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises and/or visual training, light frequencies and any other means or methods for the relief, correc tion or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine or surgery.
Nothing in this Chapter shall prohibit the use of pharmaceutical agents topically applied to the eye for diagnostic purposes in the practice of optometry by optometrists who have received pharmacological train ing and certification from a properly accredited institution of higher learning and who are certified by the Georgia State Board of Examiners in Optometry to use pharmaceutical agents for diagnostic purposes."
Section 2. Said Code Chapter is further amended by striking Code Sec tion 84-1102, relating to the Georgia State Board of Examiners in Op tometry, in its entirety and inserting in lieu thereof a new Code Section 84-1 102 to read as follows:
"84-1102. It shall be the duty of the Governor to appoint a Board of Examiners in Optometry to consist of six members. Said Board shall be appointed by the Governor and styled the 'Georgia State Board of Ex aminers in Optometry.' All appointments to the Board shall be subject to the confirmation of the Senate. One of the members shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of optometry. The remaining five members shall be persons who have been actively engaged in the practice of op tometry in the State for five years immediately preceding such appoint ment and shall be registered as optometrists under the provisions of this Chapter. No person shall be eligible for appointment to the Board who is connected in any way with a school teaching optometry or who sells op tical goods at wholesale. The Board shall file with the Governor annually a complete list of the registered optometrists."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that the Senate agree to the House substitute to SB 31.

Senator Scott of the 43rd moved that the Senate agree to the House substitute to SB 31 as amended by the following amendment:
Amend the House substitute to SB 31 as follows:
Amend by inserting on line 8 on Page 1 after the word and symbol "Board;", the following:
"to require certain referrals to medical doctors;".
And by redesignating Section 3 as Section 4 and adding a new Section 3 to read as follows:

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"Section 3. Said Code Chapter is further amended by adding a new Section after Code Section 84-1107, to be designated 84-1107.1, to read as follows:
'84-1107.1. An optometrist shall refer a patient to a medical doctor when there is failure on the part of the individual being examined to achieve 20/40 visual acuity in each eye by refraction unless the cause of impairment has already been medically confirmed."
The President ruled that the motion to amend the substitute takes precedence.

On the motion of Senator Scott of the 43rd. a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Brantley Broun of 46th Coverdell Eldridge Fincher of 52nd

Fincher of 54th Greene Howard Hudson Kidd Overby Reynolds

Robinson Scott Stephens Summers Sutton Tate Tysinger

Those voting in the negative were Senators:

Allgood Ballard Barker Bell Brown of 47th Bryant Carter Cobb Dean English Evans Foster

Gillis Hill Holloway Horton Hudgins Johnson Kennedy Land Langford Lester Littlefield McGill

Paulk Riley Russell Starr Stumbaugh Thompson Timmons Turner Walker Wessels

On the motion of Senator Scott of the 43rd to amend the House substitute to SB 31, the yeas were 21, nays 34; the motion was lost.

On the motion of Senator Holloway of the 12th, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard

Barker Barnes

Brown of 47th Bryant

Carter Cobb Dean English Evans Foster Gillis Hill Holloway

TUESDAY, FEBRUARY 5, 1980

853

Horton Hudgins Johnson Kennedy Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Starr Stumbaugh Thompson Timmons Walker Wessels

Those voting in the negative were Senators:

Bell Bond Brantley Broun of 46th Coverdell Eldridge Fincher of 52nd Fincher of 54th

Greene Howard Hudson Kidd Riley Robinson Russell Scott

Stephens Summers Sutton Tate Turner Tysinger

On the motion, the yeas were 33, nays 22; the motion prevailed, and the Senate agreed to the House substitute to SB 31.

Senator Greene of the 26th moved that the Senate reconsider its action in agreeing to the House substitute to SB 31.

On the motion, the yeas were 13, nays 32; the motion was lost.

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 general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 405. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A bill to amend Code Chapter 26-25, relating to obstruction of law enforce ment, as amended, so as to create the crime of bail jumping; to provide con ditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse.

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The Senate Committee on Judiciary offered the following substitute to SB 405:

A BILL
To be entitled an Act to amend Code Chapter 26-25, relating to obstruc tion of law enforcement, as amended, so as to create the crimes of felonybail jumping and misdemeanor-bail jumping; to provide conditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse; to provide for penalties; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 26-25, relating to obstruction of law enforce ment, as amended, is hereby amended by adding at the end thereof a new Code Section 26-2511 to read as follows:
"26-2511. Bail jumping, (a) Any person who has been charged with, or convicted of, the commission of a felony under the laws of this state, and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place, commits the offense of felony-bail jumping if, without sufficient excuse, he fails to appear at that time and place. A person convicted of the of fense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.
(b) Any person who has been charged with, or convicted of, the commission of a forcible misdemeanor or misdemeanor which is of a high and aggravated nature, and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place, commits the offense of misdemeanor-bail jumping if, without sufficient excuse, he fails to appear at that time and place. A person convicted of the offense of misdemeanor-bail jump .ig shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 405 offered by the Senate Committee on Judiciary as follows:
By adding on Page 1, line 20 and Page 2, line 6 after "if" the following:
"after notice to the defendant by certified mail or registered mail receiving therefrom a proof of receipt of such notice by the defendant, and".

TUESDAY, FEBRUARY 5, 1980

855

Senator Starr of the 44th moved that SB 405 be postponed until Thursday, February 7.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Bryant Carter Cobb Coverdell Eldridge English

Evans Fincher of 52nd Fincher of 54th Gillis Greene Holloway Howard Hudgins Kennedy Kidd Lester Littlefield McGill

Overby Paulk Reynolds Russell Scott Starr Stephens Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Langford.

Those not voting were Senators:

Brantley Brown of 47th Dean Foster Hill

Horton Hudson Johnson Land Riley

Robinson Stumbaugh Summers Sutton Tate

On the motion, the yeas were 39, nays 1; the motion prevailed, and SB 405 was postponed until Thursday, February 7.

The following bills of the House and Senate were taken up for the purpose of con sidering the House action thereon:
HB 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.

Senator Allgood of the 22nd moved that the Senate insist upon the Senate substitute toHB277.

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On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate in sisted upon the Senate substitute to HB 277.

SB 377. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Chapter 84-2, as amended, so as to provide for the ap pointment of an additional member to the State Board of Accountancy.

The House substitute to SB 377 was as follows:
A BILL
To be entitled an Act to amend Code Section 84-203, relating to the State Board of Accountancy, so as to require the appointment to the board of a member from the public at large; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 84-203, relating to the State Board of Accoun tancy, is hereby amended by striking in its entirety subsection (a) thereof and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) There is hereby created the State Board of Accountancy.
(2) The Board shall consist of seven members to be appointed by the Governor with the approval of the Secretary of State and the State Senate. Each member of the Board shall be a resident of this State. Five members of the Board shall be certified public accountants, and one member shall be a public accountant holding a certificate as a registered public accountant who has practiced as such in this State, under a cer tificate issued by this State, for at least four years and who is currently engaged in public practice. One member shall be appointed, beginning July 1, 1980, from the public at large and shall have no connection what soever to the accounting profession.
(3) Except as provided for the appointment of a member from the public at large, each member of the Board in office on July 1, 1980, shall remain in office until the expiration of his term and the appointment and approval of his successor. The initial member appointed from the public at large shall be appointed for a term ending June 30, 1984.
Each subsequent appointment or reappointment of Board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the ap proval of the Secretary of State and the State Senate. Upon the expiration of his term of office, a member shall continue to serve until his successor shall have been appointed and shall have qualified.
(4) No member of the Board shall serve as such for more than two terms, consecutive or otherwise and, for purposes of calculating the number of terms served, the filling of an unexpired term, or terms, for a

TUESDAY, FEBRUARY 5, 1980

857

total of more than thirty calendar months shall be treated as having serv ed a full term.
(5) Any member of the Board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the Board of any member whose permit to practice has become void or has been revoked or suspended or of any member who has ceased to practice publicly shall be automatically terminated simultaneously with any such voiding, revocation, suspension or cessation.
(6) Each member of the Board shall be paid an amount not to exceed $25.00 for each day or portion thereof spent in the discharge of his of ficial duties and shall be reimbursed for his actual and necessary ex penses legally incurred in the discharge of his official duties."
Section 2. 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 377.

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 Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Howard Hudgins Kennedy Kidd Land Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Dean Foster Horton

Hudson Johnson Langford Littlefield

Stumbaugh Summers Sutton Tate

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 377.

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Senator Holloway of the 12th, President ProTempore, assumed the Chair.

SB 362. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the development of water well stan dards and creating the Water Well Standards Advisory Council, as amend ed, so as to provide for the appointment and qualification of an additional member to the Water Well Standards Advisory Council.

The House substitute to SB 362 was as follows:

A BILL
To be entitled an Act to amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. Laws 1976, p. 974), as amended by an Act approved April 11, 1977 (Ga. Laws 1977, p. 1506), so as to change the composition of the membership of the Water Well Standards Advisory Council; to provide for procedures connected with the foregoing; to provide for intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the development of water well stan dards and creating the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. Laws 1976, p. 974), as amended by an Act approved April 11, 1977 (Ga. Laws 1977, p. 1506), is hereby amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Water Well Standards Advisory Council is hereby created. The Council shall be composed of the following:
(1) a member appointed by the Governor from the public at large, who shall not be in any way connected with water well development, to serve for an initial term of two years from July 1, 1981, to and expiring July 1,1983;
(2) a member appointed by the Commissioner of Natural Resources to serve for an initial term of three years, which term shall expire July 1, 1979; and a member appointed by the Georgia Farm Bureau to serve for an initial term of three (3) years, which term shall expire July 1, 1979; and
(3) three members, who are members of the Georgia Well Drillers Association, appointed by the Governor to serve for initial terms of four years, which terms shall expire July 1, 1980. Thereafter, upon the expira tion of the respective terms, each successor shall be appointed in the same manner as his predecessor for a term of three years. At the first meeting of the Council held in each calendar year, the Council shall elect a chair man who shall serve for one year, adopt rules of procedure and develop a work plan. Vacancies on the Council shall be filled in the same manner

TUESDAY, FEBRUARY 5, 1980

859

as the original appointment for the remainder of the term of office. A vacancy in the position of chairman shall be filled by vote of the Coun cil."
Section 2. The member appointed by the Commissioner of Human Resources pursuant to the 1977 amendatory Act shall serve for a term of of fice which expires July 1, 1981. Thereafter, such position on the board shall be filled as provided in Section 1 of this Act.
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 362.

On the motion, 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 Bryant Carter Cobb Coverdell Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Dean Foster Holloway (presiding)

Hudson Johnson Langford Littlefield

Stumbaugh Summers Sutton Tate

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 362.

SB 361. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend Code Chapter 84-21, relating to professional engineers and

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land surveyors, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Engineers and Land Surveyors.
The House amendment was as follows:
Amend SB 361 as follows:
By inserting on line 1, Page 1 immediately after Chapter 84-21 the following:
"and Code Section 84-2115,"; and
By inserting on line 5, Page 1 immediately after the word "surveyors" the following:
"to provide for additional qualifications for examination;"; and
By redesignating Section 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. Code Section 84-2115, relating to qualification for ex amination, is hereby amended by adding a new subsection following subsection (3) thereof, to be designated subsection (f), to read as follows:
'(f) An applicant who has successfully passed the Land Surveyor-inTraining examination and holds an Associate Degree in Civil Engineer ing from Southern Technical Institute, Marietta, Georgia, or a Bachelors Degree from Georgia Institute of Technology and has requested admit tance to examination for Land Surveyor, shall be allowed to take said ex amination and upon successfully passing said examination shall be cer tified as a Land Surveyor'."

Senator Starr of the 44th moved that the Senate disagree to the House amendment to SB 361.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 361.

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

SB 407. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to require notification to certain local authorities of the escape of cer tain inmates from the custody of the Department of Offender Rehabilitation.

TUESDAY, FEBRUARY 5, 1980

861

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 407:

A BILL
To be entitled an Act to require notification to certain parties of the escape of certain inmates from the custody of the Department of Offender Rehabilitation; to provide for notification to certain local authorities prior to the release of an inmate by the Department of Offender Rehabilitation; to provide for notification to certain local authorities upon the parole of an in mate by the State Board of Pardons and Paroles; to provide procedures con nected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. In addition to the all points bulletin issued by the Depart ment of Offender Rehabilitation notifying all local law enforcement agen cies within the state of the escape of any prisoner from the custody of the Department of Offender Rehabilitation, the department shall also within 72 hours of the discovery of such escape notify all parties, who in the judgment of the commissioner of the Department of Offender Rehabilitation have a legitimate need to know and who have requested in writing that the depart ment notify the party prior to the prisoner's release from custody, that the prisoner has escaped.
Section 2. At least fifteen days prior to the projected date of release of any prisoner when such prisoner is to be released pursuant to the authority of the Department of Offender Rehabilitation, each district attorney and all local law enforcement agencies throughout the state shall be notified of such projected release date by the commissioner of the Department of Offender Rehabilitation. The execution of the notification required by this section shall be accomplished by the necessary information required by this section being contained within the Georgia Criminal Activity Bulletin published and disseminated by the Georgia Bureau of Investigation.
Section 3. Within 72 hours of the State Board of Pardons and Paroles' reaching a final decision to parole a prisoner, the district attorney, the presiding judge, and the sheriff of each county in which the prisoner was tried, convicted, and sentenced, and the local law enforcement authorities of the county of the last residence of the prisoner prior to incarceration shall be notified of such decision by the chairman of the State Board of Pardons and Paroles.
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 29, nays 0, 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.

On the 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 Bryant Carter Cobb Coverdell Eldridge English

Evans Fincher of 52nd Fincher of 54th Gillis Greene. Hill Horton Howard Hudgins Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean Foster Holloway (presiding) Hudson

Johnson Littlefield Stumbaugh Summers

Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

The President resumed the Chair.
SB 421. By Senator Horton of the 17th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty , as amended, so as to provide that the name of a person who is 65 years of age or older shall not be removed from and shall remain in the jury box for each county except in the case of such a person who notifies the jury commissioners of the county in writing that he does not desire to serve upon juries.

TUESDAY, FEBRUARY 5, 1980

863

The Senate Committee on Judiciary offered the following amendment:

Amend SB 421 by striking from lines 10 and 11 of Page 2 the following:
"Within a period of six months after the effective date of this subsec tion",
and inserting in lieu thereof the following:
"No later than at the time of the next revision of the jury list".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English

Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Hudgins Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Riley Robinson Russell Scott Stephens Sutton Thompson Turner Ty singer Walker Wessels

Those not voting were Senators:

Dean Foster Howard Hudson

Johnson Starr Stumbaugh Summers

On the passage of the bill, the yeas were 45, nays 0.

Tate Timmons

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

864

JOURNAL OF THE SENATE,

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

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and condi tioned air fixtures and systems through the regulation of electrical contrac tors, plumbers and conditioned air contractors.

Senator Robinson of the 27th moved that the Senate adhere to the Senate amend ments to HB 1084, 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 amendments to HB 1084.

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

SB 432. By Senator Holloway of the 12th:
A bill to amend Code Title 56, known as the "Georgia Insurance Code", so as to change certain provisions relative to a determination of the assets of an insurer; to authorize the Insurance Commissioner to approve methods of calculation of reserves; to authorize insurers to make deposits in certain financial institutions.

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

On the 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 Bryant Carter Cobb

Eldridge Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Howard Hudgins Hudson

Kennedy Kidd Land Lester McGill Overby Paulk Reynolds Robinson Russell Scott Stumbaugh

TUESDAY, FEBRUARY 5, 1980

865

Sutton Thompson

Turner Tysinger

Walker Wessels

Those not voting were Senators:

Coverdell Dean English Foster Johnson

Langford Littlefield Riley Starr Stephens

Summers Tate Timmons

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 439. By Senator Barnes of the 33rd: A bill to amend Code Section 57-108,.relating to interest on judgments, so as to change the rate of interest.
The Senate Committee on Special Judiciary offered the following amendment:
Amend SB 439 by striking from Page 1, line 11 the following: "10",
and substituting in lieu thereof the following: "12",
and By striking from Page l,line 16 the following: "10",
and substituting in lieu thereof the following: "12".
On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

866

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:

Bond Dean Foster Hudgins

Johnson Riley Starr Sutton

McGill Overby Paulk Reynolds Robinson Russell Scott Stephens Stumbaugh Summers Thompson Turner Tysinger Walker Wessels
Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Barnes of the 33rd moved that SB 439 be immediately transmitted to the House.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 439 was im mediately transmitted to the House.

SB 467. By Senators Kidd of the 25th, Summers of the 53rd and Reynolds of the 48th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to require the delivery of certificates of title from the transferor to the transferee within a specified time.

The Senate Committee on Transportation offered the following substitute to SB 467:

TUESDAY, FEBRUARY 5, 1980

867

A BILL
To be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79) and an Act approved March 11, 1964 (Ga. Laws 1964, p. 436), so as to require the delivery of certificates of title from the transferor to the transferee within a specified time; to provide for postmarks as proof of time ly submission of documents; to require submission of certificate of title ap plications to be made so as to have the State Revenue Commissioner or his duly authorized county tag agents receive same within a specified time; to provide for a penalty for certificate of title applications delivered or receiv ed on an untimely basis; to provide for a time period within which rejected documents must be resubmitted and to provide for a penalty for failure to resubmit in a timely manner; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, par ticularly by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79) and an Act approved March 11, 1964 (Ga. Laws 1964, p. 436), is hereby amended by adding the following sentences between the first and second sentences of subsection (a) of Section 8:
"Except as provided in subsection (b) of this Section, the application must be submitted to the Commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 30 days from the date of purchase of the vehicle or from the date the owner is otherwise re quired by law to register the vehicle in this State, or the owner of the vehicle shall be required to pay a penalty of $ 10.00 in addition to the or dinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of rejec tion to resubmit the documents required by the Commissioner for the is suance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $ 10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the Com missioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents submitted if the documents have not been resubmitted as required above.",
so that when so amended subsection (a) of Section 8 shall read as follows:
"(a) The application for the first certificate of title of a vehicle in this State shall be made by the owner to the Commissioner on the form he prescribes. Except as provided in subsection (b) of this Section, the ap plication must be submitted to the Commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 30 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this State, or the

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owner of the vehicle shall be required to pay a penalty of $ 10.00 in addi tion to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of rejection to resubmit the documents required by the Commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the Com missioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents submitted if the documents have not been resubmitted as required above. Said ap plication shall contain:
(1) The name, residence and mail address of the owner;
(2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used;
(3) The date of purchase of applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority and the date thereof; and
(4) Any further information the Commissioner reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or non-existence of security interests in the vehicle and liens on the vehicle."
Section 2. Said Act is further amended by adding at the end of subsec tion (b) of Section 8 immediately following the word "Commissioner" the following:
"or his appropriate authorized county tag agent so as to have the ap plication submitted to the Commissioner or his appropriate authorized county tag agent within thirty (30) days from the date of the sale of the vehicle, or the dealer, or in nondealer sales the transferee, shall be re quired to pay a penalty of $ 10.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the dealer submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to ob tain a certificate of title for a purchaser from that dealer shall be grounds for suspension or revocation of the dealer's State issued license and registration for the sale of motor vehicles. Should the title application be submitted through a county, the county shall be entitled to retain 50% of any late title application penalty fee provided for in the 'Motor Vehicle Certificate of Title Act.'",
so that when so amended subsection (b) of Section 8 shall read as follows:

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869

"(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the Commis sioner or his appropriate authorized county tag agent so as to have the application submitted to the Commissioner or his appropriate authorized county tag agent within thirty (30) days from the date of the sale of the vehicle, or the dealer, or in nondealer sales the transferee, shall be re quired to pay a penalty of $ 10.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the dealer submitting the documents has sixty (60) days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within sixty (60) days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser from that dealer shall be grounds for suspension or revocation of the dealer's State issued license and registration for the sale of motor vehicles. Should the title ap plication be submitted through a county, the county shall be entitled to retain 50% of any late title application penalty fee provided for in the 'Motor Vehicle Certificate of Title Act.'"
Section 3. Said Act is further amended by adding immediately follow ing Section 8 a new section, to be designated Section 8A, to read as follows:
"Section 8A. United States Post Office postmark as proof of timely submission of documents. In instances when an application for title is re quired to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Post Office postmark, shall be prima facie proof that the application was timely submitted."
Section 4. Said Act is further amended by striking subsections (a) and (b) of Section 15 in their entirety and inserting in lieu thereof new subsec tions (a) and (b) to read as follows:
"(a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall at the time of delivery of the vehi cle execute an assignment and warranty of title, which must be subscrib ed and sworn to before an officer authorized to administer oaths in the State, to the transferee in the space provided therefor on the certificate of title or as the Commissioner prescribes, and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, in cluding reasonable attorney's fees, occasioned by the transferor's failure to obey this section.
(b) Except as provided in Section 16, the transferee shall, promptly after delivery to him of the vehicle and certificate of title, execute the ap plication for a new certificate of title application on the form the Com-

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missioner prescribes and cause the application and the certificate of title to be mailed or delivered to the Commissioner or his appropriate authorized county tag agent with the application for change of registra tion for the vehicle so that the title application shall be received within 30 days from the date of the transfer of the vehicle, or the owner shall be required to pay a penalty of $ 10.00 in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents sub mitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed and the owner of the vehi cle shall be required to remove immediately the license plate of the vehi cle and return same to the Commissioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title application is submitted through a county, the county shall be entitled to retain 50% of any late title application fee as provided for in this Act."
Section 5. Said Act is further amended by striking subsection (a) of Sec tion 16 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A dealer who buys a vehicle and holds it for resale need not ap ply to the Commissioner for a new certificate of title, but may retain the certificate delivered to him and, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly ex ecute the assignment and warranty of title by a dealer, which must be subscribed and sworn to before an officer authorized to administer oaths in this State, and show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the Commissioner prescribes. Except as otherwise provided in subsection (c) of Section 15, the dealer shall submit a proper ly completed certificate of title application and proper supporting documents to the Commissioner or to the appropriate authorized county tag agent so that the application and supporting documents shall be sub mitted to the Commissioner or the appropriate authorized county tag agent within 30 days from the date of the transfer of the vehicle or the dealer shall be required to pay a penalty of $10.00 in addition to the or dinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the dealer submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser from that dealer shall be grounds for suspension or revocation of dealer's State issued license and registration for the sale of motor vehicles. If the title application is submitted through a county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act. Transfers of vehicles under this section shall otherwise conform with the provisions of Section 15. Any person

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selling a previously registered vehicle as defined in Section 38 which is exempt from the provisions of this Act during this Act's implementation period need not have a certificate of title. A dealer selling a previously registered vehicle which under the provisions of this Act need not have a certificate of title need not furnish a purchaser of such a vehicle a cer tificate of title. At such time as previously registered vehicles are brought under the terms of this Act, from that time on a dealer when selling such a vehicle shall conform to all provisions of this Act."
Section 6. Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 17 and inserting in lieu thereof new subsec tions (a) and (b) to read as follows:
"(a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), mail or deliver to the Commissioner or his appropriate authorized county tag agent the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the Commissioner prescribes with the application for change of registration for the vehicle so that the title application and other documents shall be received by the Commissioner or his appropriate authorized county tag agent no later than 30 days from the date that the transferee acquired the interest in the vehicle or the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of initial rejection to resumbit the documents re quired by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $ 10.00 penalty assessed and the owner of the vehi cle shall be required to remove immediately the license plate of the vehi cle and return same to the Commissioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title application is submitted through the county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act. If the last certificate of title not be available for transfers under this Section, then the transferee shall for ward such proof of transfer as the Commissioner may by regulation prescribe.
(b) If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the Commissioner or his appropriate authorized county tag agent the last certificate of title, if available, proof of transfer, his application for a new certificate in the form prescribed by the Commissioner, and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the Commissioner or his appropriate authorized county tag agent within 30 days from the date the transferee acquired the interest in the vehicle, or the transferee shall be required to pay a penalty of $ 10.00 in addition to the ordinary title fee

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as prescribed by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the transferee submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $ 10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the Commissioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title application is submitted through the county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title, but, upon trnasfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the Commissioner may re quire by rule or regulation."
Section 7. Said Act is further amended by striking subsection (b) of Sec tion 22 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the Commis sioner or his appropriate authorized county tag agent within 30 days of the date of creation of the security interest or lien or the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be re jected, the party submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmit ted within the 60 day period, there shall be an additional $ 10.00 penalty assessed and the owner of the vehicle shall be required to remove im mediately the license plate of the vehicle and return same to the Commis sioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title ap plication is submitted through the county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act."
Section 8. Said Act is further amended by striking subsection (b) of Sec tion 31 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Misdemeanors. (1) A person who:
(A) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title:
(B) Willfully fails to mail or deliver a certificate .of title to the com missioner or a release of security interest or lien to the owner within ten days of the time required by this Act, except as provided in subsection (a);

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873

(C) Willfully violates any other provision of this Act;
(D) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice as pro vided for in subsection (d) of Section 12 or subsection (d) of Section 21;
is guilty of a misdemeanor.
(2) Any person, firm, or corporation who shall knowingly make any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $ 100.00 or imprisoned more than 30 days.
(3) Any person, firm, or corporation who delivers or accepts a cer tificate of title assigned in blank shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00 or imprisoned more than 30 days for the acceptance or delivery of each certificate of title assigned in blank."
Section 9. This Act shall become effective July 1, 1980.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge

English Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd

Land Langford Lester Littlef ield McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

874
Stumbaugh Summers Sutton

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Thompson Timmons Turner

Tysinger Walker Wessels

Those not voting were Senators:

Dean Foster

Johnson Tate

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

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

SB 486. By Senator Greene of the 26th:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide an alternate form of service of process in certain cases; to provide for other matters relative to the foregoing.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Coverdell Eldridge English Fincher of 54th Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

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

Those not voting were Senators:

Cobb Dean Evans

Fincher of 52nd

Tate

Foster

Johnson

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875

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

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

SB 495. By Senator Stumbaugh of the 55th:
A bill to amend an Act known as the "Public School Disciplinary Tribunal Act" so as to change the provisions relative to the establishment of disciplinary hearing officers, panels, or tribunals.

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

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 Cobb Coverdell Eldridge Evans Fincher of 52nd

Fincher of 54th Greene Hill Holloway Horton Howard Hudson Kidd Land Langford Littlefield Paulk Riley Robinson

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

Those voting in the negative were Senators:

Allgood Bryant English Gillis

Hudgins Kennedy Lester McGill

Overby Reynolds Walker

Those not voting were Senators:

Dean Foster

Johnson Scott

On the passage of the bill, the yeas were 40, nays 11.

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

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Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 496. By Senators Stumbaugh of the 55th, Johnson of the 34th, Kidd of the 25th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, as amended, so as to prohibit the granting of bail on appeal to a person adjudged guilty of certain drug crimes; to provide for declaration of purpose.

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

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 Broun of 46th Bryant Carter Cobb Coverdell Eldridge English

Fincher of 54th Gillis Greene Hudson Kennedy Kidd Land Lester Paulk Robinson

Russell Scott Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Brown of 47th Evans Horton

Howard Hudgins Langford Littlefield McGill Overby Reynolds

Riley Starr Stephens Tate Wessels

Those not voting were Senators:

Dean Fincher of 52nd Foster

Hill Holloway (presiding) Johnson

On the passage of the bill, the yeas were 29, nays 19.

Walker

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

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877

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 496.

SB 501. By Senators Reynolds of the 48th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", as amended, so as to amend the definition concerning "In dustrial or commercial activity" so as to require that those activities within 660 feet of the nearest edge of the right-of-way must not only be visible from the main traveled way but must also be recognizable as being an industrial or commercial activity.

The Senate Committee on Transportation offered the following substitute to SB 501:
A BILL
To be entitled an Act to amend Code Title 95A, known as the "Georgia Code of Public Transportation," approved April 18, 1973 (Ga. Laws 1973, pp. 947-1191), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1432, 1433, 1434); an Act approved April 6, 1976 (Ga. Laws 1976, p. 1508); an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 264, 266); and an Act approved April 16, 1979 (Ga. Laws 1979, pp. 1086, 1087), so as to amend the legislative intent to provide that the General Assembly shall recognize the Outdoor Advertising Industry as a bona fide commercial function; so as to amend the definition concern ing "industrial or commercial activity" so as to require that those activities within 660 feet of the nearest edge of the right-of-way must not only be visi ble from the main traveled way but must also be recognizable as being an in dustrial or commercial activity; to provide a definition for nonconforming and illegal signs; to add to the restrictions on outdoor advertising in com mercial or industrial areas those directional signs, displays and devices about goods and services in the specific interest of the traveling public and located in a defined area or areas approved by the United States Secretary of Transportation; to amend the section concerning the necessity for permit by adding thereto two new subsections which will provide for the requirement of registering all nonconforming signs, to authorize the promulgation of rules and regulations, to provide for the procedures to be followed in apply ing for a nonconforming sign and for reviewing the nonconforming sign ap plication, to provide for an initial permit fee, to authorize the use of the fee by the department to defray the expenses of administering this Act, to pro vide that if any person fails to properly apply for a nonconforming permit, it shall be conclusively presumed that the sign has been abandoned and the sign shall then become illegal, to provide that failure on the part of the department to approve or deny a proper and completed application before the end of the specified two year period for such approval shall result in the sign being conclusively presumed to be a sign that can be permitted as a nonconforming sign and the department shall permit the same, and to authorize the department to refuse to issue any additional permits to any person, firm or corporation whom the department determines is maintain ing or is allowing to be maintained an illegal sign within this state; to pro-

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vide that the first unnumbered paragraph in Section 95A-922, relating to applications for permits, shall become paragraph (a), to increase the amount of the initial fee and the renewal fee or permits for legal signs, to amend the requirement that the department issue the permit within 60 days to provide
that the permit will not be issued if the applicant is maintaining or allowing to be maintained an illegal sign within this state, to authorize the transfer of permits and renewals of legal signs, to add to Section 95A-922 a new paragraph to be denoted paragraph (b) and to provide in paragraph (b) for the procedure for renewal of permits for nonconforming signs, to provide for renewal fees, to provide that the renewal fees derived from the permit ting of nonconforming signs shall be used to defray the expenses of ad ministering this Act, and to authorize the transfer of permits and renewals of nonconforming signs; to provide that in addition to the procedure and remedies afforded by this Act, any person, firm or corporation who owns, uses, leases or subleases any outdoor advertising signs which are controlled by this Act, or who owns property on which a sign is located shall be subject to the "Georgia Administrative Procedure Act," as amended, and to provide that after conducting the hearing required by the "Georgia Administrative Procedure Act," as amended, the Commissioner or his designee, hearing of ficer or others, is authorized to issue an order requiring the disassembly and removal of any sign which as been administratively determined to be illegal and to designate the procedure for removing those signs determined to be il legal; to authorize the department to revoke or refuse to issue a sign permit for the destruction of any of the department's property on the rights-of-way, including but not limited to trees, vegetation or fences and to provide for the procedure to be followed before a permit is revoked of refused; to authorize the department to go into and upon privately owned lands for the purposes of effectuating the administrative order requiring the disassembly and removal of illegal signs, to provide for the procedure the department should follow to implement the administrative decision to remove the sign, to pro vide for the reimbursement to or the collection by the department from par ty or parties against whom the order requiring the disassembly and removal is directed, and to provide for the storage and disposal of the disassembled signs by the department; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 95A, known as the "Georgia Code of Public Transportation," as approved April 18, 1973 (Ga. Laws 1973, pp. 947-1191), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1432, 1433, 1434); an Act approved April 6, 1976 (Ga. Laws 1976, p. 1508); an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 264, 266); and an Act approved April 16, 1979 (Ga. Laws 1979, pp. 1086, 1087), is hereby amended by adding the sentences, "The General Assembly recognized that the Outdoor Advertising Industry is a bona fide commercial function. However, in no manner shall any outdoor advertising sign be defined as a commercial or industrial activity or be used for the purposes of administering this article.", after the words "public nuisances." and before the word "It" in the first paragraph of Section 95A-913, relating to the legislative intent, so that said first paragraph when so amended shall read as follows:

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879

"Section 95A-913. Legislative intent. The General Assembly declares it to be the policy of this state that the erection or maintenance of outdoor advertising in areas adjacent to the rights-of-way of roads of the state highway system, which are also a part of the interstate and primary systems of highways within the state, shall be regulated in ac cordance with the terms of this article and the regulations promulgated by the commissioner pursuant thereto and that all outdoor advertising which does not conform to the requirements of this article are public nuisances. The General Assembly recognizes that the Outdoor Advertis ing Industry is a bona fide commercial function. However, in no manner shall any outdoor advertising sign be defined as a commercial or in dustrial activity or be used for the purposes of administering this Article. It is the intention of the General Assembly to provide a statutory basis for the regulation of outdoor advertising consistent with the public policy relating to areas adjacent to roads of the state highway system which also form a part of the interstate and primary systems of highways declared b'Hyighthwe ayCso'.n"gress in Title 23, Section 103, United States Code,

Section 2. Said Code Title is further amended by deleting the sentence which follows the number 4 in subsection (j) of Code Section 95A-914 and substituting in lieu thereof a new sentence, "Activities within 660 feet of the nearest edge of the right-of-way which from the main traveled way are not visible and are not recognizable as being commercial or industrial ac tivities.", so that said subsection (j) when so amended shall read as follows:
"(j) 'Industrial or Commercial Activity' means those activities com monly or generally recognized as commercial or industrial, except that none of the following activities shall be considered commercial or in dustrial.
1. Outdoor advertising structures.
2. Agricultural, forestry, ranching, grazing, farming and related ac tivities, including, but not limited to, wayside fresh produce stands.
3. Transient or temporary activities.
4. Activities within 660 feet of the nearest edge of the right-of-way which from the main traveled way are not visible and are not recognizable as being commercial or industrial activities.
5. Activities more than 660 feet from the nearest edge of the rightof-way.
6. Activities conducted in a building principally used as a residence.
7. Railroad tracks and minor sidings."

Section 3. Said Code Title is further amended by inserting at the end of Code Section 95A-914, relating to definitions, two new subsections, to be designated as subsections (bb) and (cc) to read as follows:
"(bb) 'Nonconforming sign' means a sign which was lawfully erected but which does not comply with the provisions of state law or

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state regulations due to changes in state law or changes in rules and regulations since the erection date of the sign.
"(cc) 'Illegal sign' means:
1. A sign for the maintenance of which a permit is required under this Act, or any amendment thereof, which sign is being maintained without a permit.
2. A sign being presently maintained without a required permit even though it could have been permitted under a former Outdoor Advertising Control Act in effect at the time of its erection.
3. A sign being presently maintained without a permit which sign could not have been permitted under the law in effect at the time of its erection even though the sign may meet the requirements of this act for the issuance of a permit.
4. A sign on which the permit has been revoked pursuant to this arti cle.
5. A sign on which a nonconforming application for permit was denied and the denial has become final.
6. A nonconforming sign for which no permit was sought as re quired by Section 95A-921."
Section 4. Said Code Title is further amended by deleting the words "and (e)" and inserting a comma and the words "(e) and (f)" after the word "(d)" and before the phrase "of Section 95A-915" and by inserting the words "and subsection (d) of Section 95A-915.1" after the word "95A-915" and before the word "hereof" in the first paragraph of Section 95A-916 so that said first paragraph when so amended shall read as follows:
"Section 95A-916. Restrictions on outdoor advertising in commer cial or industrial areas. No sign authorized by the provisions of subsec tion (d), (e) and (f) of Section 95A-915 and subsection (d) of Section 95A-915.1 hereof shall be erected or maintained which:"
Section 5. Said Code Title is further amended by adding to Section 95A-921 two new subsections to be numbered (e) and (f), which shall be in serted in their appropriate numerical order within Section 95A-921 in the Georgia Code of Public Transportation and which shall read as follows:
"(e) Requirement of registration of nonconforming signs; pro cedures for nonconforming permit application and review; penalties for failure to make application.
1. It is the intent of this section to provide for a system of cataloging and registering nonconforming signs in order to more adequately ad minister the provisions of this Act, as amended. The department is hereby authorized to promulgate rules and regulations consistent with this sec tion requiring the registration of nonconforming signs and said rules and regulations shall inform the applicants of the procedures to make ap plication for nonconforming sign permits.

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2. From the effective date of this Act, all persons, firms or corpora tions, who own nonconforming signs, as defined in Section 95A-914 (bb), as amended, shall have a period of one year during which time they shall be required to file applications for nonconforming sign permits. Applica tions for nonconforming sign permits shall be made upon forms prescrib ed and provided by the department, shall contain the signature of the ap plicant and such other information as may be required by the depart ment's rules and regulations. If the applicant files the application for a nonconforming sign permit upon the forms and according to the pro cedures provided by the department and within the specified time period of one year, the application shall be considered to have been timely and properly filed. An application fee of $50.00 shall accompany the applica tion for each nonconforming sign and both the application and the fee shall be submitted to the department. The money received from permit fees shall be used to help defray the expenses of administering the provi sions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the con trary notwithstanding. The department shall have a period of two years from the effective date of this Act to process applications for nonconfor ming sign permits. If at the end of this two year period, the department has failed to approve or deny a proper and completed application, it shall be conclusively presumed for all purposes that the sign can be permitted as a nonconforming sign and the department must issue the permit within a reasonable time. Should the department deny the application for a nonconforming sign permit, the applicant may seek relief in ac cordance with Sections 14 through 19 of the 'Georgia Administrative Procedure Act.' In cases where the applicant fails to exhaust the pro cedures prescribed by the 'Georgia Administrative Procedure Act,' as amended, the department's denial of the permit request will be final and the sign shall then become an illegal sign as defined by Section 95A-914 (cc)5. and shall be subject to removal under the terms of this Act.

3. If the owner of a nonconforming sign fails to properly apply for a permit, it is conclusively presumed that the sign has been abandoned and the sign shall then become an illegal sign as defined by Section 95A914(cc)6. and shall be subject to removal under the terms of this Act.

(f) On or after the effective date of this Act, the department shall have the right to refuse to issue any additional permits to any person, firm or corporation whom the department determines is maintaining or is allowing to be maintained an illegal sign or signs, as defined by this Act, on the interstates or primary highways in this state until such illegal sign or signs are removed. The refusal by the department to issue any ad ditional permits shall not be considered a final denial. If the applicant does not believe the sign or signs designated by the department are il legal, the applicant may seek relief in accordance with Sections 14 through 19 of the 'Georgia Administrative Procedure Act,' as amended. Unless the department has issued a final agency decision within 120 days after the administrative hearing that the sign or signs are illegal, the department may no longer refuse to issue permits because of a belief that an illegal sign or signs is being maintained."
so that said Section 95A-921 when so amended shall read as follows:

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"95A-921. Necessity for permit, (a) On and after October 6, 1971, no person, firm, or corporation shall erect or maintain a sign authorized by subsection (a), (d), or (e) of Section 95A-915 hereof without a permit issued by the department.
(b) On and after January 1, 1972, no person, firm, or corporation shall maintain a sign lawfully in existence on the effective date of this ar ticle and which is authorized by the provisions of this article without a permit issued by the department.
(c) On and after the effective date of this Act, no person, firm, or corporation shall erect or maintain a sign authorized by subsection (a) of Section 95A-915.1 hereof without a permit issued by the department.
(d) On and after July 1, 1977, no person, firm or corporation shall maintain a sign lawfully in existence on the effective date of this Act and which sign is authorized by subsection (a) of Section 95A-915.1 hereof without a permit issued by the department.
(e) Requirement of registration of nonconforming signs; procedures for nonconforming permit application and review; penalties for failure to make application.
1. It is the intent of this section to provide for a system of cataloging and registering nonconforming signs in order to more adequately ad minister the provisions of this Act, as amended. The department is hereby authorized to promulgate rules and regulations consistent with this sec tion requiring the registration of nonconforming signs and said rules and regulations shall inform the applicants of the procedures to make ap plication for nonconforming sign permits.
2. From the effective date of this Act, all persons, firms or corpora tions, who own nonconforming signs, as defined in Section 95A-914(bb), as amended, shall have a period of one year during which time they shall be required to file application for nonconforming sign permits. Applica tions for nonconforming sign permits shall be made upon forms prescrib ed and provided by the department, shall contain the signature of the ap plicant and such other information as may be required by the depart ment's rules and regulations. If the applicant files the application for a nonconforming sign permit upon the forms and according to the pro cedures provided by the department and within the specified time period of one year, the application shall be considered to have been timely and properly filed. An application fee of $50.00 shall accompany the applica tion for each nonconforming sign and both the application and the fee shall be submitted to the department. The money received from permit fees shall be used to help defray the expenses of administering the provi sions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the con trary notwithstanding. The department shall have a period of two years from the effective date of this Act to process applications for nonconfor ming sign permits. If at the end of this two year period, the department has failed to approve or deny a proper and completed application, it shall be conclusively presumed for all purposes that the sign can be permitted as a nonconforming sign and the department must issue the permit

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within a reasonable time. Should the department deny the application for a nonconforming sign permit, the applicant may seek relief in ac cordance with Sections 14 through 19 of the 'Georgia Administrative Procedure Act.' In cases where the applicant fails to exhaust the pro cedures prescribed by the 'Georgia Administrative Procedure Act,' as amended, the department's denial of the permit request will be final and the sign shall then become an illegal sign as defined by Section 95A914(cc)5. and shall be subject to removal under the terms of this Act.
3. If the owner of the nonconforming sign fails to properly apply for a permit, it is conclusively presumed that the sign has been abandoned and the sign shall then become an illegal sign as defined by Section 95A914(cc)6. and shall be subject to removal under the terms of this Act.
(f) On or after the effective date of this Act, the department shall have the right to refuse to issue any additional permits to any person, firm or corporation whom the department determines is maintaining or is allowing to be maintained an illegal sign or signs, as defined by this Act, on the interstates or primary highways in this state until such illegal sign or signs are removed. The refusal by the department to issue any ad ditional permits shall not be considered a final denial. If the applicant does not believe the sign or signs designated by the department are il legal, the applicant may seek relief in accordance with Sections 14 through 19 of the 'Georgia Administrative Procedure Act," as amended. Unless the department has issued a final agency decision within 120 days after the administrative hearing that the sign or signs are illegal, the department may no longer refuse to issue permits because of a belief that an illegal sign or signs is being maintained."
Section 6. Said Code Title is further amended by adding the word "(a)" after the word "permits." and before the word "Applications" after the title and before the first paragraph of Section 95A-922, by adding the phrase "authorized by Section 95A-921(a), (b), (c), and (d)" after the word "thereof" and before the words "shall be", by deleting the dollar amount of "$25.00" and substituting the dollar amount of "$50.00" in the third sentence of the first paragraph of Section 95A-922, by deleting the dollar amount of "$10.00" and substituting the dollar amount of "$25.00" in the fourth sentence of the first paragraph of Section 95A-922, by deleting the period and adding a comma and the phrase "except when a person, firm or corporation is maintaining or allowing the maintainence of an illegal sign as provided for in Section 95A-921(f)." at the end of the sixth sentence of the first paragraph of Section 95A-922, by deleting in their entirety the eighth, ninth and tenth sentences of the first paragraph of Section 95A-922 and by inserting in lieu thereof the following sentences:
"If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the ap plicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance

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with the provisions of this section. Permits shall be transferable. An ap plication to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or cor poration making application for transfer. Failure to timely and properly comply with this provision shall be grounds for revocation of the per mit.",
and by adding thereto a new subsection to be numbered (b), which shall be inserted in its appropriate numerical order within Section 95A-922 of the Georgia Code of Public Transportation and which shall read as follows:
"(b) After the effective date of this Act, renewal of permits for nonconforming signs as defined in Section 95A-914(bb), as amended, and as authorized in Section 95A-921(e) shall be made to the department upon forms prescribed by the department; shall contain the signature of the ap plicant and such other information as may be required by the depart ment's rules and regulations; and shall be verified under oath by the per son, firm, or corporation making the application. Permit renewals shall be issued and shall be valid only if the sign is maintained in accordance with this article during the 12 month period next following the date of is suance. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of ad ministering the provisions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the maintenance of a sign which may be lawfully maintained pursuant to the provisions of this article, the department shall, within 60 days, issue a permit renewal authorizing the maintenance of the sign for which application is made. Application for the renewal of a permit shall be made to the department not more than 90 days nor less than 60 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is over due when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making application for transfer. Failure to timely and properly comply with this provision shall be grounds of revocation of the permit."
so that said Section 95A-922 when so amended shall read as follows:

TUESDAY, FEBRUARY 5, 1980

885

"Section 95A-922. Applications for permits, (a) Applications for permits and the renewal thereof authorized by Section 95A-921(a), (b), (c) and (d) shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for, and shall be valid only if the sign is erected and maintained in accordance with this article during the 12 month period next following the date of issuance. The fee for the initial issuance of a permit shall be $50.00. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this ar ticle, any provision of Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwith standing. Upon receipt of a properly executed application and the ap propriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to the provisions of this article, the department shall, within 60 days, issue a permit or renewal authoriz ing the erection or maintenance, or both, of the sign for which applica tion was made, except when a person, firm or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in Section 95A-921(f). Application for the renewal of a permit shall be made to the department not more than 90 nor less then 60 days from the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expira tion date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this sec tion. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making applica tion for transfer. Failure to timely and properly comply with this provi sion shall be grounds for revocation of the permit.
(b) After the effective date of this Act, renewal of permits for nonconforming signs as defined in Section 95A-914(bb), as amended, and as authorized in Section 95A-921(e) shall be made to the department upon forms prescribed by the department; shall contain the signature of the ap plicant and such other information as may be required by the depart ment's rules and regulations; and shall be verified under oath by the per son, firm, or corporation making the application. Permit renewals shall be issued and shall be valid only if the sign is maintained in accordance with this article during the 12 month period next following the date of is suance. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of ad ministering the provisions of this article, any provisions of the Georgia

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Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the maintenance of a sign which may be lawfully maintained pursuant to the provisions of this article, the department shall, within 60 days, issue a permit renewal authorizing the maintenance of the sign for which application is made. Application for the renewal of a permit shall be made to the department not more than 90 days nor less than 60 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is over due when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making application for transfer. Failure to timely and properly comply with this provision shall be grounds for revocation of the permit."
Section 7. Said Code Title is further amended by adding thereto a new Section to be numbered 95A-930.1., which shall be inserted in its ap propriate numerical order within the Georgia Code of Public Transporta tion and which shall read as follows:
"Section 95A-930.1. Applicability of the 'Georgia Administrative Procedure Act' and additional remedies for failure to comply with this article, (a) In addition to the procedures and remedies afforded by this Act, it is hereby declared that any person, firm or corporation who owns, uses, leases or subleases any outdoor advertising sign which is controlled by this Act, or who owns property on which a sign is located, shall be subject to the provisions of the 'Georgia Administrative Procedure Act," as amended, with respect to the erection, maintenance or use of outdoor advertising signs.
(b) It is specifically declared that the procedures provided in Sec tions 14 through 22 of the 'Georgia Administrative Procedure Act,' as amended, may be employed in cases wherein the Department of Transportation believes that a sign has been erected or is being maintain ed or used in violation of the provisions of this Act, as amended. After conducting the hearing required by the 'Georgia Administrative Pro cedure Act,' as amended, the Commissioner or his designee, hearing of ficer or others, is hereby authorized to issue an order requiring the disassembly and removal of any sign which has been administratively determined to be illegal as defined by Section 95A-914 (cc) of this Act, as amended. In the event that the Commissioner or his designee, hearing of ficer or others, finds that a sign is illegal and orders its disassembly and

TUESDAY, FEBRUARY 5, 1980

887

removal, the party or parties against whom the order is directed shall be given 30 days from the date of the order in which to disassemble and remove the sign. In the event the party or parties against whom the order is directed fails to comply with the order, the department may disassem ble and remove the sign in accordance with the provisions of Section 95A-931 of this Act, as amended."
Section 8. Said Code Title is further amended by adding thereto a new Section to be numbered 95A-930.2, which shall be inserted in its ap propriate numercial order within the Georgia Code of Public Transporta tion and which shall read as follows:
"Section 95A-930.2. Revocation or witholding of permits for illegal or unauthorized actions against the department's property. It shall be cause for the department to revoke a sign permit or refuse to issue a sign permit if any of the department's property on the rights-of-way, in cluding but not limited to trees, vegetation or fences, is destroyed, damaged, converted or altered by or on behalf of a person, firm or cor poration who owns, erects, maintains, leases or uses any sign which is controlled by this Act, as amended. When the department believes that any of the aforesaid property has been destroyed, damaged, converted or altered, the department shall make a preliminary investigation and based on its findings may:
(a) Revoke the permit or permits of any owner of a sign or signs where the department determines that the person, firm or corporation who owns the land or who owns, erects, maintains, leases or uses the sign or signs, caused, hired, procured, or consciously or by design consented to any of the illegal acts described above at or near the sign site, hereby depriving the sign owner of the permit to use that site; or
(b) Refuse to issue a permit or permits for a sign site or sites for a period not to exceed five years if the department determines that the ap plicant has caused, hired, procured or consciously or by design consented to any of the illegal acts described above on the department's rights-ofway within 500 feet on either side of that sign site or sites.
Before the actions listed in (a) above may be taken, the department shall give 30 days written notice via certified mail to the permit holder and this notice shall appraise the permit holder a hearing that will be held in accordance with Sections 14 through 19 of the 'Georgia Ad ministrative Procedure Act," as amended. If the action described in (b) above is taken, the department shall state this in its refusal to issue a per mit and the applicant shall have the right to an administrative review of this action as provided by Sections 14 through 19 of the 'Georgia Ad ministrative Procedure Act,' as amended."
Section 9. Said Code Title is further amended by deleting in its entirety Section 95A-931 and substituting in lieu thereof a new Section 95A-931 as follows:
"Section 95A-931. Authority to enter upon private lands to imple ment Administrative decisions; Reimbursement for expenses in im plementing decisions; Return or disposition of stored sign remnants. In

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cases where an administrative order has been issued by the Commis sioner or his designee, hearing officer or others, requiring the removal of an illegal outdoor advertising sign and the order has become a final deci sion, the department shall be authorized to enter upon privately owned lands for the purposes of effectuating the administrative order requiring disassembly and removal of illegal signs provided the order issued authorizes this action by the department.
The disassembly and removal of any illegal sign by the department shall begin only after an inspection of the sign site has been made by an employee of the department and it is found that the sign has not been removed and an affidavit of the employee reflecting this finding has been filed by the Department with the closed administrative record in the case. When the department disassembles and removes a sign, it shall be done as expeditiously or reasonably possible, during daylight hours of regular working days, and it shall be done in a manner so as to cause as little in convenience to the property owner as is possible under the cir cumstances. The outdoor advertising sign shall be removed to the nearest, convenient field or district office of the department which is suitable for storage of the sign.
An itemization of the expenses incurred by the department for the disassembly, removal, transportation and storage may be kept and a statement for the expenses incurred may be sent via certified mail to the party or parties against whom the order requiring the disassembly and removal is directed. It shall be the duty of the party or parties to reim burse the department for the expenses incurred by the department for the disassembly, removal, transportation and storage of the sign. In the event the expenses are not paid in full within 30 days of receipt of the itemized statement, the department in its discretion may: (i) institute a civil action to recover these unpaid expenses, (ii) utilize any other collection pro cedures authorized by law, (iii) refuse to issue a permit or permits to the party or parties from whom the expenses are due for any outdoor adver tising site until such expenses are paid. Provided, however, if the party or parties disputes the amount or that the expenses are due, the party or par ties may deposit the sum claimed due with the department or post a bond with good security in an amount equal to the sum claimed due, said bond to be approved by the department, and the party or parties shall then re quest a hearing and the controversy shall be decided in accordance with Sections 14 through 19 of the 'Georgia Administrative Procedure Act,' and until such a final determination is made, the department shall not refuse to issue a permit or permits.
If the party or parties against whom the order is directed pays the itemized expenses within 30 days from the receipt of the statement and requests the right to retrieve the stored remains of the sign at the time of payment, then the department shall allow the party or parties to retrieve the sign remains within a reasonable period of time. If the party or par ties against whom the order is directed fails to pay the itemized expenses within 30 days of the receipt of the statement, or if they timely pay the ex penses but fail to timely request the right to retrieve the sign remains or if after making a timely request they fail to timely retrieve the sign remains, then the department is authorized to dispose of the stored signs, or rem nants thereof, in any lawful manner the department deems appropriate."

TUESDAY, FEBRUARY 5, 1980

889

Section 10. If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General Assembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or phrases and they shall be considered severable and not affected thereby.
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Barnes Broun of 46th Dean

Foster Holloway (presiding) Johnson

Littlefield

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

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

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SB 520. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to authorize the State Board of Pardons and Paroles to adopt rules and regulations, policies, and procedures for the granting of earned time to a parolee or other conditional releasee in the same manner as if such releasee were serving the sentence in custody.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Barnes Dean Foster

Holloway (presiding) Hudgins Johnson

Littlefield Russell Timmons

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, wa's passed.

TUESDAY, FEBRUARY 5, 1980

891

SR 266. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the General Assembly to make grants to local governments and to target tax relief re quired as a condition of such grants; to provide for other matters relative to the foregoing; 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 VII, Section II, Paragraph I of the Constitution is hereby amended by adding a new subparagraph at the end thereof, to be designated subparagraph 14., to read as follows:

"14. To make grants to local governments, subject to such condi tions and limitations as may be authorized by law. Any law authorizing any such grants may require local governments receiving such grants to provide ad valorem tax credits or other tax relief to local taxpayers and, notwithstanding the provisions of Article VII, Section I, Paragraph III of this Constitution, may require that the credits or relief be targeted to such reasonable classifications of taxpayers as may be specified by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to make grants to local governments and
( ) NO to target tax relief as a result of the credits to such reasonable classifications of taxpayers as may be specified by law?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 following substitute to SR 266:
A RESOLUTION Proposing an amendment to the Constitution so as to permit the General Assembly to make grants for tax relief purposes and to target tax relief re quired as a condition of such grants; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OF THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II, Paragraph I of the Constitution is hereby amended by adding a new subparagraph at the end thereof, to be designated subparagraph 14., to read as follows:
"14. To make grants for tax relief purposes, subject to such condi tions and limitations as may be authorized by law. Any law authorizing any such grants may require any local government receiving a grant to provide ad valorem tax credits or other tax relief to local taxpayers and, notwithstanding the provisions of Article VII, Section I, Paragraph III of this Constitution, may require that the credits or relief be targeted to such reasonable classifications of taxpayers as may be specified by law. Credits or relief provided hereunder, other than as a result of grants to local governments, shall be provided only to such reasonable classifica tions of taxpayers as may be specified by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to make grants for tax relief purposes and
( ) NO to target tax relief as a result of the credits to such reasonable classifications of taxpayers as may be specified by law?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 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.

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 Bryant

TUESDAY, FEBRUARY 5, 1980

893

Carter Cobb Coverdell Eldridge English Evans
Fincher of 52nd Fincher of 54th Gillis Greene Horton Howard Hudgins

Hudson Kennedy Kidd Land Langford Lester
Littlefield McGill Overby Paulk Reynolds Riley Robinson

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

Those not voting were Senators:

Barnes Dean Foster

Hill Holloway (presiding) Johnson

Russell Walker

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 267. By Senators Lester of the 23rd, Riley of the 1st, Gillis of the 20th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to place certain limitations upon the period for which tax exemptions may be granted; to provide exceptions; 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 III, Section VII of the Constitution is hereby amend ed by adding a new paragraph at the end thereof, to be designated Paragraph XIII, to read as follows:
"Paragraph XIII. Bills Granting Tax Exemptions; Limitations Upon Duration of Exemptions, (a) Each bill granting or continuing an exemp tion or having the effect of granting or continuing an exemption from any State tax shall contain a provision specifying a data certain upon which the exemption shall automatically expire. Any such provision may be amended from time to time by the General Assembly. In the event any such bill does not contain such a provision, the exemption granted in the bill shall expire at the expiration of 10 years from the effective date of the bill.

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(b) Exemptions from State taxes in effect on January 1, 1981, shall expire January 1, 1991, unless sooner repealed or continued by the General Assembly.
(c) The provisions of this Paragraph shall not apply to exemptions granted from ad valorem taxation as authorized in this Constitution or to any exemption granted in this 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to require bills ( ) NO granting tax exemptions, other than ad valorem tax and homestead exemptions, to contain a provision providing for automatic repeal of the exemption on a specified date in the future unless extended by action of the General Assembly?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Eldridge Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Horton Howard Hudson Kennedy Langford Lester Littlefield Overby Paulk Reynolds Riley

Robinson Russell Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

TUESDAY, FEBRUARY 5, 1980

895

Those voting in the negative were Senators:

Barker Coverdell

Kidd McGill

Scott Stumbaugh

Those not voting were Senators:

Barnes Dean English

Foster Holloway (presiding) Hudgins

Johnson Land

On the adoption of the resolution, the yeas were 41, nays 6.

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

SR 273. By Senators Thompson of the 32nd, Lester of the 23rd, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the levy and collection of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages and to provide by law for the use of all or any part of the proceeds of such tax for educational programs; to provide for the submission of this amend ment for ratification or rejection.

Senator Thompson of the 32nd moved that SR 273 be postponed until Wednesday, February 6.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 273 was postponed until Wednesday, February 6.

SR 280. By Senators Johnson of the 34th and Coverdell of the 40th:

A RESOLUTION
Proposing an amendment to the Constitution so as to grant jurisdiction to the recorder's, mayor's, or police courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana; 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 IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph XI, to read as follows:

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"Paragraph XI. Municipal courts; certain jurisdiction granted. Not withstanding any other provision of this article, the recorder's, mayor's, or police courts of any municipality are hereby granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of such courts shall be con current with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any defendant charged with possession of an ounce or less of marijuana in a recorder's, mayor's, or police court shall be entitled on request to have the case against him transferred to the court having general misde meanor jurisdiction in the county wherein the alleged offense occurred. Nothing herein shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to grant jurisdiction ( ) NO to the recorder's, mayor's, or police courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of mari juana?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Cobb

Coverdell Eldridge English Evans

TUESDAY, FEBRUARY 5, 1980

897

Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Howard Hudgins Hudson Kidd

Land Langford Lester McGill Overby Paulk Reynolds Riley Robinson Russell

Scott Starr Stephens Stumbaugh Tate Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:
Bryant Carter Kennedy

Those not voting were Senators:

Barnes Dean Foster

Holloway (presiding) Johnson Littlefield

Summers Sutton Thompson

On the adoption of the resolution, the yeas were 43, nays 3.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SR 285. By Senators Foster of the 50th, Walker of the 19th, Timmons of the 11th and others: A resolution creating the Georgia High School Association Study Commit tee.
Senator Walker of the 19th moved that SR 285 be postponed until Wednesday, February 6.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 285 was postponed until Wednesday, February 6.
HB 104. By Representatives Buck of the 95th, Johnson of the 72nd and Lambert of the 112th: A bill providing retirement benefits for the clerks of the superior courts of Georgia so as to provide for additional members of the Board of Commis sioners of said fund and to provide a method of their election and initial

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terms; to provide conditions under which retired clerks may serve on the Board of Commissioners.
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

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

DATE:

February 1, 1979

SUBJECT: Fiscal Note--House Bill 104 Superior Court Clerks' Retirement Fund

This Bill would amend the current law governing the Superior Court Clerks' Retirement Fund. The major provisions of this legislation are sum marized below.

1. The Fund's Board of Commissioners would be increased in size from five to seven members.

Because Board members serve without pay and are only reimbursed for actual expenses in performing Board duties and in attending Board meetings, the fiscal impact of increasing the Board's membership would be insignificant.

2. The current provision requiring the Fund to stop paying benefits to the spouse of a deceased member upon remarriage of such spouse would be eliminated.

The financial impact of permitting spouses of deceased members to con tinue to draw benefits in the event of remarriage would be negligible. Cur rently, nine spouses of deceased clerks are receiving benefits totalling ap proximately $2,200 per month.

3. The surviving spouse of a retired clerk would, at age 55 and being married to the clerk for six years, be entitled to receive a monthly benefit equal to 50% of the monthly amount received by the retired clerk prior to the clerk's death. Currently, only clerks who retire with 20 or more years service may provide survivor benefits by electing to receive % of their nor mal retirement benefits; no restrictions are placed on the spouse's age or years of marriage. This '/a reduction in retirement benefits would be elim inated.

TUESDAY, FEBRUARY 5, 1980

899

The impact of this provision cannot be determined without an actuarial valuation; however, the following analysis is provided: To raise the benefits of the five current retirees that have elected survivor coverage from % of their normal retirement benefit to 100% of their normal retirement benefit would cost the system $ 1028 a month. Based on the average benefits of cur rent retirees of $518 per month the cost of survivor benefits would average $259 (50%) per surviving spouse per month.
4. After 12 years service as a clerk or deputy clerk, a member would be permitted to include up to four years service as a member of the Armed Forces in computing retirement benefits. Under the present law a member may only include years of military service if he retires with a total of 20 or more years service.
The exact cost of permitting members with 12 years service to include years of military service cannot be precisely determined. Members currently have to be age 55 with 16 years service as a clerk in order to receive four years military service credit. The members presently pay $216 per year to the Fund for service, thus only $216 in member contributions per eligible clerk per year would be lost for each year military service credit. Since clerks at age 55 with 12 years service can retire and receive $270 monthly any additional year given for military service would cost the fund $22.50 per month per member.
Summary
While this Bill does not provide a method for funding its provisions legislation enacted in 1977 required clerks to charge an additional $ 1.00 for every lawsuit and an additional $.50 for every deed filed in a superior court. Based on projected revenues from these sources of $400,000 per year, the Fund's actuary estimated that the Fund could support the 1978 legislation which increased the monthly retirement benefit by 50% (with an excess of annual contributions over required contributions of approximately $63,000). During the one-year period ending November 30, 1978 the Fund received approximately $455,000 from these additional revenue sources, which resulted in annual excess contributions of approximately $118,000 ($63,000 + $55,000). It should be noted that the sources of these additional revenues are unrelated to the number of members of the Fund.
1st William M. Nixon State Auditor
1st C. T. Stevens, Director Office of Planning and Budget

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

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JOURNAL OF THE SENATE,

FROM:

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

DATE:

January 30, 1980

SUBJECT: Fiscal Note--House Bill 104 (Substitute) Superior Court Clerks' Retirement Fund

This Bill would amend the current law governing the Superior Court Clerks' Retirement Fund. The major provisions of this legislation are sum marized below.

1. The Fund's Board of Commissioners would be increased in size from five to seven members.

Because Board members serve without pay and are only reimbursed for actual expenses in performing Board duties and in attending Board meet ings, the fiscal impact of increasing the Board's membership would be in significant. It should be noted that this Bill specifies that the two additional clerks elected to the Board would take office on July 1, 1979.

2. The current provision requiring the Fund to stop paying benefits to the spouse of a deceased member upon remarriage of such spouse would be eliminated.

The financial impact of permitting spouses of deceased members to con tinue to draw benefits in the event of remarriage would be negligible.

3. The surviving spouse of a clerk who elected to receive an actuarially reduced retirement benefit would, at the time of the clerk's death, be eligible to receive a monthly benefit equal to 50% of the benefit the clerk would have received had he taken the full retirement benefits. To be eligible for such benefits, the surviving spouse must be age 55 and must have been mar ried to the clerk for at least six years preceding the clerk's death. Current law permits clerks to provide survivor benefits by electing to receive % of their normal retirement benefits; no restrictions are placed on the spouse's age or years of marriage.

An actuarial letter dated October 12, 1977 indicates that the financial impact of this provision would be negligible.

Is/ William M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 104:
A BILL To be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952

TUESDAY, FEBRUARY 5, 1980

901

(Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), and an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), so as to provide for additional members of the Board of Commissioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act ap proved March 24, 1976 (Ga. Laws 1976, p. 729), and an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), 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. There is hereby continued a Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia which is hereinafter referred to as the Board. The Board shall consist of seven trustees as follows:
(a) The Governor, ex off icio;
(b) The Attorney General, ex off icio; and
(c) Five superior court clerks who shall be elected by the Clerks' Group of the County Officers' Association of Georgia at its annual meeting. These five clerks shall be members of the retirement fund; pro vided, however, that at least one but not more than two of said clerks shall be retired clerks receiving retirement benefits.
The terms of the clerks presently serving as members of the Board on the effective date of this Section shall be unaffected, and they shall con tinue serving until the expiration of their current terms. The two addi tional clerks elected to the Board under this Section shall take office on July 1, 1979. One such clerk shall hold an initial term of office for eigh teen months, through December 31,1980; and the other such clerk shall hold an initial term of office for thirty months, through December 31, 1981. Thereafter, all clerks who are members of the Board shall be elected for terms of three years. The terms of the clerks elected to the Board shall begin on the first day of January of the year immediately following their election. The Board shall elect a chairman from the five

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clerks serving as members of the Board. All of the members of the Board shall serve without pay but they shall be reimbursed for their actual ex penses in attending meetings of the Board and performing the duties re quired as members of the Board. In case a vacancy occurs in any of the five seats occupied by the clerks, the remaining members shall elect a clerk who is a member of the retirement fund, or who is a retired clerk in accordance with the provisions of this Section, to fill the unexpired portion of the term. In case a vacancy occurs following the member's election by the clerks' group, but prior to his assumption of office on the next following January 1, the remaining members of the Board shall elect a clerk who is a member of the retirement fund, or who is a retired clerk in accordance with the provisions of this Section, to replace the elected clerk whose seat will be vapant. In case a vacancy occurs in either of the two seats occupied by the Governor and Attorney General, the person who serves as Governor or Attorney General, as the case may be, shall become a member of the Board. Four members of the Board shall con stitute a quorum for the transaction of business."
Section 2. Said Act is further amended by striking Section 9C in its en tirety, and inserting in lieu thereof a new Section 9C, to read as follows:
"Section 9C. In lieu of receiving benefits provided in Section 9 of this Act, a clerk, upon retirement may elect to receive an actuarially reduced benefit, determined in the same manner as that used by the State Employees Retirement System, during the remainder of his life, and at his death, leaving a surviving spouse, said spouse shall be entitled to receive a monthly sum during her lifetime equal to 50 percent of the amount which her deceased spouse would have received had he taken the full benefits provided under Section 9 of this Act. In order to be eligible for such survivor's benefits, the spouse must have been married to the clerk for at least six years immediately preceding the death of said clerk. Survivor benefits shall not commence until after the spouses' fifty-fifth birthday."
Section 3. Said Act is further amended by striking Section 9D in its en tirety and inserting in lieu thereof a new Section 9D, to read as follows:
"Section 9D. In the event any clerk has not retired under any of the provisions of this Act, but is eligible to do so, and dies, the surviving spouse shall receive a monthly sum during his or her lifetime equal to 50 percent of the amount said clerk would have received had he or she retired under the provisions of Section 9C of this Act. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to said clerk for at least six years immediately preceding the death of said clerk."
Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

TUESDAY, FEBRUARY 5, 1980

903

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.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk Reynolds
Riley

Voting in the negative was Senator Land.

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

Those not voting were Senators:

Barker Dean

Foster Holloway (presiding)

Johnson

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE,

HB 553. By Representative Russell of the 64th:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as to provide immunity from liability for certain persons for providing in formation to a professional health care review organization.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary offered the following substitute to HB 553:

A BILL
To be entitled an Act to amend Code Title 84, relating to professions, businesses, and trades, so as to provide immunity from liability for certain persons for providing information to a professional health care review organization; to provide legislative intent; to define certain terms; to provide limitations; to provide for confidentiality of certain records; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 84, relating to professions, businesses, and trades, is hereby amended by adding thereto a new Code Chapter, to be designated Code Chapter 84-76, to read as follows:
"CODE CHAPTER 84-76. PEER REVIEW PROTECTION
84-7601. Legislative intent. It is the intent of the General Assembly to provide protection for those individuals who are members of Peer Review Groups which evaluate the quality and efficiency of professional health care providers and to protect the confidentiality of their records.
84-7602. Definitions. As used in this Chapter:
(a) 'Peer review' means the procedure for evaluation by professional health care providers of the quality and efficiency of services ordered or performed by other professional health care providers, including prac tice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, and the compliance of a hospital, nursing home or convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with ap plicable laws, rules, and regulations.
(b) 'Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia including, but not limited to, the following individuals or organizations:
(1) A physician.
(2) A dentist.

TUESDAY, FEBRUARY 5, 1980

905

(3) A podiatrist.
(4) A chiropractor.
(5) An optometrist.
(6) A psychologist.
(7) A pharmacist.
(8) A registered or practical nurse.
(9) A physical therapist.
(10) An administrator of a hospital, a nursing or convalescent home, or other health care facility.
(11) A corporation or other organization operating a hospital, a nursing or convalescent home, or other public health care facility.
(c) Trade or professional society or association' includes hospital, nursing home, medical, psychological, nursing, dental, optometric, phar maceutical, chiropractic, and podiatric organizations having as members at least a majority of the eligible licentiates in the area or health care facility or agency served by the particular society.
(d) 'Review organization' means any committee engaging in peer review established by one or more State or local trade or professional societies or associations to gather and review information relating to the care and treatment of patients by members of such societies or associa tions for the purposes of (1) evaluating and improving the quality of health care rendered; (2) reducing morbidity or mortality; or (3) establishing and enforcing guidelines designed to keep within reasonable bounds the cost of health care.
84-7603. Immunity from liability, (a) No person providing informa tion to any review organization shall be held, by reason of having provid ed such information, to have violated any criminal law, or to be civilly liable under any law, unless:
(1) Such information is unrelated to the performance of the duties and functions of such review organization; or
(2) Such information is false and the person providing such informa tion knew, or had reason to believe, that such information was false.
(3) Such information constitutes patient medical records, and such records are furnished to the review committee without ten (10) days' written notice to the patient involved of his right to object to the fur nishing of such records to the committee or such records are furnished notwithstanding such patient's objection, except when such information is furnished for federally mandated utilization review.
(b) (1) No individual who serves as a member or employee of any

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JOURNAL OF THE SENATE,

review organization or who furnishes professional counsel or services to such organization, shall be held by reason of the performance by him of any duty, function, or activity authorized or required of review organiza tions, to have violated any criminal law, or to be civilly liable under any law, provided he has exercised due care.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any action taken by any individual if such individual in taking such action, was motivated by malice toward any person affected by such action.
84-7604. Confidentiality of review organization's records. The pro ceedings and records of a review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action against a professional health care provider arising out of the matters which are the subject of evaluation and review by such commit tee and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof: Provided, however, that information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or used in any such civil action merely because they were presented during proceedings of such committee, nor should any person who testifies before such committee or who is a member of such commit tee be prevented from testifying as to matters within his knowledge, but the said witness cannot be asked about his testimony before such a com mittee or opinions formed by him as a result of said committee hearings."
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 Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 553 offered by the Senate Committee on Judiciary by adding on line 12, Page 4, after the word "records." the follow ing:
", Except in proceedings alleging violation of this Act, the", and by striking the word "The" on line 12, Page 4.
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment to the committee substitute was adopted.

TUESDAY, FEBRUARY 5, 1980

907

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker 'Barnes Bell Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk

Those not voting were Senators:

Bond Bryant Dean

Foster Holloway (presiding) Land

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

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

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

HB 1078. By Representatives Lambert of the 112th, Hatcher of the 131st and Dover of the llth:
A bill to abolish the Georgia State Commission of Indian Affairs; to transfer the functions of the commission to the Department of Archives and History; to repeal the Act creating the Georgia State Commission of Indian Affairs.
Senate Sponsor: Senator Kidd of the 25th.

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JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English Fincher of 52nd Gillis Hill

Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson

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

Voting in the negative were Senators Barker and Hudgins.

Those not voting were Senators:

Bryant Dean Evans

Fincher of 54th Foster Greene

Holloway (presiding)

On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.
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:

TUESDAY, FEBRUARY 5, 1980

909

SR 278. By Senator Littlefield of the 6th:
A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption in an amount of $4,000.00 from all county and coun ty school ad valorem taxes for residents of Camden County; to provide an additional homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an income from all sources in an amount not exceeding $12,000.00; to provide procedures in connection with obtaining such exemptions; to provide for 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:
"Any other provision of the Constitution to the contrary not withstanding, the homestead of each resident of Camden County actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from all county and county school ad valorem taxes in an amount of $4,000.00 of its value. In addition to the $4,000.00 homestead exemp tion provided for above, the homestead of each resident of Camden County who is 60 years of age or older and who has an income not ex ceeding $12,000.00 is hereby exempted from all county and county school taxes in an amount of $4,000.00 of its value. The homestead ex emptions provided herein shall continue for so long as any such resident of Camden County actually occupies said homestead as his residence. Provided, however, no homestead exemption from ad valorem taxation by Camden County shall exceed the sum of $8,000.00. The value of the homestead in excess of the above exempted amount or amounts shall re main subject to ad valorem taxation by Camden County. No resident shall receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the county, 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 con taining such additional information as will enable the governing authori ty 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 he files an affidavit with the governing authority of Camden County, or with the person designated by the gover ning authority of Camden County, giving his age and the amount of in come which he receives and such additional information as may be re quired to make a determination as to whether such owner is entitled to such exemption. Such applications shall be processed in the same manner as other applications for homestead exemptions and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; 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

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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 authority in the event he becomes ineligible for any reason for the exemptions provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, in cluding penalties necessary therefor. The increased exemptions provided herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide a homestead exemption in an amount of $4,000.00 from all
( ) NO county and county school ad valorem taxes for residents of Camden County and to provide an additional homestead ex emption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an in come from all sources in an amount not exceeding $12,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th Carter

Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill

Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford

Lester McGill Overby Paulk
Reynolds Riley Robinson

TUESDAY, FEBRUARY 5, 1980

911

Russell Scott Starr Stephens
Stumbaugh Summers Sutton

Tate Thompson Timmons Turner
Tysinger Walker Wessels

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 279. By Senator Littlefield of the 6th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in accordance with the fines specified by such ordinance or resolution; to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised; 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 VI, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision of the Constitution or any general or local law of this State, the Probate Court of Camden County shall have jurisdiction to try violations of county ordinances and resolu tions and to impose fines for such violations in accordance with the fines specified by such ordinances or resolutions. In addition, the General Assembly is hereby authorized to provide by law the procedures and con ditions under which this jurisdiction shall be exercised. The authority provided in 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 mat ter thereof as to Camden County."

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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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the Probate Court of Camden County shall have jurisdiction to
( ) NO try and impose fines for the violation of county ordinances and resolutions in accordance with the fines specified by such ordinance or resolution and to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

TUESDAY, FEBRUARY 5, 1980

913

On the adoption of the resolution, the yeas were 51, nays 0.

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

SR 290. By Senator Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Towns County to direct the governing authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Towns County school district; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OK GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Towns County, upon the adoption of a resolution by said Board for such purpose, is hereby authorized to direct the governing authority of Towns County to impose, on behalf of said Board of Education, any one or more of the following taxes:
(1) An excise tax not exceeding five cents per 12 ounces, or a propor tionate tax at like rate on bottles, cans, and containers of various sizes, on the sale of malt beverages within Towns County. Such tax may also be imposed on tap or draft beer sold within Towns County at a rate not ex ceeding $6.00 for each barrel or bulk container containing 15 Vi gallons, or a proportionate tax at like rate for containers of various sizes.
(2) An excise tax not exceeding 25 cents per gallon, or a propor tionate tax at like rate on fractional parts of a gallon, on the sale within Towns County of wines, whether produced from fruits or berries grown within or without the state, having an alcoholic content of 14 percent or more by volume.
(3) An excise tax not exceeding 80 cents per gallon, or a propor tionate tax at like rate on fractional parts of a gallon, on the sale within Towns County of distilled alcoholic beverages if the sale of such distilled alcoholic beverages within Towns County hereafter becomes legal in the manner provided by law.
If the Board of Education of Towns County adopts a resolution directing that one or more of the taxes authorized above be imposed, it shall be the duty of the governing authority of Towns County to impose and collect such tax beginning on the date specified in the resolution adopted by said Board of Education. Said resolution shall specify the

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rate, within the foregoing limitations, of any such tax. Said tax shall be imposed on behalf of the Board of Education, and the proceeds therefrom shall be paid to the Board of Education, in a manner and at such times as shall be specified by the resolution adopted by said Board of Education, to be used by said Board for educational purposes within the Towns County school district. The Board of Education of Towns County shall be authorized to receive and expend funds derived from any such tax for such educational purposes, notwithstanding any other provision of this Constitution, and receiving such funds shall not modify, restrict, limit or supersede the authority of said Board of Education to cause the levy of ad valorem taxes for educational purposes as provided by law and this Con stitution. The governing authority of Towns County shall be authorized to deduct from the proceeds of any tax imposed hereunder a reasonable amount, not to exceed two and one-half percent of such proceeds, for ad ministrative expenses incurred by the county in imposing and collecting any such tax on behalf of the Board of Education. Any tax authorized hereunder may be imposed and collected at either the wholesale or retail level, but no such tax may be imposed at both the wholesale and retail level on the same alcoholic beverages. Any tax authorized hereunder shall be imposed throughout the territorial limits of Towns County and shall be in addition to any such tax heretofore or hereafter imposed or authorized to be imposed by the state or by counties and municipalities.
Any action taken by the Board of Education of Towns County and the governing authority of said county to carry out and implement the powers hereinabove granted shall not be repealed, modified or supersed ed by any general or local law, whether presently existing or hereafter enacted. Such powers may be exercised by said Board of Education and county governing authority from time to time, and any tax imposed within Towns County pursuant to such powers may be repealed, modified or superseded by subsequent action of said Board of Education and county governing authority."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the Board of Education of Towns County to direct the governing
( ) NO authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Towns County school districts?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 5, 1980

915

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.

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

HR 470. By Representatives Burton of the 47th, Linder of the 44th, Tolbert and Johnston of the 56th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"The governing authority of the City of Doraville may grant an ex emption from city ad valorem taxes on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such, in an amount to be fix ed by the governing authority at not more than $20,000.00 of its value. The governing authority of the city may by ordinance provide the pro cedures and requirements necessary for.the proper administration of this exemption. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal ti tle to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence. In such instances, such exemp tions shall be granted to such properties, if claimed in the manner re quired by the city by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the ex emption granted by this paragraph in the manner required by the 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.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond

TUESDAY, FEBRUARY 5, 1980

917

Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway

Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds Riley

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 478. By Representative Johnson of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to grant each resi dent of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Newton County is hereby granted an ex emption from all Newton County ad valorem taxes, including ad valorem taxes for the Newton County School District, in the amount of $4,000.00 of the value of the homestead owned and occupied by said resident as a homestead within Newton County. For the purpose of Newton County ad valorem taxes, including ad valorem taxes for the

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Newton County School District, 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 and except that application for the homestead exemption granted herein shall be filed in the office of the Tax Commissioner of Newton County on or before March 1 of the year in which the exemption is sought. The owner of a homestead quali fying for the exemption granted herein shall have to apply for said ex emption only one time so long as the owner remains in continuous oc cupation of the residence as a homestead. Each such exemption shall automatically be renewed from year to year as long as the owner con tinuously occupies the residence as a homestead."

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 writ ten or printed thereon the following:

"( ) YES ( )NO

Shall the Constitution be amended so as to grant each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th

Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy

Kidd Land Langford Lester McGill Overby Paulk Reynolds

TUESDAY, FEBRUARY 5, 1980

919

Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 492. By Representatives Childers of the 15th, Fuller of the 16th and Oldham of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the max imum dollar amount for civil cases over which the justices of the peace in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $1,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 Floyd 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 $500.00; 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 $1,000.00. 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 Floyd County, notwithstanding the provisions of any conflicting general law."

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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.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to increase the maximum dollar amount for civil cases over which the
( ) NO justices of the peace in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $1,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Broun of 46th
Brown of 47th Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis
Greene Hill Holloway Horton Howard Hudgins Hudson
Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

TUESDAY, FEBRUARY 5, 1980

921

On the adoption of the resolution, the yeas were 51, nays 0.

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

HR 519. By Representatives Harris, Anderson and Hasty 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 Bartow 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 adding at the end thereof the following paragraph:
"Provided, however, that in Bartow County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $1,000.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulation regula tions 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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to increase the ( ) NO dollar amount of civil cases over which the Justices of the Peace in Bartow County shall have jurisdiction to $1,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.

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JOURNAL OF THE SENATE,

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 Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 520. By Representatives Harris, Hasty and Anderson of the 8th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is sixty-two years of age or over and whose income from all sources, including the income of all fami ly members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all Bartow County School District 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 ratifica tion or rejection; and for other purposes.

TUESDAY, FEBRUARY 5, 1980

923

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:

"The homestead of each resident of the Bartow County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per an num, shall be exempt by law from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Bartow County giving his age, the amount of in come which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall pro vide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an ad ministrator, 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 and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall ap ply to all taxable years beginning after December 31, 1980."

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.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

) YES ) NO

Shall the Constitution be amended so as to provide that each resident of the Bartow County School District who is sixty-two years of age or over and whose income from all sources, including the income of alLfamily members residing within said homestead, does not exceed $12,000.00 per an num shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead own ed and occupied by him as a residence?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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JOURNAL OF THE SENATE,

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

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.

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

HR 521. By Representative Johnson of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident of Newton County

TUESDAY, FEBRUARY 5, 1980

925

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 $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the sub mission of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Newton County who is 65 years of age or over or who is disabled is hereby granted an exemption from all Newton County and Newton County School District ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence 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 $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term 'adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retire ment, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pen sion system, except such income or benefits which are in excess, of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amend ed. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemp tion shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physi cian 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 owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Newton County, giving his age, or if disabled the certificate or certificates provided for herein, 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 enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide af fidavit 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, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he

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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 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 pro vide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the onequarter mill ad valorem tax levied by the state, but in all other respects such homestead exemption shall supersede and replace a homestead ex emption from county taxes for residents of Newton County who are 65 years of age or over and a homestead exemption from school taxes for Newton County residents who are 62 years of age or over when such homestead exemptions have been provided by previously existing provi sions of this Constitution. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Newton County
( ) NO and Newton County School District ad valorem taxes for each resident of Newton 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 $10,000.00, exclusive of certain retirement, survivor, disability, and pen sion benefits?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond

Brantley Broun of 46th Brown of 47th

TUESDAY, FEBRUARY 5, 1980

927

Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Howard

Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds Riley Robinson

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 544. By Representative Crawford of the 5th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the Town of Trion, who are 65 years of age or older, shall be granted an exemption of $2,000.00 which may be increased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation; 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:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the Town of Trion who is 65 years of age or over is hereby granted an exemption of $2,000.00 which may be in creased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on his homestead from all ad valorem taxation by the Town of

928

JOURNAL OF THE SENATE,

Trion as long as any such resident of the Town of Trion actually occupies said homestead as his residence. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the Town of Trion. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit and acceptable evidence of the date of his birth with the governing authority of the Town of Trion, or with a person designated by the governing authority of the Town of Trion, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the Town of Trion, or the person designated by the govern ing authority of the Town of Trion, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the Town of Trion, or the person designated by the said governing authority, shall provide for the proper administration of this exemption. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980, with any such increases as may be fixed as aforesaid to apply to all taxable years beginning after December 31 of the year in which any such increase shall be so fixed."

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 writ ten or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that residents of the Town of Trion who are 65 years of age or older shall be granted an exemption of $2,000.00 which may be increased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond

Brantley Broun of 46th Brown of 47th

TUESDAY, FEBRUARY 5, 1980

929

Carter Cobb Coverdell
Eldridge English Evans Fincherof 52nd Fincher of 54th Gillis
Greene Hill Holloway Horton Howard

Hudgins Hudson Johnson
Kennedy Kidd Land Langford Lester McGill
Overby Paulk Reynolds Riley Robinson

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

Those not voting were Senators:

Bryant Dean

Foster Littlefield

On the adoption of the resolution, the yeas were 51, nays 0.

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

The following bills of the House were read the first time and referred to commit tees:

HB 1391. By Representatives Parham of the 109th and Harris of the 8th:
A bill to provide for the licensure of home health agencies and applications therefor; to exempt home health services provided under certain conditions. Referred to Committee on Human Resources.

HB 1392. By Representative Birdsong of the 103rd:
A bill to amend Code Section 91 A-1439, relating to removal from office of members of boards of tax assessors, so as to change the number of signatures required on a petition for removal. Referred to Committee on Governmental Operations.

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

930

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, February 6, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was call ed to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Littlefield of the 6th moved that the Senate reconsider its action of February 5 in passing the following bill of the Senate:

SB 496. By Senators Stumbaugh of the 55th, Johnson of the 34th, Kidd of the 25th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, as amended, so as to prohibit the granting of bail on appeal to a person adjudged guilty of certain drug crimes; to provide for declaration of purpose.

On the motion, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brantley Broun of 46th Bryant Carter Evans Fincher of 52nd Foster Gillis

Holloway Hudgins Hudson Kennedy Land Littlefield McGill Overby Paulk

Reynolds Riley Russell Starr Stephens Walker Wessels

Voting in the negative were Senators Ballard and Kidd.

Those not voting were Senators:

Allgood Barnes Bell Bond Brown of 47th

Cobb Coverdell Dean Eldridge English

Fincher of 54th Greene Hill Horton Howard

WEDNESDAY, FEBRUARY 6, 1980

931

Johnson Langford Lester Robinson Scott

Stumbaugh Summers Sutton Tate Thompson

Timmons Turner Tysinger

On the motion, the yeas were 25, nays 2. No quorum of the Senate having voted, another roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell English Evans Fincher of 52nd Foster Gillis

Hill Holloway Horton Hudgins Hudson Kennedy Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Russell Starr Stephens Summers Sutton Thompson Walker Wessels

Voting in the negative were Senators Ballard and Kidd.

Those not voting were Senators:

Allgood Barnes Bell Bond Bryant Dean

Eldridge Fincher of 54th Greene Howard Johnson Robinson

Scott Stumbaugh Tate Timmons Turner Tysinger

On the motion, the yeas were 35, nays 2; the motion prevailed, and SB 496 was reconsidered and placed at the foot of the Rules Calendar.
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:

932

JOURNAL OF THE SENATE,

HB 474. By Representative Pilewicz of the 41st:
A bill to amend Code Chapter 26-24, relating to perjury and other falsifica tions, so as to make it unlawful to obtain, possess, or use the birth certificate of another person to establish a false identity; to make it unlawful to use the birth certificate of another person to aid in the commission of a misde meanor or felony.

HB 813. By Representative Marcus of the 26th:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to provide that an amount of money not exceeding fifteen percent (15%) of the principal amount of a revenue anticipation certificate issue may be funded as a part of such issue and set aside from the proceeds of sale of such issue for the purpose of establishing a debt service reserve with respect to such issue.

HB 1057. By Representative Nix of the 20th:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the term "barber establishment" to "barbershop"; to change the number of inspectors to be employed.

HB 1217. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend Code Section 20-302, relating to the definition of considera tion, so as to change the definition of consideration.

HB 1220. By Representatives Snow of the 1 st, Walker of the 115th, Karrh of the 106th and others:
A bill to repeal certain Acts of the General Assembly which provided for the payment of fees in divorce cases in the superior courts of certain counties of this state.

HB 1296. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to amend Code Chapter 72-3, relating to houses of prostitution, so as to change the provisions relating to abatement of nuisances generally.
HB 1297. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th: A bill to repeal Code Chapter 41A-36, relating to entities similar to building and loan associations.

WEDNESDAY, FEBRUARY 6, 1980

933

HB 1340. By Representatives Hasty of the 8th, Rainey of the 135th, Peters of the 2nd and others:
A bill to amend Code Section 100-101, relating to the State Depository Board, so as to authorize the board to appoint as state depositories of state funds any building and loan association or federal or state savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation.

HB 1431. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to repeal those sections of the "Georgia Civil Practice Act" containing forms or which relate to forms which are deemed to be sufficient under the provi sions of said Act.

HB 1432. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th: A bill to amend an Act creating a Department of Natural Resources, so as to abolish the "State Park Fund" and repeal the provisions relating thereto.
HB 1433. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others: A bill to repeal an Act known as the "Unfair Cigarette Sales Act."

HB 1521. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the salary of the judge and of the solicitor.

HB 1532. By Representative Murphy of the 18th:
A bill to clarify the investment authority of agencies, authorities, boards, public corporations, and other divisions of state government authorized to invest in certain obligations of the United States govern ment in a certain manner.

HB 1565. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to create the Etowah Water and Sewer Authority; to authorize the Authority to acquire, construct, operate and maintain selfliquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.

934

JOURNAL OF THE SENATE,

HB 1573. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff of Talbot County on an an nual salary, so as to provide for full-time and part-time deputies and their compensation.

The House has agreed to the Senate amendments to the following bills of the House:
HB 572. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common car riers, so as to require an application and payment of a fee prior to the grant of temporary emergency authority; to change certain provisions relating to fees; to provide for issuance of temporary vehicle registra tion permits.

HB 573. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-5, relating to motor contract car riers, so as to define and redefine certain terms; to provide for and re quire the collection of certain application fees; to provide for issuance of certain temporary permits.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 845. By Representatives Felton of the 22nd, Carnes of the 43rd, Smith of the 42nd and others:
A bill to amend Code Section 79A-811.1, relating to the prohibition of transactions in certain drug-related objects, so as to change the provi sions relating to the definition of a drug-related object.

HB 1489. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 483. By Representative Lee of the 72nd: A resolution proposing an amendment to the Constitution so as to pro vide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia.

WEDNESDAY, FEBRUARY 6, 1980

935

HR 581. By Representative Ham of the 80th:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemptions for tax purposes of certain property owned by certain residents of Monroe County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 561. By Senator Kennedy of the 4th: A bill to amend an Act fixing the terms of the Superior Court of Evans County, as amended, so as to change the provisions relative to such terms.
Referred to Committee on Judiciary.
SB 562. By Senator Land of the 16th: A bill to amend Code Section 45-513, relating to hunting seasons and bag limits, so as to change the bag limits on deer.
Referred to Committee on Natural Resources and Environmental Quality.
SB 563. By Senators Allgood of the 22nd and Barnes of the 33rd: A bill to amend Code Title 26, relating to crimes, as amended, by repealing Code Section 26-603, relating to the presumption that the acts of a person of sound mind are the product of the person's will; to amend Code Section 26-604, relating to the presumption that a person of sound mind intends the natural and probable consequences of his acts.
Referred to Committee on Special Judiciary.
SB 564. By Senators Allgood of the 22nd and Barnes of the 33rd: A bill to amend an Act revising appellate and other posttrial pro cedures in civil and criminal cases, as amended, so as to provide that in criminal as well as civil cases an objection to the giving or the failure to give an instruction to the jury must be made prior to the time the jury returns its verdict.
Referred to Committee on Special Judiciary.
SB 565. By Senators Allgood of the 22nd and Barnes of the 33rd: A bill to amend an Act revising appellate and other posttrial pro cedures in civil and criminal cases, as amended, so as to prescribe a form for a motion for a new trial for use in criminal cases.
Referred to Committee on Special Judiciary.

936

JOURNAL OF THE SENATE,

SB 566. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend an Act making provision for the regulation of profes sional soil classifying so as to continue thr State Board of Registration for Professional Soil Classifiers and the la s relating thereto until July 1, 1984; to provide for the termination <<< such board and the repeal of the laws relating thereto.
Referred to Committee on Agriculture.

SB 567. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend Code Chapter 84-3A, relating to regulation and licensure of auctioneers, as amended, so as to continue the Georgia Auc tioneers Commission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto.
Referred to Committee on Agriculture.

SB 568. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend an Act known as the "Structural Pest Control Act", as amended, so as to continue the Structural Pest Control Commission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto.
Referred to Committee on Agriculture.

SB 569. By Senator Paulk of the 13th:
A bill to amend Code Section 24-2727, relating to the enumeration of fees for clerks of the superior courts, as amended, so as to change the fees for each day of service in attendance upon the courts. Referred to Committee on Governmental Operations.

SB 570. By Senators Hudson of the 35th, Russell of the 10th and Hudgins of the 15th:
A bill to amend an Act providing for programs of liability insurance or con tracts of indemnity for State agencies, as amended, so as to provide that such programs may be extended to certain members of the organized militia; to provide the procedures connected therewith.
Referred to Committee on Defense and Veterans Affairs.

SB 571. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations and respon sibilities for the Newton County Industrial Development Authority by designating said Authority as a Development Authority within the meaning of the Act known as the "Development Authority Law", as amended.
Referred to Committee on Community Affairs.

WEDNESDAY, FEBRUARY 6, 1980

937

SB 572. By Senator Broun of the 46th:
A bill to amend an Act creating the board of commissioners of Oconee County, as amended, so as to reconstitute the board. Referred to Committee on Community Affairs.

SB 573. By Senator Bryant of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city, as amended, so as to change the terms of office for the mayor and all city councilmcn.
Referred to Committee on Community Affairs.

SB, 317. By Senators Tysinger of the 41st, Foster of the 50th, Stumbaugh of the 55th and others:
A resolution proposing an amendment to the Constitution so as to provide that no supplementary appropriations Act or amendment to the General Ap propriations Act appropriating additional funds for capital outlay purposes or for the purpose of establishing a new program shall be passed by the General Assembly unless approved by a two-thirds' vote of the Senate and the House of Representatives on a roll-call vote thereon; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

SR 318. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Powder Springs Downtown Development Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Community Affairs.
SR 321. By Senators Tysinger of the 41st, Reynolds of the 48th and Brown of the 47th:
A resolution authorizing the amendment of that certain "Amendment to Leases" ("Consolidated Lease") entered into on April 25, 1974, by and be tween the State of Georgia and Consolidated Atlanta Properties, Ltd; to modify certain provisions relating to removal or demolishment of Special Improvements; modifying certain provisions relating to time limits for the repair or replacement of damaged or destroyed buildings and the priority among defined leasehold mortgagees and further specifies certain property descriptions and applicability of the involved Amended Lease to designated successors and assigns.
Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and refer red to committees:

938

JOURNAL OF THE SENATE,

HB 474. By Representative Pilewicz of the 41st:
A bill to amend Code Chapter 26-24, relating to perjury and other falsifica tions, so as to make it unlawful to obtain, possess, or use the birth certificate of another person to establish a false identity; to make it unlawful to use the birth certificate of another person to aid in the commission of a misde meanor or felony.
Referred to Committee on Judiciary.

HB 813. By Representative Marcus of the 26th:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to provide that an amount of money not exceeding fifteen percent (15%) of the principal amount of a revenue anticipation certificate issue may be funded as a part of such issue and set aside from the proceeds of sale of such issue for the purpose of establishing a debt service reserve with respect to such issue.
Referred to Committee on Human Resources.

HB 1057. By Representative Nix of the 20th: A bill to amend an Act known as the "Georgia Barber Act", so as to change the term "barber establishment" to "barbershop"; to change the number of inspectors to be employed.
Referred to Committee on Human Resources.
HB 1217. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others: A bill to amend Code Section 20-302, relating to the definition of considera tion, so as to change the definition of consideration.
Referred to Committee on Judiciary.
HB 1220. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others: A bill to repeal certain Acts of the General Assembly which provided for the payment of fees in divorce cases in the superior courts of certain counties of this state.
Referred to Committee on Judiciary.
HB 1296. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to amend Code Chapter 72-3, relating to houses of prostitution, so as to change the provisions relating to abatement of nuisances generally; to change the definition of nuisance.
Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 6, 1980

939

HB 1297. By Representatives Snow of the 1st, Murphy of the 18th, Karrh of the 106th and Walker of the 115th:
A bill to repeal Code Chapter 41A-36, relating to entities similar to building and loan associations. Referred to Committee on Judiciary.

HB 1340. By Representatives Hasty of the 8th, Rainey of the 135th, Peters of the 2nd and others:
A bill to amend Code Section 100-101, relating to the State Depository Board, so as to authorize the board to appoint as state depositories of state funds any building and loan association or federal or state savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation.
Referred to Committee on Banking, Finance and Insurance.

HB 1431. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th: A bill to amend an Act known as the "Georgia Civil Practice Act", so as to repeal those sections of the "Georgia Civil Practice Act" containing forms or which relate to forms which are deemed to be sufficient under the provi sions of said Act.
Referred to Committee on Judiciary.
HB 1432. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th: A bill to amend an Act creating a Department of Natural Resources, so as to abolish the "State Park Fund" and repeal the provisions relating thereto.
Referred to Committee on Natural Resources and Environmental Quality.
HB 1433. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th: A bill to repeal an Act known as the "Unfair Cigarette Sales Act".
Referred to Committee on Judiciary.

HB 1521. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the salary of the judge and of the solicitor. Referred to Committee on Community Affairs.

940

JOURNAL OF THE SENATE,

HB 1532. By Representative Murphy of the 18th:
A bill to clarify the investment authority of agencies, authorities, boards, public corporations, and other divisions of state government authorized to invest in certain obligations of the United States government in a certain manner.
Referred to Committee on Banking, Finance and Insurance.

HB 1565. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to create the Etowah Water and Sewer Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating proj ects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.
Referred to Committee on Community Affairs.

HB 1573. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for full-time and part-time deputies and their com pensation. Referred to Committee on Community Affairs.
HR 483. By Representative Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia. Referred to Committee on Judiciary.

HR 581. By Representative Ham of the 80th: A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by certain residents of Monroe County.
Referred to Committee on Community Affairs.
The following reports of standing committees were read by the Secretary:

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 546. Do pass.

WEDNESDAY, FEBRUARY 6, 1980

941

SB 547. Do pass. SB 548. Do pass. SB 549. Dopass. SB 550. Dopass. SB 554. Dopass. SB 555. Do pass. SB 559. Do pass. SB 560. Do pass. HB 1039. Do pass. HB 1237. Dopass. HB 1386. Dopass. HB 1387. Do pass. HB 1490. Do pass. HB 1491. Do pass. HB 1492. Do pass. HB 1511. Do pass. HB 1514. Do pass

HB 1515. Do pass. HB 1518. Do pass. HB 1519. Dopass. HB 1520. Dopass. HB 1524. Dopass. HB 1525. Dopass. HB 1526. Dopass. HB 1545. Dopass. HB 1546. Dopass. HB 1547. Dopass. HB 1548. Dopass. HB 1549. Dopass. HB 1550. Dopass. SR 311. Dopass. HR 565. Dopass. HR 569. Dopass. HR 578. Dopass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation.
HB 195. Do pass as amended.
Respectfully submitted,
Senator Carter of the 14th District, Chairman

Mr. President:
Your Committee on Higher Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

942

JOURNAL OF THE SENATE,

HB 597. Do pass. HB 895. Do pass. HB 1428. Do pass.

Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 50. Do not pass. SB 457. Do pass by substitute. SB 526. Do pass. SR 264. Do pass. HB 40. Do pass. HB 1101. Do pass as amended. HB 1422. Do pass as amended.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

Your Committee on Industry, Labor and Tourism has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 507. Do pass. SB 508. Do pass. SB 544. Do pass. SR 275. Do pass. HB 1189. Do pass. HR 558. Do pass.
Respectfully submitted,
Senator Ballard of the 45th District, Chairman

WEDNESDAY, FEBRUARY 6, 1980

943

Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1213-. 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 bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 344. Do pass by substitute. HB 1155. Do pass by substitute. HB 1090. Do pass by substitute. SB 518. Do pass by substitute. HB 1020. Do pass. SB 498. Do pass. SB 500. Do pass. SB 499. Do pass. HB 696. Do pass.
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 bills and resolution of the House and Senate and has in structed me to report the same back to the Senate with the following recommendations:
SR 276. Do pass by substitute. HB 860. Do pass. HB 1278. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

944 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SR 316. Do pass.
Respectfully submitted,
Senator Eldridge of the 7th District, Chairman

Mr. President:

Your Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 60. Do pass as amended. HB 1138. Do pass as amended.
Respectfully submitted,
Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 345. By Senator Kidd of the 25th: A bill to amend an Act providing the procedures for the purchase of sup plies, materials, services, and equipment for the needs of the various state departments and agencies, as amended, so as to allow the Department of Ad ministrative Services to contract directly for the purchase of goods, wares, merchandise, and services with non-profit cooperative buying associations.
SB 396. By Senators Foster of the 50th, Barnes of the 33rd, Stumbaugh of the 55th and others: A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure certain actions by registered agents; to provide for a declaration of policy; to require certain registered agents to file certain reports.

WEDNESDAY, FEBRUARY 6, 1980

945

SB 470. By Senators Lester of the 23rd, Holloway of the 12th, Gillis of the 20th and others:
A bill to provide for the investment of idle public funds of local govern ments; to provide a short title; to state findings and purpose; to define cer tain terms; to authorize certain investments of local funds; to place certain conditions uipon investment of local funds; to authorize interfund proolingo under certain circumstances.

SB 515. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend an Act known as the Urban Redevelopment Law, as amend ed, so as to remove the interest rate on bonds issued by a municipality; to provide that bonds may be sold to an institution insured by an agency of the federal government at not less than par at private sale.

SB 531. By Senator Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, as amended, so as to delete certain provisions relating to persons not meeting certain qualifications.

SB 532. By Senator Kidd of the 25th:
A bill to amend an Act relating to the sale of motor vehicle license plates in the various counties, as amended, so as to provide a time period within which county tag agents must submit reports and moneys to the commis sioner as to license tag applications handled and related information and to provide a penalty for failure of the county tag agents to submit said tag reports and moneys to the commissioner in a timely and proper manner.

SB 533. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide a time period within which county tag agents must submit reports to the commissioner as to title applications which the county tag agents accept and handle and to provide a penalty for failure of the county tag agents to submit said reports and moneys to the commissioner in a timely and proper manner.

SR 270. By Senators Turner of the 8th, Lester of the 23rd, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to classify property for purposes of ad valorem taxa tion; to provide for submission of this amendment for ratification or rejec tion.

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SR 282. By Senators Gillis of the 20th, Riley of the 1st, Kennedy of the 4th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when review ing and approving county tangible property tax digests; to provide for the submission of this amendment for ratification or rejection.

SR 283. By Senator English of the 21st:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Burke County, Georgia, to Grattan W. Rowland and the accep tance of certain property owned by Grattan W. Rowland, located in Burke County, Georgia, in consideration therefor.

SR 284. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission to convey certain State-owned real property located in Baldwin County, Georgia, to Georgia Power Company and the acceptance of certain property owned by the Georgia Power Company, located in Baldwin County, Georgia, in con sideration therefor.

SR 289. By Senator Sutton of the 9th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey to landowners whose property abuts State of Georgia owned property and their adjoining landowners an easement for in gress and egress to their property.

SR 294. By Senators Broun of the 46th and Brown of the 47th: A resolution creating the Georgia Energy Regulatory Reform Commission.

HB 62. By Representative Logan of the 62nd:
A bill to amend an Act comprehensively and exhaustively to revise, supersede and modernize procedure for a review of assessments made by county boards of tax assessors, so as to place certain limitations on the power of the county board of tax assessors to appeal decisions of the county board of equalization.

HB 184. By Representative Davis of the 99th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to requirements for substitute teachers.

WEDNESDAY, FEBRUARY 6, 1980

947

HB 308. By Representative Williamson of the 45th:
A bill to amend Code Section 91A-3915, relating to declaration of estimated income tax by individuals, so as to provide an exception with respect to in dividuals who are required to make a declaration of estimated tax for the current taxable years.

HB 393. By Representatives White of the 132nd, Parkman of the 134th, Carrell of the 75th and others:
A bill to amend an Act providing sick leave for teachers in the public schools of this State so as to extend said sick leave provisions to certain other person nel employed by local boards of education.

HB 1104. By Representative Greer of the 43rd: A bill to amend Code Title 22, relating to corporations, so as to delete provi sions for change of registered agent or office or both in annual reports.
HB 1114. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to amend Code Title 109A, known as the "Uniform Commercial Code," so as to redefine the term "public sale".
HB 1116. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to repeal Code Chapter 111-1, relating to bonded public warehousemen; to repeal Code Section 111-9901, relating to unlawful disposition of goods deposited in bonded public warehouses.
HB 1117. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to repeal certain specific Acts of the General Assembly which provid ed for additional compensation for sheriffs and other county officials in cer tain counties of this state as a result of national defense activities during World War II and certain periods thereafter.
HB 1120. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to amend an Act known as the "Georgia Civil Practice Act," so as to change certain forms in order to comply with provisions of the Act and to make the forms contained in such Act more useful to the courts, members of the bar, and the citizens of Georgia.

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HB 1121. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act providing for the registration of trade names, part nership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, so as to revise the provisions relating to the registration of such trade names, part nership names, or other names.

HB 1123. By Representative Pinkston of the 100th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, so as to provide for exceptions under certain circumstances.

HB 1143. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34A-1409, relating to special municipal primaries and elections on failure to nominate or elect or on death or withdrawal of officer elect, so as to provide for special elections for failure validly to take office.

HB 1144. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34-1514, relating to special primaries and elections under the Georgia Election Code, so as to provide for special elec tions for failure validly to take office.

HB 1156. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 26-3004, relating to exemptions of law en forcement officers from the provisions of Code Chapter 26-30, relating to in vasions of privacy, so as to make any crime involving marijuana a crime which will authorize an investigation warrant.

HB 1265. By Representatives Wall of the 61st, Martin of the 60th, and Phillips of the 59th:
A bill to amend Code Section 26-2306, relating to officers or employees sell ing to governments or political subdivisions, so as to change who is pro hibited from making certain sales.

HB 1317. By Representative Buck of the 95th:
A bill to amend Code Section 56-405, relating to the definition of "property insurance" for the purposes of certain provisions of Code Title 56, known as the "Georgia Insurance Code," so as to provide for the content of any contract, agreement, or instrument considered to be "proper ty insurance".

WEDNESDAY, FEBRUARY 6, 1980

949

HB 1184. By Representatives Evans of the 84th and Carrell of the 75th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide that the State Board of Education shall establish procedures, policies and regulations to provide for partial alloca tions of special education leadership positions.

HR 41. By Representatives McDonald of the 12th, Hays of the 1st, Lane of the 81st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund.

HR 461. By Representatives Twiggs of the 4th and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to ex pend funds to finance all or part of the employer and employee contribu tions to any health insurance plan for retired public school teachers created by the general law of this state.

HR 491. By Representative Murphy of the 18th:
A resolution relative to the Atlanta Office, Coordination Council for North American Affairs of the Republic of China.

HR 512. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A resolution authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, relative to certain State-owned real property located in Chatham Coun ty, Georgia.

HR 513. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A resolution requesting that the Georgia Building Authority (Hospital) make certain land in Chatham County available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of constructing a sheltered workshop for the handicapped.
HR 549. By Representative Crawford of the 5th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey certain State-owned real property located in Chattooga County, Georgia to Tom S. Fisher, and the acceptance of certain property owned by Tom S. Fisher, located in Chattooga County, Georgia.

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SB 537. By Senator Foster of the 50th:
A bill to create and establish a Small Claims Court in and for Rabun Coun ty; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensa tion, qualifications, substitutions, and tenure of the office of the judge of said court.

HB 1332. By Representative Patten of the 149th:
A bill to amend an Act incorporating the City of Remerton, so as to eliminate the prohibition against taxation of realty and personalty and to provide for authority to tax real estate and personal property in the City of Remerton.

HB 1394. By Representative Hatcher of the 131 st:
A bill to abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1418. By Representatives Foster and Williams of the 6th:
A bill to amend an Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of com pensation, so as to change the compensation of the clerk and the probate judge.

HB 1419. By Representatives Foster and Williams of the 6th:
A bill to change the compensation of the coroner of Whitfield County; to authorize the coroner to appoint a deputy.

HB 1456. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act creating a three-member Board of Commissioners for McDuffie County, so as to change the provisions relating to the compensa tion and expense allowance of the members of the board.

HB 1457. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act placing certain county officers in McDuffie County on a salary basis, so as to change the provisions relating to the compensation of the coroner of McDuffie County.

HB 1482. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to repeal an Act establishing the State Court of Laurens County.

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951

HB 1483. By Representatives Fuller of the 16th, Childers of the 15th and Oldhamof the 14th:
A bill to provide for additional powers to the Rome-Floyd County Development Authority; to provide for definitions; to provide for addi tional projects of the authority; to remove certain interest rate ceilings.

HB 1486. By Representative Cox of the 141st:
A bill to amend an Act increasing the membership of the Board of Education of Decatur County, so as to change certain residency re quirements of the members of the Board of Education.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:
HB 1402. By Representatives Fuller of the 16th, Childers of the 15th and Oldhamof the 14th: A bill to amend Code Section 24-1801, relating to clerks of the judges of the probate courts, so as to authorize the judge of the probate courts in all counties having a population of not less than 73,000 and not more than 89,000, to employ, prescribe the duties, and set the salary of such 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1544. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, so as to provide for a fivemember board of commissioners in Laurens County, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

Allgood Ballard Barker Barnes Bell Broun of 46th Bryant Carter Dean Eldridge Fincher of 52nd Fincher of 54th Foster Gillis Greene

Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds

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

Those not answering were Senators:

Bond Brantley Brown of 47th Cobb

Coverdell English Evans Hudgins

Johnson Summers Sutton Thompson

Senator Broun of the 46th introduced the chaplain of the day, Dr. Beverly Jones, pastor of First United Methodist Church, Athens, Georgia, who offered Scripture reading and prayer.
SENATE RULES CALENDAR
Wednesday, February 6, 1980 TWENTY-FOURTH LEGISLATIVE DAY
SR 273. Alcoholic Beverage Tax for Educational Programs--General Assembly levy (BF&I - 32nd)
SR 285. High School Association Study Committee--create (AMENDMENT) (Ed-50th)
SB 85. Uninsured Motor Vehicle -- change definition (SUBSTITUTE) (BF&I -51st)
SB 416. Abandoned Motor Vehicle--removal from streets, roads, highways (SUBSTITUTE) (Trns - 27th)
SB 469. Homestead Ad Valorem Tax Deferrals for Elderly--authorize (SUBSTITUTE) (BF&I - 23rd)
SB 474. State Employees' Insurance--coverage for spouse of employee dying after retirement (Gov Op - 55th)
SB 482. Motor Vehicle Certificate of Title Act--provisions on payment of application fees (Trns - 25th)

WEDNESDAY, FEBRUARY 6, 1980

953

SB 483. Motor Vehicle Certificate of Title Act--payment of certain application, filing fees (SUBSTITUTE) (Trns - 25th)
SB 521. Pardons and Paroles Board--parole guidelines system (Off R-44th)
SR 237. Bills for Raising Revenue--may originate in either House (Rules 25th)
SR 261. Senate Study Committee on Battered Women--create (SUBSTITUTE) (Rules-33rd)
SR 281. Federal Motor Fuel Tax--urge Congress to allocate to highway departments (Trns - 48th)
HB 448. Board of Education--compensation and expenses (Ed - 44th)
HB 497. Merger of Trust into Domestic Corporation--deed creating trust not required to authorize merger (Judy - 26th)
HB 499. Land Surveyor Settling County Line Disputes - fixing appropriate fee (S Judy-34th)
HB 772. Business of Financing Insurance Premiums--limitations (BF&I - 12th)
HB 919. State Agencies--annually update mailing list (Gov Op-25th)
HB 1082. Residential Financial Authority--maximum amount of outstanding bonds (CA-G - 44th)
HB 1103. Fire Fighters--change qualifications (Gov Op - 25th)
HB 1142. Plant Food Act--redefine "registrant" (Ag - 10th)
HB 1190. Policemen, Firemen, Prison Guards--indemnification, permanently disabled (Gov. Op- llth)
HR 435. MARTOC--provisions on repeal of Resolution creating (CA-G 31st)
HR 459. Policemen, Firemen, Prison Guards, Permanently Disabled--indemnification (Gov. Op - 11th)
HR 506. Interagency Cooperation Among Libraries--urging (Ed - 38th)
SB 496. Person Adjudged Guilty of Certain Drug Crimes--bail on appeal (S Judy - 55th)
Respectfully submitted,
/s/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Kennedy of the 4th moved that the following bill of the House be withdrawn from the Senate Committee on Offender Rehabilitation and committed to the Senate Committee on Judiciary:
HB 1363. By Representatives Murray of the 116th, Snow of the 1st, Walker of the 115th and others:
A bill to amend an Act known as the "Statewide Probation Act", so as

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to change the provisions relating to suspension of sentences in aban donment or bastardy cases.

On the motion, the President ordered a roll call, 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 Bryant Carter Dean Eldridge Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester

Those not voting were Senators:

Bond Cobb Coverdell English Evans Hill

Hudgins Johnson Littlefield Overby Russell Starr

McGill Paulk Reynolds Riley Robinson Scott Stumbaugh Tate Turner Tysinger Walker Wessels
Stephens Summers Sutton Thompson Timmons

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1363 was withdrawn from the Senate Committee on Offender Rehabilitation and committed to the Senate Committee on Judiciary.

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

Mr. President:

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

HB 1596. By Representative Kemp of the 139th:
A bill to be entitled an Act to provide for the election of members of the board of education of Mclntosh County.

WEDNESDAY, FEBRUARY 6, 1980

955

The following general resolution of the Senate, having been read the third time on February 5 and postponed until February 6, was put upon its adoption:

SR 285. By Senators Foster of the 50th, Walker of the 19th, Timmons of the 11th and others:
A resolution creating the Georgia High School Association Study Commit tee.

Senator Fincher of the 52nd offered the following amendment:
Amend SR 285 by striking on Page 2, line 1, the word "and", and by adding on Page 2, line 2, after the word "designee" the following:
", and the President of the Georgia Association of Independent Schools or his or her designee".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Aiigood
Ba ll arcj Barker
Barnes g e ll Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster
Gillis Greene
Hil1 Holloway Horton Howard Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Bond

Brantley

Hudgins

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JOURNAL OF THE SENATE,
Littlefield Summers

On the adoption of the resolution, the yeas were 48, nays 0.

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

Senator Dean of the 31st moved that SR 285 be immediately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 285 was im mediately transmitted to the House.
Senator Gillis of the 20th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1544. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, so as to provide for a five-member board of commissioners in Laurens County, Georgia.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1544 was immediately transmitted to the House.

The following general bill of the Senate, favorably reported by the committee was read the third time and put upon its passage:
SB 85. By Senator Langford of the 51st: A bill to amend Code Section 56-407A, relating to unisured motor vehicle insurance coverage, so as to change the definition of "uninsured motor vehi cle".

The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 85:
A Bill
To be entitled an Act to amend Code Section 56-407A, relating to unin sured motor vehicle insurance coverage, so as to redefine the term "unin sured motor vehicle"; to include under insured motor vehicles within such term; to provide for editorial revision; to provide for application; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 6, 1980

957

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 56-407A, relating to uninsured motor vehicle insurance coverage, is hereby amended by striking in its entirety subsection (b) thereof and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) As used in this Section.
(A) 'Bodily injury' shall include death resulting from bodily injury.
(B) 'Property of the insured' as used in subsection (a) of this Section means the insured motor vehicle and includes the personal property own ed by the insured and contained in the insured motor vehicle.
(C) 'Insured' means the name insured and, while resident of the same household, the spouse of any such named insured, and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representatives of any of the above.
(D) 'Uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the reqular use of the named in sured, the spouse of any such named insured, and while residents of the same household, the relative of either, as to which there is:
(i) No bodily injury liability insurance and property damage liability insurance; or
(ii) Bodily injury liability insurance and property damage liability insurance with limits of coverage which are less than the limits of the uninsured motorist coverage provided under the insured's insurance policy, but such motor vehicle shall only be considered to be uninsured for the amount of the difference between the limits of the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverage pro vided under the insured's motor vehicle insurance policy; or
(iii) Bodily injury liability insurance and property damage liability insurance in existence but the insurance company writing the insurance has legally denied coverage under its policy; or
(iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured; provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured then the motor vehicle shall on ly be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; or
(v) No bond or deposit of cash or securities in lieu of such bodily in jury and property damage liability insurance.

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(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In such cases, recovery under the endorsement or provisions shall be subject to the conditions hereinafter set forth and, in order for the insured to recover under the en dorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, ac tual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured."
Section 2. The provisions of this Act-shall apply with respect to motor vehicle and automobile liability insurance policies issued or delivered in this State on or after July 1, 1979.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Seantor Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 85 offered by the Senate Committee on Banking, Finance and Insurance by adding a new Section 4 to read as follows:
"Section 4. The Georgia Motor Vehicle Reparations Act, 1974 Ga. Laws 113 is hereby repealed in its entirety."
and
By adding on Page 1, line 5, the following:
"to repeal the Georgia Motor Vehicle Reparations Act".

On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Langford Littlefield McGill Overby

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

WEDNESDAY, FEBRUARY 6, 1980

959

Those voting in the negative were Senators:

Brown of 47th Coverdell Holloway

Land Lester Paulk

Robinson Starr Sutton

Not voting were Senators Hudson and Johnson.

On the adoption of the amendment, the yeas were 44, nays 9, and the amendment offered by Senator Barnes of the 33rd to the committee substitute was adopted.

Seantor Langford of the 5 1 st offered the following amendment:
Amend the substitute to SB 85 offered by the Senate Committee on Banking, Finance and Insurance by striking on Page 4, line 17 the figures "1979" and inserting in lieu thereof the figures "1980".

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment offered by Senator Langford of the 5 1st to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard
Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge

English Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd

Land Langford
Lester Littlefield McGill Overby Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh

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Summers Sutton Tate

Thompson Timmons Turner

Tysinger Walker Wessels

Voting in the negative were Senators Brown of 47th and Paulk.

Not voting were Senators Hudson and Johnson.

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Barnes of the 33rd moved that SB 85 be immediately transmitted to the House.
On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 85 was im mediately transmitted to the House.
Senator Reynolds of the 48th introduced the doctor of the day, Dr. Garey Huff, of Winder, Georgia.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1595. By Representative Adams of the 79th: A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 416. By Senators Robinson of the 27th and Greene of the 26th:
A bill to provide for the removal of abandoned motor vehicles from public streets, roads, highways, and other public or private property; to define the term "abandoned motor vehicle"; to require persons who remove and store abandoned motor vehicles to seek the owners of such vehicles.

WEDNESDAY, FEBRUARY 6, 1980

961

The Senate Committee on Transportation offered the following substitute to SB 416:

A BILL
To be entitled an Act to provide for the removal of abandoned motor vehicles from public streets, roads, highways, and other public or private property; to provide for definitions; to provide for the duties of any person who removes or stores a motor vehicle; to provide for notice; to authorize the removal of certain vehicles; to limit certain liabilities; to provide for reasonable fees and for the creation of a lien; to provide for the foreclosure of a lien; to provide for notice of such foreclosure, to provide for the distribu tion of the proceeds from the foreclosure of such lien; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions. As used in this Act, the following terms shall have the following meanings, unless a contrary meaning is clearly indicated by the context thereof:
(1) "Abandoned motor vehicle" shall mean a motor vehicle or trailer:
(A) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 60 days after the time agreed upon; or within 60 days after such vehicle is turned over to such dealer, repair man, or wrecker service when no time is agreed upon; or within 60 days after the completion of necessary repairs.
(B) Which is left unattended on a public street, road or highway, or other public or private property for a period of at least ten days.
(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 60 days without anyone's having made claim thereto.
(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was aban doned and left there for a period of not less than 60 days without the owner's having made claim thereto.
(2) "Motor Vehicle" or "vehicle" shall mean motor vehicle or trailer.
(3) "Owner" shall mean the owner, lessor, lessee, and all lienholders as shown on the records of the Department of Revenue.
Section 2. Duty of person who removes or stores a motor vehicle, (a) Any person who removes a motor vehicle from public or private property at

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the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within three days, notify in writing the Department of Revenue and the Department of Public Safety of the serial number, license number, and location of such vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner of the location of such vehicle and of the fact that such vehicle shall be deemed abandoned if not redeemed within 60 days or that such vehicle is deemed abandoned because it was left unattend ed for ten days on a public street, road or highway, or other public or private property.
(c) If the identity of the owner of such motor vehicle cannot be ascer tained, the person removing or storing such vehicle shall place an advertise ment in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for four consecutive weeks or shall remain posted at the courthouse for four consecutive weeks. The advertisement shall contain a complete descrip tion of the motor vehicle, its license and serial number, the location of such vehicle, and the fact that said vehicle is deemed abandoned or shall be deem ed abandoned if not redeemed within 60 days.
Section 3. Peace officers authorized to remov - vehicles from public property; liability for gross negligence, (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway, or other public property for a period of at least ten days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety.
(b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway, or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety.
(c) Any peace officer who, under the provisions of this section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
Section 4. Fees and liens for removal or storage. Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees con nected with such removal or storage plus the cost of any advertisement. Prior to acquiring such lien, the person must have complied with the re quirements of Section 2 of this Act.
Section 5. Foreclosure of lien. All liens acquired under Section 4 of this Act shall be foreclosed as follows:
(a) Any person desiring to foreclose a lien on an abandoned motor vehi cle shall, by certified or registered mail, make a demand upon the owner for

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the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized state ment of all charges. No such vrlf'en demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsec tion (c) of Section 2 of this Act have been complied with.
(b) If, within ten days of delivery to the appropriate address of the writ ten demand required by subsection (a), the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Section 2 of this Act have been complied with, and such af fidavit shall also aver that a demand for payment has been made and refus ed or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto.
(c) Upon such affidavit's being filed, the clerk or the judge of the court shall serve notice upon the owner, lessor, lessee, and lienholders of the aban doned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that said hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(d) If a petition for a hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain posses sion of the motor vehicle by giving bond and security in the amount deter mined to be probably due and costs of the action.
(e) Within five days of the probable cause hearing, the party defendant must petition the court for a full hearing on the validity of the debt if a fur ther determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained.
(f) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle sub ject to said lien to satisfy said debt if said debt is not otherwise immediately paid.
(g) If the court finds the actions of the person asserting the lien in re taining possession of the motor vehicle were not taken in good faith, then the

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court, in its discretion, may award damages to the owner, agent, or lessee due to the deprivation of the use of the motor vehicle. Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from time the lien is recorded or is asserted by retention.
Section 6. Proceeds of sale. The clerk of the court shall retain the re maining balance of the proceeds of such sale, after satisfaction of liens and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested par ty, then he shall pay such remaining balance as follows:
(a) If the abandoned motor vehicle came into the possession of the per son creating the lien other than at the request if a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made.
(b) If the abandoned motor vehicle came into the possession of the per son creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality.
(c) If the abandoned motor vehicle came into the possession of the per son creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
(d) If the abandoned motor vehicle came into the possession of the per son creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
Section 7. Specific repealer. An Act entitled "An Act to define aban doned motor vehicles; to authorize peace officers to remove abandoned motor vehicles from public streets, roads, highways and other public proper ty; to provide a method for sale of abandoned motor vehicles; to provide for the distribution of the proceeds of the sale of abandoned motor vehicles; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.", approved March 23, 1972 (Ga. Laws 1972, p. 342), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 913) and by an Act approved March 4, 1977 (Ga. Laws 1977, p. 253), is hereby repealed in its entirety.
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.

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.

WEDNESDAY, FEBRUARY 6, 1980

965

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester Overby Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tatc Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway Hudgins Hudson

Johnson Langford Littlefield

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

McGill

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

SB 469. By Senators Lester of the 23rd, Gillis of the 20th, Riley of the 1st and others:
A bill to amend Code Title 91A known as the Georgia Public Revenue Code so as to authorize a program of homestead ad valorem tax deferrals lor the elderly; to provide a short title; to define certain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for defer red taxes and interest; to specify application procedures; to require certain notices.

The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 469:
A BILL
To be entitled an Act to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to authorize a program of homestead ad

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valorem tax deferrals for the elderly; to provide a short title; to define cer tain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for deferred taxes and interest; to specify application procedures; to require certain notices; to provide for when deferred taxes are due and payable; to authorize prepayments; to provide for construction; to specify penalties; to provide for other matters relative to the foregoing; to provide for severability; to provide for application; 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 91 A, known as the Georgia Public Revenue Code, is hereby amended by adding a new Chapter after Code Chapter 91A-23, to be designated Code Chapter 91A-24, to read as follows:
"CHAPTER 91 A-24. TAX DEFERRAL FOR THE ELDERLY
91A-2401. Short Title. This Chapter shall be known and may be cited as the Tax Deferral for the Elderly Act.'
91A-2402. Definitions. As used in this Chapter:
(a) 'Household' means a person or group of persons living together in a room or group of rooms as a housing unit.
(b) 'Income' means:
(1) The Georgia adjusted gross income, as determined pursuant to Code Chapter 91A-36, of all members of a household from wages and salaries.
(2) Self-employment net nonfarm and farm income.
(3) Income from public assistance, welfare, social security, or railroad retirement, except medicare reimbursements or separate payments for hospital or other medical care.
(4) Income from all other sources, except receipts from sale of per sonal property, lump-sum insurance, inheritance income, or income 'in kind.'
91A-2403. Homestead tax deferral for the elderly, conditions, (a) Any person aged 62 or older who is entitled to claim a homestead exemp tion pursuant to Code Section 91A-1110 may elect to defer payment of a portion of the ad valorem taxes levied on his homestead by filing an an nual application for tax deferral with the county tax collector or tax com missioner on or before April 1 of the year for which the deferral is sought. It shall be the burden of each applicant to demonstrate affirmatively his compliance with the requirements of this Chapter.
(b) Approval of an application for tax deferral shall defer that por tion of local ad valorem taxes otherwise due and payable on the appli cant's homestead which exceeds five percent of the applicant's household's income for the prior calendar year.

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967

91A-2404. Limitations upon grant of tax deferral. No tax deferral shall be granted pursuant to Section 91A-2403:
(a) If the total amount of deferred taxes and interest plus the total amount of all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead, or
(b) If the primary mortgage financing on the homestead is for an amount which exceeds 70 percent of the fair market value of the homestead.
91A-2405. Interest on amount of deferred taxes. The amount of taxes and interest deferred pursuant to this Chapter shall accrue at a rate of nine percent simple interest per year until paid.
91A-2406. Deferred taxes to constitute lien. The taxes and interest deferred pursuant to this Chapter shall constitute a prior lien and shall attach as of the date and in the same manner and be collected as other liens for taxes, as provided for under this Title, but such deferred taxes shall only be due, payable, and delinquent as provided in this Chapter.
91A-2407. Homestead tax deferral; application, (a) The application for deferral shall be made upon a form prescribed by the Department and furnished by the county tax collector or tax commissioner. The applica tion form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under which defer red taxes and interest become due, payable, and delinquent. Each ap plication shall clearly state that all deferrals pursuant to this Chapter shall constitute a lien on the applicant's homestead.
(b) (1) The tax collector or tax commissioner shall consider each an nual application for homestead tax deferral within 30 days of the day the application is filed or as soon as practicable thereafter. If the tax collec tor or tax commissioner finds that the applicant is entitled to the tax deferral, he shall approve the application and file the application in the permanent records. If the tax collector or tax commissioner finds the ap plicant is not entitled to the deferral, he shall send a notice of disapproval within 30 days of the filing of the application, giving his reasons therefor to the applicant, either by personal delivery or by registered mail to the mailing address given by the applicant, and shall make return in the manner in which such notice was served upon the applicant upon the original notice thereof and file among the permanent records of his of fice. The original notice of disapproval sent to the applicant shall advise the applicant of his right to appeal the decision of the tax collector or tax commissioner to the board of tax assessors and shall inform the applicant of the procedure for filing such an appeal.
(2) Appeals of the decision of the tax collector or tax commissioner to the board of tax assessors shall be in writing on a form prescribed by the Department and furnished by the tax collector or tax commissioner. Such appeal shall be filed with the board within 20 days after the appli cant's receipt of the notice of disapproval. The board shall review the ap plication and evidence presented to the tax collector or tax commissioner

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upon which the applicant based his claim for tax deferral and, at the election of the applicant, shall hear the applicant in person, or by agent on his behalf, on his right to homestead tax deferral. The board of tax assessors shall reverse the decision of the tax collector or tax commis sioner and grant homestead tax deferral ' > the applicant, if in its judg ment the applicant is entitled thereto, or affirm the decision of the tax collector or tax commissioner. Such action of the board of tax assessors shall be final unless the applicant, tax collector, tax commissioner, or other lienholder, within 15 days from the date of disapproval of the ap plication by the board, files an appeal with the county board of equaliza tion.
(c) Each application shall contain a list of, and the current value of, all outstanding liens on the applicant's homestead.
(d) If such proof has not been furnished with a prior application, each applicant shall furnish proof of fire and extended coverage in surance in an amount which is in excess of the sum of all outstanding liens and deferred taxes and interest with a loss payable clause to the county tax collector or tax commissioner.
(e) The tax collector or tax commissioner shall notify the board of tax assessors in writing of those parcels for which taxes have been defer red.
91A-2408. Annual notification to property owner. On or before November 1, of each year, the tax collector or tax commissioner shall notify each property owner to whom a tax deferral has been previously granted to the accumulated sum of deferred taxes and interest out standing.
91A-2409. Change in ownership or use of property, (a) In the event that there is a change in use of tax-deferred property such that the owner is no longer entitled to claim homestead exemption for such property pur suant to Section 91A-1110, or such person fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years shall be due and payable November 1 of the year in which the change in use occurs or on the date failure to maintain insurance occurs and shall be delinquent on April 1 of the year following the year in which the change in use or failure to maintain in surance occurs.
(b) In the event that there is a change in ownership of tax-deferred property, the total amount of deferred taxes and interest for all previous years shall be due and payable on the date the change in ownership takes place and shall be delinquent on April 1 following that date. When, however, the change in ownership is to a surviving spouse and such spouse is eligible to claim homestead exemption on such property pur suant to Section 91 A-1110, such surviving spouse may continue the deferment of previously deferred taxes and interest pursuant to the provi sions of this Chapter.
(c) During any year in which the total amount of deferred taxes, in terest, and all other unsatisfied liens on the homestead exceeds 85 percent

WEDNESDAY, FEBRUARY 6, 1980

969

of the fair market,value of the homestead, the tax collector or tax com missioner shall immediately notify the owner of the property on which taxes and interest have been deferred that the portion of taxes and interest which exceeds 85 percent of the value of the homestead shall be due and payable within 30 days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest to become delinquent.
(d) Each year, upon notification, each owner of property on which taxes and interest have been deferred shall submit to the tax collector or tax commissioner a list of, and the current value of, all outstanding liens on the owner's homestead. Failure to respond to this notification within 30 days shall cause the total amount of deferred taxes and interest to become payable within 30 days.
91A-2410. Prepayment of deferred taxes, (a) All or part of the defer red taxes and accrued interest may at any time be paid to the tax collec tor or tax commissioner by:
(1) The owner of the property or the spouse of the owner.
(2) The next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming a legal or equitable interest in the property, provided no objection is made by the owner within 30 days after the tax collector or tax commissioner notifies the owner of the fact that such payment has been tendered.
(b) Any partial payment made pursuant to this Section shall be ap plied first to accrued interest.
91A-2411. Distribution of payments. When any deferred taxes or in terest is collected, the tax collector or tax commissioner shall maintain a record of the payment, setting forth a description of the property and the amount of taxes or interest collected for such property. The tax collector or tax commissioner shall distribute payments received to the local tax ing jurisdictions to whom the taxes and interest are owed.
91 A-2412. Construction. Nothing in this Chapter shall be construed to prevent the collection of personal property taxes which become a lien against tax-deferred property, defer payment of special assessments to benefited property, or affect any provision of any mortgage, deed to secure debt, or other instrument relating to property requiring a person to pay ad valorem taxes.
91 A-2413. Penalties, (a) The following penalties shall be imposed on any person who willfully files information required under Sections 91A-2403 and 91A-2409 which is incorrect:
(1) Such person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due;
(2) Such person shall be disqualified from filing a homestead tax deferral application for the next three years; and

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(3) Such person shall pay a penalty of 25 percent of the total amount of taxes and interest deferred.
(b) Any person against whom the penalties prescribed in this Section have been imposed may appeal the penalties imposed to the county board of tax assessors within 30 days after the penalties are imposed.
91A-2414. Payment by holder of deed to secure debt. If any holder of a deed to secure debt or mortgagee shall elect to pay the taxes when an applicant qualifies for tax deferral, then such election shall not give the holder of the deed or mortgagee the right to forclose."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 January 1, 1981, and shall apply to all tax years beginning on or after January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Evans of the 37th moved that the substitute to SB 469 offered by Senators Greene of the 26th and Lester of the 23rd be printed.
On the motion of Senator Evans of the 37th, the yeas were 30, nays 0; the motion prevailed, and the substitute to SB 469 offered by Senators Greene of the 26th and Lester of the 23rd was ordered printed, and the passage of SB 469 was postponed sub ject to the printing.

SB 482. By Senator Kidd of the 25th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to change the provisions relating to the payment of certain application and filing fees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as fojlows:

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971

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Johnson Kidd Land Langford Lester McGill Overby Paulk

Reynolds Riley Russell Scott Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Ballard Bryant Coverdell

Evans Kennedy Starr

Those not voting were Senators:

Broun of 46th Holloway Hudgins

Hudson Littlefield Robinson

Wessels
Summers Thompson

On the passage of the bill, the yeas were 40, nays 7.

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

SB 483. By Senator Kidd of the 25th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to require the payment of certain application and filing fees.
The Senate Committee on Transportation offered the following substitute to SB
483:
A BILL
To be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, so as to require the payment of certain application and filing

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fees; to provide for other matters relative to the foregoing; 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. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, is hereby amended by adding between Sections 18 and 19 a new Section 18.1 to read as follows:
"Section 18.1. Special one-qay handling fees. For an application for any certificate of title with a request for one-day service and requiring special handling, there shall be an additional fee of $5.00."
Section 2. This Act shall become effective July 1, 1980.
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 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Howard Johnson Kennedy Kidd Land Langford Lester Overby Paulk

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

Those voting in the negative were Senators:

Coverdell

Horton

McGill

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973

Those not voting were Senators:

Hudgins Hudson

Littlefield Robinson

On the passage of the bill, the yeas were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 521. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to require the Board to adopt, implement and maintain a parole guidelines system tor determining parole action.

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

On the 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 Brantlev Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Johnson Kennedy Kidd Land Lester Littlefield Overby Paulk Reynolds

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

Those voting in the negative were Senators:

Evans

Greene

Langford

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Those not voting were Senators:

Holloway (presiding) Hudgins

Hudson McGill

On the passage of the bill, the yeas were 47, nays 3.

Robinson

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

SR 237. By Senators Kidd of the 25th, Russell of the 10th, Littlefield of the 6th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that bills for raising revenue or appropriating money may originate in either House of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VII of the Constitution is hereby amended by striking Paragraph VIII in its entirety and inserting in lieu thereof a new Paragraph VIII to read as follows:
"Paragraph VIII. Bills For Revenue. Bills for raising revenue, or ap propriating money, may originate in either House 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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that bills for raising revenue or appropriating money may originate in
( ) NO either House of the General Assembly?"
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 Constitu tion, it shall become a part of the Constitution of this State.

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

WEDNESDAY, FEBRUARY 6, 1980

975

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 Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Bond Coverdell

Holloway (presiding) Hudgins '

Hudson Robinson

On the adoption of the resolution, the yeas were 49, nays 0.

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

The President resumed the Chair.
The following bill of the Senate, having been postponed previously today in order that a substitute might be printed, was put upon its passage:
SB 469. By Senators Lester of the 23rd, Gillis of the 20th, Riley of the 1st and others: A bill to amend Code Title 91A known as the Georgia Public Revenue Code so as to authorize a program of homestead ad valorem tax deferrals for the elderly; to provide a short title; to define certain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for defer red taxes and interest; to specify application procedures; to require certain notices.

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Senators Greene of the 26th and Lester of the 23rd offered the following substitute to SB 469:
A BILL
To be entitled an Act to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to authorize a program of homestead ad valorem tax deferrals for the elderly; to provide a short title; to define cer tain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for deferred taxes and interest; to specify application procedures; to require certain notices; to provide for when deferred taxes are due and payable; to authorize prepayments; to prohibit certain contract clauses; to provide for construction; to specify penalties; to provide for other matters relative to the foregoing; to provide for severability; to provide for application; 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 91 A, known as the Georgia Public Revenue Code, is hereby amended by adding a new Chapter after Code Chapter 91A-23, to be designated Code Chapter 91A-24, to read as follows:
"CHAPTER 91A-24. TAX DEFERRAL FOR THE ELDERLY
91A-2401. Short title. This Chapter shall be known and may be cited as the 'Tax Deferral for the Elderly Act.'
91A-2402. Definitions. As used in this Chapter, 'household' means a person or group of persons living together in a room or group of rooms as a housing unit.
91A-2403. Homestead tax deferral for the elderly; conditions. Any person aged 62 or older who is entitled to claim a homestead exemption pursuant to Code Section 91A-1110 may elect to defer payment of a por tion of the ad valorem taxes levied on his homestead by filing an annual application for tax deferral with the county tax collector or tax commis sioner on or before April 1 of the year for which the deferral is sought. It shall be the burden of each applicant to demonstrate affirmatively his compliance with the requirements of this Chapter.
91A-2404. Limitations upon grant of tax deferral. No tax deferral shall be granted pursuant to Section 91A-2403:
(a) If the total amount of deferred taxes and interest plus the total amount of all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead, or
(b) With respect to taxes levied to retire bonded indebtedness or for special assessments.
(c) If the property for which the deferral is claimed is subject to any lien, the terms of which are dictated by federal law, rule, or regulation prohibiting deferral of taxes.

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91A-2405. Interest on amount of deferred taxes. The amount of taxes and interest deferred pursuant to this Chapter shall accrue at a rate of nine percent simple interest per year until paid.
91A-2406. Deferred taxes to constitute lien. The taxes and interest deferred pursuant to this Chapter shall constitute a prior lien and shall attach as of the date and in the same manner and be collected as other liens for taxes, as provided for under this Title, but such deferred taxes shall only be due, payable, and delinquent as provided in this Chapter.
91A-2407. Homestead tax deferral; application, (a) The application for deferral shall be made upon a form prescribed by the Department and furnished by the county tax collector or tax commissioner. The applica tion form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under which defer red taxes and interest become due, payable, and delinquent. Each ap plication shall clearly state that all deferrals pursuant to this Chapter shall constitute a lien on the applicant's homestead.
(b) (1) The tax collector or tax commissioner shall consider each an nual application for homestead tax deferral within 30 days of the day the application is filed or as soon as practicable thereafter. If the tax collec tor or tax commissioner finds that the applicant is entitled to the tax deferral, he shall approve the application and file the application in the permanent records. If the tax collector or tax commissioner finds the ap plicant is not entitled to the deferral, he shall send a notice of disapproval within 30 days of the filing of the application, giving his reasons therefor to the applicant, either by personal delivery or by registered mail to the mailing address given by the applicant, and shall make return in the manner in which such notice was served upon the applicant upon the original notice thereof and file among the permanent records of his of fice. The original notice of disapproval sent to the applicant shall advise the applicant of his right to appeal the decision of the tax collector or tax commissioner to the board of tax assessors and shall inform the applicant of the procedure for filing such an appeal.
(2) Appeals of the decision of the tax collector or tax commissioner to the board of tax assessors shall be in writing on a form prescribed by the Department and furnished by the tax collector or tax commissioner. Such appeal shall be filed with the board within 20 days after the appli cant's receipt of the notice of disapproval. The board shall review the ap plication and evidence presented to the tax collector or tax commissioner upon which the applicant based his claim for tax deferral and, at the election of the applicant, shall hear the applicant in person, or by agent on his behalf, on his right to homestead tax deferral. The board of tax assessors shall reverse the decision of the tax collector or tax commis sioner and grant homestead tax deferral to the applicant, if in its judg ment the applicant is entitled thereto, or affirm the decision of the tax collector or tax commissioner. Such action of the board of tax assessors shall be final unless the applicant, tax collector, tax commissioner, or other lienholder, within 15 days from the date of disapproval of the ap plication by the board, files an appeal with the county board of equaliza tion.

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(c) Each application shall contain a list of, and the current value of, all outstanding liens on the applicant's homestead.
(d) If such proof has not been furnished with a prior application, each applicant shall furnish proof of fire and extended coverage in surance in an amount which is in excess of the sum of all outstanding liens and deferred taxes and interest with a loss payable clause to the county tax collector or tax commissioner.
(e) The tax collector or tax commissioner shall notify the board of tax assessors in writing of those parcels for which taxes have been defer red.
91A-2408. Annual notification to property owner. On or before November 1 of each year, the tax collector or tax commissioner shall notify each property owner to whom a tax deferral has been previously granted of the accumulated sum of deferred taxes and interest outstan ding.
91A-2409. Change in ownership or use of property, (a) In the event that there is a change in use of tax-deferred property such that the owner is no longer entitled to claim homestead exemption for such property pur suant to Section 91A-1110, or such person fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years shall be due and payable November 1 of the year in which the change in use occurs or on the date failure in maintain insurance occurs and shall be delinquent on April 1 of the year following the year in which the change in use or failure to maintain in surance occurs.
(b) In the event that there is a change in ownership of tax-deferred property, the total amount of deferred taxes and interest for all previous years shall be due and payable on the date the change in ownership takes place and shall be delinquent on April 1 following that date. When, however, the change in ownership is to a surviving spouse and such spouse is eligible to claim homestead exemption on such property pur suant to Section 91A-1110, such surviving spouse may continue the deferment of previously deferred taxes and interest pursuant to the provi sions of this Chapter.
(c) During any year in which the total amount of deferred taxes, in terest, and all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead, the tax collector or tax com missioner shall immediately notify the owner of the property on which taxes and interest have been deferred that the portion of taxes and interest which exceeds 85 percent of the value of the homestead shall be due and payable within 30 days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest to become delinquent.
(d) Each year, upon notification, each owner of property on which taxes and interest have been deferred shall submit to the tax collector or tax commissioner a list of, and the current value of, all outstanding liens on the owner's homestead. Failure to respond to this notification within

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979

30 days shall cause the total amount of deferred taxes and interest to become payable within 30 days.
91A-2410. Prepayment of deferred taxes, (a) All or part of the defer red taxes and accrued interest may at any time be paid to the tax collec tor or tax commissioner by:
(1) The owner of the property or the spouse of the owner.
(2) The next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming a legal or equitable interest in the property, provided no objection is made by the owner within 30 days after the tax collector or tax commissioner notifies the owner of the fact that such payment has been tendered.
(b) Any partial payment made pursuant to this Section shall be ap plied first to accrued interest.
91A-2411. Distribution of payments. When any deferred taxes or in terest is collected, the tax collector or tax commissioner shall maintain a record of the payment, setting forth a description of the property and the amount of taxes or interest collected for such property. The tax collector or tax commissioner shall distribute payments received to the local tax ing jurisdictions to whom the taxes and interest are owed.
91 A-2412. Prohibition on clauses preventing application for deferral; clauses void. Except as provided in Code Section 91A-1303a(d), on and after January 1, 1981, it shall be unlawful for any mortgage, deed to secure debt, or other agreement to contain a clause or statement which prohibits the owner from claiming a real property tax deferral on his homestead. Any such clause or statement executed on and after January 1, 1981, is void.
91 A-2413. Construction. Nothing in this Chapter shall be construed to prevent the collection of personal property taxes which become a lien against tax-deferred property or defer payment of special assessments to benefited property.
91 A-2414. Penalties, (a) The following penalties shall be imposed on any person who willfully files information required under Sections 91A-2403 and 91A-2409 which is incorrect:
(1) Such person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due;
(2) Such person shall be disqualified from filing a homestead tax deferral application for the next three years; and
(3) Such person shall pay a penalty of 25 percent of the total amount of taxes and interest deferred.
(b) Any person against whom the penalties prescribed in this Section have been imposed may appeal the penalties imposed to the county board of tax assessors within 30 days after the penalties are imposed.

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91A-2415. Payment of holder of deed to secure debt. If any holder of a deed to secure debt or mortgage shall elect to pay the taxes when an applicant qualifies for tax deferral, then such election shall not give the holder of the deed or mortgagee the right to foreclose."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 January 1, 1981, and shall apply to all tax years beginning on or after January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Evans of the 37th offered the following amendment:

Amend the substitute to SB 469 offered by Senators Greene of the 26th and Lester of the 23rd by deleting on Page 7, line 24 the word "willfully".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment offered by Senator Evans of the 37th was adopted.

On the adoption of the substitute offered by the Committee on Banking, Finance and Insurance, the yeas were 4, nays 36, and the committee substitute was lost.

On the adoption of the substitute to SB 469 offered by Senators Greene of the 26th and Lester of the 23rd, the yeas were 41, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

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981

Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill

Holloway Horton Howard Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk Reynolds Riley

Voting in the negative was Senator Land.

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

Not voting were Senators Hudgins and Hudson.

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Greene of the 26th moved that SB 469 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 469 was im mediately transmitted to the House.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 261. By Senator Barnes of the 33rd: A resolution creating a Senate Study Committee on Battered Women.
The Senate Committee on Rules offered the following substitute to SR 261:
A RESOLUTION Creating a Senate Study Committee on Domestic Violence; and for other purposes.

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WHEREAS, in recent years the problems involved with domestic violence have begun to receive their rightful attention by national and state lawmakers; and
WHEREAS, the law of each state should be written so as to afford ade quate protection from this horrible abuse to women of all ages; and
WHEREAS, no recent study has been made by this Senate in the depth necessary for an understanding of the true magnitude of this problem, nor has any careful review of Georgia's law concerning domestic violence been undertaken; and
WHEREAS, it is only fitting and proper that a special study committee be created to accomplish this important task.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created a Senate Study Committee on Domestic Violence to be composed of five members of the Senate to be appointed by the President of the Senate, one of whom shall be designated as chairman. The committee is authorized to conduct a study of the problems of domestic violence, the sufficiency of Georgia laws related to domestic violence, and all other matters related thereto. The committee is authorized to seek the advice and counsel of per sons knowledgeable in matters concerning its charge and other persons, groups, and organizations which the committee feels will assist it in its endeavors. The committee may appoint an advisory committee of not more than three citizens knowledgeable about and interested in its work. The legislature members of the committee and members of the advisory commit tee shall receive the allowances provided by law for legislative members of interim legislative committees but shall receive such allowances for no more than ten days. The committee shall meet upon the call of the chairman, and it is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The com mittee shall issue a report of its findings on or before December 15, 1980, at which time the committee shall stand abolished.

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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes

Bell Bond Brantley Broun of 46th

Brown of 47th Bryant Carter Cobb

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983

Coverdell Dean Eldridge English Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Howard

Hudgins Johnson Kennedy Kidd Land
Lester Littlef ield McGill Overby Paulk Reynolds Riley Russell

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

Those not voting were Senators:

Horton Hudson

Langford Robinson

Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following bills of the House were read the first time and referred to commit tees:
HB 1595. By Representative Adams of the 79th:
A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements. Referred to Committee on Community Affairs.

HB 1596. By Representative Kemp of the 139th:
A bill to provide for the election of members of the Board of Education of Mclntosh County. Referred to Committee on Community Affairs.

The President announced 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.

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

SR 281. By Senators Reynolds of the 48th, Brown of the 47th and Ballard of the 45th:
A resolution urging the United States Congress to allocate to each of the state highway departments for maintenance of state and local roads any in crease of the federal motor fuels tax if such increase is deemed necessary by Congress.

The report of the committee, which was favorable to the adoption of the resolu tion, 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:

Barker Brown of 47th Carter Dean Eldridge Evans Fincher of 54th Foster Gillis

Howard Hudson Kennedy Kidd Lester McGill Overby Paulk Reynolds

Robinson Russell Scott Starr Stephens Summers Sutton Thompson Turner

Those not voting were Senators:

Allgood Ballard Barnes Bell Bond Brantley Broun of 46th Bryant Cobb Coverdell

English Fincher of 52nd Greene Hill Holloway Horton Hudgins Johnson Land Langford

Littlefield Riley Stumbaugh Tate Timmons Tysinger Walker Wessels

On the adoption of the resolution, the yeas were 27, nays 0.
No quorum of the Senate having voted, another roll call was taken, and the vote was as follows:

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985

Those voting in the affirmative were Senators:

Ballard Barker Bond Brantley Brown of 47th Carter Dean Eldridge English Evans Fincher of 52nd Foster Gillis

Hill Holloway Howard Hudson Kennedy Kidd Land Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Turner Walker

Those not voting were Senators:

Allgood Barnes Bell Broun of 46th Bryant Cobb

Coverdell Fincher of 54th Greene Horton Hudgins Johnson

Langford Littlefield Stumbaugh Timmons Tysinger Wessels

On the adoption of the resolution, the yeas were 37, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HB 448. By Representatives Felton of the 22nd, Ross of the 76th, Phillips of the 120th and others: A bill to amend an Act providing that the State Board of Education or a committee thereof may hold meetings anywhere within or without the State so as to change the provisions relative to the compensation and expenses of the members of said Board of Education. 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:

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Those voting in the affirmative were Senators:

Ballard Barker Brantley Brown of 47th Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Hudson Kennedy Lester McGill Overby Paulk ' Reynolds

Those voting in the negative were Senators:

Howard Kidd

Land Robinson

Riley Russell Scott Tate Thompson Timmons Turner Walker
Stephens Sutton

Those not voting were Senators:

Allgood Barnes Bell Bond Broun of 46th Bryant Coverdell

Fincher of 54th Greene Hill Holloway (presiding) Horton Hudgins Johnson

Langford Littlefield Starr Stumbaugh Summers Tysinger Wessels

On the passage of the bill, the yeas were 28, nays 6.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Starr of the 44th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 448.

HB 919. By Representatives Tolbert, Johnston and Mangum of the 56th, and Carnes of the 43rd:
A bill to require each State agency to annually update its mailing lists; to define a certain term; to prohibit a State agency from mailing publications or materials to previously elected State officers who are no longer in office except upon written request.
Senate Sponsor: Senator Kidd of the 25th.

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

WEDNESDAY, FEBRUARY 6, 1980

987

On the 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 Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Foster

Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Barnes Bell Broun of 46th Bryant

Fincher of 54th Holloway (presiding) Horton Johnson

Langford Tysinger Wessels

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1082. By Representatives Lambert of the 112th and Hatcher of the 131st: A bill to amend an Act known as the "Georgia Residential Financial Authority Act", so as to change the maximum amount of bonds and notes which the Authority may have outstanding at any one time. 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Brantley Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Land Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Barnes Bell Broun of 46th Bryant Fincher of 54th

Holloway (presiding) Horton Hudgins Johnson Langford

Littlefield Tysinger Wessels

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1103. By Representative McDonald of the 12th: A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifica tions for fire fighters. Senate Sponsor: Senator Kidd of the 25th.
Senator Sutton of the 9th offered the following amendment:
Amend HB 1103 by adding on Page 1, line 4, after the word "fighters" the following:
"to exempt volunteer fire fighters from the provisions of this Act; 1 and

WEDNESDAY, FEBRUARY 6, 1980

989

by renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall not apply to volunteer fire fighters."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Land Lester McGill Overby Paulk Reynolds Riley

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

Those not voting were Senators:

Barnes Fincher of 54th Holloway (presiding)

Horton Hudgins Johnson

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

Langford Littlefield

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

HB 1142. By Representatives Moore of the 152nd, Branch of the 137th, Crawford of the 5th and others:
A bill to amend an Act known as the "Georgia Plant Food Act of 1970", so

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as to redefine the term "registrant"; to change the provisions relating to registration of companies guaranteeing commercial fertilizer.
Senate Sponsor: Senator Russell of the 10th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell Dean Eldridge English

Evans Fincher of 54th Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester
McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Barnes Fincher of 52nd Foster Holloway (presiding)

Howard Hudgins Johnson Langford

Littlefield Timmons

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1190. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 118th and others: A bill to amend 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, so as to provide for indem nification with respect to the permanent disability of certain law enforce ment officers, firemen and prison guards who are permanently disabled in

WEDNESDAY, FEBRUARY 6, 1980

991

the line of duty on or after Jan. 1, 1979. Senate Sponsor: Senator Timmons of the 11 th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

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

Those not voting were Senators:

Ballard Barnes Fincher of 54th Holloway (presiding)

Hudgins Johnson Land Littlefield

Russell

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

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

HR 435. By Representatives Greer of the 43rd, Adams of the 36th and Murphy of the 18th:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the Resolution.
Senate Sponsor: Senator Dean of the 31st

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators

Barnes Coverdell

Holloway Johnson

Littlefield Walker

On the adoption of the resolution, the yeas were 49, nays 0.

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

HR 459. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 118th and others:
Senate Sponsor: Senator Timmons of the 11 th.

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the pay ment of an indemnification to certain law enforcement officers, firemen, and prison guards permanently disabled in the line of duty; to provide for submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 6, 1980

993

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by striking subparagraph 7. thereof in its entirety and substituting in lieu thereof a new subparagraph 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 or permanent disability as defined by law, 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 or permanently disabled in the line of duty subsequent to January 1, 1979. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death or permanent disability 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 pro vide for insurance, to provide for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such in demnification 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.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the State to provide an indemnification of up to $50,000 for law
( ) NO enforcement officers, firemen, and prison guards permanently disabled 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 ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitu tion, it shall become a part of the Constitution of this State.
Senator Timmons of the 11th offered the following amendment:
Amend HR 459 by adding in Section 1 on line 24 of Page 1, immediate ly preceding the words "The General", the following sentence:
"Upon indemnification being paid with respect to the permanent disability of a law enforcement officer, fireman, or prison guard, no fur ther indemnification under the provisions of this subparagraph shall be paid upon the death of such person."

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On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Langford Lester McGill Overby Paulk Riley

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

Those not voting were Senators:

Barnes Holloway (presiding)

Hudgins Johnson

Littlefield Reynolds

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, w-aas adopted as amended.

The following bill of the Senate was taken up for the purpose of con sidering the House action thereon:

SB 108. By Senator Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to authorize prior service credit for certain noneducational public employee service.

WEDNESDAY, FEBRUARY 6, 1980

995

The House amendments were as follows: Amendment No. 1:

Amend SB 108 as follows:
By striking the figure "2" where the same appears at the end of line 26 on Page 1 and inserting in lieu thereof the figure "3".
By striking the figure "2" where the same appears in line 15 on Page 2 and inserting in lieu thereof the figure "3".

Amendment No. 2:
Amend SB 108
by striking the quotation mark appearing after the figure "40" in line 20 on Page 2 and inserting in lieu thereof the following:
"In computing average compensation as provided herein, increases or decreases in compensation during any two consecutive years which ex ceed five percent shall not be included, and only two such increases or decreases of five percent or less may be included during any two con secutive years."

Amendment No. 3: Amend SB 108 as follows:

By inserting in line 3 on Page 1 between the word "by" and the word "an" the following:
"an Act approved March 29, 1971 (Ga. Laws 1971, p. 226), an Act approved April 17, 1975 (Ga. Laws 1975, p. 495),".
By inserting in line 7 on Page 1 immediately preceding the phrase "to repeal conflicting laws;" the following:
"to change the provisions relative to the composition of the Board of Trustees; to provide effective dates;".
By redesignating Sections 2 and 3 as Sections 6 and 7, respectively, and by adding new Sections 2 through 5 to read as follows:
"Section 2. Said Act is further amended by striking from the begin ning of subsection (2) of Section 6 the following:
The Board of Trustees shall consist of ten trustees as follows:',
and inserting in lieu thereof the following:

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'The Board of Trustees shall consist of eleven trustees as follows:'.
Section 3. Said Act is further amended by striking paragraph (d) of subsection (2) of Section 6 in its entirety and substituting in lieu thereof a new paragraph (d) to read as follows:
'(d) One member, a school administrator or a school principal and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Association of Educational Leaders in accordance with such rules as the Board of Trustees shall adopt to govern such election.
Section 4. Said Act is further amended by striking the word, 'tenth' and the word, 'eight' where the same appear in paragraph (h) of subsec tion (2) of Section 6 and inserting in lieu thereof the word, 'eleventh' and the word, 'tenth', respectively, and by redesignating said paragraph (h) as paragraph (i) and by adding a new paragraph (h) immediately preceding said redesignated paragraph (h) to read as follows:
'(h) One member shall be a superintendent of schools of a county or in dependent school system elected by the Georgia Association of School Superintendents in the manner to be provided by rules and regulations of the Board of Trustees to govern such election. The first such member shall be elected to take office on July 1, 1979, for a term of three years. Successors to such member shall also serve for terms of three years.'/
Section 5. Except for Section 3, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 of this Act shall first become effective for election of successors to the two incumbent members of the Board of Trustees of the Teachers' Retirement System who are affected by said Section upon the expiration of the respective terms of office of such two incumbent members."

Senator Tate ot the 38th moved that the Senate disagree to the House amendments to SB 108.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 108.
The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:
HR 506. By Representatives Galer of the 97th, Clark of the 13th and Felton of the 22nd: A resolution urging each agency of this state that has libraries to work towards the goal of interagency cooperation among their libraries. Senate Sponsor: Senator Tate of the 38th.

WEDNESDAY, FEBRUARY 6, 1980

997

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Ty singer Walker Wessels

Those not voting were Senators:

Barnes Holloway (presiding)

Hudgins Johnson

Langford Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

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

The following general bill of the Senate, having been read the third time and pass ed on February 5, and reconsidered previously today, was put upon its passage:

SB 496. By Senators Stumbaugh of the 55th, Johnson of the 34th, Kidd of the 25th and others:
A bill to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, as amended, so as to prohibit the granting of bail on appeal to a person adjudged guilty of certain drug crimes; to provide for declaration of purpose.

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

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Ballard Bell Brantley Carter Coverdell Dean Eldridge Fincher of 54th

Foster Hill Hudson Kidd Paulk Robinson Russell Scott

Stephens Stumbaugh Summers Sutton Thompson Timmons Turner

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Broun of 46th Brown of 47th Bryant Cobb English

Evans Fincher of 52nd Gillis Greene Horton Howard Kennedy Langford Lester

Littlefield McGill Overby Reynolds Riley Tate Tysinger Walker Wessels

Those not voting were Senators:

Holloway (presiding) Hudgins

Johnson Land

Starr

On the passage of the bill, the yeas were 23, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Thompson of the 32nd moved that the following resolution of the Senate be postponed until February 7:
SR 273. By Senators Thompson of the 32nd, Lester of the 23rd, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the levy and collection of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages and to provide by law for the use of all or any part of the proceeds of such tax for educational programs; to provide for the submission of this amend ment for ratification or rejection.

WEDNESDAY, FEBRUARY 6, 1980

999

On the motion, the yeas were 42, nays 0; the motion prevailed, and SR 273 was postponed until February 7.

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

SB 474. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act providing for a health insurance plan for state employees, as amended, so as to provide for the continuance, disconti nuance, or resumption of health insurance coverage for the spouse of an employee who dies after retirement.

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

State Merit System of Personnel Administration 244 Washington Street, S.W. Atlanta, Georgia 30334

January 29, 1980

MEMORANDUM

TO:

Mr. Charles E. Storm, Commissioner

FROM:

Bobbie Jean Bennett, Assistant Deputy Commissioner

SUBJECT: Fiscal Note-Senate Bill 474

Senate Bill 474, as written, does not specify the rates that the surviving spouse would be required to pay. The State Personnel Board is being em powered to establish rates to include the employee and employer or only the employee rates.

The Employee's Retirement System has informed us that there are cur rently 1,062 retirees who could be eligible under the provisions of the bill. The cost to the State under two assumptions is shown below:

Assumption 1: The surviving spouse would pay the employee and employer rate. The current established rate is $415 annually for single and $ 1,060 annually for family coverages.

In order to take direct payments, the State Merit System would have to employ one additional person. The cost, therefore, under this assumption is projected at $ 14,000 annually.

Assumption 2: The surviving spouse would pay only the employee rate ($87.12 for single and $270.00 for family). The ultimate cost to cover ap proximately 1,000 surviving spouses is projected at $572,940.

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Senator Broun of the 46th offered the following amendment:

Amend SB 474 by renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall not apply unless the par ties have been married at least one full yea r."

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

Senator Hudson of the 35th offered the following amendment:

Amend SB 474 by inserting at the beginning of line 19 on Page 1 im mediately preceding the word "premiums" the word "employee".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Horton Howard Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk Reynolds

Those not voting were Senators:

Brown of 47th

English

Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Hill

WEDNESDAY, FEBRUARY 6, 1980

1001

Holloway (presiding) Hudgins

Johnson Land

Stumbaugh

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

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

The President resumed the Chair.

Senator Riley of the 1st moved that the Senate resolve itself into the Committee of the Whole Senate to receive pertinent information regarding HB 1268 (Appropriations for fiscal year 7/1/80--6/30/81).

On the motion, the yeas were 38, nay 0; the motion prevailed.

At 3:45 o'clock P.M., the Senate resolved itself into the Committee of the Whole Senate to receive pertinent information regarding HB 1268 (Appropriations for fiscal year 7/1/80-6/30/81).

The President appointed Senator Broun of the 46th Chairman of the Committee of the Whole Senate.

The Committee of the Whole Senate was dissolved at 4:30 o'clock, P.M., and the Senate reconvened.

Senator Broun of the 46th, Chairman of the Committee of the Whole Senate, reported to the Senate that the Committee of the Whole had met and received pertinent information regarding HB 1268 (Appropriations for fiscal year 7/1/80--6/30/81), which will be of great value when the bill is taken up in the future.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 497. By Representative Games of the 43rd: A bill to amend Code Section 108-610, relating to the merger of a trust into a domestic corporation, so as to remove the requirement that the deed creating the trust expressly authorize the merger.
Senate Sponsor: Senator Greene of the 26th.

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

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th
Bryant Carter Cobb Coverdell Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins
Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Riley Robinson Scott Starr Stephens
Summers Sutton Tate Thompson Turner Tysinger

Those not voting were Senators:

Brown of 47th Dean Evans

Reynolds Russell Stumbaugh

Timmons 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 499. By Representative Lane of the 40th: A bill to amend Code Section 23-407, relating to the compensation of the land surveyor appointed to settle county line disputes between counties, so as to provide for an advisory committee to assist the Surveyor General in fix ing and negotiating an appropriate fee for the services of the land surveyor. Senate Sponsor: Senator Johnson of the-34th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 6, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester

McGill Overby Paulk Riley Scott Starr Stephens Summers Sutton Tate Thompson Turner Tysinger

Those not voting were Senators:

Brown of 47th Dean Evans Langford

Littlef ield Reynolds Robinson Russell

Stumbaugh Timmons Walker Wessels

1003

On the passage of the bill, the yeas were 43, nays 0.

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

HB 772. By Representative Ware of the 68th:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act" so as to specify certain limitations on engaging in the business of financing insurance premiums in this State.
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 Barker Barnes

Bell Bond Brantley

Broun of 46th Bryant Carter

1004
Cobb Coverdell Eldridge English Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton

JOURNAL OF THE SENATE,
Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester McGill Overby Paulk
Riley

Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Brown of 47th Dean Evans Langford

Littlefield Reynolds Russell Stumbaugh

Walker Wessels

On the passage of the bill, the yeas were 44, nays 1.

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

The following resolutions of the Senate, favorably reported by the committees, were read and put upon their adoption:
SR 316. By Senator Eldridge of the 7th:
A RESOLUTION
Amending the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that Senate Rule 93 is hereby amended by adding a new paragraph at the end of the Rule to read as follows:
"Any bill or resolution postponed to a day certain shall take its place at the bottom of the Calendar under which the Senate is operating on the day to which it was postponed; except after the nineteenth day of any regular session, a bill or resolution postponed for the third time shall be placed on the General Calendar for the day to which it was postponed."

WEDNESDAY, FEBRUARY 6, 1980

1005

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 Brvant Carter Cobb Coverdell Dean Eldridge English

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Evans Johnson Langford

Littlefield Russell Stumbaugh

Walker

On the adoption of the resolution, the yeas were 47, nays 1. The resolution, having received the requisite majority, was adopted.

SR 297. By Senator Eldridge of the 7th:
A RESOLUTION
Amending SR 3 of the 1979 session relative to officials, employees and committees of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that SR 3 of the 1979 Session relative to officials, employees and committees of the Senate is hereby amended by striking on Page 4, line 21 the words "Five porters" and insert ing in lieu thereof the words "Seven porters";

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JOURNAL OF THE SENATE,
and by striking on Page 7, line 20 the words "one porter" and inserting in lieu thereof the words "two porters";
and by striking on Page 11, lines 22 through 27 in their entirety and insert ing in lieu thereof the following:
"1. One Public Information Officer, at an amount not to exceed $21,400.00 per annum.
2. One Assistant Public Information Officer, at an amount not to ex ceed $13,900.00.
3. One Photographer, at an amount not to exceed $ 14,900.00."

The Senate Committee on Rules offered the following amendment:

Amend SR 297 by striking from line 16 of Page 1, the following: "$13,900.00",
and substituting in lieu thereof the following: "$15,200.00".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell

Dean Eldridge Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson

Kennedy Kidd Land Lester McGill Overby Paulk Reynolds Riley Robinson Scott Starr Stephens

Summers Sutton Tate

WEDNESDAY, FEBRUARY 6, 1980

1007

Thompson Timmons Turner

Tysinger Wessels

Those not voting were Senators:

English Holloway Johnson

Langford Littletield Russell

Stumbaugh Walker

On the adoption of the resolution, the yeas were 47, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:50 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia
Thursday, February 7, 1980
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by Senator Holloway of the 12th, President Pro Tempore.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to 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 277. By Representatives Buck of the 95th and Thompson of the 93rd: A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.
The Speaker has appointed on the part of the House, Representatives Thompson of the 93rd, Buck of the 95th and Cason of the 96th.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1201. By Representatives Colbert of the 23rd, Felton of the 22nd, Auten of the 154th and others: A bill to provide that public low-rent housing projects shall not be developed, constructed, or acquired within a municipality or within the unincorporated area of a county unless a majority of the voters in the area affected thereby vote in favor of such low-rent housing project in an election held for such purposes.

THURSDAY, FEBRUARY 7, 1980

1009

HB 1339. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to change the penalty provisions; to provide for rectification of certain viola tions; to provide for limitations of certain remedies concerning contracts ex ecuted prior to a certain date.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 247. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an instrumentali ty of the State of Georgia to be known as the Gwinnett Judicial Building Authority; to provide for the submission of this amendment for ratification or rejection.

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

HR 572. By Representatives Vandiford of the 53rd, Cheeks of the 89th, Smith of the 152nd and others:
A resolution expressing opposition to any decision to consider the registra tion of women in preparation for a possible future draft.

HR 587. By Representative Kemp of the 139th:
A resolution proposing an amendment to the Constitution so as to change the composition of the Liberty County Industrial Authority.

HR 582. By Representative Branch of the 137th: A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by certain residents of Ben Hill County.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 432. By Representative Triplett of the 128th: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" to require that year-round programs for students with special educational needs shall be provided after a certain date.

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JOURNAL OF THE SENATE,

HB 1107. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.

HB 1108. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.

HB 1355. By Representatives Fuller of the 16th, Swann of the 90th, Oldham of the 14th and others:
A bill to amend Code Section 26-1902, relating to armed robbery, so as to change the basic minimum sentence; to change the minimum sentence for second and subsequent offenses and for offenses resulting in serious bodily injury.

HB 1471. By Representative Castleberry of the 111 th:
A bill to amend an Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, so as to change the method of com puting the minimum salaries of such officers.

HB 1473. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, so as to change the method of computing the minimum salaries of such officers.

HB 1474. By Representative Castleberry of the 1 11th:
A bill to amend an Aet providing minimum salaries for judges of the probate courts of the various counties of Georgia, so as to change the method of com puting the minimum salaries of such officers; and for other purposes.

HB 1475. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for clerks of the superior courts, so as to change the method of computing the minimum salaries of such officers.

HB 1590. By Representatives Wilson of the 19th, Burruss of the 21st, Kaley of the 19th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, to amplify, expand and declare the purposes and objectives of the Act.

THURSDAY, FEBRUARY 7, 1980

1011

HB 1597. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Oak Park, so as to change the corporate limits of said town.

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

SB 574. By Senators Paulk of the 13th and Walker of the 19th:
A bill to add one additional Judge of the Superior Court for the Cordele Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the elec tion of the successors of the judge initially appointed.
Referred to Committee on Judiciary.

SB 575. By Senators Stumbaugh of the 55th and Ballard of the 45th:
A bill to amend an Act known as the "Georgia Private Detective and Private Securities Agencies Act", as amended, so as to amend the definition of private detective business and private security business; to authorize the Board to subpoena witnesses and records in order to investigate conduct subject to the Board's regulation.
Referred to Committee on Industry, Labor and Tourism.

SB 576. By Senators Howard of the 42nd, Coverdell of the 40th, Bell of the 5th and others:
A bill to amend Code Title 42, relating to food and drugs, as amended, by adding a new Code Chapter relating to Kosher foods; to provide for defini tions; to prohibit certain misrepresentation regarding Kosher foods; to pro vide for requirements for persons preparing and serving Kosher foods; to provide for evidence. Referred to Committee on Human Resources.
SB 577. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others:
A bill to amend Code Chapter 26-28, relating to malicious mischief offenses, as amended, so as to make it unlawful for any person, without the express permission of the owner or lessee of an animal, to remove a collar, tag, tat too, or any identification mark artificially attached to or imprinted on an animal for the purposes of identification. Referred to Committee on Natural Resources and Environmental Quality.

1012

JOURNAL OF THE SENATE,

SB 578. By Senators Foster of the 50th, Greene of the 26th, Bond of the 39th and others:
A bill to amend Code Title 35, relating to eleemosynary institutions, as amended, so as to create a new Code Chapter providing for the regulation of professional fund raising; to define certain terms; to provide for registration of charitable organizations, professional fund raisers and professional solicitors.
Referred to Committee on Consumer Affairs.

SB 579. By Senators Coverdell of the 40th, Riley of the 1 st, Holloway of the 12th and others:
A bill to amend Code Chapter 24A-6, relating to probation officers and other personnel under the Juvenile Court Code of Georgia, as amended, so as to delete provisions relating to probation officers being supplied by counties; to provide that juvenile probationers shall be supervised by circuit proba tion supervisors and other personnel under the statewide probation system.
Referred to Committee on Appropriations.

SR 322. By Senators Reynolds of the 48th, Broun of the 46th, Holloway of the 12th and others:
A resolution proposing an amendment to the Constitution so as to place cer tain limitations upon the enactment by the General Assembly of supplemen tary appropriations and amendments to the General Appropriations Act; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 432. By Representative Triplett of the 128th: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" to require that year-round programs for students with special educational needs shall be provided after a certain date.
Referred to Committee on Education.
HB 1107. By Representative Greer of the 43rd: A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.
Referred to Committee on Public Utilities.

THURSDAY, FEBRUARY 7, 1980

1013

HB 1108. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances. Referred to Committee on Public Utilities.

HB 1201. By Representatives Colbert of the 23rd, Felton of the 22nd, Auten of the 154th and others:
A bill to provide that public low-rent housing projects shall not be developed, constructed, or acquired within a municipality or within the unincorporated area of a county unless a majority of the voters in the area affected thereby vote in favor of such low-rent housing project in an election held for such purposes.
Referred to Committee on Community Affairs.

HB 1339. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to change the penalty provisions; to provide for rectification of certain viola tions; to provide for limitations of certain remedies concerning contracts ex ecuted prior to a certain date.
Referred to Committee on Banking, Finance and Insurance.

HB 1355. By Representatives Fuller of the 16th, Swann of the 90th, Oldham of the 14th and others:
A bill to amend Code Section 26-1902, relating to armed robbery, so as to change the basic minimum sentence; to change the minimum sentence for second and subsequent offenses and for offenses resulting in serious bodily injury.
Referred to Committee on Special Judiciary.

HB 1471. By Representative Castleberry of the 111 th:
A bill to amend an Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, so as to change the method of com puting the minimum salaries of such officers. Referred to Committee on Community Affairs.
HB 1473. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimun salaries for sheriffs to be paid from county funds, so as to change the method of computing the minimum salaries of such officers. Referred to Committee on Community Affairs.

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JOURNAL OF THE SENATE,

HB 1474. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for judges of the probate courts of the various counties of Georgia, so as to change the method of com puting the minimum salaries of such officers. Referred to Committee on Community Affairs.

HB 1475. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for clerks of the superior courts, so as to change the method of computing the minimum salaries of such officers. Referred to Committee on Community Affairs.

HB 1590. By Representatives Wilson of the 19th, Burruss of the 21st, Kaley and Cooper of the 19th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, to amplify, expand and declare the purposes and objectives of the Act.
Referred to Committee on Community Affairs.

HB 1597. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Oak Park, so as to change the corporate limits of said town. Referred to Committee on Community Affairs.

HR 582. By Representative Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by certain residents of Ben Hill County. Referred to Committee on Community Affairs.

HR 587. By Representative Kemp of the 139th:
A resolution proposing an amendment to the Constitution so as to change the composition of the Liberty County Industrial Authority. Referred to Committee on Community Affairs.

HR 572. By Representatives Vandiford of the 53rd, Cheeks of the 89th and Smith of the 152nd:
A resolution expressing opposition to any decision to consider the registra tion of women in preparation for a possible future draft. Referred to Committee on Rules.

THURSDAY, FEBRUARY 7, 1980 The following reports of standing committees were read by the Secretary:

1015

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 244. Do pass by substitute. HB 619. Do pass by substitute. HB 632. Do pass by substitute.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1455. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 525. Do pass as amended. SB 571. Do pass. SB 572. Do pass. SB 573. Do pass. HB 1069. Do pass as amended. HB 1504. Do pass. HB 1505. Do pass. HB 1516. Do pass.

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JOURNAL OF THE SENATE,

HB 1528. Do pass. HB 1595. Do pass. HB 1596. Do pass. SR 315. Do pass. SR 318. Do pass. HR 458. Do pass as amended.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 523. Do pass. SB 543. Do pass. HB 1113. Do pass. HB 1132. Do pass. HB 1180. Do pass. HB 1251. Do pass by substitute.
Respectfully submitted,
Senator Overby of the 49th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 327. Do pass by substitute.
Respectfully submitted,
Senator Sutton of the 9th District, Chairman

THURSDAY, FEBRUARY 7, 1980

1017

Mr. President:
Your Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 538. Do pass. SB 545. Do pass by substitute. SB 552. Do pass. SR 298. Do pass by substitute. HB 815. Do pass. HB 1195. Do pass. HB 1302. Do pass. HB 1420. Do pass. HB 1421. Do pass. HR 297. Do pass. HR 573. 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 344. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-8, known as the "Georgia Controlled Substances Act", as amended, so as to change the penalty provisions relating to certain prohibited acts; to provide for fines; to provide for mandatory fines and terms of imprisonment for conviction of certain crimes; to provide for reduction or suspension of sentences under certain circumstances.

SB 457. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to create the Office of Aging of the Department of Human Resources so as to establish a program of transportation for persons 60 years of age or older and for the handicapped; to provide for said office to coordinate pro grams with other agencies and departments of state government.

SB 498. 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 Education Board; to provide for a Secretary and Treasurer of the Board and clerical assistance.

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JOURNAL OF THE SENATE,

SB 499. By Senator Holloway of the 12th:
A bill to authorize the Board of Regents of the Universiiy System of Georgia to grant certain scholarships; to provide for other matters relative thereto; to provide conditions for the effectiveness of this Act; to repeal a specific Act.

SB 500. By Senator Holloway of the 12th:
A bill to provide for a program for elderly citizens of this State to attend units of the University System of Georgia without payment of fees with cer tain exceptions; to provide for a short title.

SB 507. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 114-6, relating to insurance under the workers' compensation laws, as amended, so as to provide that certain selfinsurers shall not be required to post bond evidencing security.

SB 508. By Senator Tysinger of the 41 st:
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, as amended, so as to change the definition of the term "gas".

SB 518. By Senator Carter of the 14th:
A bill to amend an Act providing for actions by or against unincorporated organizations or associations, as amended, so as to provide that a judgment rendered against an unincorporated organization or association shall not be enforced against the individual property of any member of such unin corporated organization or association.

SB ' 526. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 84-11, relating to the practice of optometry, as amended, so as to change the requirements for meetings of the Georgia State Board of Examiners in Optometry; to change the provisions relating to the minimum number of hours of continuing education required by the Board.

SB 544. By Senators Sutton of the 9th, Howard of the 42nd, Eldridge of the 7th and others:
A bill to amend an Act known as the "Georgia Residential Finance Authori ty Act", as amended, so as to provide for legislative findings and declaration of public necessity for the family farm program; to change certain defini tions; to define "family farm".

THURSDAY, FEBRUARY 7, 1980

1019

SR 264. By Senators Stephens of the 36th, Fincher of the 52nd and Hudson of the 35th:
A resolution creating the Silver-Haired Legislature.

SR 275. By Senators Evans of the 37th, Sutton of the 9th and Eldridge of the 7th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a program of insured or guaranteed loans or direct loans to certain small businesses and individual or family farmers for certain purposes; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.

SR 276. By Senator Hudgins of the 15th:
A resolution relative to the cutting and harvesting of timber and pulpwood on certain properties in and around the Franklin D. Roosevelt State Park in Harris and Meriwether Counties.

SR 311. By Senators Hudgins of the 15th and Land of the 16th:
A resolution proposing an amendment to the Constitution so as to create at ten-year intervals a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city and, in its discretion, to propose a new charter or changes in the existing charter which will be submitted to the voters of said city; to provide for the submission of this amendment for ratification or rejection.

SB 60. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial procedures in civil cases, as amended, so as to change the provisions relating to deposi tions upon oral examination; to require that leave of court must be obtained after a certain time period; to restrict the use of interrogatories to parties.
HB 195. By Representative Russell of the 64th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to the length of the public school year.
HB 696. By Representative Johnson of the 74th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit so as to repeal the expense allowances for the judges of said circuit; to provide a salary supplement for the judges of said circuit.

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JOURNAL OF THE SENATE,

HB 895. By Representatives Harris of the 8th, Battle of the 124th, Logan of the 62nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide that the State Board of Education shall follow certain procedures in developing standards in programs in teacher educa tion.

HB 1020. By Representatives Culpepper of the 98th, Home of the 104th and Pinkston of the 100th:
A bill to amend an Act known as "The Georgia Court Reporting Act" so as to change the provisions relating to temporary employment permits; to provide that temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge.

HB 1090. By Representatives Savage of the 25th, Thompson of the 93rd, Snow of the 1st and others:
A bill to amend Code Section 24-2606.3, relating to expenses for atten dance at educational programs by judges of the superior courts.

HB 1101. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, so as to provide that not more than 50 per cent of such directors may be directors, superintendents, trustees, or employees of hospitals.

HB 1138. By Representative Johnson of the 74th:
A bill to amend Code Section 24-29, relating to district attorneys, so as to provide that any county may supplement the salary of the district attorney of the judicial circuit in which the county lies.

HB 1155. By Representatives Lambert of the 112th, Hatcher of the 131st, Vandiford of the 53rd and others:
A bill to amend Code Section 79A-811, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for cer tain violations thereof.

HB 1189. By Representatives Cox of the 141st, Lord of the 105th, Mann of the 13th and Randall of the 101st:
A bill to amend the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide for certain emblems to be used on certain vehicles.

THURSDAY, FEBRUARY 7, 1980

1021

HB 1213. By Representatives Mullinax of the 69th, Mostiler of the 71st, Fortune of the 71st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to delete references to other sections which are no longer valid.

HB 1278. By Representatives Adams of the 36th, Lane of the 40th, Games of the 43rd and Rainey of the 135th:
A bill to amend an Act known as the "Georgia Boat Safety Act," so as to provide definitions for certain terms; to replace the phrase "Game and Fish Division" with the term "Department".

HB 1422. By Representatives Richardson of the 52nd, Pinkston of the 100th, Swann of the 90th and others:
A bill to amend an Act providing for the licensure of applied psychologists, so as to add a consumer member to the board and to provide for the ap pointment and term of such member.

HB 1428. By Representatives Gignilliat of the 122nd, Battle of the 214th, Logan of the 62nd and others:
A bill to amend Code Title 32, relative to education, so as to comprehen sively revise, supersede, and consolidate certain laws relating to various state programs providing assistance for students to obtain an education beyond the twelfth grade.

HR 558. By Representatives Beal of the 28th, Williams of the 54th, Watkins of the 34th and others:
A resolution urging the adoption by retail business establishments in this state of discount programs for needy elderly citizens.

HR 565. By Representative Edwards of the 1 10th:
A resolution proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Taylor Coun ty School District.

HR 569. By Representatives Scott of the 123rd, Gignilliat of the 122nd, Battle of the 124th and others:
A resolution proposing an amendment to the Constitution so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury.

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JOURNAL OF THE SENATE,

HR 578. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution so as to exempt a certain amount of the assessed value of homesteads owned by certain per sons in Rockdale County from ad valorem taxation for school purposes.

HB 860. By Representatives Battle of the 124th, Harris of the 8th and Smith of the 42nd:
A bill to amend an Act entitled the "Certification of Water and Wastewater Treatment Plant Operators Act" so as to change terminology relative to the certification of water and wastewater treatment plant operators to include laboratory analysts; to amend the definition of the Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to include laboratory analysts.

HB 40. By Representative Linder of the 44th:
A bill to amend an Act known as the Georgia Administrative Procedure Act so as to provide that in contested cases involving a license to practice either medicine or dentistry a stay in enforcement of an agency decision may be granted or ordered only if the agency or the court makes certain findings.

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor in connection with the preparation, adoption, or veto of annual budgets for the operation of the city.

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act creating the Magistrate's Court of Baldwin County so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates.

SB 548. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to provide for the election of board members from districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office.

SB 549. By Senator Wessels of the 2nd:
A bill to amend an Act creating a new charter for the Town of Thunder bolt so as to change the corporate limits of the town; to provide for a referendum to be held within and without the town.

THURSDAY, FEBRUARY 7, 1980

1023

SB 550. By Senator Wessels of the 2nd:
A bill to amend an Act creating a new charter for the Town of Thunder bolt so as to change certain provisions relating to the maximum amount of ad valorem tax which may be levied by said town; to provide an effective date.

SB 554. By Senator Bryant of the 3rd:
A bill to amend an Act creating the Commissioners for Mclntosh County, as amended, so as to change certain provisions relating to the filling of vacancies.

SB 555. By Senator Bryant of the 3rd:
A bill to amend an Act creating the board of commissioners of Mclntoch County, as amended, so as to change certain provisions relating to ap proval of officers' bonds.

SB 559. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the proper ty of the county.

SB 560. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court of Jasper County so as to change the provisions relating to the jurisdiction of such court; to change the provisions relating to the powers of the judge; to change the provisions relating to vacancies and substitute judges.

HB 1039. By Representative Twiggs of the 4th:
A bill to repeal an Act creating the Towns County Industrial Development Authority.

HB 1237. By Representative Phillips of the 59th: A bill to create a new charter for the City of Lilburn.

HB 1386. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, so as to change the compensation of the clerk of the superior court.

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JOURNAL OF THE SENATE,

HB 1387. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, so as to change the compensation of the tax Commissioner.

HB 1490. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, so as to change the method of electing members of the Board of Education of Cherokee County.

HB 1491. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act creating the office of Commissioner of Cherokee County, so as to change the compensation of the Commissioner of said county.

HB 1492. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to provide a new charter for the City of Holly Springs in the County of Cherokee.

HB 1511. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the compensation of the judge and solicitor.

HB 1514. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to make the provisions thereof pertaining to elections conform to the provisions of the Georgia Municipal Election Code; to provide for elections in odd-numbered years.

HB 1515. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the Clerk of the Superior Court.

HB 1518. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner.

THURSDAY, FEBRUARY 7, 1980

1025

HB 1519. 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.

HB 1520. 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, clerk of the superior court, tax commissioner and judge of the probate court.

HB 1524. By Representatives Murray of the 116th and Castleberry of the 11 1 th:
A bill to amend an Act creating and establishing a small claims court in and for Sumter County, so as to change the provisions relating to service of process; to change the provisions relating to certain fees.

HB 1525. By Representatives Murray of the 1 16th and Castleberry of the 11 1th:
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 compen sation of the deputy clerks.

HB 1526. By Representatives Murray of the 116th and Castleberry of the 11 1th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Sumter County into the one office of tax commissioner, so as to change the compensation provisions relating to the tax commissioner.

HB 1545. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
HB 1546. By Representatives Lane of 81st and Nessmith of the 82nd: A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.
HB 1547. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act creating a Board of Commissioners of Bulloch County so as to change the provisions relative to the compensation of the clerical assistants.

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JOURNAL OF THE SENATE,

HB 1548. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerical employee of the judge of the probate court.

HB 1549. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

HB 1550. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.

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 537. By Senator Foster of the 50th:
A bill to create and establish a Small Claims Court irt and for Rabun Coun ty; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensa tion, qualifications, substitutions, and tenure of the office of the judge of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1332. By Representative Patten of the 149th: A bill to amend an Act incorporating the City of Remerton, so as to eliminate the prohibition against taxation of realty and personalty and to provide for authority to tax real estate and personal property in the City of Remerton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 7, 1980 On the passage of the bill, the yeas were 52, nays 0.

1027

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

HB 1418. By Representatives Foster and Williams of the 6th:
A bill to amend an Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of com pensation, so as to change the compensation of the clerk and the probate 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 52, nays 0.

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

HB 1419. By Representatives Foster and Williams of the 6th:
A bill to change the compensation of the coroner of Whitfield County; to authorize the coroner to appoint a deputy.

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

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

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

HB 1456. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act creating a three-member Board of Commissioners for McDuffie County; so as to change the provisions relating to the com pensation and expense allowance of the members of the board.

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

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

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

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JOURNAL OF THE SENATE,

HB 1457. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act placing certain county officers in McDuffie County on a salary basis, so as to change the provisions relating to the compensa tion of the coroner of McDuffie County.

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

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

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

HB 1482. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to repeal an Act establishing the State Court of Laurens County.

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

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

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

HB 1483. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for additional powers to the Rome-Floyd County Development Authority; to provide for definitions; to provide for addi tional projects of the authority; to remove certain interest rate ceilings.

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

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

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

HB 1486. By Representative Cox of the 141st:
A bill to amend an Act increasing the membership of the Board of Educa tion of Decatur County, so as to change certain residency requirements of the members of the Board of Education.

THURSDAY, FEBRUARY 7, 1980

1029

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

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

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

HB 1394. By Representative Hatcher of the 131st:
A bill to abolish the present mode of compensating the tax collector ot Baker County, known as the fee system; to provide in lieu thereof an annual salary.

The Senate Committee of Community Affairs offered the following substitute to HB 1394:
A BILL
To be entitled an Act to abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary, to provide that certain fees, costs, or other emoluments of the officer shall become the property of the county; to pro vide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating ex penses of said office; to provide for the compensation for personnel; to pro vide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The present mode of compensating the tax collector of Baker County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The tax collector of Baker County shall receive an annual salary, payable in equal monthly installments from county funds, in an amount equal to the minimum salary provided in Code Section 91 A-1373 for a tax collector in a county having a population the same as that of Baker County. In addition, the tax collector shall receive those commissions allow ed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended.
Section 3. Except as otherwise provided in Section 2 of this Act, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax collector shall be received, collected, and held by him as public funds belonging to Baker County. Once each month the tax collector shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the

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JOURNAL OF THE SENATE,

sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approv ed January 17, 1938 (Ga. Laws 1937-38, Ex. Sess.,p. 297), as amended.

Section 4. The tax collector shall have the sole authority to employ, discharge, and fix the compensation of the employees of his office, but the board of commissioners of Baker County shall have final approval of the compensation of each such employee. The compensation of all such employees shall be paid from the funds of Baker County.

Section 5. 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 superinten dent of Baker County to issue the call for an election for the purpose of sub mitting this Act to the electors of Baker County for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of Baker County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act abolishing the present mode of compensating the tax collector of Baker County, known as the fee system, and providing in lieu thereof an annual salary and providing for other matters relative thereto 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 Baker 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 6. For the purpose of holding the referendum as provided for in Section 5, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective on January 1, 1981, if approved in such referen dum.

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 0, and the substitute was adopted.

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

THURSDAY, FEBRUARY 7, 1980

1031

On the passage of the bill, the ye;,>, were 52, nays 0.

The bill, having received the rec u site constitutional majority, was passed by substitute.

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

Allgood
Ballard Barker Barnes Bell
Brantley Brown of 47th Bryani Carter Cobo
Coverdell English
Fincher of 52nd Foster Gillis

Greene
Hill Horton Howard Hudson
Johnson Kennedy Kidd Land Langforcl
Lester Littlefield
Overby Paulk Reynolds

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

Those not answering were Senators:

Bond Broun of 46th Dean Eldridge

Evans Fincher of 54th Holloway (presiding)

Hudgins McGill Walker

Senator Paulk of the 13th introduced the chaplain of the day, Reverend Brantley Seymour, pastor of the First Baptist Church, Roswell, Georgia, who offered Scripture reading and prayer.

The following resolution of the Senate was read and adopted: SR 323. By Senator Overby of the 49th:
A resolution commending Lt. Col. Lewis F. Rogers, USMCR.

SENATE RULES CALENDAR
Thursday, February 7, 1980
TWENTY-FIFTH LEGISLATIVE DAY
SB 405. Crime of Bail Jumping - create (SUBSTITUTE/AMENDMENT) (Judy-44th)

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JOURNAL OF THE SENATE,

SR 268. Georgia Military College and Board of Trustees - create (SUBSTITUTE) (H Ed - 25th)
SR 273. Alcoholic Beverage Tax for Educational Programs - General Assembly levy (BF&I - 32nd)
SB 396. Lobbying--disclosure of certain actions by agents (SUBSTITUTE) (S Judy - 50th)
SB 531. Act Regulating Sanitarians - delete certain provisions (Gov Op - 25th)
SR 271. Tax Reform Commission - payment of allowances for certain members (Rules - 23rd)
SR 284. Baldwin County - conveyance of certain State-owned real property (Pub U-25th)
HB 184. Adequate Program for Education - requirements for substitute teachers (Ed- 14th)
HB 711. Probation Act - reenact provisions on probation and suspended sentences (Judy - 6th)
HB 1116. Bonded Public Warehousemen-repeal Code (S Judy-33rd)
HB 1117. Sheriffs - repeal compensation provisions for World War II activities (S Judy-33rd)
HB 1118. Copies of Acts and Resolutions - Secretary of State furnish Legislative Counsel (Gov Op-25th)
HB 1119. School for Deaf, Blind - Board of Education operate (Gov Op - 25th
HB 1120. Civil Practice Act-change certain forms (S Judy-33rd)
HB 1121. Registration of Trade Names - revise provisions (S Judy - 33rd)
HB 1123. State Officials and Employees - prohibit from engaging certain transactions (Gov Op - 27th)
HB 1156. Crime Involving Marijuana - authorize an investigation warrant (SUBSTITUTE) (Judy - 42nd)
HB 1184. Adequate Program for Education in Georgia - partial allocations ot special education leadership positions (Ed - 31st)
HB 1233. Cemeteries - change provisions on registration fees (CA - G 56th)
HR 41. Firemen's Pension Fund - increase retirement benefits (Gov Op-25th)
HR 512. Chatham County - lease agreement on State-owned property (Pub U 1st)

THURSDAY, FEBRUARY 7, 1980

1033

HR 513. Chatham County - land for sheltered workshop for handicapped (Puh U-lst)
Respectfully submitted,
Is/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time on February 5 and postponed until February 7, was put upon its passage:
SB 405. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others:
A bill to amend Code Chapter 26-25, relating to obstruction of law enforce ment, as amended, so as to create the crime of bail jumping; to provide con ditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse.

The Senate Committee on Judiciary offered the following substitute to SB 405:

A BILL
To be entitled an Act to amend Code Chapter 26-25, relating to obstruction of law enforcement, as amended, so as to create the crimes of felony- bail jumping and misdemeanor-bail jumping; to provide conditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse; 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. Code Chapter 26-25, relating to obstruction of law enforce ment, as amended, is hereby amended by adding at the end thereof a new Code Section 26-2511 to read as follows:
"26-2511. Bail jumping, (a) Any person who has been charged with, or convicted of, the commission of a felony under the laws of this state, and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place, commits the offense of felony-bail jumping if, without sufficient excuse, he fails to appear at that time and place. A person convicted of the of fense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.
(b) Any person who has been charged with, or convicted of, the commission of a forcible misdemeanor or misdemeanor which is of a high and aggravated nature, and has been set at liberty on bail or on his

1034

JOURNAL OF THE SENATE,
own recognizance upon the condition that he will subsequently appear at a specified time and place, commits the offense of misdemeanor-bail jumping if, without sufficient excuse, he fails to appear at that time and place. A person convicted of the offense of rnisdemeanor-bail jumping shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 405 offered by the Senate Committee on Judiciary as follows:
By adding on Page 1, line 20 and Page 2, line 5 after "if" the follow ing:
"after notice to the defendant by mailing at his last known ad dress."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Tysinger Wessels

THURSDAY, FEBRUARY 7, 1980

Those not voting were Senators:

Bond Dean Evans

Holloway (presiding) Hudgins

Sutton Walker

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

1035

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

The following resolution of the Senate, favorably reported by the committee, hav ing been read the third time on February 1 and postponed until February 5, and postponed on February 5 until February 7, was put upon its adoption:

SR 268. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; to provide for submission of this amendment for ratification or rejec tion.

Senator Kidd of the 25th moved that SR 268 be postponed until Friday, Feb ruary 8.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 268 was postponed until Friday, February 8.

The following resolution of the Senate, favorably reported by the committee, hav ing been read the third time on February 5 and postponed until February 6, and postponed on February 6 until February 7, was put upon its adoption:

SR 273. By Senators Thompson of the 32nd, Lester of the 23rd, Eldridge of the 7th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the levy and collection of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages and to provide by law for the use of all or any part of the proceeds of such tax for educational programs, in the public schools and elsewhere, regard ing alcoholism and drug abuse and for alcoholic and drug treatment pro grams; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OF THE SENATE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section X, Paragraph VII of the Constitution is hereby amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) The General Assembly is hereby authorized to provide by law for the levy and collection of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages and to provide by law for the use of all or any part of the prceeds of such tax for educational pro grams, in the public schools and elsewhere, regarding alcoholism and drug abuse and for alcoholic and drug treatment programs."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the levy and collec-
( ) NO tion of a tax on distilled spirits, wines, malt beverages, and any other alcoholic beverages and to provide by law for the use of all or any part of the proceeds of such tax for educa tional programs, in the public schools and elsewhere, regarding alcoholism and drug abuse and for alcoholic and drug treatment programs?"

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 Constitu tion, it shall become a part of the Constitution of this State.

Senator Ballard of the 45th offered the following amendment:

Amend SR 273 by striking the words "and drug" in lines 21 and 22 of Page 1, and lines 10 and 11 of Page 2,
and
by striking the words "and drug" on lines 7 and 8, Page 1.

Senator Ballard of the 45th asked unanimous consent to withdraw the amend ment.

THURSDAY, FEBRUARY 7, 1980

1037

The consent was granted, and the amendment offered by Senator Ballard of the 45th was withdrawn.

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

The resolution, poroposing 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 Brantlev Broun of 46th Brown of 47th Bryant Carter Cobb
Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gill is Greene Horton
Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overbv Paulk ' Reynolds Riley Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tvsinger
Wessels

Voting in the negative were Senators Coverdell and Evans.

Those not voting were Senators:

Hill HolJoway (presiding)

-Russell Stephens

Walker

On the adoption of the resolution, the yeas were 48, nays 2.

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

The President assumed the Chair.

Senator Hudson of the 35th moved that the following resolution of the House be withdrawn from the Committee on Rules and committed to the Committee on Defense and Veterans Affairs:

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JOURNAL OF THE SENATE,

HR 572. By Representatives Vandiford of the 53rd, Cheeks of the 89th and Smith of the 152nd:
A resolution expressing opposition to any decision to consider the registra tion of women in preparation for a possible future draft.

On the motion, the yeas were 29, nays 3; the motion prevailed, and HR 572 was withdrawn from the Committee on Rules and committed to the Committee on Defense and Veterans Affairs.

Senator Russell of the 10th introduced a doctor of the day, Dr. Marshall Dunaway, of Thomasville, Georgia,
and
Senator Coverdell of the 40th introduced a doctor of the day, Dr. A. V. Gude, of Atlanta, Georgia.

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

SB 396. By Senators Foster of the 50th, Barnes of the 33rd, Stumbaugh of the 55th and others:
A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure of certain actions by registered agents; to provide for a declaration of policy; to require certain registered agents to file certain reports.

The Senate Committee on Special Judiciary offered the following substitute to SB 396:
A BILL
To be entitled an Act to amend Code Chapter 47-10, relating to lobby ing, so as to regulate and require disclosure of certain actions by registered agents; to provide for a declaration of policy; to require certain registered agents to file certain reports; to provide for the contents of such reports; to provide such reports shall be public records and open for public inspection and copying; to authorize the Secretary of State to receive reports; to prescribe certain forms; to provide for violations and penalties; to provide for enforcement by Attorney General; to provide for a citizen's right to sue; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 47-10, relating to lobbying, is hereby amended by adding a new section after Code Section 47-1001, to be designated Code Section 47-1001.1, to read as follows:

THURSDAY, FEBRUARY 7, 1980

1039

"47-1001.1. Policy. The General Assembly hereby declares that it is the policy of this State to protect the integrity of the democratic process and to afford the people with the fullest opportunity to petition their government for the redress of grievances and to express their opinion; to bring into full view efforts to influence both the decision-making process of government and government action; and to preserve and protect the integrity of representative government. In light of this policy, the General Assembly finds that it is necessary that the identity and activities of certain persons who engage in efforts to influence the General Assembly and its members be publicly and regularly disclosed."
Section 2. Said Code chapter is further amended by striking in its entire ty Code Section 47-1002, relating to registration with Secretary of State, and substituting in lieu thereof a new Code Section 47-1002 to read as follows:
"47-1002. Registration with Secretary of State.
(a) (1) Every person representing, with or without compensation, any person, firm, corporation, association, or organization, or governmental entity or department for the purpose of aiding or opposing, directly or in directly, the enactment of a bill, or bills, or resolution or resolutions, by either House of the General Assembly shall file in the office of the Secretary of State a writing, sworn to and subscribed by such person, stating the name and address, or names and addresses of the person, or persons, firm, or firms, corporation, or corporations, association, or associations, organization, or organizations, he represents, together with a specific description of the subject matter or matters on which the registrant expects to act. If the matters on which he expects to act are connected with legislation or proposed legislation, the writing shall in clude the number of the bill or resolution or the numbers of the bills or resolutions and a statement as to whether the registrant supports or op poses each bill or resolution so listed. Information set forth in the writing required in this paragragh shall be as of the date the writing is filed as re quired by this paragraph.
(2) Each registration pursuant to this paragraph shall be valid for on ly one regular or extraordinary session of the legislature.
(3) The Secretary of State shall provide a suitable docket for such registration, which shall be known as the docket of legislative ap pearance, with appropriate indices, and shall promptly enter therein the names of the parties appearing, and on whose behalf they appear. The docket shall contain in conspicuous print the following: 'The positions of the registrant set forth herein may change as a result of amendments to the bills and resolutions identified or as a result of other events affecting the interests represented by the registrant.' The docket shall be open to public inspection and copying. The Secretary of State may charge a reasonable fee for copying of filings made pursuant to this paragraph, but the fee may not exceed the actual cost of the copying.
(4) Each registered agent shall file on forms prescribed by the Secretary of State the information required by this paragraph with the Secretary of State on January 15 and February 15 in each year, then on a

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JOURNAL OF THE SENATE,

biannual basis for the remainder of the year on June 15 and December 15. There is no continuing duty to update the information filed pursuant to this section between the dates specified herein.
(b) (1) Each person registering with the Secretary of State shall pay to him a registration fee of ($5.00). As soon as practical after registering any such person, the Secretary of State shall issue to him an identification card upon which shall be printed the name of the registered party and the person, firm, corporation, association, or organization he represents; provided, that when any such person represents more than one person, firm, corporation, association, or organization, such identification card shall be imprinted with the name of the registered party and the words, 'REGISTERED AGENT.' Any such person while in the State Capitol, during times the General Assembly is in session, shall have the identifica tion on his person and shall make it available for inspection by all legislators who shall request it of him.
(2) At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each House of the General Assembly those persons along with the respective persons, firms, corporations, or associations they represent who have registered with him. During ses sions of the General Assembly, the Secretary of State shall periodically report to each House those persons who have registered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journals of each House.
(3) All members of the House and Senate shall riave the responsibility of bringing to the attention of the Rules Committee of each respective House violations of this Section and Chapter, and the Chairman of the respective Rules Committees shall have the responsibility of reporting such violations to appropriate officials.
(c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either House of the General Assembly.
(d) The provisions of subsections (a) and (b) of this section shall not be construed to apply to any person who appears before a committee of either or both Houses of the General Assembly for the purpose of express ing his views or giving testimony when such person is not otherwise re quired to comply with the provisions of subsections (a) and (b) of this sec tion."
Section 3. Said Code Chapter is further amended by striking in its en tirety Code Section 47-1005, relating to punishment, which reads as follows:
"47-1005. Punishment. Any person who fails to comply with or violates any of the provisions of Code section 47-1002, 47-1003 and 47-1004 shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.",
and substituting in lieu thereof a new Code Section 47-1005 to read as follows:

THURSDAY, FEBRUARY 7, 1980

1041

"47-1005. Violations and penalties, (a) It is unlawful for any person to:
(1) Fail to report as required by Code Section 47-1002; or
(2) File a fraudulent report or a report containing any statement or information which he knows or should have known to be false; or
(3) Fail to file any required report within the required time period.
(b) Any person who knowingly fails to comply with or who knowing ly violates any of the provisions of this Act is guilty of a misdemeanor on the first offense and, upon conviction of the violation, shall be punished as for a misdemeanor by imprisonment for not more than one year or by a fine not to exceed $5,000.00, or both."
Section 4. Said Code chapter is further amended by adding a new sec tion after Code Section 47-1005, to be designated Code Section 47-1007, to read as follows:
"47-1007. Chapter to be enforced by Attorney General. The At torney General is authorized to enforce the provisions of Code Sections 47-1002, 47-1003, and 47-1004."
Section 5. Said Code chapter is further amended by adding an addi tional new section after Code Section 47-1005, to be designated Code Sec tion 47-1008, to read as follows:
"47-1008. Citizen's right to sue. Since it is the policy and intent of the General Assembly that the information required by this chapter be reported and available to the public for the benefit of the citizens of Georgia and for the protection of our representative form of government, citizens of Georgia shall have standing to sue to enforce provisions of this chapter and to require full disclosure if the Attorney General has not sued to enforce this chapter. Attorney fees may be awarded, at the discretion of the trial judge, against the registered agents and the principals of the agent if citizens bring suit to enforce this chapter."
Section 6. Said Code chapter is further amended by adding an addi tional new section after Code Section 47-1005, to be designated Code Sec tion 47-1009, to read as follows:
"47-1009. Severability of provisions of chapter. In the event any sec tion, subsection, sentence, clause, or phrase of Code Chapter 47-10 is declared or adjudged invalid or unconstitutional, the adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of Code Chapter 47-10, which shall remain in full force and ef fect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this chapter. The General Assembly hereby declares that it would have pass ed the remaining parts of Code Chapter 47-10 if it had known that such part or parts of this chapter would be declared or adjudged invalid or un constitutional."

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JOURNAL OF THE SENATE,
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Reynolds of the 48th and Starr of the 44th offered the following amend ment:
Amend the substitute to SB 396 offered by the Senate Committee on Special Judiciary by deleting on Page 2, lines 13 and 14 in their entirety and substituting in lieu thereof the following:
"association, or organization for the purpose of aiding or".
Senators Evans of the 37th and Kidd of the 25th offered the following amendment: Amend the substitute to SB 396 offered by the Senate Committee on
Special Judiciary as follows: By striking on Page 2, line 11 the words "or without" and By inserting on Page 2, line 12 after the word "any" and before the
word "person" the following: "other".
Senator Evans of the 37th offered the following amendment: Amend the substitute to SB 396 offered by the Senate Committee on
Special Judiciary as follows: By adding on Page 5, line 14, after the word "person" and before the
word "is" the following: "is requested by the committee to appear for the purpose of pro
viding information or".
Senator Gillis of the 20th moved that SB 396 be committed to the Committee on Judiciary.
Senator Sutton of the 9th moved to amend the motion of Senator Gillis of the 20th to commit SB 396 to the Committee on Special Judiciary.
Senator Barnes of the 33rd moved the previous question.
Senator Langford of the 51st moved that SB 396 be placed on the Table.

THURSDAY, FEBRUARY 7, 1980

1043

On the motion of Senator Langford of the 51st, which takes precedence, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was
as follows:

Those voting in the affirmative were Senators:

Allgood Bell Brantley Broun of 46th Brown of 47th Bryant Carter English Fincher of 54th Gillis

Holloway Hudgins Kennedy Kidd Land Langford Lester McGill Overby Paulk

Reynolds Russell Starr Stephens Summers Tate Timmons Turner Tysinger Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Bond Cobb Coverdell Dean

Evans Fincher of 52nd
Foster Greene Horton Howard Johnson

Littlefield Riley Robinson Scott Stumbaugh Sutton Thompson

Those not voting were Senators:

Eldridge Hill

Hudson

Walker

On the motion, the yeas were 30, nays 21; the motion prevailed, and SB 396 was placed on the Table.

SB 531. By Senator Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, as amended, so as to delete certain provisions relating to persons not meeting certain qualifications.

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

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

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Johnson Kennedy Kidd Land Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Broun of 46th Eldridge Fincher of 52nd

Hill Hudgins Hudson

Langford Littlefield Walker

On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed.
Senator Gillis of the 20th assumed the Chair at the direction of the President.
SR 271. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others: A resolution to amend a Resolution creating the Georgia Tax Reform Com mission, as amended, so as to add provisions relating to the payment of allowances for certain members of the commission.

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

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

THURSDAY, FEBRUARY 7, 1980

1045

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Greene Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Barker Broun of 46th Fincher of 52nd Gillis (presiding)

Hill Holloway Hudson

Littlefield Riley Walker

On the adoption of the resolution, the yeas were 45, nays 0.

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

SR 284. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission to convey certain State-owned real property located in Baldwin County, Georgia, to Georgia Power Company and the acceptance of certain property owned by the Georgia Power Company, located in Baldwin County, Georgia, in con sideration therefor.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans

Fincher of 52nd Fincher of 54th Foster Greene Horton Hudgins Kennedy Kidd Land Langford Lester Littlefield Overby Paulk

Voting in the negative was Senator McGill.

Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Wessels

Those not voting were Senators:

Bond Broun of 46th Eldridge Gillis (presiding) Hill

Holloway Howard Hudson Johnson

Riley Tate Timmons Walker

On the adoption of the resolution, the yeas were 41, nays 1.

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

HB 184. By Representative Davis of the 99th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to requirements for substitute teachers.
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:

THURSDAY, FEBRUARY 7, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans

Fincher of 54th Foster Greene Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Those not voting were Senators:

Bond Broun of 46th Eldridge Fincher of 52nd Gillis (presiding)

Hill Holloway Hudson Reynolds

Overby Paulk Robinson Russell Scott Starr Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Wessels
Riley Stephens Timmons Walker

1047

On the passage the bill, the yeas were 42, nays 0.

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

HB 711. By Representative Carnes of the 43rd:
A bill to amend an Act known as the Statewide Probation Act so as to reenact certain provisions relating to probation and suspended sentences; to repeal certain provisions relating to sentencing for the crime of bastardy which crime no longer exists in this State.
Senate Sponsor: Senator Littlefield of the 6th.

Senator Littlefield of the 6th moved that HB 711 be committed to the Committee on Judiciary.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 711 was committed to the Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 1116. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal Code Chapter 111-1, relating to bonded public warehousemen; to repeal Code Section 111-9901, relating to unlawful disposition of goods deposited in bonded public warehouses.
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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter
Cobb Coverdell
Dean English Fincher of 52nd

Fincher of 54th Foster Greene Horton Howard Hudgins Johnson Kennedy Kidd Land
Lester McGill
Overby Paulk Reynolds

Those not voting were Senators:

Broun of 46th
Eldridge Evans Gillis (presiding)

Hill
Holloway Hudson Langford

On the passage of the bill, the yeas were 44, nays 0.

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

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

HB 1117. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to repeal certain specific Acts of the General Assembly which provid ed for additional compensation for sheriffs and other county officials in cer-

THURSDAY, FEBRUARY 7, 1980

1049

tain counties of this state as a result of national defense activities during World War II and certain periods thereafter.
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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans

Fincher of 52nd Fincher of 54th Foster Greene Horton Howard Kennedy Kidd Land Langford Lester McGill Overby Paulk

Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Broun of 46th Eldridge Gillis (presiding) Hill

Holloway Hudgins Hudson Johnson

Littlef ield Riley Tate Walker

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1118. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Chapter 40-6 relating to the duties and powers of the Secretary of State, so as to provide that it shall be the duty of the Secretary of State to furnish copies of Acts and resolutions of the General Assembly to the Office of Legislative Counsel.
Senate Sponsor: Senator Kidd of the 25th.

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JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Coverdell Dean English Evans

Fincher of 54th Foster Greene Horton Howard Johnson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Robinson Russell Scott Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Wessels

Those not voting were Senators:

Broun of 46th Cobb Eldridge Fincher of 52nd Gillis (presiding)

Hill Holloway Hudgins Hudson Littlefield

Riley Starr Tate Timmons Walker

On the passage of the bill, the yeas were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1119. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others: A bill to repeal Code Chapter 35-7, relating to the Academy for the Blind; to repeal Code Chapter 35-8, relating to the Georgia School for the Deaf, to amend an Act relating to the abolition of the Board of Control and the transfer of its functions to the State Board of Public Welfare. Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 7, 1980

1051

On the 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 Bryant Carter Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Greene Holloway Horton Howard Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Bond
Cobb Gillis (presiding) Hill

Hudgins
Hudson Johnson Littlefield

Tate Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Barnes of the 33rd moved that the following bill of the Senate be taken from the Table:
SB 396. By Senators Foster of the 50th, Barnes of the 33rd, Stumbaugh of the 55th and others: A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure of certain actions by registered agents; to provide for a declaration of policy; to require certain registered agents to file certain reports.
On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

1052

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Cobb Coverdell Dean Evans

Fincher of 52nd Foster Greene Horton Howard Kidd Land Paulk

Riley Robinson Scott Stumbaugh Sutton Tate Thompson

Those voting in the negative were Senators:

Allgood Bell Brantley Broun of 46th Brown of 47th Bryant Carter Eld ridge

English Holloway Hudgins Kennedy Langford Lester McGill Overby

Reynolds Russell Starr Stephens Summers Turner Tysinger Wessels

Those not voting were Senators:

Fincher of 54th Gillis (presiding) Hill

Hudson Johnson Littlefield

Timmons Walker

On the motion, the yeas were 23, nays 24; the motion was lost, and SB 396 was not taken from the Table.

The President resumed the Chair.

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

HB 1120. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act known as the "Georgia Civil Practice Act," so as to change certain forms in order to comply with provisions of the Act and to make the forms contained in such Act more useful to the courts, members of the bar, and the citizens of Georgia.
Senate Sponsor: Senator Barnes of the 33rd.

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

THURSDAY, FEBRUARY 7, 1980

1053

On the 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 Bryant Carter Coverdell Dean Eldridge English

Evans Fincher of 52nd Foster Gillis Greene Holloway Horton Hudgins Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Wessels

Those not voting were Senators:

Cobb Fincher of 54th Hill Howard

Hudson Johnson Littlefield

Stephens Thompson Walker

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1121. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act providing for the registration of trade names, part nership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, so as to revise the provisions relating to the registration of such trade names, part nership names, or other names.
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:

1054

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester McGill Overby

Those not voting were Senators:

Hill Hudson

Littlefield

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

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

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

HB 1123. By Representative Pinkston of the 100th: A bill to amend an Act prohibiting full-time appointive officials ,.nd employees of the state from engaging in certain transactions affecting the state, so as to provide for exceptions under certain circumstances. Senate Sponsor: Senator Robinson of the 27th.
Senator Howard of the 42nd offered the following amendment:
Amend HB 1123 by adding on Page 4, line 14 after the word "Deaf"
the following: "and the Atlanta Area School for the Deaf".

THURSDAY, FEBRUARY 7, 1980

1055

On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Holloway Horton Howard Hudgins Kennedy Kidd Land Langford Lester McGill

Overbv Paulk ' Reynolds Riley Robinson Russell Scott Starr Summers Sutton Tate Timmons Turner Ty singer Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Greene Hill Hudson

Johnson Littlefield Stephens

On the passage of the bill, the yeas were 46, nays 1.

Thompson Walker

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

Senator Tate of the 38th introduced Odell Owens, Jr., President of the Georgia Association of Educators, who was commended by SR 309 on February 4.
The President announced the Senate would stand in recess from 12:20 o'clock P.M. until 2:00 o'clock P.M.

1056

JOURNAL OF THE SENATE,

At 2:00 o'clock P.M., the President called the Senate to order.

The following resolution of the Senate was read and adopted:

SR 330. By Senator Riley of the 1st:
A resolution recognizing and commending Mr. J. Terryl Bechtol, National President of the U.S. Jaycees, and commending the Georgia Jaycees.

The President introduced to the Senate John Miles, Georgia President of the Jaycees, who introduced J. Terryl Bechtol, National President of the Jaycees, who brief ly addressed the Senate.

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

HB 1156. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 26-3004, relating to exemptions of law en forcement officers from the provisions of Code Chapter 26-30, relating to in vasions of privacy, so as to make any crime involving marijuana a crime which will authorize an investigation warrant.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 1156:

A BILL
To be entitled an Act to amend Code Section 26-3004, relating to ex emptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, as amended, so as to make any crime involving marijuana a crime which will authorize an investigation warrant; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-3004, relating to exemptions of law en forcement officers from the provisions of Code Chapter 26-30, relating to in vasions of privacy, as amended, is hereby amended by adding immediately following the words "or any crimes involving arson, kidnapping, narcotics, dangerous drugs,", where such words appear in the first sentence of subsec tion (c) of said Code Section, the following:
"trafficking in marijuana,",

THURSDAY, FEBRUARY 7, 1980

1057

so that when so amended subsection (c) of Code Section 26-3004 shall read as follows:
"(c) When there is probable cause to believe that a person is com mitting or has committed an act which endangers the national security of the United States or the security of this State or that such person is com mitting or has committed the crime of treason, insurrection, rebellion, es pionage, sabotage, or any felony involving bodily harm, or any crimes in volving arson, kidnapping, narcotics, dangerous drugs, trafficking in marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling or any felony involving alcoholic beverage laws, auto thefts, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon writ ten application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which ap plication affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and par ticularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard and observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permit ting the use of devices, as defined by Section 26-3009, for the surveillance of such person'or place provided such warrant specifies with particulari ty the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use permitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be subject to such surveillance."
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 offered the following amendment:

Amend the substitute to HB 1156 offered by the Senate Committee on Judiciary by striking on Page 1, line 17, and on Page 2, line 1, the following:
"trafficking in marijuana"
and substituting in lieu thereof the following:
"importation, or sale of marijuana".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

1058

JOURNAL OF THE SENATE,

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Land Langford Lester

Those not voting were Senators:

Horton Hudson Littlefield

Paulk Turner

McGill Overby Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton 'Tate Thompson Timmons Wessels
Tysinger Walker

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

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

Senator Ba'rnes of the 33rd moved that the following bill of the Senate be taken from the Table:

SB 396. By Senators Foster of the 50th, Barnes of the 33rd, Stumbaugh of the 55th and others:
A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure of certain actions by registered agents; to provide for

THURSDAY, FEBRUARY 7, 1980

1059

a declaration of policy; to require certain registered agents to file certain reports.

On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Coverdell Dean Evans Fincher of 52nd

Foster Greene Howard Hudson Johnson Kidd Land

Riley Robinson Scott Starr Stumbaugh Sutton Thompson

Those voting in the negative were Senators:

Allgood Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Eldridge

English Fincher of 54th Gillis Hill Holloway Hudgins Kennedy Langford Lester

McGill Overby Reynolds Russell Stephens Summers Tate Timmons Wessels

Those not voting were Senators:

Horton Littlefield

Paulk Turner

Tysinger Walker

On the motion, the yeas were 22, nays 27; the motion was lost, and SB 396 was not taken from the Table.

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

HB 1184. By Representatives Evans of the 84th and Carrell of the 75th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide that the State Board of Education shall establish procedures, policies and regulations to provide for partial alloca tions of special education leadership positions.
Senate Sponsor: Senators Dean of the 31st and Carter of the 14th.

1060

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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner

Those not voting were Senators:

Fincher of 54th
Horton Hudgins

Littlef ield
Riley Tysinger

Walker Wessels

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1233. By Representatives Colbert of the 23rd, Vaughn of the 57th, Bargeron of the 83rd and others: A bill to amend an Act providing for the registration and regulation of cemeteries, so as to change the provisions relating to registration fees; to change the provisions relating to sales of merchandise and installment con tracts. Senate Sponsor: Senator Brantley of the 56th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 7, 1980

1061

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

Those voting in the affirmative were Senatois:

Allgood Ballard Barker Bell Bond Brantley
Brown of 47th Bryant Carter Cobb
. Coverdell Dean Eldridge
English Evans

Fincher of 54th Foster Gillis Greene Hill Holloway
Howard Hudgins Kennedy Kidd
Land Langford Lester
Littlefield McGill

Those not voting were Senators:

Barnes Broun of 46th Fincher of 52nd Horton

Hudson Johnson Tate

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Turner Wessels
Timmons Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0.

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

Pursuant to a motion adopted on February 5, the President announced the appoint ment of a Conference Committee on the following bill of the House:

HB 1084. By Representatives Adams of the 36th, Lane of the 40th, Carnes of the 43rd and others:
A bill to protect homeowners, property owners, tenants, and the general public against faulty, inadequate and unsafe electrical plumbing and condi tioned air fixtures and systems through the regulation of electrical contrac tors, plumbers and conditioned air contractors.

The Conferees appointed were: Senators Ballard of the 45th, Stephens of the 36th and Robinson of the 27th.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

1062

JOURNAL OF THE SENATE,

HR 41. By Representatives McDonald of the 12th, Hays of the 1st, Lane of the 81st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund.
Senate Sponsor: Senator Kidd of the 25th.

Senator Sutton of the 9th moved that HR 41 be committed to the Committee on Retirement.

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

Those voting in the affirmative were Senators:

Bell Brantley Coverdell Eldridge
Evans

Fincher of 54th Greene Holloway Howard
Land

Langford Littlefield Stumbaugh Sutton
Turner

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Broun of 46th Brown of 47th Bryant Carter Cobb Dean
English Fincher of 52nd

Foster Gillis Hill Hudgins Hudson Johnson Kennedy Kidd Lester McGill
Overby

Those not voting were Senators:

Ballard Horton

Paulk Timmons

Reynolds Riley Robinson Russell Scott Starr Stephens Summers Tate Thompson Wessels
Tysinger Walker

On the motion of Senator Sutton of the 9th, the yeas were 15, nays 34; the motion was lost, and HR 41 was not committed to the Committee on Retirement.

Senator Ballard of the 45th moved that HR 41 be postponed until Tuesday, February 12.

THURSDAY, FEBRUARY 7, 1980

1063

On the motion, the yeas were 39, nays 0; the motion prevailed, and HR 41 was postponed until Tuesday, February 12.

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

HB 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.

Senator Allgood of the 22nd moved that the Senate adhere to the Senate substitute to HB 277, 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 substitute to HB 277.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Allgood of the 22nd, Barnes of the 33rd and Ballard of the 45th.

Senator Hudson of the 35th moved that the following resolution of the House be withdrawn from the Committee on Defense and Veterans Affairs and committed to the Committee on Judiciary:

HR 572. By Representatives Vandiford of the 53rd, Cheeks of the 89th and Smith of the 152nd:
A resolution expressing opposition to any decision to consider the registra tion of women in preparation for a possible future draft.

Senator Hudgins of the 15th moved that HR 572 be committed to the Committee on Governmental Operations and instruct the committee to pass it out of the committee within five days.

Senator Hudgins of the 15th asked unanimous consent to withdraw the motion; the consent was granted.

On the motion of Senator Hudson of the 35th, Senator Wessels of the 2nd called for the yeas and nays; the call was sustained, and the vote was as follows:

1064

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Brantley Brown of 47th English Fincher of 52nd Fincher of 54th Gillis

Holloway Hudson Kennedy Kidd Overby Reynolds

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Bryant Carter Cobb Dean

Eldridge Evans Foster Horton Howard Hudgins Land Lester Littlefield McGill

Those not voting were Senators:

Coverdell Greene Hill

Johnson Langford

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

On the motion, the yeas were 17, nays 31; the motion was lost, and HR 572 was not withdrawn from the Committe on Defense and Veterans Affairs and committed to the Committee on Judiciary.
The following general resolutions of the House, favorably reported by the commit tees, were read the third time and put upon their adoption:
HR 512. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others: A resolution authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, relative to certain State-owned real property located in Chatham Coun ty, Georgia. Senate Sponsor: Senator Riley of the 1st.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

THURSDAY, FEBRUARY 7, 1980

1065

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 Bryant Carter Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Wessels

Those not voting were Senators:

Cobb Hill Johnson

Land Littlefield

Tysinger Walker

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 513. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others: A resolution requesting that the Georgia Building Authority (Hospital) make certain land in Chatham County available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of constructing a sheltered workshop for the handicapped. Senate Sponsor: Senator Riley of the 1st.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

1066

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby

Those not voting were Senators:

Bond Cobb Hill

Land Littlefield

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 3:30 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 8, 1980

1067

Senate Chamber, Atlanta, Georgia Friday, February 8, 1980

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was call ed to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate:

SB 108. By Senator Tate of the 38th: A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), so as to authorize prior service credit for certain noneducational public employee service.
The House has disagreed to the Senate substitute to the following bill of the House:

HB 104. By Representatives Buck of the 95th, Johnson of the 72nd and Lambert of the 112th:
A bill providing retirement benefits for the clerks of the superior courts of Georgia so as to provide for additional members of the Board of Commis sioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners.

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

1068

JOURNAL OF THE SENATE,

HB 1373. By Representatives Johnson, Benef ield, Lee, Wood of the 72nd and Nix of the 20th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to define the term "licensee"; to clarify certain exceptions; to change the requirements relating to licenses on inactive status; to provide that the Commission shall deposit fees it collects into the State treasury and to authorize the Commission to allow a non-State agency to collect all or a portion of an examination fee.

HB 1503. By Representative Nichols of the 27th:
A bill to provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County.

HB 1517. By Representative Colbert of the 23rd:
A bill to amend an Act approved December 15, 1871, creating the City Court of Atlanta, as amended by an Act approved September 6, 1891, creating the Criminal Court of Atlanta, as amended, by an Act approved August 20, 1913, establishing the Municipal Court of the City of Atlanta, as amended by an Act approved July 31, 1925, establishing the Fulton Section of the Municipal Court of Atlanta.

HB 1598. By Representatives Milford of the 13th, Russell of the 64th, Clark and Mann of the 13th:
A bill to create the Oconee County Public Utility Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and the construction, maintenance and operation of sewerage treat ment facilities and other related facilities to individuals, public and private corporations and municipal corporations.

HB 1599. By Representatives Harrison of the 20th, Kaley of the 19th, Nix and Isakson of the 20th and Cooper of the 19th:
A bill to amend Code Chapter 91 A-17, relating to school taxation, so as to provide that in all counties of this State having a population of not less than 190,000 nor more than 300,000, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis.

HB 1600. By Representative Ramsey of the 3rd: A bill to create the Murray County Water and Sewer Authority.

HB 1602. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act changing the compensation of the recorder of the City of Dalton, so as to change the compensation of the recorder.

FRIDAY, FEBRUARY 8, 1980

1069

HB 1616. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the State Court of Spalding County, so as to change the terms of said court; to provide for six-man juries and procedure related thereto.

HB 1615. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating a small claims court for Spalding County, so as to change certain fees and costs.

HB 1624. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Pro bate Court of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the judge of the probate court.

HB 1625. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk; to authorize the clerk to participate in the Group Retirement and Hospitalization Benefit programs.

HB 1626. By Representative Vaughn of the 57th:
A bill to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the powers of the court; to change the time within which the clerk is required to remit fines and forfeitures.

HB 1627. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner.

HB 1628. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to authorize the tax commissioner to participate in the Group Retirement and Hospitalization Benefit programs.

HB 1629. By Representative Vaughn of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an an nual salary, so as to change the compensation of the sheriff; to authorize the sheriff to participate in the Group Retirement and Hospitalization Benefit programs.

1070

JOURNAL OF THE SENATE,

HB 1630. 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 compensation of the chairman and the other members of the board of commissioners.

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

HR 517. By Representative Canty of the 38th:
A resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to issue and sell revenue bonds subject to and in ac cordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the "Revenue Bond Law of 1937".

HR 591. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Dalton who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per an num, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said city.

HR 592. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Dalton Development Authority.

HR 596. By Representatives Cooper of the 19th, Burruss of the 21 st, Kaley of the 19th and others: A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $ 1,000.00 from all City of Austell ad valorem taxes.
HR 625. By Representatives Wood, Jackson and Lawson of the 9th: A resolution proposing an amendment to the Constitution so as to provide for a board of elections in Hall County.
HR 631. By Representative Vaughn of the 57th: A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Rockdale County Public Facilities Authority.

FRIDAY, FEBRUARY 8, 1980

1071

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

SB 580. By Senators Coverdell of the 40th, Riley of the 1st, Holloway of the 12th and others:
A bill to amend an Act known as the "Children and Youth Act", as amend ed, so as to provide that county juvenile detention centers shall be transfer red to the Department of Human Resources, Division of Family and Children Services, on a certain date and shall be operated as facilities of said Department and Division after said date.
Referred to Committee on Human Resources.

SB 581. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to amend Code Chapter 27-2, relating to arrests, as amended, so as to provide for the circumstances under which physical force and deadly physical force may be used to effect an arrest by peace officers, persons assisting peace officers and private persons. Referred to Committee on Judiciary.
SB 582. By Senators Starr of the 44th, Gillis of the 20th and Howard of the 42nd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, as amended, so as to differentiate between habitual offenders and others for the purposes of awarding earned time. Referred to Committee on Offender Rehabilitation.

SR 325. By Senator Robinson of the 27th:
A resolution proposing an amendment to the Constitution so as to create within the General Assembly a Joint Committee for Review of Ad ministrative Rules and to provide for the powers, duties, authority, practices and procedures of the committee, including the power to suspend rules and regulations; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 331. By Senators Greene of the 26th, Evans of the 37th and Riley of the 1st:
A resolution creating the Senate Music Recording Industry Study Commit tee. Referred to Committee on Rules.

1072

JOURNAL OF THE SENATE,

The following bills and resolutions of the House were read the first time and refer red to committees:
HB 1373. By Representatives Johnson, Benefield, Lee and Wood of the 72nd and Nix of the 20th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to define the term "licensee"; to clarify certain exceptions; to change the requirements relating to licenses on inactive status; to provide that the Commission shall deposit fees it collects into the State treasury and to authorize the Commission to allow a non-State agency to collect all or a portion of an examination fee.
Referred to Committee on Industry, Labor and Tourism.

HB 1503. By Representative Nichols of the 27th:
A bill to provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County. Referred to Committee on Community Affairs.
HB 1517. By Representative Colbert of the 23rd:
A bill to amend an Act approved December 15, 1871, creating the City Court of Atlanta, as amended by an Act approved September 6, 1891, creating the Criminal Court of Atlanta, as amended,, by an Act approved' August 20, 1913, establishing the Municipal Court of the City of Atlanta, as amended by an Act approved July 31, 1925, establishing the Fulton Section of the Municipal Court of Atlanta. Referred to Committee on Community Affairs.
HB 1598. By Representatives Milford of the 13th, Russell of the 64th, Clark and Mann of the 13th:
A bill to create the Oconee County Public Utility Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and the construction, maintenance and operation of sewerage treat ment facilities and other related facilities to individuals, public and private corporations and municipal corporations. Referred to Committee on Community Affairs.
HB 1599. By Representatives Harrison of the 20th, Kaley of the 19th, Nix and Isakson of the 20th and Cooper of the 19th:
A bill to amend Code Chapter 91A-17, relating to school taxation, so as to provide that in all counties of this State having a population of not less than 190,000 nor more than 300,000, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis. Referred to Committee on Community Affairs.

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HB 1600. By Representative Ramsey of the 3rd:
A bill to create the Murray County Water and Sewer Authority. Referred to Committee on Community Affairs.

HB 1602. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act changing the compensation of the recorder of the Ci ty of Dalton, so as to change the compensation of the recorder. Referred to Committee on Community Affairs.

HB 1615. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating a small claims court for Spalding County, so as to change certain fees and costs. Referred to Committee on Community Affairs.

HB 1616. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the State Court of Spalding County, so as to change the terms of said court; to provide for six-man juries and procedure related thereto. Referred to Committee on Community Affairs.

HB 1624. By Representative Vaughn of the 57th: A bill to amend an Act providing an annual salary for the judge of the Pro bate Court of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the judge of the probate court.
Referred to Committee on Community Affairs.
HB 1625. By Representative Vaughn of the 57th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk; to authorize the clerk to participate in the Group Retirement and Hospitalization Benefit programs.
Referred to Committee on Community Affairs.
HB 1626. By Representative Vaughn of the 57th: A bill to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the powers of the court; to change the time within which the clerk is required to remit fines and forfeitures.
Referred to Committee on Community Affairs.

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HB 1627. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner. Referred to Committee on Community Affairs.

HB 1628. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to authorize the tax commissioner to participate in the Group Retirement and Hospitalization Benefit programs.
Referred to Committee on Community Affairs.

HB 1629. By Representative Vaughn of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff; to authorize the sheriff to participate in the Group Retirement and Hospitalization Benefit programs.
Referred to Committee on Community Affairs.

HB 1630. 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 compensation of the chairman and the other members of the board of commissioners. Referred to Committee on Community Affairs.

HR 517. By Representative Canty of the 38th:
A resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to issue and sell revenue bonds subject to and in ac cordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the "Revenue Bond Law of 1937". Referred to Committee on Community Affairs.
HR 591. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Dalton who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per an num, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said city. Referred to Committee on Community Affairs.

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HR 592. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Dalton Development Authority. Referred to Committee on Community Affairs.

HR 596. By Representatives Cooper of the 19th, Burruss of the 21 st, Kaley of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $ 1,000.00 from all City of Austell ad valorem taxes.
Referred to Committee on Community Affairs.

HR 625. By Representatives Wood, Jackson and Lawson of the 9th:
A resolution proposing an amendment to the Constitution so as to provide for a board of elections in Hall County. Referred to Committee on Community Affairs.

HR 631. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Rockdale County Public Facilities Authority. Referred to Committee on Community Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President: Your Committee on Agriculture has had under consideration the following bills of
the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 566. Do pass. SB 567. Do pass. SB 568. Do pass. HB 1286. Do pass. HB 1287. Do pass. HB 1509. Do pass as amended.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

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Mr. President:
Your Committee on Appropriations has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 246. Do pass. SR 322. Do pass as amended. HB 1245. Do pass. HB 1372. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 228. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 177. Do pass as amended.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 387. Do pass. HB 540. Do pass. HB 1271. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

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1077

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1565. Do pass. HB 1573. Do pass. HB 1597. Do pass. HR 527. Do pass. HR 568. Do pass. HR 587. Do pass. HR 476. Do pass. HR 518. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:
Your Committee on Defense and Veterans Affairs has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 570. Do pass by substitute. HR 449. Do pass by substitute. HR 79. Do pass.
Respectfully submitted,
Senator Hudson of the 35th District, Chairman

Mr. President:
Your Committee on Education has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 509. Do pass by substitute. SR 291. Do pass by substitute. HB 463. Do pass.
Respectfully submitted,
Senator Carter of the 14th District, Chairman

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Mr. President:
Your Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 536. Do pass as amended. SB 569. Do pass. HB 688. Do pass. HB 1091. Do pass. HB 1349. Do pass. HB 1392. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:
Your Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 576. Do pass as amended. SB 450. Do pass by substitute. SB 451. Do pass by substitute. SB 539. Do pass. SB 86. Do pass as amended. HB 1077. Do pass. HB 1391. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 540. Do pass. SB 557. Do pass. HB 1085. Do pass by substitute.

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1079

HR 614. Do pass.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 489. Do pass by substitute. SB 504. Do pass. SB 542. Do pass, SB 561. Do pass. HB 1137. Do pass. HB 1145. Do pass. HB 1151. Do pass by substitute. HB 1430. Do pass.
Respectfully submitted,
Senator Overby of the 49th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 328. Do pass. SB 442. Do pass. SB 460. Do pass. HB 1105. Do pass.
Respectfully submitted,
Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:

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SB 452. Do pass as amended. Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1149. Do pass. HB 1370. Do pass as amended. HB 1131. Do pass.
Respectfully submitted,
Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 244. By Senators Sutton of the 9th, Barnes of the 33rd and Johnson of the 34th:
A bill to amend Code Section 92-2703, relating to assessment of railroad company property, so as to change the assessment formula; to amend Code Section 91A-2211, relating to assessment of railroad company property, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code.
SB 523. By Senators Robinson of the 27th, Greene of the 26th, Johnson of the 34th and others:
A bill to amend Code Section 26-1704, relating to bad checks, as amended, so as to provide that it shall be prima facie evidence that the accused knew the instrument would be dishonored if notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address on the instrument or given by the accused at the time of issuance of the instrument.
SB 525. By Senator Evans of the 37th:
A bill to amend an Act creating the State Court of Fulton County so as to create for said State Court the office of Magistrate; to provide for the powers and jurisdiction of said magistrate.

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1081

SB 538. By Senator English of the 21st:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide a penalty for failure to comply with a certain provision relating to striking unattended vehicles.

SB 543. By Senators Bell of the 5th, Sutton of the 9th, Bond of the 39th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to pro vide for a Special Investigative Grand Jury with Statewide Jurisdiction; to provide for all procedures, requirements and other matters relative to the foregoing.

SB 545. By Senator Reynolds of the 48th:
A bill to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, so as to provide for a penalty for failure to register a motor vehicle in a timely manner as provided by law; to provide a penalty for completing an application for registration with false informa tion.

SB 552. By Senator Wessels of the 2nd:
A bill to amend an Act known as the "Georgia Professional Corporation Act" so as to expand coverage to include by its terms the profession of con ducting vessels inward to and outward from the several coastal ports and rivers of this state and commonly referred to as "piloting"; to provide an ef fective date.

SB 545. By Senator Reynolds of the 48th:
A bill to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, so as to provide for a penalty for failure to register a motor vehicle in a timely manner as provided by law; to provide a penalty for completing an application for registration with false informa tion.

SB 552. By Senator Wessels of the 2nd:
A bill to amend an Act known as the "Georgia Professional Corporation Act" so as to expand coverage to include by its terms the profession of con ducting vessels inward to and outward from the several coastal ports and rivers of this state and commonly referred to as "piloting"; to provide an ef fective date.

SB 5 71. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations and respon sibilities for the Newton County Industrial Development Authority by designating said Authority as a Development Authority within the meaning of the Act known as the "Development Authority Law", as amended.

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SB 572. By Senator Broun of the 46th:
A bill to amend an Act creating the board of commissioners of Oconee County, as amended, so as to reconstitute the board.

SB 573. By Senator Bryant of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city as amended, so as to change the terms of office for the mayor and all city councilmen.

SR 298. By Senator Kidd of the 25th: A resolution designating the George S. Carpenter Bridge.

SR 315. By Senator Lester of the 23rd:
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, as amended, that occur in the County of Richmond; to provide for the submission of this amendment for ratification or rejection.
SR 318. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Powder Springs Downtown Development Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection.

HB 632. By Representatives Wood, Lee and Benefield of the 72nd and others;
A bill to amend Code Section 41A-309, relating to reports to the Department of Banking and Finance, publication and penalties, so as to provide that the publication shall be made in the legal organ in the county of the registered office of the financial institution.

HB 327. By Representative Knight of the 67th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to provide that active members who have waived their claim for services in the armed forces of the United States of America, not to exceed four years, and services as a peace officer, other than as a sheriff, not to exceed four years, may claim credit for such services as a basis for future retirement.
HB 815. By Representatives Hasty of the 8th, Smith of the 152nd and Johnson of the 66th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title

FRIDAY, FEBRUARY 8, 1980

1083

Act" so as to define a homemade trailer for the purposes of the Act; to ex clude homemade trailers from the operation of the Act.

HB 1069. By Representatives Twiggs and Colwell of the 4th: A bill to create the Georgia Mountain Fair Authority of Towns County.

HB 1113. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend "The Georgia Justice Courts Training Council Act," so as to redefine the term "justice of the peace" to include small claims court judges who are not practicing attorneys.

HB 1132. By Representatives Ramsey of the 3rd, Coleman of the 118th and Hanner of the 130th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", so as to provide for the certification by the Georgia Peace Officer Standards and Training Council of certain persons operating radar speed detection devices.

HB 1180. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act comprehensively revising the laws relating to sub poenas and other like processes and providing for the attendance of witnesses and the fees thereof, so as to provide for the amount to be allotted per mile for traveling expenses for witnesses.

HB 1195. By Representatives Home of the 104th, Phillips of the 120th, Johnson of the 72nd and others:
A bill to amend Code Section 91A-236, relating to the date for payment of tax or making return when the due date falls on a Saturday, Sunday, or legal holiday, so as to provide for the postponement of the payment of taxes of license fees on automobiles, trucks, and trailers when the date for payment falls on a Saturday, Sunday, or legal holiday.

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickeness policies and plans provide con version privileges for insured former spouses.

HB 1302. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles so as to provide for handicapped parking; to provide for a short title; to define

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JOURNAL OF THE SENATE,
terms; to provide for a system of handicapped parking permits to be ad ministered by the Department of Public Safety.

HB 1420. By Representatives Lane of the 81st, Triplet! of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to allow the Department of Transportation to lease parking facilities constructed by the Department to any rapid transit authority created by the General Assembly.

HB 1421. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to allow the Department, county or municipality to negotiate a lease for the rental to the owner or occupant of real property un til such property is needed for public road or other transportation purposes.

HB 1455. By Representatives Johnson of the 74th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Code Section 13-207.1, relating to bank holding companies, to as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger.

HB 1504. By Representative Crosby of the 150th:
A bill to amend an Act consolidating the office of tax receiver and tax collec tor of Clinch County into the office of tax commissioner of Clinch County, so as to authorize the board of commissioner within certain limits.

HB 1505. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman of the board.

HB 1516. By Representatives Bostick and Veazey of the 146th:
A bill to provide a new Charter for the City of Cecil in the County of Cook; to provide for the corporate powers of said city.

HB 1528. By Representatives Bostick and Veazey of the 146th:
A bill to amend an Act creating and establishing a Charter for the Town of Lenox, so as to change the provisions relating to the election of the mayor and councilmen.

FRIDAY, FEBRUARY 8, 1980

1085

HB 1595. By Representative Adams of the 79th:
A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements.

HB 1596. By Representative Kemp of the 139th:
A bill to provide for the election of members of the Board of Education of Mclntosh County.

HR 297. By Representative Adams of the 79th:
A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Thomaston, Georgia, as the "Leon Smith Bridge".

HR 458. 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 a homestead exemption of $8,000.00 from all Houston-County and Houston County School District ad valorem taxes for each resident of Houston Coun ty 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 $10,000.00, exclusive of certain retirement, survivor, disability and pension benefits.

HR 573. By Representative Lord of the 105th:
A resolution designating a certain bridge as the W. B. Smith Memorial Bridge.

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 546. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor in connection with the preparation, adoption, or veto of annual budgets for the operation 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 46, nays 0.

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JOURNAL OF THE SENATE,

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

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act creating the Magistrate's Court of Baldwin County so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 548. By Senator Kidd of the 25th: A bill to amend an Act creating a board of commissioners of Baldwin Coun ty, as amended, so as to provide for the election of board members from districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 549. By Senator Wessels of the 2nd: ^^fe ^ A bill to amend an Act creating a new charter for the Town of Thunderbolt so as to change the corporate limits of the town; to provide for a referendum to be held within and without the town.
Senator Wessels of the 2nd offered the following amendment:
Amend SB 549 by striking on Page 3, line 23 the word "than" and inserting in lieu thereof the word "then".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

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

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

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

SB 550. By Senator Wessels of the 2nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt so as to change certain provisions relating to the maximum amount of ad valorem tax which may be levied by said town; 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 46, nays 0.

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

SB 554. By Senator Bryant of the 3rd:
A bill to amend an Act creating the Commissioners for Mclntosh County, as amended, so as to change certain provisions relating to the filling of vacan cies.

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

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

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

SB 555. By Senator Bryant of the 3rd: A bill to amend an Act creating the board of commissioners of Mclntosh County, as amended, so as to change certain provisions relating to approval of officer's bonds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

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

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

SB 559. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county.

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

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority , was passed.

SB 560. By Senator Kidd of the 25th;
A bill to amend an Act creating and establishing a Small Claims Court of Jasper County so as to change the provisions relating to the jurisdiction of such court; to change the provisions relating to the judge; to change the pro visions relating to vacancies and substitute judges.

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

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1039. By Representative Twiggs of the 4th:
A bill to repeal an Act creating the Towns County Industrial Development Authority.

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

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

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

FRIDAY, FEBRUARY 8, 1980
HB 1237. By Representative Phillips of the 59th: A bill to create a new charter for the Citv of Lilburn.

1089

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

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

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

HB 1386. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, 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 46, nays 0.

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

HB 1387. By Representatives Buck of the 95th, Thompson of the 96th, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, 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 46, nays 0.

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

HB 1490. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act providing for the numbering of positions of member ship on the Cherokee County Board of Education, so as to change the method of electing members of the Board of Education of Cherokee County.

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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 46, nays 0.

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

HB 1491. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to amend an Act creating the office of Commissioner of Cherokee County, so as to change the compensation of the Commissioner of said county.

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

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

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

HB 1492. By Representatives Anderson, Harris and Hasty of the 8th:
A bill to provide a new charter for the City of Holly Springs in the County of Cherokee.

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

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

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

HB 1511. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the compensation of the judge and solicitor.

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

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

FRIDAY, FEBRUARY 8, 1980

1091

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

HB 1514. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to make the provisions thereof pertaining to elec tions conform to the provisions of the Georgia Municipal Election Code; to provide for elections in odd-numbered years.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1515. By Representatives Twiggs and Col well of the 4th: A bill to amend an Act placing the Clerk of the Superior Court of Rabun 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1518. By Representatives Ware of the 68th and Mullinax of the 69th: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 1519. 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

HB 1520. 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, clerk of the superior court, tax commissioner and 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 46, nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 1524. By Representatives Murray of the 116th and Castleberry of the 111th: A bill to amend an Act creating and establishing a small claims court in and for Sumter County, so as to change the provisions relating to service of pro cess; to change the provisions relating to certain fees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1525. By Representatives Murray of the 116th and Castleberry of the 111th: 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.

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1093

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

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

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

HB 1526. By Representatives Murray of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Sumter County into the one office of tax commissioner, so as to change the compensation provisions relating to the tax commissioner.

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

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

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

HB 1545. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1546. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act placing the Sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and of fice 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 46, nays 0.

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

HB 1547. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act creating a Board of Commissioners of Bulloch Coun ty, so as to change the provisions relative to the compensation of the clerical assistants.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1548. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerical employee 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1549. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 8, 1980

1095

HB 1550. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.

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

On the passage of the bill, the yeas were 46, 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 Barker Barnes Bell Brantley Brown of 47th Carter Cobb English Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Holloway Horton Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Turner Walker Wessels

Those not answering were Senators:

Bond Broun of 46th Bryant Coverdell Dean

Eldridge Evans Howard Hudgins Johnson

Russell Stumbaugh Timmons Tysinger

Senator McGill of the 24th introduced the chaplain of the day, Reverend Albert W. Huyck, Jr., pastor of First Baptist Church, Washington, Georgia, who offered Scripture reading and prayer.

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The following resolutions were read and adopted:
SR 324. By Senator Johnson of the 34th: A resolution expressing regret at the passing of Honorable Ferrol A. Sams, Sr.
SR 326. By Senators Gillis of the 20th, Scott of the 43rd and Tysinger of the 41st:
A resolution expressing sorrow at the passing of the Honorable William H. Kimbrough.

SR 327. By Senator Howard of the 42nd: A resolution expressing regret at the passing of Honorable John Wesley Weekes.
SR 328. By Senator Howard of the 42nd: A resolution expressing regret at the passing of Honorable William Hugh McWhorter.

SR 329. By Senators Scott of the 43rd, Howard of the 42nd and Stumbaugh of the 55th:
A resolution commending Mrs. Ruth Barber.

Senator Starr of the 44th assumed the Chair at the direction of the President.

SENATE RULES CALENDAR
Friday, February 8, 1980
TWENTY-SIXTH LEGISLATIVE DAY
SB 60. Civil Case Procedures--depositions upon oral examination (AMENDMENT) (S Judy-33rd)
SB 344. Possession of Controlled Substances--penalty provisions (SUBSTITUTE) (Judy--25th)
SB 470. Idle Public Funds of Local Governments--provide for investment (SUBSTITUTE) (BF&I-23rd)
SB 498. Medical Education Board--successor to existing Medical Education Board (Judy--12th)
SB 499. Board of Regents--grant certain scholarships (Judy--12th) SB 500. Elderly Attending University System--no fees with certain exceptions
(Judy--12th)
SB 518. Judgment Against unincorporated Associations--not against individual property (SUBSTITUTE)Qudy-- 14th)

FRIDAY, FEBRUARY 8, 1980

1097

SB 532. Motor Vehicle Tags--time period agents to submit reports to commissioner (SUBSTITUTE) (Gov Op--25th)
SB 533. Motor Vehicle Title--time period tag agents to submit reports to commissioner (SUBSTITUTE) (Gov Op--25th)
SR 275. Loans to Certain Small Businesses--General Assembly provide program (IL&Tou--37th)
SR 294. Energy Regulatory Reform Commission--create (Pub U--46th)
HB 62. County Board of Tax Assessors--power to appeal decisions (BF&I--46th)
HB 195. Public School Year--change provisions relative to length (AMENDMENT) (Ed--45th)
HB 393. Local Boards of Education--extend personnel sick leave (Ed--38th)
HB 407. Deceptive Practices in Sale of Business Opportunities--prevent (SUBSTITUTE) (S Judy-33rd)
HB 895. Board of Education --procedures for standards in teacher education programs (HEd--51st)
HB 1020. Court Reporting Act--change temporary employment permits provisions (Judy--26th)
HB 1090. Superior Court Judges Educational Programs --expenses (SUBSTITUTE) (Judy-49th)
HB 1101. Hospital Services Nonprofit Corporation Directors--define (AMENDMENT) (Hum R-26th)
HB 1138. Judicial Circuit District Attorney--county may supplement salary (AMENDMENT) (S Judy-34th)
HB 1143. Special Municipal Elections--failure validly to take office (Gov Op-- 25th)
HB 1155. Controlled Substances Act--additional crimes (SUBSTITUTE) (Judy-42nd)
HB 1166. Marketing of Eggs--contents of label attached to each case (Ag-- 19th)
HR 296. Joe E. Brown--display of portrait (Gov Op--25th)

HR 491. Atlanta Office, Coordination Council for North American Affairs, Republic of China--relative to (Gov Op--25th)

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

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

SB 60. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial procedures in civil cases, as amended, so as to change the provisions relating to deposi tions upon oral examination; to require that leave of court must be obtained after a certain time period; to restrict the use of interrogatories to parties.

The Senate Committee on Special Judiciary offered the following amendment:
Amend SB 60 by striking on Page 2, line 18 and Page 3, line 2 the figure "25" and substituting in lieu thereof the figure "50".
On the adoption of the amendment. Senator Langford of the 51st called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Carter Coverdell Eldridge English

Gillis Greene Holloway Horton Johnson Kennedy Kidd Lester Littlefield McGill

Paulk Riley Robinson Russell Stumbaugh Summers Tate Timmons Turner Wessels

Those voting in the negative were Senators:

Barnes Broun of 46th Brown of 47th Cobb Dean Fincher of 52nd

Fincher of 54th Foster Hill Hudson Langford Overby

Reynolds Scott Stephens Thompson

Those not voting were Senators:

Bryant Evans Howard

Hudgins Land Starr (presiding)

Sutton Ty singer Walker

On the adoption of the amendment, the yeas were 30, nays 16, and the amendment was adopted.

FRIDAY, FEBRUARY 8, 1980

1099

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond .Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Hill Holloway Horton Hudson Kennedy Kidd Land Langford Littlefield McGill Overby

Paulk Reynolds Riley Russell Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Wessels

Those voting in the negative were Senators:

Greene Johnson Lester

Those not voting were Senators:

Bryant Eldridge Howard

Hudgins Robinson Starr (presiding)

Summers Tysinger Walker

On the passage of the bill, the yeas were 43, nays 3.

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

Senator Kidd of the 25th moved that the following bill of the Senate be immediate ly transmitted to the House:

SB 548. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin Coun ty, as amended, so as to provide for the election of board members from

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districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 548 was im mediately transmitted to the House.

The President resumed the Chair.

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

SB 344. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-8, known as the "Georgia Controlled Substances Act", as amended, so as to change the penalty provisions relating to certain prohibited acts; to provide for fines; to provide for mandatory fines and terms of imprisonment for conviction of certain crimes; to provide for reduction or suspension of sentences under certain circumstances.

The Senate Committee on Judiciary offered the following substitute to SB 344:

A BILL
To be entitled an Act to amend Code Section 79A-811, as amended, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for certain violations thereof; to provide procedures connected with the foregoing; to provide an effective date; to repeal conflic ting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 79A-811, as amended, relating to acts pro hibited under the Georgia Controlled Substances Act, is hereby amended by striking in its entirety said section and substituting in lieu thereof a new Code Section 79A-811 to read as follows:
"79A-811. Prohibited acts, (a) Except as authorized by this Chapter, it is unlawful for any person to possess or have under his control any con trolled substance.
(b) Except as authorized by this Chapter, it is unlawful for any per son to manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute any controlled substance.
(c) Except as hereinafter provided otherwise, any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more

FRIDAY, FEBRUARY 8, 1980

1101

than 15 years. Upon conviction of a second or subse quent offense he shall be imprisoned for not less than five years nor more than 30 years.
(d) Except as hereinafter provided otherwise, any person who violates Section 79A-811 (b) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense he shall be imprisoned for life.
(e) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subse quent offense he shall be guilty of a felony and shall be punished by im prisonment for not less than five years nor more than 30 years.
(f) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years.
(g) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule III, IV, or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent of fense he shall be imprisoned for not less than one year nor more than ten years.
(h) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(i) Except as authorized by this Chapter, it is unlawful for any per son to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(j) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, as described in Schedule II, in violation of this Chapter, shall be guilty of the felony of 'Trafficking in Cocaine.' If the quantity of the co caine or mixture involved:
(1) Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $50.000.
(2) Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and to pay a fine of $ 100,000.

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(3) Is 400 grams or more, such person shall be sentenced to a man datory minimum term of imprisonment of 15 years and to pay a fine of $250,000.
(k) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedule I and Schedule II, or four grams or more of any mixture con taining any such substance, in violation of this Chapter, shall be guilty of the felony of 'Trafficking in Illegal Drugs.' If the quantity of such substances involved:
(1) Is four grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $50,000.
(2) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and to pay a fine of $ 100,000.
(3) Is 28 grams or more, such person shall be sentenced to a man datory minimum term of imprisonment of 25 years and to pay a fine of $500,000.
(1) Marijuana. (1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana.
(2) Except as otherwise provided in this subsection or as provided in Section 79A-9917, any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than'one year nor more than ten years.
(3) Any person who knowingly sells, manufactures, grows, delivers, or brings into this State, or who is knowingly in actual constructive possession of, in excess of 100 pounds of marijuana shall be guilty of the felony of 'Trafficking in Marijuana.' If the quantity of marijuana involv ed:
(a) Is in excess of 100 pounds, but less than 2,000 pounds, such per son shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $25,000.
(b) Is 2,000 pounds or more, but less than 10,000 pounds, such per son shall be sentenced to a mandatory minimum term of imprisonment of ten years and to pay a fine of $50,000.
(c) Is 10,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $200,000."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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1103

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 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield Overby

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

Those not voting were Senators:

Bryant Gillis Hudgins

Johnson McGill Paulk

Robinson Turner Tysinger

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 470. By Senators Lester of the 23rd, Holloway of the 12th, Gillis of the 20th and others: A bill to provide for the investment of idle public funds of local govern ments; to provide a short title; to state findings and purpose; to define cer-

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tain terms; to authorize certain investments of local funds; to place certain conditions upon investment of local funds; to authorize interfund pooling under certain circumstances.

The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 470;
A BILL
To be entitled an Act to provide for the investment of idle public funds of local governments; to provide a short title; to state findings and purpose; to define certain terms; to authorize certain investments of local funds; to place certain conditions upon investment of local funds; to authorize interfund pooling under certain circumstances; to authorize state assistance; to create a local government investment pool within state government; to pro vide for administration of the pool; to authorize the promulgation of certain rules and regulations; to provide for investment of funds in the pool; to specify procedures; to provide for payments of accumulated income; to specify certain powers of the director, Fiscal Division, Department of Ad ministrative Services; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be known and may be cited as the "Local Government Investment Pool Act."
Section 2. Findings and purpose, (a) The General Assembly finds that the public interest is served by maximum and prudent investment of idle public funds so that the need for taxes and other public revenues is decreased commensurately with the earnings on such investments.
(b) The purpose of this Act is to secure the maximum public benefit from the deposit and investment of public funds and, in furtherance of such purposes, to:
(1) Authorize the State Depository Board to establish and maintain a continuing statewide policy for the deposit and investment of public funds under its control.
(2) Establish a state administered pool for the investment of local government funds.
(3) Authorize the investment of local public funds through the local government investment pool created by this Act.
(c) The General Assembly finds that the objectives of this Act will best be obtained through improved money management, emphasizing the primary requirements of safety and liquidity and recognizing the different investment objectives of operating and permanent funds and the effect of the investment of public funds within the state or its localities upon respective state and local social and economic conditions.

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Section 3. Definitions. As used in this Act:
(1) "Depository institution" means any commercial bank or trust company, mutual savings bank, savings and loan association, or building and loan association existing under the laws of this state or of the United States and domiciled in this state.
(2) "Local government" means any municipality, county, school district, special district, or other political subdivision of this state.
Section 4. Investment authority, (a) Subject to the procedures set forth in this Act, the governing authority of any local government may invest and reinvest any money subject to its control and jurisdiction in:
(1) Obligations of this state or of other states.
(2) Obligations issued by the United States.
(3) Obligations fully insured or guaranteed by the United States or a United States government agency.
(4) Obligations of any corporation of the United States government.
(5) Prime bankers' acceptances.
(6) The local government investment pool established by Section 8 of this Act.
(7) Repurchase agreements.
(8) Obligations of other political subdivisions of this state.

(b) The governing authority of any local government, by resolution or ordinance, may delegate the investment authority provided under subsec tion (a) of this section to the treasurer or other financial officer charged with custody of the funds of the local government.
(c) In selecting among avenues of investment, or among institutional bids for deposits, the highest rate of return shall be the objective, given equivalent conditions of safety and liquidity.
(d) The provisions of this section in no way shall impair the power of a unit of local government to hold funds in deposit accounts with eligible depository institutions.
Section 5. Collateral conditions. Local governments shall require from a depository institution a pledge of collateral as provided in Code Chapter 89-8.
Section 6. Interfund pooling for investment purposes, (a) Local govern ments may effect, and are encouraged to effect, temporary transfers among separate funds for the purpose of pooling amounts available for investment.

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(b) This pooling may be accomplished through interfund advances and other appropriate means consistent with recognized principles of govern mental accounting if:
(1) Moneys are available for the investment period required;
(2) The investment fund can repay the advance by the time needed;
(3) The transactions are fully and promptly recorded;
(4) The interest earned is credited to the loaning or advancing fund; and
(5) The transaction does not violate Section 8(d) of this Act with respect to prior agreements, laws, or covenants which may restrict pool ing-

Section 7. State technical assistance and review. The State Depository Board through the director, Fiscal Division, Department of Administrative Services, may assist local governments in developing effective cash manage ment policies and in investing funds that are temporarily in excess of operating needs by:
(a) Explaining investment opportunities provided by the local govern ment investment pool to local governments through publications and other appropriate means.
(b) Informing local governments of the state's practice and experience in investing short-term funds.
(c) Providing technical assistance in consultation with the Department of Community Affairs in the investment of idle funds to municipalities and counties that request such assistance.

Section 8. Local government investment pool, (a) A local government investment pool is created to consist of the aggregate of all funds from local governments that are placed in the custody of the state for investment and reinvestment as provided in this Act.
(b) (1) The investment policies for the local government investment pool shall be established by the State Depository Board.
(2) The director, Fiscal Division, Department of Administrative Ser vices, shall administer the local government investment pool on behalf of the participating local governments.
(3) The director shall develop such procedures consistent with the policies outlined in Section 8(b)(l), as he deems necessary for the efficient administration of the pool including, but not limited to:
(A) Specification of minimum amounts which may be deposited in the pool and minimum periods of time for which deposits shall be retain ed in the pool.

FRIDAY, FEBRUARY 8, 1980

1107

(B) Payment of amounts equivalent to administrative expenses from the earnings of the pool.
(C) Distribution of the earnings in excess of such expenses, or alloca tion of losses, to the several participants in a manner which equitably reflects the differing amount of their respective investments and the dif fering periods of time for which such amounts were in the custody of the pool.
(D) Procedures for the deposit and withdrawal of funds.
(c) The director shall invest moneys in the local government investment pool with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for invest ment, considering first the probable safety of their capital and then the prob able income to be derived. Specifically, the types of authorized investments for pool assets shall be limited to those set forth for local governments in Sec tion 4 of this Act.
(d) (1) The governing authority of any local government having funds which are available for investment and which are not required by law or by any covenant or agreement with bondholders or others to be segregated and invested in a different manner may direct its financial of ficer to remit such funds to the director for investment as part of the local government investment pool.
(2) Upon determination by the local governing authority that it is in the best interest of the local government to deposit funds in the invest ment pool, it shall adopt and file with the director a certified copy of a resolution or ordinance authorizing investment of its funds in the invest ment pool. The resolution or ordinance shall name the local government official or officials responsible for deposit and withdrawal of such funds.
(3) The resolution or ordinance filed with the director shall be ac companied by a statement as to the approximate cash flow requirements of the local government for the invested funds. Subsequent deposits into the investment pool shall be accompanied by a statement as to the intend ed duration of the investment or the anticipated date of withdrawal of the funds from the pool.
(e) A separate account designated by name or number for each partici pant in the fund shall be kept to record individual transactions and totals of all investments belonging to each participant. A monthly report showing the changes in investments made during the preceding month shall be furnished to each participant having a beneficial interest in the investment pool. Details of any investment transaction shall be furnished to any participant upon request.
(f) The principal and credited income of each account maintained for a participant in the investment pool shall be subject to payment at any time from the pool upon request, subject to the procedures developed in ac cordance with Section 8(b)(3). Accumulated income shall be credited to each participant account at least monthly.

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(g) Except as provided in this section, all instruments of title of all in vestments of the investment pool shall remain in the custody of the director, Fiscal Division, Department of Administrative Services. The director may deposit with one or more fiscal agents or banks those instruments of title he considers advisable, to be held in safekeeping by the agents or banks for col lection of the principal and interest or other income, or of the proceeds of sale. The director shall collect the principal and interest or other income from investments of the investment pool, the instruments of title to which are in his custody, when due and payable.
(h) In the event of default in the payment of principal or interest or other income of any investment of the investment pool, the director may:
(1) Institute the proper proceedings to collect the matured principal or interest or other income.
(2) Accept for exchange purposes refunding bonds or other evidences of indebtedness at interest rates to be agreed upon by the direc tor and the obligor.
(3) Make compromises, adjustments, or disposition of the matured principal or interest or other income as the director considers advisable for the purpose of protecting the moneys invested.
(4) Make compromises or adjustments as to future payments of prin cipal or interest or other income as the director considers advisable for the purpose of protecting the moneys invested.
(i) No payment may be issued upon any account in an amount greater than the sum total of the particular account to which it applies. If such pay ment is issued, the director shall be personally liable under his official bond for the entire overdraft resulting from the payment if made.
(j) Subject to the objectives and requirements of this section, the direc tor shall formulate procedures for the investment and reinvestment of funds in the investment pool and the acquisition, retention, management, and disposition of investments of the investment pool.

(k) Funds in the local government investment pool may be consolidated with state funds under the control of the director for investment purposes provided that accurate and detailed accounting records are maintained for the funds of each participating local government and that a proportionate amount of interest earned is credited to the local government investment pool and the accounts therein.
(1) The provisions of this section shall become effective only when funds are appropriated by the General Assembly or otherwise become available to the department to defray the initial costs in establishing the pool authorized by this section.
Section 9. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sec-

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1109

tions, 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 unconstitu tional.
Section 10. Effective date. This Act shall become effective January 1, 1981.
Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 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 Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson
Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Walker Wessels

Those not voting were Senators:

Bryant Hudgins

Johnson Turner

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

Tysinger

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

Senator Lester of the 23rd moved that SB 470 be immediately transmitted to the House.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 470 was im mediately transmitted to the House.
SB 498. 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 Education Board; to provide for a Secretary and Treasurer of the Board and clerical assistance.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Walker Wessels

Those not voting were Senators:

Bryant Foster Hudgins

Johnson Russell Thompson

Turner Tysinger

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

FRIDAY, FEBRUARY 8, 1980

1111

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

SB 499. 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 repeal a specific Act.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 54th Gillis Greene Holloway Horton Hudson
Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Scott Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Turner Walker

Those not voting were Senators:

Bryant Fincher of 52nd Foster Hill

Howard Hudgins Johnson Langford

Russell Timmons Tysinger Wessels

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 500. By Senator Holloway of the 12th:
A bill to provide for a program for elderly citizens of this State to attend units of the University System of Georgia without payment of fees with cer tain exceptions; to provide for a short title.

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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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Cobb Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester

Those not voting were Senators:

Bryant Carter English Hudgins

Paulk Riley Russell Timmons

Littlefield McGill Overby Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Walker
Ty singer Wessels

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 518. By Senator Carter of the 14th:
A bill to amend an Act providing for actions by or against unincorporated organizations or associations, as amended, so as to provide that a judgment rendered against an unincorporated organization or association shall not be enforced against the individual property of any member of such unin corporated organization or association.
The Senate Committee on Judiciary offered the following substitute to SB 518:

FRIDAY, FEBRUARY 8, 1980

1113

A BILL
To be entitled an Act to amend an Act providing for actions by or against unincorporated organizations or associations, approved February 13, 1959 (Ga. Laws 1959, p. 44), as amended, so as to provide that a judg ment rendered against an unincorporated religious organization or associa tion shall not be enforced against the individual property of any member of such unincorporated organization or association; 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 actions by or against unincorporated organizations or associations, approved February 13, 1959 (Ga. Laws 1959, p. 44), as amended, is hereby amended by striking from Section 5 the follow ing:
"No such judgment shall be enforced against the individual property of any member of an unincorporated association unless such member has personally participated in the transaction for which said action was in stituted.",
and inserting in lieu thereof the following:
"No such judgment shall be enforced against the individual property of any member of an unincorporated religious association. No such judg ment shall be enforced against the individual property of any member of an unincorporated association other than a religious association unless such member has personally participated in the transaction for which said action was instituted.",
so that when so amended Section 5 shall read as follows:
"Section 5. Where a judgment in such actions is rendered in favor of the plaintiff against such organizations or associations the property of such organization or association shall be liable to the satisfaction of such judgment. No such judgment shall be enforced against the individual property of any member of an unincorporated religious association. No such judgment shall be enforced against the individual property of any member of an unincorporated association other than a religious associa tion unless such member has personally participated in the transaction for which said action was instituted."
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 Carter of the 14th offered the following amendment:
Amend the substitute to SB 518 offered by the Senate Committee on Judiciary by inserting on Page 1, line 24 after the word "religious"

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"organization or" and by inserting on Page 2, line 14 after the word "religious"
"organization or".

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Broun of 46th Carter Dean English Fincher of 52nd Fincher of 54th

Foster Gillis Holloway Horton Hudson Johnson Kennedy Kidd Langford Lester

McGill Reynolds Riley Scott Starr Stephens Summers Timmons Walker

Those voting in the negative were Senators:

Barnes Bell Brantley Cobb Coverdell

Eldridge Evans Hill Howard Land

Those not voting were Senators:

Brown of 47th Bryant Greene Hudgins

Overby Russell Tate Thompson

Littlefield Paulk Robinson Stumbaugh Sutton
Turner Tysinger Wessels

FRIDAY, FEBRUARY 8, 1980 On the passage of the bill, the yeas were 29, nays 15.

1115

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 House:

HB 1252. By Representatives Sise of the 143rd, McDonald of the 12th, Veazey of the 146th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service Com mission, so as to provide and revise certain provisions and procedures relative to the provision and regulation of utility services in this state; to define certain terms; to specify a code of conduct for members of the Public Service Commission.

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

SB 532. By Senator Kidd of the 25th:
A bill to amend an Act relating to the sale of motor vehicle license plates in the various counties, as amended, so as to provide a time period within which amended, so as to provide a time period within which county tag agents must submit reports and moneys to the commissioner as to license tag applications handled and related information and to provide a penalty for failure of the county tag agents to submit said tag reports and moneys to the commissioner in a timely and proper manner.

Senator Kidd of the 25th offered the following substitute to SB 532:

A BILL
To be entitled an Act to amend an Act relating to the sale of motor vehi cle license plates in the various counties, approved March 19, 1955 (Ga. Laws 1955, p. 659), as amended, so as to provide a time period within which county tag agents must submit reports and moneys to the Commis sioner as to license tag applications handled; to provide for related informa tion; to provide a penalty for failure of the county tag agents to submit said tag reports and moneys to the Commissioner in a timely and proper manner;

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to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the sale of motor vehicle license plates in the various counties, approved March 19, 1955 (Ga. Laws 1955, p. 659), as amended, is hereby amended by adding at the end of Section 3 a new subsec tion (d) to read as follows:
"(d) All county tag agents accepting tag applications shall, within seven (7) calendar days of the close of the buiness week, submit to the Commissioner reports of the tag applications handled during the aforementioned business week and shall remit with said reports all related funds collected in conjunction with the handling of the tag ap plications and to which the Department of Revenue is entitled. The term 'business week' shall mean Monday through Friday (or Saturday, if ap plicable).
(1) Said funds received as a result of the handling of tag applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the Commissioner.
(2) Failure to submit the reports or remit the funds within the seven (7) calendar day period as provided above shall result in the penalties im posed by Code Section 91A-239.1
(3) Before the expiration of the time period within which a tag report is required to be filed with the Commissioner of funds remitted to the Commissioner, application may be made to the Commissioner who shall be authorized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports of funds due the Commissioner for a specific business week.
(4) Proof of mailing within the appropriate time periods provided for in this section, as evidenced by a United States Post Office postmark, shall be prima facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this subsection (d)."
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, was agreed to by substitute.

FRIDAY, FEBRUARY 8, 1980

1117

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd

Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

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

Those not voting were Senators:

Barnes Bryant Fincher of 54th

Holloway Hudgins Littlef ield

Tysinger Wessels

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

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

SB 533. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide a time period within which county tag agents must submit reports to the commissioner as to title applications which the county tag agents accept and handle and to provide a penalty for failure of the county tag agents to submit said reports and moneys to the commissioner in a timely and proper manner.

Senator Kidd of the 25th offered the following substitute to SB 533:
A BILL
To be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to provide a time period within which county tag agents

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must submit reports to the Commissioner as to title applications which the county tag agents accept and handle; to provide a penalty for failure of the county tag agents to submit said reports and moneys to the Commissioner in a timely and proper manner; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, is hereby amended by adding between Sections 18 and 19 a new Section ISA to read as follows:
"Section 18A. All county tag agents accepting title applications shall within three (3) work days from the close of the business day during which said applications were handled, submit to the Commissioner reports of the title applications handled during the aforementioned business day and shall remit with said reports all funds collected in con junction with the handling of the title applications and to which the Department of Revenue is entitled.
(a) Said funds received as a result of handling title applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the Commissioner.
(b) Failure to submit the reports or remit the funds within the three (3) work day period as provided above shall result in the penalties impos ed by Code Section 91A-239.1.
(c) Before the expiration of the time period within which a title report is required to be filed with the Commissioner or funds remitted to the Commissioner, application may be made to the Commissioner who shall be authorized, upon a showing of justifiable cause, to grant up to a ten (10) day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the Commissioner for a specific business day.
(d) Proof of mailing within the appropriate time period provided for in this section, as evidenced by a United States Post Office postmark, shall be prima facie proof that the tag agent has complied in a timely manner with his duties as enumerated by this section."
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 33, 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.

FRIDAY, FEBRUARY 8, 1980

1119

On the 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 Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Overby Paulk

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

Voting in the negative were Senators Lester and McGill.

Those not voting were Senators:

Bryant Fincher of 52nd Hudgins

Littlefield Robinson Tysinger

On the passage of the bill, the yeas were 46, nays 2.

Wessels

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Holloway of the 12th, President ProTempore, assumed the Chair.
SR 275. By Senators Evans of the 37th, Sutton of the 9th and Eldridge of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a program of insured or guaranteed loans or direct loans to certain small businesses and individual or family farmers for certain purposes; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II, Paragraph I of the Constitution, relating to purposes of state taxation, is hereby amended by adding a new subparagraph at the end thereof, to be designed subparagraph 14., to read as follows:
"14. To insure or guarantee loans or make direct loans to small businesses and individual or family farmers located in this state. Such in sured or guaranteed loans or direct loans shall be subject to the condi tions, procedures, and limitations specified by law and may be funded by appropriations from state funds, from the proceeds of revenue obliga tions issued by the state, from funds granted or available for such pur poses from the United States, or from any combination of such sources of funds. The General Assembly is hereby authorized to provide for other matters necessary or appropriate to carry out the purposes and respon sibilities of this subparagraph."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the [ ] NO General Assembly to provide for a program of insured or guaranteed loans or direct loans to small businesses and in dividual or family farmers located in this state?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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.

Seantor Gillis of the 20th moved that SR 275 be committed to the Committee on Agriculture.

Senator Evans of the 37th moved the previous question.

Senator Holloway of the 12th, President Pro Tempore, ruled the motion for the previous question takes precedence.

On the motion of Senator Evans of the 37th, the yeas were 18, nays 15; the motion prevailed, and the previous question was ordered.

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

FRIDAY, FEBRUARY 8, 1980

1121

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brantley Cobb Coverdell Dean Eldrrdge English Evans

Fincher of 52nd Foster Gillis Greene Horton Hudson Johnson Kidd Langford Littlefield McGill

Paulk Robinson Russell Scott Stephens Stumbaugh Summers Sutton Tate Walker

Those voting in the negative were Senators:

Allgood Bell Broun of 46th Brown of 47th Carter Fincher of 54th

Kennedy Land Lester Overby Reynolds Riley

Starr Thompson Timmons Turner

Those not voting were Senators:

Bryant Hill Holloway (presiding)

Howard Hudgins Tysinger

Wessels

On the adoption of the resolution, the yeas were 32, nays 16.

The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

Senator Evans of the 37th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 275.

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 104. By Representatives Buck of the 95th, Johnson of the 72nd and Lambert of the 112th:
A bill providing retirement benefits for the clerks of the superior courts of Georgia so as to provide for additional members of the Board of Commis-

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JOURNAL OF THE SENATE,
sioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 104.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate in sisted upon the Senate substitute to HB 104.

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

SR 294. By Senators Broun of the 46th and Brown of the 47th: A resolution creating the Georgia Energy Regulatory Reform Commission.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Bryant Fincher of 52nd Holloway (presiding)

Hudgins Stephens Tysinger

Wessels

FRIDAY, FEBRUARY 8, 1980

1123

On the adoption of the resolution, the yeas were 48, nays 0.

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

The President resumed the Chair.

HB 62. By Representative Logan of the 62nd:
A bill to amend an Act comprehensively and exhaustively to revise, supersede and modernize procedure for a review of assessments made by county boards of tax assessors, so as to place certain limitations on the power of the county board of tax assessors to appeal decisions of the county board of equalization.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby

Reynolds Riley Robinson Russell Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Bryant Fincher of 52nd Hudgins

Johnson Land Paulk

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

Stephens Tysinger Wessels

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

Senator Fincher of the 52nd introduced the doctor of the day, Dr. Joel Todino, of Rome, Georgia.

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

HB 195. By Representative Russell of the 64th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to the length of the public school year.
Senate Sponsor: Senator Ballard of the 45th.

The Senate Committee on Education offered the following amendment:
Amend HB 195 by adding on Page 2, line 10, after the following:
"Section.",
the following:
"Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy

Kidd Land Langford Lester McGill Overby Paulk

FRIDAY, FEBRUARY 8, 1980
Reynolds Riley Robinson Russell Scott Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Turner Walker

1125

Those not voting were Senators:

Bryant Carter Hudgins

Littlefield Timmons Tysinger

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

Wessels

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

HB 393. By Representatives White of the 132nd, Parkman of the 134th, Carrell of the 75th and others:
A bill to amend an Act providing sick leave for teachers in the public schools of this State so as to extend said sick leave provisions to certain other person nel employed by local boards of education.
Senate Sponsor: Senator Tate of the 38th.

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

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

Those voting in the affirmative were Senators:

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

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Greene Hill Holloway Horton Howard Hudson

Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson

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Russell Scott Stephens Stumbaugh

Summers Sutton Tate Thompson

Those not voting were Senators:

Bond Bryant Gillis

Hudgins Johnson Starr

Timmons Turner Walker
Tysinger Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HB 407. By Representatives Robinson of the 58th, Burruss of the 21st, Waddle of the 113th and others:
A bill to prevent and prohibit fraudulent and deceptive practices in the sale of business opportunities; to provide for disclosure statements and the con tents and filing thereof; to provide for bonds; to provide for trust accounts and deposits; to provide for filing of information with the Secretary of State.
Senate Sponsor: Senators Barnes of 33rd and Johnson of 34th.

The Senate Committee on Special Judiciary offered the following substitute to HB 407:
A BILL
To be entitled an Act to prevent and prohibit fraudulent and deceptive practices in the sale of business opportunities; to provide for definitions; to provide for disclosure statements and the contents and filing thereof; to pro vide for bonds; to provide for trust accounts and deposits; to provide for escrow accounts; to provide for filing of information with the Administrator of the Fair Business Practices Act; to provide that certain acts shall be pro hibited; to require certain contracts to be in writing; to provide for form and provisions of contracts; to provide for penalties; to provide for remedies; to provide for practices and procedures; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
Section 1. Definition. For the purposes of this Act, "business op portunity" means the sale or lease of any products, equipment, supplies or services which are sold to the purchaser for the purpose of enabling the pur chaser to start a business, and in which the seller represents:

FRIDAY, FEBRUARY 8, 1980

1127

(1) that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned or leased by the purchaser or seller; or
(2) that the seller will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part, the supplies, services or chattels sold to the purchaser; or
(3) that the seller guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
(4) that upon payment by the purchaser of a fee or sum of money which exceeds fifty dollars ($50.00) to the seller, the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity, provided that this subsection shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or service mark. Provided that "business opportunity" does not include the sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity; nor does it include the not-for-profit sale of sales demonstration equipment, materials, or samples, for a total price of three hundred dollars ($300.00) or less.

Notwithstanding the foregoing, "business opportunity" shall not be deemed to include any relationship created solely by or involving (i) the rela tionship between an employer and an employee, or among general business partners; or (ii) membership in a bona fide "cooperative association" or transactions between bona fide "cooperative associations" and their members. A "cooperative association" is either (i) an association of pro ducers of agricultural products organized pursuant to the Cooperative Marketing Act of the State of Georgia, or statutes similar thereto enacted by other states; or (ii) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers. No Agri business corporation shall be deemed to be included under this Act.
Section 2. Required disclosure statement. At least 48 hours prior to the time the purchaser signs a business opportunitycontract, or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover sheet of which is entitled in at least 10-point bold face capital letters "DISCLOSURES REQUIRED BY GEORGIA LAW." Under this title shall appear the statement in at least 10-point type that "The State of Georgia has not reviewed and does not approve, recommend, endorse or sponsor any business opportunity. The information contained in this disclosure has not been verified by the State. If you have any questions about this investment,

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see an attorney before you sign a contract or agreement." Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the seller, whether the seller is doing business as an individual, partnership, or corporation, the names under which the seller has done, is doing or intends to do business, and the name of any parent or affiliated company that will engage in business transactions with pur chasers or who takes responsibility for statements made by the seller.
(2) The names, addresses and titles of the seller's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the seller's business ac tivities relating to the sale of business opportunities.
(3) The length of time the seller has:
(A) sold business opportunities;
(B) sold business opportunities involving the product, equipment, supplies or services currently being offered to the purchaser.
(4) A full and detailed description of the actual services that the business opportunity seller undertakes to perform for the purchaser.
(5) A copy of a current (not older than 13 months) financial state ment of the seller, updated to reflect any material changes in the seller's financial condition.
(6) If training of any type is promised by the seller, the disclosure statement must set forth a complete description of the training and the length of the training.
(7) If the seller promises services to be performed in connection with the placement of the equipment, product or supplies at various locations, the disclosure statement must set forth the full nature of those services as well as the nature of the agreements to be made with the owners or managers of these locations where the purchaser's equipment, product or supplies will be placed.
(8) If the business opportunity seller is required to secure a bond or establish a trust deposit pursuant to Section 3, the document shall state either:
(A) "As required by Georgia law, the seller has secured a bond issued by (name and address of surety company), a surety company authorized to do business in this State. Before signing a contract to pur chase this business opportunity, you should check with the surety com pany to determine the bond's current status," or
(B) "As required by Georgia law, the seller has established a trust ac count (number of account) with (name and address of bank or savings in stitution). Before signing a contract to purchase this business opportuni ty, you should check with the bank or savings institution to determine the r-nrrent status of the trust account."

FRIDAY, FEBRUARY 8, 1980

1129

(9) The following statement:
"If the seller fails to deliver the product, equipment or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the seller in writing and demand that the contract be cancelled ."
(10) If the seller makes any statement concerning sales or earnings, or range of sales or earnings that may be made through this business op portunity, the document must disclose:
(A) The total number of purchasers of business opportunities involv ing the product, equipment, supplies or services being offered who to the seller's knowledge have actually received earnings in the amount or range specified, within three years prior to the date of the disclosure statement.
(B) The total number of purchasers of business opportunities involv ing the product, equipment, supplies or services being offered within three years prior to the date of the disclosure statement.
(11) The following statement:
"The seller of a business opportunity shall collect no more than fif teen percent (15%) of the purchase price. The balance of the purchase price shall be paid into an escrow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the seller only upon complete compliance with the terms of the contract."
(12) In lieu of the disclosures required by paragraphs (1), ( 2), (3), (4), (5), (6), (7), (9), and (10) of this Section, a seller may utilize the documents prescribed by the Federal Trade Commission, pursuant to Title 16, Chapter 1, Subchapter D, Trade Regulation Rules, Part 436Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures. Provided the seller shall provide the pro spective purchaser with a separate written cover sheet which is entitled in at least 10-point bold face capital letters "DISCLOSURES RE QUIRED BY GEORGIA LAW." Under this title shall appear the state ment in at least 10-point type that "The State of Georgia has not review ed and does not approve, recommend, endorse or sponsor any business opportunity. The information contained in this disclosure has not been verified by the State. If you have any questions about this investment, see an attorney before you sign a contract or agreement." Nothing except the title and required statement shall appear on the cover sheet.
Section 3. Bond or trust account required; escrow account required, (a) If the business opportunity seller makes any of the representations set forth in Section 1 (3), the seller must either have obtained a surety bond issued by a surety company authorized to do business in this State or have established a trust account with a licensed and insured bank or savings institution located in the State of Georgia. The amount of the bond or trust account shall be an amount not less than seventy-five thousand dollars ($75, 000.00). The bond or trust account shall be in favor of the State of Georgia. Any per son who is damaged by any violation of this Act, or by the seller's breach of

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the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall ex ceed the amount of the bond or trust account.
(b) In any sale of a business opportunity, the seller shall collect no more than fifteen percent (15 %) of the total purchase price, with the balance to be placed in an independent escrow account, agreed upon by both parties. The balance in the escrow account shall be paid to the seller only upon complete compliance with the terms of the contract.
Section 4. Filing with the Administrator of the Fair Business Practices Act. (a) The seller of every business opportunity shall file with the Ad ministrator of the Fair Business Practices Act a copy of the disclosure state ment required by Section 2 prior to placing any advertisement or making any other representations to prospective purchasers in this State and shall update this filing as any material change in the required information occurs, but no less than annually. If the seller is required by Section 3 to provide a bond or establish a trust account, he shall contemporaneously file with the Administrator of the Fair Business Practices Act a copy of the bond or a copy of the formal notification by the depository that the trust account is established.
(b) The Administrator of the Fair Business Practices Act shall be authorized to charge and collect a fee which reflects the cost of the filing and updating the documents with his office required by this Act, not to ex ceed one hundred dollars ($100.00)
(c) (1) Upon the filing of the disclosure statement and upon the Ad ministrator's finding of compliance with the disclosure requirements of Section 2, the Administrator shall issue to the business opportunity seller an advertisement identification number.
(2) The seller shall disclose, to each person with whom he places advertising, the advertisement identification number which may be recorded by the person receiving the advertising so that the advertising media may verify the authenticity of the registration.
(d) Every corporation, whether domestic or foreign, and every business, and every person representing or pretending to represent such cor poration or business as an agent, salesman, officer, or employee thereof, who shall solicit, advertise, offer, or contract for any business opportunity in this State without filing as required in this Section shall be guilty of a felony and upon conviction shall be punished by imprisonment for not more than five years in the State penitentiary or by a fine of not more than $50,000.00, or both.
Section 5. Prohibited acts. Business opportunity sellers shall not:
(1) represent that the business opportunity provides income or earn ing potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representation is made;

FRIDAY, FEBRUARY 8, 1980

1131

(2) Use the trademark, service mark, trade names, logotype, adver tising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commer cial symbol is not involved in the sale of the business opportunity;
(3) make or authorize the making of any reference to its compliance with this Act in any advertisement or other contact with prospective pur chasers.

Section 6. Contracts to be in writing; form; provisions, (a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract.
(b) Every contract for a business opportunity shall include the follow ing:
(1) the terms and conditions of payment;
(2) a full and detailed description of the acts or services that the business opportunity seller undertakes to perform for the purchaser;
(3) the seller's principal business address and the name and address of its agent in the State of Georgia authorized to receive service of pro cess;
(4) the approximate delivery date of any product, equipment or sup plies the business opportunity seller is to deliver to the purchaser.

Section 7. Remedies, (a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the proper disclosures in the manner required by Section 2, or fails to deliver the equipment, supplies or product necessary to begin substantial operation of the business within 45 days of the delivery date stated in the business op portunity contract, or if the contract does not comply with the requirements of Section 6, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business op portunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at purchaser's address or at the places at which they are located at the time notice is given, all products, equipment or supplies received by the purchaser. Provided that purchaser shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.
( b) Any purchaser injured by a violation of the Act or by the business opportunity seller's breach of a contract subject to this Act or any obligation arising therefrom may bring an action for recovery of .damages, including reasonable attorneys' fees.
(c) Upon complaint of any person that a business opportunity seller has violated the provisions of this Act, the superior court shall have jurisdiction to enjoin the defendant from further such violations.

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(d) The remedies provided herein shall be in addition to any other remedies provided for by law or in equity.
(e) Whenever the Attorney General or the appropriate District Attorney has reason to believe that any person or company is offering business op portunities for sale in violation of this Act and that proceedings would be in the public interest, he may move in the name of the State of Georgia in a superior court for a restraining order or temporary or permanent injunction to prohibit such offer. The action may be brought in the superior court of the county in which such person resides or has his principal place of business or in the superior court of the county in which the unlawful offer or sale has been or is about to be committed.
(f) The violation of any provision of this Act shall constitute an unfair or deceptive act or practice in the conduct of a consumer transaction under the "Fair Business Practices Act of 1975," approved April 10, 1975 (Ga. Laws 1975, p. 376), as now or hereafter amended.
(g) Nothing contained in this Act shall be construed to limit, modify, or repeal any provisions of the "Georgia Securities Act of 1973 ," approved April 18, 1973 (Ga. Laws 1973, p. 1202), as now or hereafter amended, in cluding, but not limited to, the definition of "security" as contained in paragraph 16 of subsection (a) of Section 2 of said Act.
(h) Failure to comply with the provisions of this Act shall constitute a felony and upon conviction shall be punished by imprisonment for not more than five years in the State penitentiary or by a fine of not more than $50,000.00, or both.
Section 8. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sec tions, 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 unconstitu tional.
Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 8, 1980

1133

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Horton Howard Hudson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Bryant Fincher of 52nd Hill

Holloway Hudgins Johnson

Littlefield Tysinger 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.

HB 895. By Representatives Harris of the 8th, Battle of the 124th, Logan of the 62nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide that the State Board of Education shall follow certain procedures in developing standards in programs in teacher educa tion.
Senate Sponsor: Senator Langford of the 51 st.

Senator Langford of the 51st offered the following amendment:

Amend HB 895 by inserting in line 9 on Page 2 between the word and period "areas." and the word "Eligibility" a new sentence to read as follows:
"It is specifically provided, however, that the foregoing limitations shall not be construed to modify, supersede or repeal any provisions of

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the Act known as the Post-secondary Educational Authorization Act of 1978, approved April 3, 1978 (Ga. Laws 1978, p. 1571)."
By inserting in line 17 on Page 2 between the word "professional" and the word "or" the word "certificates".
By striking the word "certificates" where the same appears in line 18 on Page 2 and inserting in lieu thereof the word "licenses".

On the adoption of the amendment, the yeas were 31, 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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Walker

Those not voting were Senators:

Barker Bryant Hudgins

Littlefield Tate Tysinger

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

Wessels

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

FRIDAY, FEBRUARY 8, 1980

1135

HB 1020. By Representatives Culpepper of the 98th, Home of the 104th and Pinkston of the 100th:
A bill to amend an Act known as "The Georgia Court Reporting Act" so as to change the provisions relating to temporary employment permits; to pro vide that temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge.
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 Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th
Foster Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Langf ord Lester McGill Overby

Paulk
Reynolds Riley Robinson Russell Scott Starr Stephens Sutton Tare Thompson Timmons Turner

Voting in the negative were Senators Barnes, Stumbaugh and Summers.

Those not voting were Senators:

Bryant Evans Hudgins

Hudson Johnson Littlefield

Tysinger Walker Wessels

On the passage of the bill, the yeas were 43, nays 3. The bill, having received the requisite constitutional majority, was passed. The following resolution of the Senate was read and put upon its adoption:

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SR 334. By Senators Broun of the 46th, Holloway of the 12th and Riley of the 1st:
A resolution relative to adjournment by the General Assembly at 3:00 o'clock P.M. on February 8, 1980, and to reconvene at 10:00 o'clock A.M. on February 11, 1980.

On the adoption of the resolution, the yeas were 33, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

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 1090. By Representatives Savage of the 25th, Thompson of the 93rd, Snow of the 1st and others:
A bill to amend Code Section 24-2606.3, relating to expenses for attendance at educational programs by judges of the superior courts.
Senate Sponsor: Senator Overby of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1090:

A BILL
To be entitled an Act to amend Code Section 24-2606.3, relating to ex penses for attendance at educational programs by judges of the superior courts, so as to change the provisions relating to expenses for educational programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2606.3, relating to expenses for attendance at educational programs by judges of the superior courts, is hereby amended by striking from said Code section the following:
"to accept reimbursement of expenses incurred not to exceed more than five (5) days annually while attending any educational seminars, schools and programs, regardless of the source from which such reim bursement is made provided that the source is from a governmental entity",
and inserting in lieu thereof the following:
"to accept and receive reimbursement for the actual expenses of con tinuing judicial education, both within and outside of the State. Such reimbursement for education within the State shall include the same per diem and transportation reimbursement received by members of the General Assembly for services within the State. Such reimbursement for education without the State shall include actual expenses while outside

FRIDAY, FEBRUARY 8, 1980

1137

the State, to be computed in the same manner as actual expenses received by members of the General Assembly while outside the State. In addition, such reimbursement, whether for education within or without the State, shall include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for reimbursement for out-of-state education will be reviewed and approved by the Institute of Continuing Judicial Education.",
so that when so amended Code Section 24-2606.3 shall read as follows:
"24-2606.3. Expenses for attendance at educational programs. The provisions of Code Section 24-2606 or any other law to the contrary not withstanding, the judges of the superior courts of this State are hereby authorized to accept and receive reimbursement for the actual expenses of continuing judicial education, both within and outside of the State. Such reimbursement for education within the State shall include the same per diem and transportation reimbursement received by members of the General Assembly for services within the State. Such reimburse ment for education without the State shall include actual expenses while outside the State, to be computed in the same manner as actual expenses received by members of the General Assembly while outside the State. In addition, such reimbursement, whether for education within or without the State, shall include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for reimburse ment for out-of-state education will be reviewed and approved by the In stitute of Continuing Judicial Education."
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 1, nays 31, and the committee substitute was lost.

Senators Overby of the 49th and Greene of the 26th offered the following substitute to HB 1090:

A BILL
To be entitled an Act to amend Code Section 24-2606.3, relating to ex penses for attendance at educational programs by judges of the superior courts, so as to change the provisions relating to expenses for educational programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2606.3, relating to expenses for attendance at educational programs by judges of the superior courts, is hereby amended by striking from said Code section the following:
"to accept reimbursement of expenses incurred not to exceed more than five (5) days annually while attending any educational seminars,

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schools and programs, regardless of the source from which such reim
btyu"r,sement is made provided that the source is from a governmental enti-
and inserting in lieu thereof the following:
"to accept and receive reimbursement for the actual expenses of con tinuing judicial education within the State and out-of-state in the same manner as members of the General Assembly in attendance at con ferences and meetings. Such reimbursement, whether for education within or without the State, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior ap proval.",
so that when so amended Code Section 24-2606.3 shall read as follows:
"24-2606.3. Expenses for attendance at educational programs. The provisions of Code Section 24-2606 or any other law to the contrary not withstanding, the judges of the superior courts of this State are hereby authorized to accept and receive reimbursement for the actual expenses of continuing judicial education within the State and out-of-state in the same manner as members of the General Assembly in attendance at con ferences and meetings. Such reimbursement, whether for education within or without the State, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior ap proval."
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 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 Carter Cobb Coverdell

Dean Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Howard Hudson Johnson
Kennedy Kidd Lester

FRIDAY, FEBRUARY 8, 1980
McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons
Turner Walker

1139

Voting in the negative was Senator Land.

Those not voting were Senators:

Bryant Evans Horton

Hudgins Langford Littlefield

Tysinger Wessels

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 1101. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, so as to provide that not more than 50 per cent of such directors may be directors, superintendents, trustees, or employees of hospitals.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Human Resources offered the following amendment:

Amend HB 1101 by striking from Page 1, lines 19 and 20 the following: "Section 2. This Act shall become effective on April 1, 1980.",
and inserting in lieu thereof the following: "Section 2. This Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval."
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

On the passage of the bill, 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 Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis
Greene Hill
Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds
R'ley Robinson
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Bryant Holloway Hudgins

Russell Scott Tysinger

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

Wessels

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

HB 1138. By Representative Johnson of the 74th:
A bill to amend Code Chapter 24-29, relating to district attorneys, so as to provide that any county may supplement the salary of the district attorney of the judicial circuit in which the county lies.
Senate Sponsor: Senator Johnson of the 34th.

The Senate Committee on Special Judiciary offered the following amendment:
Amend HB 1138 by inserting on Page 1, line 20 after the word "compensation" the following:

FRIDAY, FEBRUARY 8, 1980

1141

"or county supplement".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the 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 Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester

Littlefield Overby Paulk Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Bryant Hudgins McGill

Riley Russell Tysinger

Wessels

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 1143. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34A-1409, relating to special municipal primaries and elections on failure to nominate or elect or on death or withdrawal of officer elect, so as to provide for special elections for failure validly to take office.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Allgood Bryant English Evans

Hudgins Hudson Johnson Riley

Russell Tysinger Wessels

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1155. By Representatives Lambert of the 112th, Hatcher of the 131st, Vandiford of the 53rd and others: A bill to amend Code Section 79A-811, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for certain violations thereof.
Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 1155:

FRIDAY, FEBRUARY 8, 1980

1143

A BILL
To be entitled an Act to amend Code Section 79A-811, as amended, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for certain violations thereof; to provide procedures connected with the foregoing; to provide an effective date; to repeal conflic ting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 79A-811, as amended, relating to acts pro hibited under the Georgia Controlled Substances Act, is hereby amended by striking in its entirety said section and substituting in lieu thereof a new Code Section 79A-811 to read as follows:
"79A-811. Prohibited acts, (a) Except as authorized by this Chapter, it is unlawful for any person to possess or have under his control any controlled substance.
(b) Except as authorized by this Chapter, it is unlawful for any per son to manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute any controlled substance.
(c) Except as hereinafter provided otherwise, any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than five years nor more than 30 years.
(d) Except as hereinafter provided otherwise, any person who violates Section 79A-811 (b) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense he shall be imprisoned for life.
(e) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subse quent offense he shall be guilty of a felony and shall be punished and shall be punished by imprisonment for not less than five years nor more than 30 years.
(f) Any person who violates Section 79A-811(b), with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years.
(g) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule HI, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one year

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nor more than five years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than one year nor more than ten years.
(h) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(i) Except as authorized by this Chapter, it is unlawful for any per son to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(j) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, as described in Schedule II, in violation of this Chapter, shall be guilty of the felony of 'Trafficking in Cocaine.' If the quantity of the co caine or mixture involved;
(1) Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $50,000.
(2) Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of seven years and to pay a fine of $ 100,000.
(3) Is 400 grams or more, such person shall be sentenced to a man datory minimum term of imprisonment of 15 years and to pay a fine of $250,000.
(k) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedule I and Schedule II, or four grams or more of any mixture con taining any such substance, in violation of this Chapter, shall be guilty of the felony of 'Trafficking in Illegal Drugs.' If the quantity of such substances involved:
(1) Is four grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $50,000.
(2) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and to pay a fine of $ 100,000.
(3) Is 28 grams or more, such person shall be sentenced to a man datory minimum term of imprisonment of 25 years and to pay a fine of $500,000.

FRIDAY, FEBRUARY 8, 1980

1145

(1) Marijuana. (1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana.
(2) Except as otherwise provided in this subsection or as provided in Section 79A-9917, any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(3) Any person who knowingly sells, manufactures, grows, delivers, or brings into this State, or who is knowingly in actual constructive possession of, in excess of 100 pounds of marijuana shall be guilty of the felony of 'Trafficking in Marijuana.' If the quantity of marijuana involv ed:
(a) Is in excess of 100 pounds, but less than 2,000 pounds, such per son shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $25,000.
(b) Is 2,000 pounds or more, but less than 10,000 pounds, such per son shall be sentenced to a mandatory minimum term of imprisonment of seven years and to pay a fine of $50,000.
(c) Is 10,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $200,000."
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.

Senator Howard of the 42nd offered the following amendment:
Amend the substitute to HB 1155 offered by the Senate Committee on Judiciary by striking on Page 3, line 20 the following:
"$50.000"
and inserting in lieu thereof the following: "$50,000."
and by striking on Page 3, line 24 the following: "$100.000"
and inserting in lieu thereof the following: "$100,000."

1146

JOURNAL OF THE SENATE,
and by striking line 28 on Page 3 and inserting a new line 28 as follows: "$250,000."
and by striking on Page 4, line 12 the following: "$100.000."
and inserting in lieu thereof the following: "$100,000."
and by striking on Page 4, line 16 the following: $500.000"
and inserting in lieu thereof the following: "$500,000"
and by striking on Page 5, line 12 the following: "$200.000"
and by inserting in lieu thereof the following: "$200,000".

Senator Greene of the 26th moved to print the amendment.

On the motion, the yeas were 2, nays 33; the motion was lost, and the amendment offered by Senator Howard of the 42nd was not printed.

On the adoption of the amendment, the yeas were 28, nays 1, and the amendment offered by Senator Howard of the 42nd was adopted.

Senators Starr of the 44th and Allgood of the 22nd offered the following amend ment:
Amend the substitute to HB 1155 offered by the Senate Committee on Judiciary by adding on Page 5, after line 12 the following:
"(m) Notwithstanding the provisions of Section 79A-9917, with respect to any person who is found to have violated Section 79A-81 l(j), Section 79A-811(k), or Section 79A-811(1)(3), adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Section."

FRIDAY, FEBRUARY 8, 1980

1147

On the adoption of the amendment, the yeas were 31, nays 5, and the amendment offered by Senators Starr of the 44th and Allgood of the 22nd was adopted.

Senators Barnes of the 33rd and Allgood of the 22nd offered the following amend ment:

Amend the substitute to HB 1155 offered by the Senate Committee on Judiciary by striking on Page 3, line 11 and line 31, the following:
"or constructive"
and by striking on Page 4, line 29, the following: "constructive".

On the adoption of the amendment, the yeas were 32, nays 3, and the amendment offered by Senators Barnes of the 33rd and Allgood of the 22nd was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Voting in the negative was Senator Greene.

Overby Paulk Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker

1148

JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th (excused conferee) Bryant Fincher of 54th

Holloway (excused conferee) Hudgins Riley (excused conferee)

Russell Tysinger Wessels

On the passage of the bill, the yeas were 45, nays 1.

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

HB 1166. By Representatives Hasty of the 8th, Ralston of the 7th, Crawford of the 5th and others:
A bill to amend an Act regulating the marketing of eggs, so as to change the contents of the label which must be attached to each case of eggs; to delete provisions for inspection fee stamps.
Senate Sponsor: Senator Walker of the 19th.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans
Fincher of 52nd

Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester
McGill

Paulk Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Timmons Turner Walker

Those not voting were Senators:

Barnes Brantley

Broun of 46th (excused conferee)

Bryant Fincher of 54th

FRIDAY, FEBRUARY 8, 1980

Holloway (excused conferee) Hudgins Littlefield

Overby Riley (excused conferee) Russell

Stumbaugh Thompson Tysinger Wessels

1149

On the passage of the bill, the yeas were 40, nays 0.

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

HR 296. By Representative Savage of the 25th: A resolution authorizing the acceptance and display of a certain portrait of former Governor Joe E. Brown.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Barnes Bell Bond Brown of 47th Carter Cobb Coverdell Dean Eldridge Evans Fincher of 52nd Foster

Gillis Greene Hill Horton Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Walker

Voting in the negative was Senator Howard.

Those not voting were Senators:

Barker Brantley

Broun of 46th (excused conferee)

Bryant English

1150

JOURNAL OF THE SENATE,

Fincher of 54th Holloway (excused conferee) Hudgins

Johnson Riley (excused conferee) Russell

Stumbaugh
Tysinger Wessels

On the adoption of the resolution, the yeas were 40, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 491. By Representative Murphy of the 18th: A resolution relative to the Atlanta Office, Coordination Council for North American Affairs of the Republic of China. Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Brantley Broun of 46th (excused conferee) Bryant Fincher of 54th

Holloway (excused conferee) Hudgins Johnson Littlefield

Riley (excused conferee) Russell Stumbaugh Tysinger Wessels

FRIDAY, FEBRUARY 8, 1980

1151

On the adoption of the resolution, the yeas were 42, nays 0.

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

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

HB 1252. By Representatives Sise of the 143rd, McDonald of the 12th, Veazey of the 146th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service Com mission, so as to provide and revise certain provisions and procedures relative to the provision and regulation of utility services in this state; to define certain terms; to specify a code of conduct for members of the Public Service Commission.
Referred to Committee on Consumer Affairs.

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 334.' By Senators Broun of the 46th, Holloway of the 12th and Riley of the 1st: A resolution relative to adjournment.

The President announced the Senate would stand in recess from 1:20 o'clock P.M. until 3:00 o'clock P.M. today, at which time the Senate would stand adjourned, pur suant to the provisions of SR 334, adopted previously today, until 10:00 o'clock A.M., Monday, February 11.

1152

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 11', 1980

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

Senator Walker of the 19th reported that the Journal of Friday, February 8, had been read and found correct.

Senator Evans of the 37th moved that the Senate reconsider its action of Friday, February 8, in defeating the following resolution of the Senate:

SR 275. By Senators Evans of the 37th, Sutton of the 9th and Eldridge of the 7th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a program of insured or guaranteed loans or direct loans to certain small businesses and individual or family farmers for certain purposes; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.

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

'Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Carter Eldridge Evans Fincher of 52nd Foster Gillis Greene

Holloway Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Reynolds

Riley Robinson Russell Scott Starr Stephens Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes
Broun of 46th Brown of 47th Bryant

Cobb
Coverdell Dean English

Fincher of 54th
Hill Horton Hudson

Paulk Stumbaugh

MONDAY, FEBRUARY 11, 1980

Summers Sutton

Tate Thompson

1153

On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 275 was reconsidered and placed at the foot of the General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following communication from His Excellency, Governor George Busbee, was received and read by the Secretary:
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 Elizabeth A. Sterling of Fulton County as a member of the State Board of Accountancy, for the term of office beginning June 30, 1979 and ending June 30, 1983.
Honorable Bernard B. Rothschild of Fulton County as a member of the State Board for Examination, Qualification and Registration of Architects, for the term of office beginning August 23, 1979, and ending March 5, 1984.
Honorable Mary N. Long of Fulton County as a member of the State Board for Ex amination, Qualification and Registration of Architects, for the term of office begin ning January 23, 1980 and ending July 1, 1984.
Honorable Thomas T. Brown of Johnson County as a member of the Area Planning and Development Advisory Committee, for the term of office beginning May 30, 1979 and serving at the Pleasure of the Governor.
Honorable Sherman E. Eley of Heard County as a member of the Area Planning and Development Advisory Committee, for the term of office beginning June 7, 1979 and serving at the Pleasure of the Governor.
Honorable Raiford P. Bowers of Telfair County as a member of the Area Planning and Development Advisory Committee, for the term of office beginning June 7, 1979 and serving at the Pleasure of the Governor.
Honorable Roy L. Varner of Newton County as a member of the Area Planning and Development Advisory Committee, for the term of office beginning June 7, 1979 and serving at the Pleasure of the Governor.

1154

JOURNAL OF THE SENATE,

Honorable L. Scott Stell, Jr., of Chatham County as a member of the Area Plan ning and Development Advisory Committee, for the term of office beginning June 7, 1979 and serving at the Pleasure of the Governor.
Honorable J. Roy Duggan of Glynn County as a member of the Atlantic States Marine Fisheries Commission, for the term of office beginning August 11, 1979 and ending August 11, 1982.
Honorable Alien F. Branch of Liberty County as a member of the Atlantic States Marine Fisheries Commission, for the term of office beginning August 11, 1979 and ending August 11, 1982.
Honorable Rosalie S. Morris of Chatham County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1981.
Honorable Julia F. Massey of Glynn County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1980.
Honorable T. Marshall Jones of Dougherty County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11,1979 and ending July 11, 1981.
Honorable Helen L. Strickland of Lanier County as a member of the Georgia Council for the Arts and Humanities, for the term of off ice beginning July 11, 1979 and ending July 11, 1982.
Honorable Morrill T. Hutchinson of Troup County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1980.
Honorable Dorothy W. McClure of Muscogee County as a member of the Georgia Council for the Arts and Humanities, for the term of off ice beginning July 11, 1979 and ending July 11, 1982.
Honorable Rosemary C. Stiefel of DeKalb County as a member of the Georgia Council for the Arts and Humanities, for the term of off ice beginning July 11, 1979 and ending July 11, 1980.
Honorable D. Jean Bailey of DeKalb County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1982.
Honorable James E. Barnett of Fulton County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1981.
Honorable Shirley C. Franklin of Fulton County as a member of the Georgia Coun cil for the Arts and Humanities, for the term of office beginning July 11, 1979 and end ing July 11, 1982.
Honorable R. Scott Coleman of Butts County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1980.

MONDAY, FEBRUARY 11, 1980

1155

Honorable Malcolm H. Cole, Jr., M.D., of Coweta County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending Julyll, 1982.
Honorable Barbara A. Shaw of Fulton County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending Julyll, 1980.
Honorable Annabel H. Bertrand of Floyd County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1982.
Honorable Neva Jane L. Fickling of Bibb County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1981.
Honorable Thomasenor Pearson of Laurens County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1980.
Honorable Bernice B. Spigel of Whitfield County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1981.
Honorable Eliot Wigginton of Rabun County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1980.
Honorable Alice R. Davis of Richmond County as a member of the Georgia Coun cil for the Arts and Humanities, for the term of office beginning July 11, 1979 and end ing July 11, 1980.
Honorable Lamar Dodd of Clarke County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1981.
Honorable Betty F. Sanders of Fulton County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending Julyll, 1982.
Honorable Jacqueline S. Friedlander of Colquitt County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending July 11, 1981.
Honorable Barbara Nevins of Fulton County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning July 11, 1979 and ending Julyll, 1981.
Honorable Isabelle Y. Watkins of Fulton County as a member of the Georgia Council for the Arts and Humanities, for the term of off ice beginning July 11, 1979 and ending July 11, 1982.
Honorable John L. Gross of Floyd County as a member of the Georgia Auctioneers Commission, for the term of office beginning January 23, 1980 and ending August 14, 1984.

1156

JOURNAL OF THE SENATE,

Honorable Gerald A. Bowie of Harris County as a member of the Georgia Auc tioneers Commission, for the term of office beginning January 23, 1980 and ending August 14, 1980.
Honorable Thomas Parker of Fulton County as a member of the Georgia Coastal Management Board, for the term of office beginning October 1, 1979 and ending Oc tober 1, 1982.
Honorable Katharine V. Hoffman of Clarke County as a member of the Georgia Coastal Management Board, for the term of office beginning October 1, 1979 and end ing October 1, 1982.
Honorable Carlton Gill of Bryan County as a member of the Georgia Coastal Management Board, for the term of office beginning October 1, 1979 and ending Oc tober 1, 1982.
Honorable Dan Williams of Camden County as a member of the Georgia Coastal Management Board, for the term of office beginning October 1, 1979 and ending Oc tober 1, 1982.
Honorable Melvin A. Clay of Floyd County as a member of the Georgia State Board of Barbers, for the term of office beginning January 23, 1980 and ending July 25, 1982.
Honorable Donald A. Wade of Bacon County as a member of the Georgia State Board of Barbers, for the term of office beginning January 23, 1,980 and ending July 25, 1982.
Donald N. Parkerson, D.C., of Dodge County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning December 31, 1979 and end ing August 20, 1982.
Gerald W. Holloway, D.C., of Brooks County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning January 31, 1979 and end ing August 20, 1982.
Honorable Gerald H. Thompson of Ben Hill County as a member of the Board of Community Affairs, for the term of office beginning June 30, 1979 and ending June 30, 1982.
Honorable Larry J. Parrish of Emanuel County as a member of the Board of Com munity Affairs, for the term of office beginning June 30, 1979 and ending June 30, 1982.
Honorable Michael L. Lomax of Fulton County as a member of the Board of Com munity Affairs, for the term of office beginning July 11, 1979 and ending June 30, 1982.
Honorable Marian A. Sumner of Worth County as a member of the State Commis sion of Compensation, for the term of office beginning October 25, 1979 and ending May 11, 1983.
Honorable James H. Blanchard of Muscogee County as a member of the State Commission on Compensation, for the term of office beginning October 25,1979 and ending May 11, 1983.

MONDAY, FEBRUARY 11, 1980

1157

Honorable Edward M. Mclntyre of Richmond County as a member of the State Commission on Compensation, for the term of office beginning October 25, 1979 and ending May 11, 1983.
Honorable Hugh M. Tarbutton of Washington County as a member of the State Commission on Compensation, for the term of office beginning October 25, 1979 and ending May 11, 1983.
Honorable Victor McEver Baird of Fulton County as Consumers' Utility Counsel, for the term of office beginning September 1, 1979 and serving at the Pleasure of the Governor.
Honorable Mary C. Stinson of Spalding County as a member of the Georgia State Board of Cosmetology, for the term of office beginning August 23, 1979 and ending May 1, 1982.
' Honorable Clarissa Hulsey of Hall County as a member of the Georgia State Board of Cosmetology, for the term of office beginning August 23, 1979 and ending May 1, 1982.
Honorable Willie Mays of Richmond County as a member of the Georgia State Board of Cosmetology, for the term of office beginning January 23, 1980 and ending July 1, 1982.
Honorable Lewis H. Williams, D.D.S., of Stephens County as a member of the Georgia Board of Dentistry, for the term of office beginning December 31, 1979 and ending March 15, 1984.
Honorable Lucius L. Dean, Jr., D.D.S., of Macon County as a member of the Georgia Board of Dentistry, for the term of office beginning'December 31, 1979 and ending March 15, 1984.
Honorable Frances Milam of DeKalb County as a member of the Georgia State Board of Electrical Contractors, for the term of office beginning December 31, 1979 and ending July 1, 1982.
Honorable Walter L. Hibble of Fulton County as a member of the Georgia State Board of Electrical Contractors, for the term of office beginning December 31, 1979 and ending July 1, 1982.
Honorable P. J. Wise of Sumter County as a member of the Georgia State Board of Electrical Contractors, for the term of office beginning December 31, 1979 and ending July 1, 1982.
Honorable Langdon C. Sheffield of Sumter County as a member of the Board of Trustees of the Employees Retirement System, for the term of office beginning May 31, 1979 and ending June 30, 1983.
Honorable Herbert C. Green of Gwinnett County as a member of the Board of Review of the Employment Security Agency, for the term of office beginning May 31, 1979 and ending November 15, 1984.
Honorable Fred D. Bentley, Sr., of Cobb County as a member of the Executive Center Fine Arts Committee, for the term of office beginning November 30, 1979 and ending August 8, 1980.

1158

JOURNAL OF THE SENATE,

Honorable S.C. Cadwell of Dodge County as a member of the Georgia Forest Research Council, for the term of office beginning January 23, 1980 and ending August 25, 1986.
Honorable Charlie Bonner Jones of Baldwin County as a member of the State Board of Registration for Foresters, for the term of office beginning August 23, 1979 and ending March 19, 1984.
Honorable Willie Mays of Richmond County as a member of the Georgia Fran chise Practices Commission, for the term of office beginning May 31,1979 and ending May 4, 1982.
Honorable F. Woodson Briscoe of Fulton County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 31, 1979 and ending May 4, 1982.
Honorable J. Gary Curry of Emanuel County as a member of the Georgia State Board of Funeral Service, for the term of office beginning May 31, 1979 and ending February 13, 1985.
Honorable William V. Conn of Fulton County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning December 31, 1979 and ending November 24, 1983.
Honorable Willard H. Grant of DeKalb County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning January 23, 1980 and ending November 24, 1984.
The following named persons as members of the State Health Planning Review Board for terms beginning September 14, 1979 and serving at the Pleasure of the Governor: James D. Gould, III, of Glynn County, John R. Rogers of Turner County; Rosa S. Stanback of Muscogee County; Claire W. Johnson of DeKalb County; John A. Sherrill of Fulton County; Alice M. Tomme of Clayton County; Clyde W. Jackson of Bartow County; Mary Lois J. Bland of Jones County; J. Nathan Deal of Hall County; Joseph D. Greene of McDuff ie County.
Honorable Dennis T. Cathey of Habersham County as a member of the State Health Planning Review Board, for the term of office beginning January 28, 1980 and serving at the Pleasure of the Governor.
Honorable Boisfeuillet Jones of Fulton County as a member of the Board of Human Resources, for the term of office beginning June 30, 1979 and ending April 6, 1984.
Honorable Robert P. Repass, D.D.S., of Clarke County as a member of the Board of Human Resources, for the term of office beginning June 30, 1979 and ending April 6, 1984.
Honorable Benjamin B. Okel, M.D., of DeKalb County as a member of the Board of Human Resources, for the term of office beginning January 23, 1980 and ending April 6, 1984.
Honorable Buckner F. Melton of Bibb County as a member of the Board of In dustry and Trade, for the term of office beginning August 9, 1979 and ending April 1, 1981.

MONDAY, FEBRUARY 11, 1980

1159

Honorable Harold F. Morgan of Washington County as a member of the Board of Industry and Trade, for the term of office beginning August 9, 1979 and ending April 1, 1981.
Honorable Samuel A. Williams of Fulton County as a member of the Jekyll Island State Park Authority, for the term of office beginning June 30, 1979 and ending July 1, 1983.
Honorable Laura D. Rains of Fulton County as a member of the Judicial Qualifica tions Commission, for the term of office beginning January 23, 1980 and ending December 31, 1980.
Honorable Nick Lazaros of Houston County as a member of the Georgia Justice Courts Training Council, for the term of office beginning January 23, 1980 and ending August 7, 1981.
Honorable Leonard Danley of Douglas County as a member of the Georgia Justice Courts Training Council, for the term of office beginning January 23, 1980 and ending August 7, 1981.
Honorable L. D. Lawson of Hall County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning May 31, 1979 and ending May 15, 1983.
Honorable William E. Beery of Clarke County as a member of the Georgia State Board of Landscape Architects, for the term of office beginning August 23, 1979 and ending April 1, 1983.
Honorable Tommie Willis of Glynn County as a member of the Georgia State Board of Landscape Architects, for the term of office beginning January 23, 1980 and ending July 1, 1983.

The following named persons as members of the Metropolitan Atlanta Rapid Tran sit Overview Committee for terms beginning August 24, 1979 and serving as provided by law: Pierre Howard, Jr., of DeKalb County; Julian Bond of Fulton County; James W. Tysinger of DeKalb County; Cas Robinson of DeKalb County; Mildred Glover of Fulton County; Kiliaen Townsend of Fulton County.

Honorable James E. Barnett of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning June 15, 1979 and ending June 30, 1983.
Honorable Clem T. Hosea of Stephens County as a member of the Board of Medical Assistance, for the term of office beginning June 30, 1979 and ending June 30, 1980.
Honorable Delores Alien of Muscogee County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning October 19, 1979 and ending June 30, 1981.
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 October 24, 1979 and ending June 30, 1982.

1160

JOURNAL OF THE SENATE,

Honorable Joe Burton of DeKalb County as a member of the State Advisory Coun cil for Mental Health and Mental Retardation, for the term of office beginning October 24, 1979 and ending June 30, 1982.
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 October 24, 1979 and ending June 30, 1982.
Honorable Eleanor L. Richardson of DeKalb County as a member of the State Ad visory Council for Mental Health and Mental Retardation, for the term of office begin ning October 24, 1979 and ending June 30, 1982.
Honorable M. Parks Brown of Hart County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning October 24, 1979 and ending June 30, 1982
Honorable Susie Elson of Fulton County as a member of the State Advisory Coun cil for Mental Health and Mental Retardation, for the term of office beginning October 24, 1979 and ending June 30, 1980.
Honorable Conway Hunter, Jr., M.D., of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning October 24, 1979 and ending June 30, 1980.
Honorable Ben J. Tarbutton, Jr. of Washington County as a member of the Board of Natural Resources, for the term of office beginning July 11, 1979 and ending January 1, 1983.
Honorable Susan T. March of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning January 23, 1980 and ending December 31, 1983.
Honorable John C. Eldridge of Fulton County as a member of the State Board of Dispensing Opticians, for the term of office beginning May 31, 1979 and ending March 16, 1983.
Honorable T. Joel Byars, O.D., of DeKalb County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning December 31, 1979 and ending September 6, 1982.
Honorable William H. Shuman, O.D., of Clarke County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning December 31, 1979 and ending September 6, 1982.
Honorable Jeanelle T. Edwards of Dougherty County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning December 31, 1979 and ending August 30, 1982.
Honorable June R. Frost of Floyd County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning December 31, 1979 and ending August 30, 1982.
Honorable Glenn A. Dowling of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning May 31, 1979 and ending May 5, 1982.

MONDAY, FEBRUARY 11, 1980

1161

Honorable Bertha W. Thompson of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning January 23, 1980 and ending July 1, 1982.
Honorable Terrell D. Craven of Cherokee County as a member of the Board of Polygraph Examiners, for the term of office beginning December 31, 1979 and ending July 15, 1985.
Honorable L. P. Greer, Jr., of Stephens County as a member of the Georgia Ports Authority, for the term of off ice beginning June 30, 1979 and ending June 30, 1983.
Honorable Joyce Ann Brown of Cobb County as a member of the Professional Stan dards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1981.
Honorable Earline Loudermilk of Habersham County as a member of the Profes sional Standards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1980.
Honorable Frances McBride of Clarke County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1982.
Honorable Joan Yvonne Polite of Fulton County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1981.
Honorable Gary D. Holt of Fulton County as a member of the Professional Stan dards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1980.
Honorable Barbara King of Clayton County as a member of the Professional Stan dards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1982.
Honorable Carl E. Franklin of Floyd County as a member of the Professional Stan dards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1981.
Honorable Billy Bryant Hair of Richmond County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1982.
Honorable Gwendolyn Mundy of Hall County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1980.
Honorable Marvin L. Fralish, Jr., of DeKalb County as a member of the Profes sional Standards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1980.
Honorable LeAnna Walton of Dougherty County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1982.

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Honorable Richard Young of Ware County as a member of the Professional Stan dards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1982.
Honorable Joseph A. Williams of Clarke County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1980.
Honorable Milton S. McDonald of Floyd County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and endingNovember 19, 1981.
Honorable C. H. Morse of Peach County as a member of the Professional Stan dards Commission, for the term of office beginning November 19, 1979 and ending November 19, 1980.
Honorable James Donald Hawk of Bulloch County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1981.
Honorable Richard C. Owens of Irwin County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1981.
Honorable Louise Radloff of Gwinnett County as a member of the Professional Standards Commission, for the term of office beginning November 19, 1979 and end ing November 19, 1981.
Honorable J. Lane Johnston of Bulloch County as a member of the Board of Public Safety, for the term of off ice beginning May 31, 1979 and ending January 20, 1982.
Honorable Jim Miller of Cobb County as a member of the Georgia Board of Recreation Examiners, for the term of office beginning December 31, 1979 and ending April 22, 1982.
Honorable H. Douglas Leavitt, M.D., as a member of the Georgia Board of Recrea tion Examiners, for the term of office beginning December 31, 1979 and ending April 22,1982.
Honorable Thomas T. Shealy of Bibb County as a member of the Georgia Residen tial Finance Authority, for the term of office beginning January 23, 1980 and ending May 1, 1983.
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 January 23, 1980 and ending November 22, 1982.
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 January 28, 1980 and ending November 22,1982.
Honorable Charles Merideth of Fulton County as a member of the Board of Con trol for Southern Regional Education, for the term of office beginning August 29, 1979 and ending June 30, 1983.

MONDAY, FEBRUARY 11, 1980

1163

Honorable Vernon Crawford of Fulton County as a member of the Board of Con trol for Southern Regional Education, for the term of office beginning August 29, 1979 and ending June 30, 1981.
Honorable Lamar R. Plunkett of Carroll County as a member of the Board of Con trol for Southern Regional Education, for the term of office beginning August 29, 1979 and ending June 30, 1982.
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 August 23, 1979 and ending July 1, 1985.
Honorable Francie L. Ross of Fulton County as a member of the Board of Ex aminers for Speech Pathology and Audiology, for the term of office beginning December 31, 1979 and ending June 24, 1982.
. Honorable Peggy G. Von Almen of Clarke County as a member of the Board of Ex aminers for Speech Pathology and Audiology, for the term of office beginning December31, 1979 and ending June 24, 1982.
Honorable John H. Robinson, III, M.D., of Sumter County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 1, 1979 and ending January 1, 1986.
Honorable Julius F. Bishop of Clarke County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 1, 1979 and ending January 1, 1986.
Honorable Sidney O. Smith, Jr., of Hall County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 18, 1980 and ending January 1, 1987.
Honorable Lloyd Summer, Jr., of Floyd County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 18, 1980 and ending January 1, 1987.
Honorable William T. Divine, Jr., of Dougherty County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 23, 1980 and ending January 1, 1982.
Honorable Hugh Blanton of Lowndes County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts, for the term of office beginning December31, 1979 and ending January 1, 1983.
Honorable Tommy Clack of DeKalb County as a member of the State Board of Veterans Service, for the term of office beginning May 31, 1979 and ending April 1, 1986.
Honorable Felix M. Smith, D.V.M., of Houston County as a member of the State Board of Veterinary Medicine, for the term of office beginning July 31, 1979 and end ing September 16, 1983.
Honorable A. K. Robinson, D.V.M., of Ware County as a member of the State Board of Veterinary Medicine, for the term of office beginning December 31, 1979 and ending September 16, 1984.

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Honorable L. C. Harrison of Cobb County as a member of the State Board of Ex aminers for Certification of Water and Wastewater Treatment Plant Operators, for the term of off ice beginning December 31, 1979 and ending August 17, 1983.
Honorable William J. Greene, Jr., of Fulton County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators, for the term of office beginning December 31, 1979and ending August 17, 1983.
Honorable Don L. Knowles of Henry County as a member of the State Board of Workers' Compensation, for the term of office beginning January 23, 1980 and ending January 12, 1984.
Honorable Robert L. Albritten of Terrell County as a member of the Fair Employ ment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1981.
Honorable Patricia A. Blackmon of Fulton County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1981.
Honorable Ann Q. Curry of Fulton County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning January 31, 1980 and end ing January 31, 1981.
Honorable Mary M. Dryden of Fulton County as a member of the Fair Employ ment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1982.
Honorable Maxine S. Goldstein of Baldwin County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1982.
Honorable Cheatham E. Hodges, Jr., of Richmond County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1982.
Honorable Tobiane Schwartz of Fulton County as a member of the Fair Employ ment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1983.
Honorable Benjamin M. Tucker of Chatham County as a member of the Fair Employment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1983.
Honorable J. Henry Wisebram of Lamar County as a member of the Fair Employ ment Practices Advisory Board, for the term of office beginning January 31, 1980 and ending January 31, 1983.
The following named persons as members of the Fiscal Affairs Subcommittee for terms beginning May 24, 1979 and serving as provided by law: Terrell A. Starr of Clayton County; Hugh M. Gillis, Sr., of Treutlen County; Pierre Howard of DeKalb County; Hugh A. Carter of Sumter County; A. W. Holloway of Dougherty County; Thomas B. Buck , III, of Muscogee County; Betty J. Clark of DeKalb County; Nathan G. Knight of Coweta County; E. Roy Lambert of Morgan County; Joe T. Wood of Hall County.

MONDAY, FEBRUARY 11, 1980

1165

Honorable Charles Kenneth Pierce of Fulton County as Commissioner of the Georgia Department of Medical Assistance, for the term of office beginning July 2, 1979 and serving at the Pleasure of the Governor.
Honorable David B. Poythress of DeKalb County as Secretary of State, for the term of office beginning June 14, 1979 and serving until his successor is commissioned and qualified in accordance with Georgia Law.
Honorable Jewell G. Saunders of DeKalb County as Administrator of the Office of Fair Employment Practices, for the term of office beginning September 10, 1979 and serving at the Pleasure of the Governor.
Sincerely,
/s/George Busbee

The President introduced Honorable Lou Wangberg, Lieutenant Governor of the State of Minnesota.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House:
HB 1123. By Representatives Phillips of the 59th, Martin of the 60th and Wall of the 61st: A bill to amend an Act incorporating the Town of Snellville, so as to change the maximum amount of fines, costs, and forfeitures which may be imposed by the Recorder's Court of the Town of Snellville.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1225. By Representatives Parham of the 109th, Cooper or the 19th and Baugh of the 108th: A bill to amend Code Title 79A relating to pharmacists, pharmacy, and drugs, so as to provide for Pharmacy Board members to meet with Phar macy Boards from other states and obtain expenses for this purpose; to up date the dangerous drug list to 1980.
HB 1305. By Representative Marcus of the 26th: A bill to amend an Act entitled "An Act to provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County".

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JOURNAL OF THE SENATE,

HB 1320. 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 in cities having a population of more than 300,000 as disclosed by the United States census of 1920.

HB 1407. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Title 34, known as the "Georgia Election Code" so as to provide additional powers and duties for the Secretary of State and the superintendent.
HB 1408. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others: A bill to amend Code Section 34A-301, relating to powers and duties of municipal superintendents, so as to provide additonal powers and duties for superintendents.
HB 1439. By Representatives Fuller of the 16th, Buck of the 95th and Fortune of the 71st: A bill to amend Code Chapter 56-24, relating to insurance contracts in general, so as to provide for the definition and regulation of medicare sup plement insurance.

HB 1445. By Representatives Vandiford of the 53rd and Johnston of the 56th:
A bill to require certain business establishments which sell distilled spirits, wines, malt beverages, or alcoholic beverages of any kind to post a notice.

HB 1484. By Representative Bolster of the 30th:
A bill to amend an Act known as the "Urban Residential Finance Authorities Act for Large Municipalities", so as to change the provisions relative to purposes for the Act.

HB 1608. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a small claims court for Jefferson Coun ty, so as to change certain provisions relating to jurisdiction of the court and fees of the bailiff or sheriff.

HB 1609. By Representatives Bargeron of the 83rd and Nessmith of the 82nd:
A bill to amend an Act to provide a maximum salary for the coroner of Burke County, so as to change the compensation of the coroner.

MONDAY, FEBRUARY 11, 1980

1167

HB 1613. By Representative Johnson of the74th:
A bill to amend an Act creating a Small Claims Court in and for Newton County so as to delete from said Act the provision granting to said court the powers granted to justices of the peace by the laws of the State of Georgia.

HB 1614. By Representative Johnson of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County, so as to change the provisions relating to a quorum of said board of education.

HB 1620. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating the office of treasurer of Laurens County, by abolishing the office of county treasurer of Laurens County, Georgia.

HB 1632. By Representative Dixon of the 151st:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to provide for the method of filling vacancies on said Board.

The House had adopted by the requisite constitutional majority the following resolutions of the House:

HR 622. By Representatives Wilson, Kaley and Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to grant to certain elderly persons an exemption from taxes levied for educational pur poses in the City of Marietta; to provide procedures; to provide for applica tion.
HR 627. By Representatives Johnston of the 56th, Williams of the 54th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of DeKalb County ad valorem taxes, not including DeKalb County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to the full value of the homestead and the income qualification for such homestead exemption shall be increased to $20,000.00.

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

SB 524. By Senator Overby of the 49th:
A bill to amend an Act creating a new charter for the City of Flowery Branch, so as to change the provisions relating to the election of councilmen.

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JOURNAL OF THE SENATE,

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

HB 139. By Representatives Rowland of the 119th, Auten of the 154th, Phillips of the 120th and others:
A bill to provide for insurance coverage of catastrophic health-care costs and to provide for review of certain of such costs to provide for legislative intent; to provide for a new Code Chapter 56-36, relating to catastrophic health insurance; to provide a short title "Catastrophic Health Insurance Act"; to provide for legislative purposes.

HB 1200. By Representatives Snow of the 1st, Hays of the 1st, Peters of the 2nd and others:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the U.S. decennial census of 1970, so as to change the provisions relating to the compensation of the secretary provided for by such Act.

HB 1280. By Representative Carnes of the 43rd:
A bill to amend Code Chapter 88-25, relating to habitation of mentally retarded persons, so as to provide for admissions for respite care.

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

SB 583. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act reincorporating the City of Marietta so as to change the corporate limits; to provide an effective date.

Referred to Committee on Community Affairs.

SR 332. By Senator Fincher of the 54th:
A resolution proposing an amendment to the Constitution so as to increase to $6,000.00 the amount of the homestead exemption from county taxes for residents of Murray County who are 65 years of age or over; to provide for the submission of this amendment for ratification or rejection.

Referred to Committee on Community Affairs.

The following bills and resolutions of the House were read the first time and refer red to committees:

MONDAY, FEBRUARY 11, 1980

1169

HB 139. By Representatives Rowland of the 119th, Auten of the 154th, Phillips of the 120th and others:
A bill to provide for insurance coverage of catastrophic health-care costs and to provide for review of certain of such costs to provide for legislative intent; to provide for a new Code Chapter 56-36, relating to catastrophic health insurance; to provide a short title "Catastrophic Health Insurance Act"; to provide for legislative purposes. Referred to Committee on Banking, Finance and Insurance.
HB 1200. By Representatives Snow of the 1st, Hays of the 1st, Peters of the 2nd and others;
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the U. S. decennial census of 1970, so as to change the provisions relating to the compensation of the secretary provided for by such Act. Referred to Committee on Judiciary.
HB 1225. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th;
A bill to amend Code Title 79A relating to pharmacists, pharmacy, and drugs, so as to provide for Pharmacy Board members to meet with Phar macy Boards from other states and obtain expenses for this purpose; to up date the dangerous drug list to 1980. Referred to Committee on Human Resources.
HB 1280. By Representative Games of the 43rd:
A bill to amend Code Chapter 88-25, relating to habilitation of mentally retarded persons, so as to provide for admissions for respite care. Referred to Committee on Human Resources.
HB 1407. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Title 34, known as the "Georgia Election Code", so as to provide additional powers and duties for the Secretary of State and the superintendent. Referred to Committee on Governmental Operations.
HB 1408. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Section 34A-301, relating to powers and duties of municipal superintendents, so as to provide additional powers and duties for superintendents. Referred to Committee on Governmental Operations.
HB 1439. By Representatives Fuller of the 16th, Buck of the 95th and Fortune of the 71st:
A bill to amend Code Chapter 56-24, relating to insurance contracts in

1170

JOURNAL OF THE SENATE,

general, so as to provide for the definition and regulation of medicare sup plement insurance. Referred to Committee on Human Resources.
HB 1445. By Representatives Vandiford of the 53rd and Johnston of the 56th:
A bill to require certain business establishments which sell distilled spirits, wines, malt beverages, or alcoholic beverages of any kind to post a notice. Referred to Committee on Consumer Affairs.
HB 1305. By Representative Marcus of the 26th:
A bill to amend an Act entitled "An Act to provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County." Referred to Committee on Community Affairs.
HB 1320. 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 in cities having a population of more than 300,000 as disclosed by the United States census of 1920. Referred to Committee on Community Affairs.
HB 1484. By Representative Bolster of the 30th:
A bill to amend an Act known as the "Urban Residential Finance Authorities Act for Large Municipalities", so as to change the provisions relative to purposes for the Act. Referred to Committee on Community Affairs.
HB 1608. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a small claims court for Jefferson Coun ty, so as to change certain provisions relating to jurisdiction of the court and fees of the bailiff or sheriff. Referred to Committee on Community Affairs.
HB 1609. By Representatives Bargeron of the 83rd and Nessmith of the 82nd:
A bill to amend an Act to provide a maximum salary for the coroner of Burke County, so as to change the compensation of the coroner. Referred to Committee on Community Affairs.
HB 1613. By Representative Johnson of the 74th:
A bill to amend an Act creating a Small Claims Court in and for Newton County so as to delete from said Act the provision granting to said Court the powers granted to justices of the peace by the laws of the State of Georgia. Referred to Committee on Community Affairs.
HB 1614. By Representative Johnson of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County, so as to change the provisions relating to a quorum of said board of education. Referred to Committee on Community Affairs.

MONDAY, FEBRUARY 11, 1980

1171

HB 1620. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating the office of treasurer of Laurens County, by abolishing the office of county treasurer of Laurens County, Georgia. Referred to Committee on Community Affairs.

HB 1632. By Representative Dixon of the 151st:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to provide for the method of filling vacancies on said Board. Referred to Committee on Community Affairs.
HR 622. By Representatives Wilson, Kaley and Cooper of the 19th, Harrison, Isakson and Nix of the 20th:
A resolution proposing an amendment to the Constitution so as to grant to certain elderly persons an exemption from taxes levied for educational pur poses in the City of Marietta; to provide procedures; to provide for applica tion. Referred to Committee on Community Affairs.
HR 627. By Representatives Johnston of the 56th, Williams of the 54th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of DeKalb County ad valorem taxes, not including DeKalb County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to the full value of the homestead and the income qualification for such homestead exemption shall be increased to $20,000.00. Referred to Committee on Community Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:

HB 50. Do pass by substitute. Respectfully submitted,

Mr. President:

Senator Sutton of the 9th District, Chairman

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

HB 655. HB 656.

Do pass by substitute. Do pass by substitute.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

1172

JOURNAL OF THE SENATE,

The following bills and resolutions of the Senate and House were read the second time:
SB 86. By Senator Langford of the 51st:
A bill to amend Code Title 88, relating to public health, as amended, so as to add a new Code Chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to define certain terms; to pro vide for written directives and the procedures connected therewith; to pro vide for witnesses.
SB 328. By Senator Carter of the 14th:
A bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to provide credit for certain service under certain conditions; to change the provisions relative to credit for prior service.

SB 442. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the judges of the probate courts, as amended, so as to require certain reports.
SB 451. By Senators Evans of the 37th, Horton of the 17th, Greene of the 26th and others:
A bill to amend Code Title 56, known as the "Georgia Insurance Code", as amended, so as to provide that no individual or group policy, plan, cer tificate, or contract providing for medicare supplement health insurance shall be sold unless a certain percentage of the premiums collected from the sale thereof be returned in the form of benefits provided under such policy, plan, certificate, or contract.
SB 452. By Senators Coverdell of the 40th, Riley of the 1st, Bond of the 39th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide that any teacher who is employed by a public school on or after a certain date shall become a member of the Teachers' Retirement System as a condition of employment and shall not be eligible for membership in local retirement system.
SB 460. By Senators Sutton of the 9th, Cobb of the 28th, Turner of the 8th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide that under certain conditions the Board may require a waiver by an applicant for membership in the Fund to disability benefits.
SB 489. By Senators Littlefield of the 6th, Hudgins of the 15th, Howard of the 42nd and others:
A bill to amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide that certain acts, which, if done by an adult, would constitute certain crimes shall be known as "designated felony acts" if committed by a juvenile.

MONDAY, FEBRUARY 11, 1980

1173

SB 504. By Senators Langford of the 51st, Ballard of the 45th, Allgood of the 22nd and others:
A bill to amend an Act providing for the organization, venue, practice, and procedure of certain courts which are below the superior court level, as amended, so as to provide that keeping minutes of proceedings in traffic cases shall not be necessary.
SB 509. By Senators Stumbaugh of the 55th, Overby of the 49th and Johnson of the 34th:
A bill to amend an Act providing for compulsory school attendance, as amended, so as to change the provisions relative to the school year; to repeal certain provisions relative to exemptions from the Act.
SB 536. By Senators Fincher of the 52nd, Hudson of the 35th, Fincher of the 54th and others:
A bill to amend an Act creating the Georgia State Board of Physical Therapy, as amended, so as to add a consumer member and provide for terms and qualifications; to change the method of appointment of members; to change quorum requirements; to change certain compensation and ex pense allowances.
SB 539. By Senator English of the 21st:
A bill to amend an Act creating a Joint Advisory Board of Family Practice, as amended, so as to change the provisions relating to standards for family practice residency training programs.
SB 540. By Senators Lester of the 23rd and Allgood of the 22nd:
A bill to amend Code Section 84-1412, relating to license fees of real estate brokers and salesmen, as amended, so as to provide for the renewal of a broker's license or associate brokers' license under certain conditions.
SB 542. By Senators Greene of the 26th and Littlefield of the 6th:
A bill to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", as amended, so as to change the termination or sunset date of said Act and for the Georgia Board of Private Detective and Security Agencies.

SB 557. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to amend Code Section 105-502, relating to when an employer is liable for the negligence of the contractor, so as to provide that an employer engaged in the business of carrying passengers for hire shall be liable for in tentional injuries or damages to persons or property caused by the contrac tor.
SB 561. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the terms of the Superior Court of Evans Coun ty, as amended, so as to change the provisions relative to such terms.

1174

JOURNAL OF THE SENATE,

SB 566. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend an Act making provision for the regulation of professional soil classifying so as to continue the State Board of Registration for Profes sional Soil Classifiers and the laws relating thereto until July 1, 1984; to pro vide for the termination of such board and repeal of the laws relating thereto.

SB 567. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend Code Chapter 84-3A, relating to regulation and licensure of auctioneers, as amended, so as to continue the Georgia Auctioneers Com mission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto.

SB 568. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend an Act known as the "Structural Pest Control Act", as amended, so as to continue the Structural Pest Control Commission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto.

SB 569. By Senator Paulk of the 13th:
A bill to amend Code Section 24-2727, relating to the enumeration of fees for clerks of the superior courts, as amended, so as to change the fees for each day of service in attendance upon the courts.

SB 570. By Senators Hudson of the 35th, Russell of the 10th and Hudgins of the 15th:
A bill to amend an Act providing for programs of liability insurance or con tracts of indemnity for State agencies, as amended, so as to provide that such programs may be extended to certain members of the organized militia; to provide the procedures connected therewith.

SB 576. By Senators Howard of the 42nd, Coverdell of the 40th, Bell of the 5th and others:
A bill to amend Code Title 42, relating to food and drugs, as amended, by adding a new Code Chapter relating to Kosher foods; to provide for defini tions; to prohibit certain misrepresentation regarding Kosher foods; to pro vide for requirements for persons preparing and serving Kosher foods; to provide for evidence.

SR 177. By Senators Stephens of the 36th, Overby of the 49th, Hudgins of the 15th and others:
A resolution creating the Senate Fraudulent Check Study Committee.

MONDAY, FEBRUARY 11, 1980

1175

SR 246. By 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.

SR 291. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to provide that when general obligation bonds of the State are issued to provide educa tional facilities for county and independent school systems, title to such educational facilities shall be vested in county and independent boards of education when such bonds are no longer outstanding; to provide for the submission of this amendment for ratification or rejection.

SR 322. By Senators Reynolds of the 48th, Broun of the 46th, Holloway of the 12th and others:
A resolution proposing an amendment to the Constitution so as to place cer tain limitations upon the enactment by the General Assembly of supplemen tary appropriations and amendments to the General Appropriations Act; to provide for the submission of this amendment for ratification or rejection.

HB 228. By Representatives Watson of the 114th, Kemp of the 139th, Coleman of the 118th and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general so as to provide that all insurance contracts of accident and sickness insurance shall provide that the insured shall have full freedom of choice in the selection of a doctor of chiropractic.

HB 387. By Representative Tolbert of the 56th:
A bill to amend Code Chapter 92-39A, relating to refunds by counties and municipalities, so as to change the provisions relating to the delegation of the administration and the approval or disapproval of claims; to provide for disputed cases; to amend Code Section 91 A-1601; to provide for a specific repealer.

HB 540. By Representative Knight of the 67th:
A bill to amend an Act providing that the State of Georgia shall be a party to the "Southern Growth Policies Agreement" and enacting said agreement in to law so as to change the provisions of the Southern Growth Policies Agree ment relating to internal management of the Southern Growth Policies Board.

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JOURNAL OF THE SENATE,

HB 688. By Representatives Coleman of the 118th, Hanner of the 130th and Ramsey of the 3rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to change the provisions relating to the Georgia Bureau of In vestigation; to provide for the State Crime Laboratory to be a separate divi sion within the Georgia Bureau of Investigation to be known as the Division of Forensic Sciences; to provide that the director of the division shall be the Chief Medical Examiner of the State of Georgia.

HB 1077. By Representatives Smith of the 42nd, Murphy of the 18th, Marcus of the 26th and others:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as to establish and provide for the administration of a controlled substances therapeutic research program.

HB 1085. By Representatives Adams of the 36th, Lambert of the 112th, Isakson of the 20th and others:
A bill to provide for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the State Department of Community Affairs.

HB 1091. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, so as to change the membership of the authority.

HB 1105. By Representatives Buck of the 95th, Ware of the 68th, Greer of the 43rd and others:
A bill to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967, so as to change provisions relative to certain definitions; to change the provisions relative to termination of membership, to change the provisions relative to applications for retirement and the effective date of retirement.
HB 1131. By Representatives Phillips of the 125th, Tuten of the 153rd and Culpepper of the 98th:
A bill to amend Code Title 88, relating to public health, so as to require notice to certain courts and their prosecuting attorneys concerning petitions for the release of alcohol or drug dependent, mentally ill, and mentally retarded persons detained by the order of such courts under Code Section 27-1502 or 27-1503.
HB 1137. By Representatives Bostick of the 146th and Veazey of the 146th:
A bill to add one additional judge of the superior courts of the Tifton Judicial Circuit of Georgia.

MONDAY, FEBRUARY 11, 1980

1177

HB 1145. By Representatives Rainey of the 135th, Jessup of the 117th, Branch of the 137th and Sizemore of the 136th:
A bill to amend an Act fixing the terms of the superior courts of the Cordele Judicial Circuit, so as to fix new terms for the superior courts of Ben Hill, Crisp, Dooly and Wilcox counties.

HB 1149. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others: A bill to amend an Act providing for the regulation and licensing of the operation of nonprofit bingo games, so as to provide for the administration of said Act by the Georgia Bureau of Investigation.
HB 1151. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others: A bill to provide for a Georgia Public Safety Training Center; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center.
HB 1245. By Representatives Mangum of the 56th, Vandiford of the 53rd, Clark of the 55th and others:
A bill to amend Code Section 23-2304, relating to appropriations for burial of paupers, so as to increase the amount a county may expend for the burial of a pauper.
HB 1271. By Representatives Wood, Jackson and Lawson of the 9th: A bill to amend an Act implementing the requirements of the Federal In tergovernmental Cooperation Act of 1968, so as to amend the provisions relative to the functions and authority of area planning and development commissions.
HB 1286. By Representatives Reaves of the 147th and Collins of the 144th:
A bill to amend an Act known as the "Georgia Pesticide Control Act of 1976" so as to provide an enforcing official; to authorize the Commissioner of Agriculture to bring an action to enjoin violations.
HB 1287. By Representatives Reaves of the 147th, Nessmith of the 82nd and Collins of the 144th:
A bill to amend an Act entitled the "Georgia Pesticide Use and Application Act of 1976," so as to require the certification of all aerial applicators; to change the license period for certified commercial pesticide applicators from one year to five years and to change the fee for such license from $ 10.00 pef year to $25.00 for five years.

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JOURNAL OF THE SENATE,

HB 1349. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority Act", so as to change the number and composition of the member ship of the Authority.

HB 1370. By Representatives Davis of the 99th, Pilewicz of the 41st and Vaughn of the 57th:
A bill to amend Code Section 26-1601, relating to burglary, so as to change the provisions relating to the definition of burglary; to provide for clarifica tion with respect to penalties.

HB 1372. By Representatives Walker of the 115th and Castleberry of the lllth:
A bill to amend an Act to provide, from State appropriations, funds and grants to local public school systems for educational purposes, so as to change certain provisions relating to allocation of grant funds.
HB 1391. By Representatives Parham of the 109th and Harris of the 8th:
A bill to provide for the licensure of home health agencies and applications therefor; to exempt home health services provided under certain conditions.

HB 1392. By Representative Birdsong of the 103rd:
A bill to amend Code Section 91A-1439, relating to removal from office of members of boards of tax assessors, so as to change the number of signatures required on a petition for removal.

HB 1430. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for an additional judge of the Superior Court of the Rome Judicial Circuit; to provide for the initial appointment of such judge; to pro vide for the elec.tion of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge.
HB 1509. By Representatives Nessmith of the 82nd, Reaves of the 147th, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act'", so as to change the provisions relating to the membership of agricultural commodities commissions.
HB 1565. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to create the Etowah Water and Sewer Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating proj ects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.

MONDAY, FEBRUARY 11, 1980

1179

HB 1573. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for full-time and part-time deputies and their com pensation.

HB 1597. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Oak Park, so as to change the corporate limits of said town.

HR 449. By Representative Johnson of the 74th:
A resolution designating the Georgia National Guard Armory in Covington, Georgia, as the "Joel Nathaniel Morgan National Guard Armory".

HB 463. By Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia so as to change a definition; to authorize the Board to execute contracts to pro vide benefits under such plan.

HR 476. By Representatives Birdsong of the 103rd and Baugh of the 108th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Danville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.
HR 518. By Representative Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution so as to change the amount of certain homestead exemptions from ad valorem taxes levied for county and school purposes in Twiggs County.

HR 527. By Representative Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Jeffersonville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.

HR 568. 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 provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of Lowndes County shall be exempt from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness.

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JOURNAL OF THE SENATE,

HR 587. By Representative Kemp of the 139th:
A resolution proposing an amendment to the Constitution so as to change the composition of the Liberty County Industrial Authority.

HR 614. By Representatives Russell of the 64th, Smyre of the 92nd, Marcus of the 26th and others:
A resolution providing for recognition and endorsement of the International Cultural Center, ICC Working Model and nonpolitical Global Plenipoten tiary Conference on Interim Arrangements for an International Cultural Center System.

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 571. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations and respon sibilities for the Newton County Industrial Development Authority by designating said Authority as a Development Authority within the meaning of the Act known as the "Development Authority Law", 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 50, nays 0.

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

SB 572. By Senator Broun of the 46th:
A bill to amend an Act creating the board of commissioners of Oconee County, as amended, so as to reconstitute the board.

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

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

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

MONDAY, FEBRUARY 11, 1980

1181

SB 573. By Senator Bryant of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city, as amended, so as to change the terms of office for the mayor and all city councilmen.

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

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

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

HB 1504. By Representative Crosby of the 150th:
A bill to amend an Act consolidating the office of tax receiver and tax collec tor of Clinch County into the office of tax commissioner of Clinch County, so as to authorize the board of commissioner within certain 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 50, nays 0.

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

HB 1505. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman of the board.

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

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

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

HB 1516. By Representatives Bostick and Veazey of the 146th:
A bill to provide a new Charter for the City of Cecil in the County of Cook; to provide for the corporate powers of said city.

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JOURNAL OF THE SENATE,

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

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

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

HB 1528. By Representatives Bostick and Veazey of the 146th:
A bill to amend an Act creating and establishing a Charter for the Town of Lenox, so as to change the provisions relating to the election 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 1595. By Representative Adams of the 79th:
A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements.

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

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 525. By Senator Evans of the 37th:
A bill to amend an Act creating the State Court of Fulton County so as to create for said State Court the office of Magistrate; to provide for the powers and jurisdiction of said magistrate.

MONDAY, FEBRUARY 11, 1980

1183

The Senate Committee on Community Affairs offered the following amendment:
Amend SB 525 by striking the word "three" where the same appears on Page 4, line 18, and inserting in lieu thereof the following:
"filed by the Board of Commissioners".

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 1069. By Representatives Twiggs and Colwell of the 4th: A bill to create the Georgia Mountain Fair Authority of Towns County.
The Senate Committee on Community Affairs offered the following amendment:
Amend HB 1069 by striking from lines 1 through 27 of Page 3 all of subsection (b) and inserting in lieu thereof the following:
"(b) The Authority shall be composed of the following five members: Robert L. Anderson, Ray Taylor, H. D. Paris, J. W. Denton, and Dale Thurman.
In the event a vacancy occurs on the Authority for any reason, the re maining members shall appoint a member to fill such vacancy, provided that such person shall be a member in good standing in the Towns Coun ty Lions Club. A majority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of a majority of the total membership of the Authority. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. The members of the Authority shall be reimbursed for all actual expenses incurred in the perfromance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence."
By striking from line 19 of Page 8 the following:
"ten (10)",

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JOURNAL OF THE SENATE,
and inserting in lieu thereof the following: "forty (40).
By striking from line 25 of Page 18 the following: "$500.00",
and inserting in lieu thereof the following: "$5,000.00".
By striking from lines 12 through 14 of Page 19 the following: "The governing authority of Towns County shall select the firm
which shall conduct the audit."

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 1596. By Representative Kemp of the 139th:
A bill to provide for the election of members of the Board of Education of Mclntosh County.

Senator Bryant of the 3rd offered the following amendment:
Amend HB 1596 by striking from Section 6 thereof the following:
"the day of the Presidential Preference Primary to be held in this state in 1980",
and substituting in lieu thereof the following:
"a day not less than 30 nor more than 45 days from the date of the call".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 11, 1980

1185

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

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

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

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

Those answering were Senators:

Allgood Ballard Barker Barnes Bond
Brantley Broun of 46th Brown of 47th Bryant
Carter Cobb Coverdell Dean Eldridge
English Evans
Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway
Horton Howard Hudson Johnson
Kennedy Kidd Land Langford Lester
Littlefield McGill
Overby

Those not answering were Senators:

Bell

Hudgins

Hill

Reynolds

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

Senator Eldridge of the 7th introduced the chaplain of the day. Reverend C. E. Wells, pastor of St. Mark A.M.E. Church, Atlanta, Georgia, who offered Scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 333. By Senator Fincher of the 52nd: A resolution commending the citizens of Rome, Georgia.

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JOURNAL OF THE SENATE,

SR 335. By Senators Foster of the 50th, Stephens of the 36th, Cobb of the 28th and others:
A resolution expressing the love, admiration and gratitude of the people of Georgia for Mr. Burt Reynolds for the many contributions he had made to the State.

SR 336. By Senator Hudgins of the 15th: A resolution commending Mr. Frank Littleton.

SENATE RULES CALENDAR
Monday, February 11, 1980
TWENTY-SEVENTH LEGISLATIVE DAY SB 515. Urban Redevelopment Law--remove interest rates on bonds issued
(BF&I--2nd)
SB 522. Board of Pilotage Commission for Port of Savannah--number of pilots (Trns--2nd)
SB 523. Bad Checks--provisions for prima facie evidence (Judy--27th)
SB 544. Residential Finance Authority Act--family farm program (AMENDMENT) (IL&Tou--9th) '
SB 545. Motor Vehicle Registration--penalty failure to register in timely manner (SUBSTITUTE) (Trns-48th)
SR 264. Silver-Haired Legislature--create (Hum R--36th)
SR 277. "Ben W. Fortson, Jr., State Building"--designating Archives Building (Gov Op--24th)
SR 282. County Tangible Property Tax Digest--classes of tangible property (BF&I--20th)
SR 289. Landowner Property Abutting State-Owned Property--easement (AMENDMENT) (Pub U--9th)
SR 298. George S. Carpenter Bridge--designating (SUBSTITUTE) (Trns--25th)
HB 696. Alcovy Judicial Circuit Judges--to provide for salary supplement (Judy--45th)
HB 815. Motor Vehicle Certificate of Title Act--exclude homemade trailers (Trns--48th)
HB 1144. Special State Primaries and Elections--failure validly to take office (GovOp-25th)
HB 1177. License Suspension, Cancellation--change provisions on points assessed (Trns--19th)
HB 1180. Subpoenaed Witness--amount per mile for traveling expenses (Judy--42nd)

MONDAY, FEBRUARY 11, 1980

1187

HB 1191. Board of Registration for Used Motor Vehicle Parts Dealers--continue until 7/1/82 (Gov Op 25)
HB 1192. Board of Registration of Used Car Dealers--continue until 7/1/82 (Gov Op--25th)
HB 1195. License Fee Tax on Automobiles, Trucks, Trailers--provisions for postponing payment (Trns--26th)
HB 1205. Beekeepers--maximum amount paid to destroy property to combat disease (Ag--24th)
HB 1211. Electric Membership Corporation--method of incorporation, amendment of articles (Judy--49th)
HB 1239. Walton County Superior Court--terms (Judy--49th)
HB 1251. Certain Health Insurance Policies--coversion privileges for insured spouses (SUBSTITUTE) (Judy--26th)
HB 1265. Officers, Employees Selling to Governments--those prohibited from making sales (Gov Op--48th)
HB 1278. Boat Safety Act--define certain terms (NREQ--20th)
HB 1302. Handicapped Parking--provide (Trns-- 35th)
HB 1420. Department of Transportation--lease parking facilities to rapid transit authority (Trns--48th)
HB 1421. Department of Transportation, County, City--lease for rental of real property (Trns--48th)
HB 1428. Education--programs for assistance for students beyond 12th grade (H Ed--45th)
HR 549. Chattooga County--conveyance of certain State-owned property (Pub U-53rd)
HR 558. Discount Programs for Needy Elderly--business establishments (IL&Tou-37th)
Respectfully submitted,
/si Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

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JOURNAL OF THE SENATE,

SB 515. By Senators Wessels of the 2nd, Lester of the 23rd and Turner of the 8th:
A bill to amend an Act known as the Urban Redevelopment Law, as amend ed, so as to remove the interest rate on bonds issued by a municipality; to provide that bonds may be sold to an institution insured by an agency of the federal government at not less than par at private sale.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Stephens Rummers Sutton Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brown of 47th Holloway (presiding) Howard

Hudson Littlefield Starr Stumbaugh

Tate Thompson Timmons

On the passage of the bill, the yeas were 44, nays 0.

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

SB 522. By Senators Wessels of the 2nd, Riley of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage so as to increase the number of pilots the Board of Pilotage Commissioners for the port of Savannah is authorized to license.

MONDAY, FEBRUARY 11, 1980

1189

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

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Hudson Johnson Kennedy Kidd Land Lester McGill Overby Paulk Reynolds

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

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Broun of 46th (excused conferee) English

Holloway (presiding) Howard Langford

Littlefield Thompson

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 523. By Senators Robinson of the 27th, Greene of the 26th, Johnson of the 34th and others: A bill to amend Code Section 26-1704, relating to bad checks, as amended, so as to provide that it shall be prima facie evidence that the accused knew the instrument would be dishonored if notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address on the instrument or given by the accused at the time of issuance of the instrument.

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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:

Ballard Barker Bell Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land McGill Paulk

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

Those voting in the negative were Senators:

Allgood Barnes Bond

Brown of 47th Langford Overby

Reynolds Tate Tysinger

Those not voting were Senators:

Evans Holloway (presiding)

Lester Littlefield

Stephens

On the passage of the bill, the yeas were 41, nays 9. The bill, having received the requisite constitutional majority, was passed.

SB 544. By Senators Sutton of the 9th, Howard of the 42nd, Eldridge of the 7th and others:
A bill to amend an Act known as the "Georgia Residential Finance Authori ty Act", as amended, so as to provide for legislative findings and declaration of public necessity for the family farm program; to change certain defini tions; to define "family farm".

MONDAY, FEBRUARY 11, 1980

1191

Senator Sutton of the 9th offered the following amendment:
Amend SB 544 by adding on Page 9, line 13, after the word "land" the words "and improvements",
and
By adding on Page 9, line 16, after the word "that" the following: "if",

and
By striking on Page 9, line 17 the word "to" and inserting in lieu thereof the word "it",
and
By striking on Page 9, line 27 the word "seller" and inserting in lieu thereof the word "applicant",

and By adding on Page 9, line 28 after the word "sale" the following: "or",
and By striking on Page 12, line 28 the figure "200" and inserting in lieu
thereof the figure "300".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Sutton of the 9th offered the following amendment:
Amend SB 544 by adding on Page 12, line 34, after the word
"notes."
the following:
"Provided, the authority shall at no time co-mingle funds derived from the issue of bonds and notes used in its residential housing program with the funds derived from the issue of bonds and notes used in its family farm pro gram, nor shall funds derived from the issue of bonds and notes used in its residential housing program be liable for any deficit, default or failure of the family farm program, nor shall the funds derived from the issue of bonds and notes used in its family farm program be liable for any deficit, default or failure of the residential housing program."

1192

JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Those not voting were Senators:

Holloway (presiding)

Russell

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Ty singer Wessels
Walker

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

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

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

Mr. President:

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

MONDAY, FEBRUARY 11, 1980

1193

HB 1342. By Representatives Games of the 43rd, Greer of the 43rd, Johnston of the 56th and others:
A bill to prevent unfair business practices; to foster vigorous and healthy competition in the malt beverage industry; to promote and keep alive a sound and stable system of distribution of malt beverages to the public; to promote the public helath, safety, and welfare.

HB 1368. By Representatives Fortune and Mostiler of the 71st, Johnson of the 74th and others:
A bill to amend Code Chapter 26-20, relating to sexual criminal offenses, so as to provide that it shall be unlawful to publish or publicize the name or identity of any person who has committed an offense proscribed by this chapter against a member of his family or to publish or publicize the name or identity of such a family member victim.

The following resolution of the Senate was taken up for the purpose of considering the House action thereon:

SR 247. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an instrumentali ty of the State of Georgia to be known as the Gwinnett Judicial Building Authority: to provide for the submission of this amendment for ratification or rejection.

The House amendments were as follows:

Amendment No. 1:

Amend SR 247 by striking from lines 31 through 33 on Page 9 and from lines 1 and 2 on Page 10 the following sentence:

"In the event the amount of revenue bonds authorized to be outstanding becomes subject to be increased, the change authorizing the increase may be accomplished by an Act of the General Assembly.",

and by substituting in lieu thereof the following sentence:

"The limitation on the amount of revenue bonds that may be outstanding as hereinabove provided may be changed by the General Assembly pursuant to paragraph CC of this amendment."

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JOURNAL OF THE SENATE,

By adding on Page 4, line 19 after the word "government" the follow ing:

"It shall cause an annual audit of its financial records to be made by a certified public accountant and shall have the findings published in the county organ."

By adding on Page 15, line 31 after the word "sale" the following:

"(which sale must be by public aution)."

By adding on Page 16, line 15 after the word "provided" the following:

"Such sinking fund must draw interest at the highest available rate.' Amendment No. 2:

Amend SR 247 by striking from lines 31 through 33 on Page 9 and from lines 1 and 2 on Page 10 the following sentence:
"In the event the amount of revenue bonds authorized to be out standing becomes subject to be increased, the change authorizing the in crease may be accomplished by an Act of the General Assembly.",
and by substituting in lieu thereof the following sentence:
"The limitation on the amount of revenue bonds that may be outstanding as hereinabove provided may not be changed by the General Assembly pursuant to paragraph CC of this amendment."

Amendment No. 3: Amend SR 247 by adding on Page 15, line 31 after the word "sale"
the following: "(which sale must be by public auction.)"

Amendment No. 4: Amend SR 247 by adding on Page 4, line 19, after the word "government"

MONDAY, FEBRUARY 11, 1980

1195

the following:
"It shall cause an annual audit of its financial records to be made by a certified public accountant and shall have the findings published in the county organ."

Amendment No. 5: Amend SR 247 by adding on Page 16, line 15, after the word "provided"
the following: "Such sinking fund must draw interest at the highest available rate."

Senator Reynolds of the 48th moved that the Senate agree to the House Amend ments Nos. 1,2,3,4 and agree to No. 5 as amended by the following amendment:
Amend House Amendment No. 5 to SR 247 by striking the last two words of the amendment which read as follows:
"available rate",
and inserting in lieu thereof the following:
"rate reasonably available and consonant with the best interests and soundness of the Fund."

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 Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincherof 52nd Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

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Those not voting were Senators:

Fincher of 54th Holloway (presiding)

Overby Russell

Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to House Amendments Nos. 1,2,3,4 and No. 5 as amended by the Senate.

Senator Bryant of the 3rd moved that the following local bill of the House, passed previously today, be immediately transmitted to the House:

HB 1596. By Representative Kemp of the 139th:
A bill to provide for the election of members of the Board of Education of Mclntosh County.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1596 was immediately transmitted to the House.

Senator Horton of the 17th moved that the following local bill of the House, passed previously today, be immediately transmitted to the House:

HB 1595. By Representative Adams of the 79th:
A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1595 was immediately transmitted to the House.

Senator Starr of the 44th assumed the Chair.

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

SB 545. By Senator Reynolds of the 48th:
A bill to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, so as to provide for a penalty for failure to register a motor vehicle in a timely manner as provided by law; to provide a penalty for completing an application for registration with false informa tion.

MONDAY, FEBRUARY 11, 1980

1197

The Senate Committee on Transportation offered the following substitute to SB 545:

A BILL
To be entitled an Act to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, so as to provide for a penalty for failure to register a used vehicle in a timely manner as provided by law; to provide for a penalty for willfully completing an application for registra tion with false information; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 68-2, relating to the registration and licensing of motor vehicles, is hereby amended by striking Code Section 68-201 in its entirety and substituting in lieu thereof a new Code Section 68-201 to read as follows:
"68-201. Registration and license of motor vehicles and chauffeurs; penalties, (a) Every owner of a motor vehicle, trailer, tractor (except trac tors used only for agricultural purposes) or motorcycle shall, on or before the first day of April each year, before he shall operate such motor vehi cle, tractor, trailer or motorcycle, register such vehicle in the office of the State Revenue Commissioner and obtain a license to operate the same for the ensuing year, and every chauffeur employed to operate a motor vehi cle shall likewise register and obtain a license as hereinafter provided.
(b) In addition, every purchaser of a new, used, or unregistered motor vehicle, trailer, tractor (except tractors used for agricultural pur poses) or motorcycle shall within seven days from the date of purchase either apply for a transfer of the registration into his name or apply in his name for the purchase of a license plate for the vehicle. Should the owner of a motor vehicle fail to register said vehicle in a timely manner as pro vided by law, there shall be assessed against the owner of said vehicle a penalty of $10.00 in addition to any other penalties provided by law. This penalty is to be retained by the county through which application for registration or purchase of license plate is made.
(c) Provided, that on and after the second day of April in each year the owner of an automobile, truck or trailer, registered for the previous year, who shall have failed to comply with the provisions of this section, shall be deemed and held to be a delinquent under the provisions of this section, and the registration of such automobile, truck or trailer shall, on said second day of April and thereafter, be subject to a penalty of 25 per cent of the registration fee for said automobile, truck or trailer in addi tion to the fee herein provided; and all applications made to the state revenue commissioner for the registration of said delinquent automobile, truck or trailer shall, before being accepted by the state revenue commis sioner, be first endorsed by the sheriff or a deputy sheriff, chief of police, or his designated representative, or by a state highway patrolman or by a state revenue field inspector or by a Department of Transportation motor vehicle inspector or by a tax collector; and the officer endorsing such

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JOURNAL OF THE SENATE,

delinquent application shall indicate, with his endorsement on said ap plication, the total amount of the prescribed registration fee together with the 25 percent penalty herein provided and the sum of $1.00, and the full total of such amount shall be remitted or paid to the tax commis sioner or tax collector before any license tag or serial numbers as provid ed for in this chapter shall be assigned to said applicant: Provided, fur ther, that the purpose of this provision being the better and more com plete enforcement of the motor vehicle law, all such penalties as are herein assessed shall be accredited in the office of the tax commissioner or tax collector when received in the name of the officer making the en dorsement without regard to the residence of the applicant, whether the same are received through the exercise of their authorities as arresting of ficer or whether through appearance of the applicant at their offices for proper endorsement on an application; and between the first and fifth days of each calendar month the tax commissioner or tax collector shall remit to the respective fiscal authorities the full amount of such penalties accredited to such officers during and for the preceding calendar month: Provided, the full amount of all penalties collected in such counties shall be remitted to the fiscal authorities of such counties and cities: Provided, however, all sums accredited to the Department of Transportation motor vehicle inspectors shall be paid to the county fiscal authorities, and it shall be expressly understood and provided that the penalty herein levied and designated shall be in lieu of and stand in the place of any and all other penalties for delinquency in the registration provided for in this sec tion on or before the first day in April in each year: Provided, further, that the provisions of this section shall not apply to motor vehicles, trailers, tractors or motorcycles owned by the State of Georgia or any municipality or other political subdivision of this state and used ex clusively for governmental functions: Provided, further, that the provi sions of this section shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination, not to any trailer that has no springs, which is pulled from a tongue, and used primarily to transport fertilizer to the farm: Pro vided, further, that the provisions of this section shall not apply to a motorized cart as defined by Section 68-101.1
(d) Any person, firm or corporation willfully completing an applica tion for registration with false information shall be assessed a penalty of $50.00. Said penalty shall be in addition to and cumulative to any criminal penalties provided elsewhere. This penalty shall be paid to the State of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 3. This Act shall become effective on July 1, 1980.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

MONDAY, FEBRUARY 11, 1980

1199

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby

Those not voting were Senators:

Fincher of 52nd Holloway (excused conferee)

Howard Johnson Littlefield

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

Paulk Reynolds Riley Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels
Russell Starr (presiding) Timmons

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

SR 264. By Senators Stephens of the 36th, Fincher of the 52nd and Hudson of the 35th:
A resolution creating the Silver-Haired Legislature.

Senator Stephens of the 36th moved that SR 264 be postponed until Tuesday, February 12.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 264 was postponed until Tuesday, February 12.

SR 277. By Senators McGill of the 24th, Fincher of the 54th, Russell of the 10th and others:
A resolution designating the State Archives and Records Building as the "Ben W. Fortson, Jr., State Building".

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JOURNAL OF THE SENATE,

Senator McGill of the 24th offered the following amendment:
Amend SR 277 by adding on Page 1, line 2, and on Page 2, line 21, after the word "State" and before the word "Building" the following:
"Archives and Records".

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 adoption of the resolu tion, was agreed to as amended.

On the adoption of the resolution, a roll call vote 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 Bryant Carter Cobb Coverdell Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Dean Fincher of 52nd

Holloway (excused conferee) Johnson Land

Langford Russell Starr (presiding)
Wessels

On the adoption of the resolution, the yeas were 45, nays 0.

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

MONDAY, FEBRUARY 11, 1980

1201

The President resumed the Chair.
SR 282. By Senators Gillis of the 20th, Riley of the 1st, Kennedy of the 4th and others: A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests; 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 VII, Section I, Paragraph III of the Constitution is hereby amended by inserting before the period at the end of the second sentence in the first unnumbered paragraph thereof the following:
", except that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commis sioner when reviewing and approving county tangible property tax digests",
so that when so amended the first unnumbered paragraph of Article VII, Section I, Paragraph III shall read as follows:
"All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be unilorm upon the same class of subjects within the territorial limits of the authority levying the tax, ex cept that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I ot the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the General Assembly may by law establish one or more classes
[ ] NO of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangi ble property tax digests?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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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 resolu tion, was agreed to.

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Brantley Broun of 46th
Brown of 47th Bryant Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Howard Hudgins
Kennedy Kidd Langford Lester Littlefield McGill Overby Reynolds Riley

Robinson Scott Starr Stephens Stumbaugh
Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes Bond

Coverdell Evans Hudson

Land Tate

Those not voting were Senators:

Hill Holloway (excused conferee)

Horton Johnson

Paulk Russell

On the adoption of the resolution, the yeas were 41, nays 8.

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

Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting SR 282.

MONDAY, FEBRUARY 11, 1980

1203

SR 289. By Senator Sutton of the 9th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey property in Colquitt County to landowners whose property abuts State of Georgia owned property and their adjoining landowners an easement for ingress and egress to their property.

The Senate Committee on Public Utilities offered the following amendment:
Amend SR 289 on Page 1, line 3 by adding after the word "abuts", the following:
"certain", and
By adding on Page 2, line 12 after the word "property", the following:
"located in Colquitt County, Georgia, and Reed Bingham State Park".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

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Those not voting were Senators:

Horton Hudgins

Johnson Russell

Stumbaugh Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.
SR 298. By Senator Kidd of the 25th:
A resolution designating the George S. Carpenter Bridge.
The Senate Committee on Transportation offered the following substitute to SR 298:
A RESOLUTION
Designating the George S. Carpenter Bridge; and for other purposes.
WHEREAS, Honorable George S. Carpenter served as a Superior Court Judge for the Ocmulgee Judicial Circuit from January 1, 1943, to January 1, 1974; and
WHEREAS, Judge Carpenter was highly respected by the legal profes sion throughout the State of Georgia, and his long record of distinguished service will always be remembered; and
WHEREAS, he also served as Mayor of Milledgeville and provided ex cellent leadership to the city during a period of rapid growth; and
WHEREAS, he was active in the civic, fraternal, and religious affairs of his community; and
WHEREAS, his dedication to his judicial duties was second only to his love and dedication to his family; and
WHEREAS, it is only fitting and proper that the new bridge on Thomas Street in Milledgeville, Georgia, be named after Judge Carpenter.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new bridge erected on Thomas Street in Milledgeville, Georgia, is hereby named and designated the George S. Carpenter Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation, with the approval of the federal Department of Transportation is hereby authorized and directed to erect appropriate signs on the approaches to said bridge, designating said bridge as the George S. Carpenter Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to

MONDAY, FEBRUARY 11, 1980

1205

the family of Honorable George S. Carpenter, to the commissioner of the State Department of Transportation, and to the Secretary'of Transportation, Department of Transportation, Washington, D.C.

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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 54th Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Scott Starr Stephens Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Fincher of 52nd Holloway (excused conferee) Horton

Hudgins Johnson Littlefield Robinson

Russell Stumbaugh Summers Thompson

On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
HB 696. By Representative Johnson of the 74th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit so as to repeal the expense allowances for the judges of said circuit; to provide a salary supplement for the judges of said circuit.
Senate Sponsor: Senator Ballard of the 45th.

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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 Barker Barnes Bell Bond
Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill
Holloway Howard Hudson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Scott
Starr Stephens Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Brown of 47th Horton
Hudgins

Johnson Littlefield Russell

Stumbaugh Summers Thompson

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 815. By Representatives Hasty of the 8th, Smith of the 152nd and Johnson of the 66th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to define a homemade trailer for the purposes of the Act; to ex clude homemade trailers from the operation of the Act.
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:

MONDAY, FEBRUARY 11, 1980

1207

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell Dean
Eldridge

English Evans Fincher of 54th Foster Gillis Greene Hill
Howard Kennedy Kidd Land Langford
Lester McGill
Overby

Those not voting were Senators:

Fincher of 52nd Holloway (excused conferee) Horton Hudgins

Hudson Johnson Littlefield Riley (excused conferee)

Paulk Reynolds Scott Starr Stephens Summers Button Tate Thompson Timmons Turner Tysinger Walker Wessels
Robinson Russell Stumbaugh

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

Senator Broun of the 46th moved that the following local bill of the Senate be im mediately transmitted to the House:

SB 572. By Senator Broun of the 46th:
A bill to amend an Act creating the board of commissioners of Oconee County, as amended, so as to reconstitute the board.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 572 was im mediately transmitted to the House.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1144. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to amend Code Section 34-1514, relating to special primaries and elections under the Georgia Election Code, so as to provide for special elec tions for failure validly to take office.
Senate Sponsor: Senator Kidd of the 25th.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean
Eldridge

English Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Land Langford Lester McGill Overby

Those not voting were Senators:

Paulk Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Evans Fincher of 52nd Fincher of 54th Holloway (excused conferee)

Horton Hudgins Johnson Littlefield

On the passage of the bill, the yeas were 43, nays 0.

Riley (excused conferee) Russell Stumbaugh Thompson

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

HB 1177. By Representatives Jessup of the 117th, Edwards of the 110th, Knight of the 67th and others:
A bill to amend Article III of Code Title 68B, relating to cancellation, suspension and revocation of licenses, so as to change the provisions relating to points assessed for offenses with respect to the suspension or revocation of licenses; to change the provisions relating to habitual violators.
Senate Sponsor: Senator Walker of the 19th.

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

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

MONDAY, FEBRUARY 11, 1980

1209

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Barnes Bell
Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge Engl ish
Evans

Fincher of 54th Foster Gillis
Greene Hill
Holloway Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds
Riley Robinson
Scott Starr Stephens Summers Sutton Tate Timmons Turner Tysinger Wessels

Those not voting were Senators:

Coverdell
Fincher of 52nd Horton

Johnson
Littlefield Russell

Stumbaugh
Thompson Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

The President announced the Senate would stand in recess from 12:10 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.

The following bills of the House were read the first time and referred to commit tees:

HB 1342. By Representatives Carnes and Greer of the 43rd, Johnston of the 56th and others:
A bill to prevent unfair business practices; to foster vigorous and healthy competition in the malt beverage industry, to promote and keep alive a sound and stable system of distribution of malt beverages to the public; to promote the public health, safety and welfare.
Referred to Committee on Industry, Labor and Tourism.

HB 1368. By Representatives Fortune and Mostiler of the 71st, Johnson of the 74th, and others:
A bill to amend Code Chapter 26-20, relating to sexual criminal offenses, so as to provide that it shall be unlawful to publish or publicize the name or identity of any person who has committed an offense proscribed by this

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JOURNAL OF THE SENATE,

chapter against a member of his family or to publish or publicize the name or identity of such a family member victim.
Referred to Committee on Special Judiciary.

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

HB 1180. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act comprehensively revising the laws relating to sub poenas and other like processes and providing for the attendance of witnesses and the fees thereof, so as to provide for the amount to be allotted per mile for traveling expenses for witnesses. Senate Sponsor: Senators Brantley of the 56th and Hudson of the 35th. Senator Barnes of the 33rd offered the following amendment:
Amend HB 1180 by renumbering Section 3 Section 4 and by adding a new Section 3 to read as follows:

"This Act shall apply to all subpoenas issued prior to the effective date of this Act."

and

by adding a new Section 5 to read as follows:

"This Act shall be effective upon the signature or approval of the Governor or said Act becoming effective without the approval of the Governor."

and

by adding after "laws;" on Page 1, line 8 the following:

"to provide that this Act shall apply to subpoenas presently issued; to provide an effective date;".
On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th
Brown of 47th

Carter Cobb Dean Eldridge Fincher of 52nd Fincher of 54th
Foster

Gillis Greene Hill Horton Howard Kennedy
Land

MONDAY, FEBRUARY 11, 1980

1211

Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens

Those not voting were Senators:

Allgood Brantley Bryant Coverdell English Evans

Holloway (excused conferee) Hudgins Hudson Johnson Kidd

On the passage of the bill, the yeas were 38, nays 0.

Summers Sutton Timmons Turner ^ysinger
Littlefield Stumbaugh Tate Thompson Walker Wessels

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehi cle Rebuilders, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982.
Senate Sponsor: Senator Kidd of the 25th.

Senator Robinson of the 27th moved that HB 1191 be committed to the Committee on Consumer Affairs.

On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Carter Cobb Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Holloway Horton Howard Land Langford Lester McGill Paulk

Riley Robinson Russell Scott Starr Stephens Summers Sutton Timmons Turner Tysinger Wessels

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Brown of 47th Dean

Foster Kennedy

Those not voting were Senators:

Bryant Coverdell Hill Hudgins

Hudson Johnson Kidd Littlefield

Overby Reynolds
Stumbaugh Tate Thompson Walker

On the motion, the yeas were 37, nays 6; the motion prevailed, and HB 1191 was committed to the Committee on Consumer Affairs.

HB 1192. By Representative Jessup of the 117th:
A bill to amend an Act which provides for a State Board of Registration of Used Car Dealers, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982. Senate Sponsor: Senator Kidd of the 25th.
Senator Robinson of the 27th moved that HB 1192 be committed to the Committee on Consumer Affairs.

On the motion, the yeas were 31, nays 5; the motion prevailed, and HB 1192 was committed to the Committee on Consumer Affairs.

HB 1195. By Representatives Home of the 104th, Phillips of the 120th, Johnson of the 72nd and others:
A bill to amend Code Section 91A-236, relating to the date for payment of tax or making return when the due date falls on a Saturday, Sunday, or legal holiday, so as to provide for the postponement of the payment of taxes of license fees on automobiles, trucks, and trailers when the date for payment falls on a Saturday, Sunday, or legal holiday.
Senate Sponsor: Senator Greene of the 26th.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes

Bell Bond Brantley Broun of 46th

Brown of 47th Bryant Carter Cobb

MONDAY, FEBRUARY 11, 1980

Dean Eldridge English
Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard

Kennedy Kidd Land
Langford Lester McGill Overby Paulk Reynolds Riley Robinson

Those not voting were Senators:

Coverdell Evans Fincher of 52nd Hudgins

Hudson Johnson Littlefield

On the passage of the bill, the yeas were 45, nays 0.

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

1213

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

HB 1205. By Representatives Reaves of the 147th, Patten of the 149th, Hanner of the 130th and Long of the 142nd:
A bill to amend Code Section 5-908, relating to compensation for destroyed bees, hives, and other equipment, so as to change the maximum amount of compensation which may be paid by the Department of Agriculture to Georgia resident beekeepers for destruction of their property for purposes of combating the spread of bee diseases.
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 Barker Barnes Bell
Bond Brantley Broun of 46th Brown of 47th

Bryant Carter Cobb Dean
Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard

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JOURNAL OF THE SENATE,

Hudson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Coverdell Hudgins

Johnson Littlefield

Summers Sutton Tate Timmons Turner Tysinger Walker Wessels
Stumbaugh Thompson

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1211. By Representatives Lambert of the 112th, Vaughn of the 57th and Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporation Act", so as to change the method of incorporation, amendment of articles of incorporation, and consolidation of electric membership corporations. 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 Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard

Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby
Paulk Reynolds

Riley Robinson Russell Scott Starr

MONDAY, FEBRUARY 11, 1980

1215

Stephens Summers Sutton Tate Thompson

Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Coverdell

Johnson

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

Stumbaugh

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

HB 1239. By Representatives Carrell of the 75th and Johnson of the 74th: A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relative to the terms of the Superior Court of Walton County.
Senate Sponsors: Senators Overby of the 49th and 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 Barker Barnes Bell Bond Brantley Broun of 46th
Bryant Carter
Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins
Hudson Johnson
Kennedy Kidd Land Langford Lester Littlef ield

McGill Overby Paulk Reynolds Robinson Russell Scott Starr
Stephens Sutton
Tate Thompson Timmons Turner Tysinger Wessels

1216

JOURNAL OF THE SENATE,

Those not voting were Senators:

Brown of 47th Coverdell Evans

Riley (excused conferee) Stumbaugh

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

Summers Walker

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 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.

The Conference Committee report was as follows:

The Conference Committee on HB 277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 277 be adopted.

FOR THE SENATE:
Isl Thomas F. Allgood Senator, 22nd District
Is/ W. D. Ballard Senator, 45th District
/s/ Roy E. Barnes Senator, 33rd District

Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES:
Is/ Thomas B. Buck, III Representative, 95th District
/s/ Gary C. Cason Representative, 96th District
/s/ Albert W. Thompson Representative, 93rd District

Conference Committee substitute to HB 277:
A BILL
To be entitled an act to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a

MONDAY, FEBRUARY 11, 1980

1217

debt, approved March.25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), so as to provide that no future extension of credit, shall be secured by virtue of an "open-end" clause in the mortgage or deed to secure debt if the grantor of the instrument has transferred fhe property or a valuable interest therein and if the transfer instrument has been filed for record and actual knowledge of such transfer given to the holder of such mortgage or deed to secure debt; provided, however, that advances made to pay taxes, premiums on insurance, to pay sums due the holder of a deed to secure debt or lien on the property without which payment the secured position of the holder of the mortgage or deed to secure debt advancing such payment would be jeopardized, to repair, main tain or preserve the property and to complete improvements on the proper ty, and expenses incident to the collection of the secured debt and the foreclosure thereof by court action and/or by exercise of a power of sale, shall be secured by a real estate mortgage or deed to secure debt whether or not such mortgage or deed to secure debt contains clauses providing therefore; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), is hereby amended by deleting Sec tion 1 in its entirety, and substituting a new Section 1 as follows:
"Section 1. The operation of 'open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provide that such instruments or the property thereby conveyed secure, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor is limited to other debts or obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such securi ty instrument. The term 'original parties' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated."
Section 2. Said Act is further amended by adding following Section 1 thereof ? new section to be designated Section 2, to read as follows:
"Section 2. (a) A real estate mortgage or deed conveying realty as security for a debt shall secure (whether or not it contains clauses pro viding therefor) advances made to pay taxes, to pay premiums on in surance on the property, to pay sums due the holder of a deed to secure debt or lien on the property without which payment the secured position of the holder of the mortgage or deed to secure debt advancing such pay ment would be jeopardized, to repair, maintain or preserve the property, and to complete improvements on the property whether such advances were made by the original owner or any subsequent owner of the mort gage or deed to secure debt, and whether the property is still owned by the original mortgagor or grantor or owned by a subsequent purchaser of such property, and shall secure all expenses incident to the collection of the debt thereby secured and the foreclosure thereof by action in any court and/or by exercise of the power of sale therein contained.

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JOURNAL OF THE SENATE,

(b) Except for the above-described advances set out in subsection (a) above, any extension of credit to the mortgagor or grantor after the effec tive date of this Act, as to any debt or obligation arising subsequent to the actual notice of transfer of property or any valuable interest therein as hereinafter provided shall not be secured by virtue of the operation of an 'open-end' clause described in Section 1 if the grantor of the instrument containing such 'open-end' clause has transferred the property subject to such instrument or any valuable interest in such property if the instru ment effecting such transfer has been filed for record and actual notice of such transfer given to the holder of such instrument. In addition to other means of furnishing actual notice, for the purpose of this subsection, 'ac tual notice' shall be deemed to have been given to the holder of such in strument upon evidence that a properly stamped envelope addressed to said holder at its principal office, containing a copy of the recorded transfer, was placed in the United States Mail for Registered or Certified delivery and the holder or an officer, agent, employee or representative of the holder acknowledged receipt thereof on a United States Postal Ser vice Return Receipt Form for Registered or Certified Mail Delivery.
(c) Notwithstanding subsections (a) and (b) above and the oc currence of any of the events, acts or conditions described therein, a real estate mortgage or deed conveying realty as security for a debt shall con tinue to secure any debt or obligation named or described therein and any advance permitted by Section 2 of said Act."
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 adopt the Conference Committee Report on HB 277.

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 Bryant Carter Cobb Dean Eldridge English Evans Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield

McGill Overby Paulk Reynolds Robinson Russell Scott Starr Summers Tate Thompson Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 11, 1980 Voting in the negative were Senators Langford and Sutton.

1219

Those not voting were Senators:

Barker Coverdell Fincher of 52nd

Riley (excused conferee) Stephens

Stumbaugh Timmons

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 277.

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 527, By Senator Paulk of the 13th:
A bill to consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office.

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

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide con version privileges for insured former spouses.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary offered the following substitute to HB 1251:
A BILL To be entitled an Act to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies

1220

JOURNAL OF THE SENATE,
and plans provide conversion privileges for insured former spouses; to pro vide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 56, relating to the Georgia Insurance Code, is hereby amended by adding a new section after Code Section 56-3004, relating to required provisions of accident and sickness insurance policies, to be designated Code Section 56-3004.1, to read as follows:
"56-3004.1. Conversion privileges for insured former spouse re quired. (1) No individual policy of accident and sickness insurance of fered for sale in this state, other than a policy of credit accident and sickness insurance, which provides coverage for hospital or medical ex penses on either an expense incurred basis or other than on an expense in curred basis, which in addition to covering the insured also provides coverage to the spouse of the insured, may contain a provision for ter mination of coverage for a spouse covered under the policy solely as a result of a break in the marital relationship except by reason of an entry of a valid decree of divorce between the parties.
(2) Every such policy which contains a provision for termination of coverage of the spouse upon divorce shall contain a provision to the effect that, upon the entry of a valid decree of divorce between the insured par ties, the divorced spouse shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 31 days following the entry of such decree and upon the payment of the appropriate premium, an individual policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of divorce or any other similar in dividual policy then being issued by the insurer which contains lessor coverage. Any and all probationary or waiting periods set forth in such an individual policy shall be considered as being met to the extent coverage was in force under the prior policy.
(3) The provisions of this section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
Section 2. Said Code title is further amended by adding a new section after Code Section 56-3102, relating to required provisions of group acci dent and sickness policies, to be designated Code Section 56-3102.1, to read as follows:
"56-3102.1.'Conversion privileges for insured former spouse re quired. (1) No group policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness in surance, which provides coverage for hospital or medical expenses on either an expense incurred basis or other than on an expense incurred basis, which in addition to covering the insured also provides coverage to

MONDAY, FEBRUARY 11, 1980

1221

the spouse of the insured, may contain a provision for termination of coverage for a spouse covered under the policy solely as a result of a break in the marital relationship except by reason of an entry of a valid decree of divorce between the parties.
(2) Every such policy which contains a provision for termination of coverage of the spouse upon divorce shall contain a provision to the effect that, upon the entry of a valid decree of divorce between the insured par ties, the divorced spouse shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 31 days following the entry of such decree and upon the payment of the appropriate premium, an individual policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of divorce or any other similar in dividual policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual policy shall be considered as being met to the extent coverage was in force under the prior policy.
(3) The provisions of this section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization or any other similar entity."
Section 3. The provisions of this Act shall apply to insurance policies delivered or issued for delivery in this state on or after January 1, 1981.
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:

Those voting in the affirmative were Senators:

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

Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard

1222
Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill Overby

JOURNAL OF THE SENATE,
Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

Those not voting were Senators:

Barker Coverdell

Johnson Langford

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

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Stumbaugh

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

HB 1265. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend Code Section 26-2306, relating to officers or employees sell ing to governments or political subdivisions, so as to change who is pro hibited from making certain sales.
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 Bryant Carter Cobb

Dean Eldridge English Evans Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard

Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott

MONDAY, FEBRUARY 11, 1980

1223

Starr Stephens Summers Sutton Tate

Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell Fincher of 52nd

Stumbaugh

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

Timmons

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

HB 1278. By Representatives Adams of the 36th, Lane of the 40th, Games of the 43rd and Rainey of the 135th:
A bill to amend an Act known as the "Georgia Boat Safety Act," so as to provide definitions for certain terms; to replace the phrase "Game and Fish Division" with the term "Department".
Senate Sponsor: Senators Gillis of the 20th and 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker

1224

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Eldridge Littlefield

Riley

Those not voting were Senators:

Coverdell Horton

Johnson Stumbaugh

Wessels Summers

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Committee on Consumer Affairs and committed to the Committee on Govern mental Operations:

HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehi cle Rebuilders, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982.

On the motion, the yeas were 33, nays 2; the motion prevailed, and HB 1191 was withdrawn from the Committee on Consumer Affairs and committed to the Committee on Governmental Operations.

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Committee on Consumer Affairs and committed to the Committee on Govern mental Operations:

HB 1192. By Representative Jessup of the 117th:
A bill to amend an Act which provides for a State Board of Registration of Used Car Dealers, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1192 was withdrawn from the Committee on Consumer Affairs and committed to the Committee on Governmental Operations.

The following general bills and resolutions of the House, favorably reported by the committees, was read the third time and put upon their passage:

MONDAY, FEBRUARY 11, 1980

1225

HB 1302. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles, so as to provide for handicapped parking; to provide for a short title; to define terms; to provide for a system of handicapped parking permits to be ad ministered by the Department of Public Safety.
Senate Sponsor: Senator Greene of the 26th.

Senator Richard Greene of the 26th offered the following amendment:

Amend HB 1302 by striking from line 24 and line 25 of Page 4 the following:
"guilty of a misdemeanor",
and substituting in lieu thereof the following:
"subject to a fine not to exceed $10.00".

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Bryant Carter
Cobb Dean Eldridge
English Fincher of 52nd

Fincher of 54th Gillis Greene Hill Holloway Horton Howard Hudgins Hudson
Kennedy Kidd
Land Langford Lester
Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Summers
Sutton Tate
Thompson Turner Tysinger
Walker Wessels

1226

JOURNAL OF THE SENATE,

Those not voting were Senators:

Coverdell Evans Foster

Johnson Stephens

On the passage of "the bill, the yeas were 48, nays 0.

Stumbaugh Timmons

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1420. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to allow the Department of Transportation to lease parking facilities constructed by the Department to any rapid transit authority created by the General Assembly.
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 Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 54th Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Sutton Tate Thompson Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 11, 1980

Those not voting were Senators:

Coverdell Fincher of 52nd Foster

Littlefield Stephens Stumbaugh

Summers Timmons

1227

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1421. By Representatives Lane of the 81st, Triplett of the 128th, Oldham of the 14th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to allow the Department, county or municipality to negotiate a lease for the rental to the owner or occupant of real property un til such property is needed for public road or other transportation purposes.
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 Bryant
Carter Cobb Dean
Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton
Howard Hudgins Hudson
Kennedy Kidd Land
Langford Lester Littlefield

McGill Overby Paulk Reynolds Riley Robinson Scott
Starr Summers Sutton
Tare Thompson Turner
Tysinger Walker Wessels

1228

JOURNAL OF THE SENATE,

Those not voting were Senators:

Coverdell Foster Johnson

Russell Stephens

Stumbaugh Timmons

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1428. By Representatives Gignilliat of the 122nd, Battle of the 124th, Logan of the 62nd and others:
A bill to amend Code Title 32, relative to education, so as to comprehensive ly revise, supersede, and consolidate certain laws relating to various state programs providing assistance for students to obtain an education beyond the twelfth grade.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean
Eldridge English
Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Howard Johnson Kennedy Kidd Langford Lester
Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Summers Sutton Tate Thompson Turner
Tysinger Walker

MONDAY, FEBRUARY 11, 1980

1229

Those not voting were Senators:

Coverdell Foster Hudgins

Hudson Land Stephens

Stumbaugh Timmons Wessels

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 549. By Representative Crawford of the 5th:
A resolution authorizing the State Properties Commission on behalf of the State of Georgia to convey certain State-owned real property located in Chattooga County, Georgia to Tom S. Fisher, and the acceptance of certain property owned by Tom S. Fisher, located in Chattooga County, Georgia.
Senate Sponsor: Senator Summers of the 53rd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Greene Hill Holloway Horton Howard Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

1230

JOURNAL OF THE SENATE,

Those not voting were Senators:

Coverdell Foster

Hudgins Hudson

Stephens Stumbaugh

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 558. By Representatives Beal of the 28th, Williams of the 54th, Watkins of the 34th and others: A resolution urging the adoption by retail business establishments in this state of discount programs for needy elderly citizens. Senate Sponsor: Senators Evans of the 37th and Stephens of the 36th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th . Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell Foster

Hudgins Stephens

Stumbaugh Tate

MONDAY, FEBRUARY 11, 1980

1231

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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 527.
Respectfully submitted, Is/ Ronnie Walker, Chairman
Senator, District 19
Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:10 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1232

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 12, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Coverdell of the 40th moved that the Senate reconsider its action of Mon day, February 11, in adopting the following resolution of the Senate:

SR 282. By Senators Gillis of the 20th, Riley of the 1st, Kennedy of the 4th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when review ing and approving county tangible property tax digests; to provide for the submission of this amendment for ratification or rejection.

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:

Allgood Bond Brantley Cobb Coverdell

Evans Foster Greene Howard Hudson

Land Littlefield Robinson Stephens Tate

Those voting in the negative were Senators:

Barker Broun of 46th Carter Fincher of 52nd Fincher of 54th Gillis Holloway

Kennedy Kidd McGill Overby Reynolds Riley Russell

Starr Sutton Thompson Timmons Turner Walker Wessels

TUESDAY, FEBRUARY 12, 1980

1233

Those not voting were Senators:

Ballard Barnes Bell Brown of 47th Bryant Dean
Eldridge

English Hill Horton Hudgins Johnson Langford

Lester Paulk Scott Stumbaugh Summers Tysinger

On the motion, the yeas were 15, nays 21; the motion was lost, and SR 282 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House insists on its position in substituting 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:

SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31 st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Georgia Laws 1967, Page 797), so as to change the age at which the purchase of alcoholic beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

The Speaker has appointed on the part of the House, Representatives Ham of the 80th, Kemp of the 139th and Beck of the 148th.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 418. By Senators Robinson of the 27th and Kidd of the 25th:
A bill to amend an Act relating to the Department of Administrative Ser vices and matters concerning said department, which matters formerly ap pertained to the supervisor of purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on purchases made directly by state departments, agencies and instrumentalities.

1234

JOURNAL OF THE SENATE,

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 290. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Towns County to direct the governing authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Towns County school district; to provide for the submission of this amendment for ratification or rejection.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 494. By Representatives Clark of the 13th, Richardson of the 52nd, Birdsong of the 103rd and others:
A resolution creating the Services for the Aged Study Committee.

HR 570. By Representative Connell of the 87th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who. are under the age of 65 in the amount of two thousand dollars ($2,000.00), or such greater amount as is equal to the homestead exemption from ad valorem taxation in Richmond County, Georgia.

HR 576. By Representatives Colwell of the 4th, Jones of the 126th and Johnson of the 72nd:
A resolution authorizing the conveyance by the State of Georgia acting by and through the State Properties Commission, of certain State-owned real property located in Henry County.

HR 586. By Representative Colwell of the 4th:
A resolution authorizing the grant of an easement and the leasing of certain tracts of land in Black Rock Mountain State Park.

HR 621. By Representative Colwell of the 4th:
A resolution authorizing the conveyance by the State of Georgia, acting by and through the State Properties Commission, of certain real property own ed by the State of Georgia.

TUESDAY, FEBRUARY 12, 1980

1235

HR 634. By Representative Ralston of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, "income" shall not include income received as retire ment, survivor, or disability benefits under the Federal Social Security Act.

HR 635. By Representative Ralston of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the indepen dent school district of the City of Calhoun, Georgia, "income" shall not in clude income received as retirement, survivor, or disability benefits under the Federal Social Security Act.
HR 636. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County.

HR 637. By Representatives Thomas and Johnson of the 66th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Carroll County.

HR 644. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from county taxes in Henry County.

HR 645. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from taxes in Henry County levied for school purposes.

HR 668. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A resolution proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue its revenue bonds, notes or other obligations for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving lands, buildings and facilities of any kind for use by any industrial, commer cial, business, civic, educational, agricultural or other enterprise, public or private.

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JOURNAL OF THE SENATE,

HR 669. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxes allowed for elderly residents of the City of St. Marys; to provide income limitations.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 584. By Representatives Evans of the 84th, Ross of the 76th, Lord of the 105th and others:
A bill to add one additional judge of the superior courts of the Toombs Judicial Circuit of Georgia.

HB 816. By Representative Daniel of the 88th:
A bill to amend an Act known as the "Used Car Dealers' Registration Act" so as to change provisions relating to certain exemptions from licensure; to remove certain provisions relating to wholesale used car dealer licenses.

HB 873. By Representative Wood of the 9th:
A bill to amend an Act known as the "Georgia Military Forces Reorganiza tion Act of 1955" so as to provide that members and commanders of the militia shall not be liable for any act done in the performance of their duty.

HB 1038. By Representatives Gignilliat of the 122nd, Chance of the 129th and Battle of the 124th:
A bill to amend an Act creating a new charter for the Town of Pooler so as to amend and change the corporate limits.

HB 1148. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend an Act creating the Department of Public Safety, so as to provide that properly appointed agents of the Georgia Bureau of Investiga tion shall have enforcement powers concurrent with the Dept. of Revenue for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale or possession of liquor, wine, beer, alcoholic beverages, cigars, and cigarettes.

HB 1152. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend the "Georgia Fire Academy Act," so as to provide that the Board of Public Safety shall have authority over the Georgia Fire Academy to abolish the Georgia Fire Academy Board.

TUESDAY, FEBRUARY 12, 1980

1237

HB 1214. By Representatives Greer of the 43rd, Lambert of the 112th, McKinney of the 35th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide for an increase in retirement benefits of public school teachers who retired pursuant to a county, municipal or local board of education retirement or pension system.
HB 1283. By Representatives Mullinax of the 69th, Ramsey of the 3rd, McDonald of the 12th and others:
A bill to amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201 without complying with Code Section 68-201, so as to provide that any person, firm, or corporation renting, leasing, or loaning any motor vehicle described in Code Section 68-201 which is being used on public highway or street after March 1 of each year without complying with the provisions of that Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by fine of $ 100.00 for each violation.

HB 1300. By Representatives Cox of the 141st, Mostiler of the 71st, Adams of the 36th and others:
A bill to amend an Act creating the Georgia Factory for the Blind, so as to provide that surplus funds accrued by the Factory shall not exceed the total sum of $350,000.00.
HB 1301. By Representatives Burruss of the 21st, Carrell of the 75th, Marcus of the 26th and others:
A bill to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to change certain provisions relating to administration of ad valorem property taxes; to provide for county participation in certain ap peals from determinations of the State Revenue Commissioner; to provide for appeals of denials of homestead exemptions.

HB 1312. By Representative Collins of the 144th:
A bill to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to change the amount of interest due on taxes and other amounts due the state and local taxing jurisdictions and remaining unpaid; to provide the rate of interest to be paid upon redemption from sales for taxes.

HB 1319. By Representative Connell of the 87th:
A bill to amend the Charter of the City of Augusta, Georgia so as to authorize an increase in certain employees' pension fund contributions to the Augusta Employees' Retirement System.

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JOURNAL OF THE SENATE,

HB 1334. By Representatives Reaves of the 147th, Hasty of the 8th, Long of the 142nd and others:
A bill to require the use of certain equipment on irrigation systems in this state.

HB 1364. By Representative Coleman of the 118th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that death benefits paid in the form of an annuity for the re maining life of the surviving spouse of an active member sheriff who dies before having terminated his official capacity and service as a sheriff shall be paid in lieu of a return of dues to the member sheriff's spouse.

HB 1416. By Representative Knight of the 67th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to instructional media and maintenance and operation.

HB 1435. By Representatives Russell of the 64th and Marcus of the 26th:
A bill to repeal Code Chapter 88-22, relating to the Advisory Council for Construction and Licensure of Hospitals.

HB 1441. By Representatives Buck of the 95th, Castleberry of the 111th and Vaughn of the 57th:
A bill to amend Code Chapter 56-13, relating to fees and taxes pursuant to the Georgia Insurance Code, so as to place certain limitations on premium tax rates.

HB 1447. By Representatives Dean of the 29th, Daugherty of the 33rd, Thompson of the 93rd and others:
A bill to amend Code Section 23-1704, relating to bonds required of con tractors contracting with counties, so as to increase the minimum contract required to be bonded.

HB 1450. By Representative Randall of the 101st:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, so as to delete certain provisions relating to persons not meeting certain qualifications.

HB 1451. By Representatives Mann of the 13th and Cox of the 141st:
A bill to amend an Act regulating the occupation of cosmetology, so as to designate one board member as a consumer member and provide voting restrictions regarding such member.

TUESDAY, FEBRUARY 12, 1980

1239

HB 1458. By Representative Evans of the 84th:
A bill to amend Code Chapter 91A-60, relating to specific business, and occupation taxes, so as to clarify the authority of cities to license and tax businesses, trades, and professions licensed by the State.

HB 1463. By Representative Ramsey of the 3rd:
A bill to amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, so as to change the provisions relating to the accidents required to be enumerated in the abstract.

HB 1465. By Representatives Watson of the 114th, Kilgore of the 65th, Scott of the 123rd and Sise of the 143rd:
A bill to amend Code Section 68-622, relating to fees for the issuance and transfer of certificates with respect to motor contract carriers, so as to pro vide for and require the collection of certain application fees.

HB 1467. By Representatives Watson of the 114th, Kilgore of the 65th, Scott of the 123rd and Sise of the 143rd:
A bill to amend Code Section 68-506, relating to fees for the issuance and transfer of certificates with respect to motor contract carriers, so as to pro vide for and require the collection of certain application fees.

HB 1499. By Representative Phillips of the 120th:
A bill to amend an Act which superseded, with stated exceptions, all previous laws of this State relating to the organization, powers, and duties of the Forestry Commission, so as to authorize and empower the State Forestry Commission to contract for and purchase seedlings for resale to Georgia forest owners.

HB 1508. By Representatives Richardson of the 52nd, Hawkins of the 50th and Galer of the 97th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the Act become effective.

HB 1530. By Representative Connell of the 87th: A bill to amend the Charter of the City of Augusta.

HB 1531. By Representative Connell of the 87th:
A bill to amend an Act chartering the City of Augusta, as the "City Council of Augusta", so as to provide that council members shall be elected by a ma jority of the votes cast.

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JOURNAL OF THE SENATE,

HB 1537. By Representatives Davis of the 99th, Williams of the 6th and Birdsong of the 103rd:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, so as to remove the restriction prohibiting the State Revenue Commissioner from distributing license plates for motor vehicles to any tax collector or tax commissioner.

HB 1539. By Representative Isakson of the 20th:
A bill to amend an Act creating a Metropolitan Area Planning and Develop ment Commission in each Standard Metropolitan Statistical Area of this state having a population of more than 1,000,000 according to the United States decennial census, so as to change the maximum per diem and the maximum annual compensation of the members of a Commission.

HB 1541. By Representative Walker of the 115th:
A bill to amend an Act known as the "Georgia Motor Vehicle Safety Inspec tion Act", to grant municipalities the right to adopt certain offenses contain ed under such Act as ordinances by reference.
HB 1554. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets, so as to provide for prohibition of unlawful acts and for disciplinary actions by the Commissioner of Agriculture with regard to activities regulated under said Act.

HB 1563. By Representative Murphy of the 18th:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to change the provisions relating to the length of vehicles and loads.

HB 1564. By Representatives Evans of the 84th, Jackson of the 77th and Ross of the 76th:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt paper stock intended to be used for certain purposes.
HB 1601. By Representatives Colwell and Twiggs of the 4th: A bill to amend Code Section 91-112a.l, relating to the disposition of cer tain property by the Department of Natural Resources, so as to provide that the Department may convey real property donated to said Department to be used for the construction and operation thereon of boat launching ramps.

TUESDAY, FEBRUARY 12, 1980

1241

HB 1604. By Representative Jones of the 126th:
A bill to amend Code Chapter 27-25, relating to the sentence and execu tions, so as to change the provisions relating to punishment for misde-

HB 1617. By Representatives Lawson and Wood of the 9th, Twiggs of the 4th and others: A bill to provide a salary for the two official court reporters of the North eastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases.
HB 1631. By Representative Dixon of the 151 st: A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority.
HB 1633. By Representatives Lane of the 81st, Nessmith of the 82nd, Karrh of the 106th and others: A bill to fix the terms of the Superior Courts of the Ogeechee Judicial Circuit in the counties of the circuit.
HB 1636. By Representative Irvin of the 10th: A bill to create and establish a Small Claims Court in and for Stephens County.
HB 1643. By Representative Clifton of the 121st: A bill to amend an Act incorporating the City of Lyons, so as to provide for filling vacancies on the council.
HB 1645. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 701. By Representative Phillips of the 125th: A resolution commending William Lattimore, Jr.
HR 702. By Representative Phillips of the 125th: A resolution commending Daryl J. Walker.

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JOURNAL OF THE SENATE,

HR 703. By Representative Phillips of the 125th: A resolution commending Steven Westgate.

HR 705. By Representative Phillips of the 125th: A resolution commending Alvin Hitt.

HR 706. By Representative Phillips of the 125th: A resolution commending Lester A. Claxton

HR 707. By Representative Phillips of the 125th: A resolution commending H. Carlton Griffith.

HR 708. By Representative Phillips of the 125th: A resolution commending Mrs. Mable Sanders.

HR 709. By Representative Phillips of the 125th: A resolution commending H. Theo Ross.

HR 710. By Representative Phillips of the 125th: A resolution commending Stephen P. Yekel.

HR 712. By Representative Phillips of the 125th: A resolution commending Terry Cole.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 407. By Representatives Robinson of the 58th, Burruss of the 21st, Waddle of the 113th and others:
A bill to prevent and prohibit fraudulent and deceptive practices in the sale of business opportunities; to provide for disclosure statements and the con tents and filing thereof; to provide for bonds; to provide for trust accounts and deposits; to provide for filing of information with the Secretary of State.

HB 1394. By Representative Hatcher of the 131 st:
' A bill to abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary.

TUESDAY, FEBRUARY 12, 1980

1243

The House has agreed to the Senate amendments to the following bills of the House:

HB 112. By Representatives Childers of the 15th, Hanner of the 130th, Fuller of the 16th and others:
A bill to amend Code Chapter 53-2, relating to marriage licenses, so as to re quire the judge of the probate court to notify the parents of certain ap plicants for marriage licenses.

HB 195. By Representative Russell of the 64th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change certain provisions relative to the length of the public school year.

HB 620. By Representatives Twiggs and Colwell of the 4th, Irvin of the 10th and others:
A bill to amend an Act known as the Georgia Condominium Act so as to change the provisions relating to the seven-day waiting period following re quired disclosure; to change the provisions relating to required contract text.

HB 895. By Representatives Harris of the 8th, Battle of the 124th, Logan of the 62nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide that the State Board of Education shall follow certain procedures in developing standards in programs in teacher educa tion.

HB 1101. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, so as to provide that not more than 50 per cent of such directors may be directors, superintendents, trustees, or employees of hospitals.
HB 1270. By Representative Rowland of the 119th:
A bill providing a new charter for the city of Dublin, Georgia, in the County of Laurens, so as to change the terms of the mayor and council of the City of Dublin.
The House has agreed to the Senate amendment to the following resolution of the House:

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JOURNAL OF THE SENATE,

HR 459. By Representatives Hanner of the 130th, McDonald of the 12th, Coleman of the 118th and others:
A resolution proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain law enforcement officers, firemen, and prison guards permanently disabled in the line of duty.

The House adheres to 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 104. By Representatives Buck of the 95th, Johnson of the 72nd and Lambert of the 112th:
A bill providing retirement benefits for the clerks of the superior courts of Georgia so as to provide for additional members of the Board of Commis sioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners.

The Speaker has appointed on the part of the House, Representatives Johnson of the 72nd, Buck of the 95th and Lambert of the 112th.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 584. By Senator Hudson of the 35th:
A bill to relieve from civil liability any person who provides equipment at no cost to the State or to any political subdivision of the State during an emergency or disaster situation.
Referred to Committee on Defense and Veterans Affairs.

SB 585. By Senator Hudson of the 35th:
A bill to prohibit discrimination in housing accommodations based on handicap; to provide for a declaration of policy; to provide definitions; to make certain acts relating to the sale or lease of housing accommodations unlawful; to provide for exemptions; to provide for certain persons to be responsible for the acts of others.
Referred to Committee on Special Judiciary.

SB 586. By Senator Hudson of the 35th:
A bill to amend Code Title 66, relating to master and servant, as amended, so as to provide a new Code Chapter to prohibit discrimination in the

TUESDAY, FEBRUARY 12, 1980

1245

employment of the handicapped; to provide definitions; to permit certain job-related conduct and prohibit other such conduct.
Referred to Committee on Human Resources.

SB 587. By Senator Holloway of the 12th:
A bill to authorize the various departments, agencies, authorities, and com missions of the state to deduct from the salaries and wages of state employees amounts for the payment of Capitol Hill parking and van pool fees; to provide that such deductions be on a voluntary basis.
Referred to Committee on Governmental Operations.
SB 588. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-901, relating to before whom offenses are bailable, as amended, so as to provide the time when appeal bonds shall ter minate; to provide when such bonds shall be effective where a petition or ap plication has been filed.
Referred to Committee on Special Judiciary.

SB 589. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps and prisoners, as amended, so as to amend Section 24A which provides for earned time allowances based upon performance so as to reduce the portion of court-imposed confinement satisfied by earned time allowances.
Referred to Committee on Special Judiciary.

SB 590. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps and prisoners, as amended, so as to change the time when the Commissioner of Offender Rehabilitation is to be notified of the sentence.
Referred to Committee on Special Judiciary.

SB 591. By Senators Barker of the 18th, Gillis of the 20th and Walker of the 19th:
A bill to amend Code Title 45, known as the "Game and Fish Code", as amended, so as to authorize new weapons for hunting feral hogs; to provide for severability; to provide an effective date.
Referred to Committee on Natural Resources and Envirnomental Quality.

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JOURNAL OF THE SENATE,

SB 592. By Senator Russell of the 10th:
A bill to repeal an Act creating the Thomas County Higher Education Authority .
Referred to Committee on Community Affairs.
SR 337. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution so as to grant disabled American Veterans a homestead exemption of $25,000.00 who are entitled to receive 100 percent of the benefits which are available from the United States Veterans Administration; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.

SR 338. By Senator Russell of the 10th:
A resolution to repeal Resolution Act No. 17 (Senate Resolution 10) adopted at the 1979 session of the General Assembly which proposed an amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a public authority for Thomas County to provide certain educational facilities within said county.
Referred to Committee on Community Affairs.

SR 339. By Senators Horton of the 17th, Gillis of the 20th, Walker of the 19th and others:
A resolution authorizing and urging the transfer of certain State-owned real property located in Henry County from the custody and control of the Department of Offender Rehabilitation to the Department of Natural Resources.
Referred to Committee on Public Utilities.

SR 340. By Senator Bell of the 5th: A resolution creating the Senate Bonded Indebtedness Study Committee.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and refer red to committees:
HB 584. By Representatives Evans of the 84th, Ross of the 76th, Lord of the 105th and Jackson of the 77th: A bill to add one additional judge of the superior courts of the Toombs Judicial Circuit of Georgia.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 12, 1980

1247

HB 816. By Representative Daniel of the 88th:
A bill to amend an Act known as the "Used Car Dealers' Registration Act" so as to change provisions relating to certain exemptions from licensure; to remove certain provisions relating to wholesale used car dealer licenses. Referred to Committee on Industry, Labor and Tourism.

HB 873. By Representative Wood of the 9th:
A bill to amend an Act known as the "Georgia Military Forces Reorganiza tion Act of 1955" so as to provide that members and commanders of the militia shall not be liable for any act done in the performance of their duty. Referred to Committee on Defense and Veterans Affairs.

HB 1148. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend an Act creating the Department of Public Safety, so as to provide that properly appointed agents of the Georgia Bureau of Investiga tion shall have enforcement powers concurrent with the Department of Revenue for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale or possession of liquor, wine, beer, alcoholic beverages, cigars and cigarettes.
Referred to Committee on Governmental Operations.

HB 1152. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend the "Georgia Fire Academy Act", so as to provide that the Board of Public Safety shall have authority over the Georgia Fire Academy; to abolish the Georgia Fire Academy Board.
Referred to Committee on Governmental Operations.

HB 1214. By Representatives Greer of the 43rd, Lambert of the 112th, McKinney of the 35th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide for an increase in retirement benefits of public school teachers who retired pursuant to a county, municipal, or local board of education retirement or pension system.
Referred to Committee on Retirement.

HB 1283. By Representatives Mullinax of the 69th, Ramsey of the 3rd, McDonald of the 12th and others:
A bill to amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201 without complying with Code Section 68-201, so as to provide that any person, firm, or corporation renting, leasing, or loaning any motor vehicle described in Code Section 68-201 which is being used on public highway or street after

1248

JOURNAL OF THE SENATE,

March 1 of each year without complying with the provisions of that Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by fine of $ 100.00 for each violation.
Referred to Committee on Transportation.

HB 1300. By Representatives Cox of the 141st, Mostiler of the 71st, Adams of the 36th and others:
A bill to amend an Act creating the Georgia Factory for the Blind, so as to provide that surplus funds accrued by the Factory shall not exceed the total sum of $350,000.00. Referred to Committee on Education.
HB 1301. By Representatives Burruss of the 21st, Carrell of the 75th, Marcus of the 26th and others:
A bill to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to change certain provisions relating to administration of ad valorem property taxes; to provide for county participation in certain ap peals from determinations of the State Revenue Commissioner; to provide for appeals of denials of homestead exemptions. Referred to Committee on Banking, Finance and Insurance.
HB 1312. By Representative Collins of the 144th:
A bill to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to change the amount of interest due on taxes and other amounts due the state and local taxing jurisdictions and remaining unpaid; to provide the rate of interest to be paid upon redemption from sales for taxes. Referred to Committee on Banking, Finance and Insurance.
HB 1334. By Representatives Reaves of the 147th, Hasty of the 8th, Long of the 142nd and others:
A bill to require the use of certain equipment on irrigation systems in this state. Referred to Committee on Agriculture.
HB 1364. By Representative Coleman of the 118th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that death benefits paid in the form of an annuity for the re maining life of the surviving spouse of an active member sheriff who dies before having terminated his official capacity and service as a sheriff shall be paid in lieu of a return of dues to the member sheriff's spouse. Referred to Committee on Retirement.

TUESDAY, FEBRUARY 12, 1980

1249

HB 1416. By Representative Knight of the 67th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to instructional media and maintenance and operation. Referred to Committee on Education.
HB 1435. By Representatives Russell of the 64th and Marcus of the 26th:
A bill to repeal Code Chapter 88-22, relating to the Advisory Council for Construction and Licensure of Hospitals. Referred to Committee on Human Resources.

HB 1441. By Representatives Buck of the 95th, Castleberry of the 111th and Vaughn of the 57th:
A bill to amend Code Chapter 56-13, relating to fees and taxes pursuant to the Georgia Insurance Code, so as to place certain limitations on premium tax rates. Referred to Committee on Industry, Labor and Tourism.

HB 1447. By Representatives Dean of the 29th, Daugherty of the 33rd, Thompson of the 93rd and others:
A bill to amend Code Section 23-1704, relating to bonds required of con tractors contracting with counties, so as to increase the minimum contract required to be bonded.
Referred to Committee on Judiciary.

HB 1450. By Representative Randall of the 101st:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, so as to delete certain provisions relating to persons not meeting certain qualifications. Referred to Committee on Human Resources.

HB 1451. By Representatives Mann of the 13th and Cox of the 141st:
A bill to amend an Act regulating the occupation of cosmetology, so as to designate one board member as a consumer member and provide voting restrictions regarding such member. Referred to Committee on Human Resources.

HB 1463. By Representative Ramsey of the 3rd:
A bill to amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, so as to change the provisions relating to the accidents required to be enumerated in the abstract. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 1465. By Representatives Watson of the 114th, Kilgore of the 65th, Scott of the 123rd and Sise of the 143rd:
A bill to amend Code Section 68-622, relating to fees for the issuance and transfer of certificates with respect to motor contract carriers, so as to pro vide for and require the collection of certain application fees.
Referred to Committee on Industry, Labor and Tourism.

HB 1467. By Representatives Watson of the 114th, Kilgore of the 65th, Scott of the 123rd and Sise of the 143rd:
A bill to amend Code Section 68-506, relating to fees for the issuance and transfer of certificates with respect to motor contract carriers, so as to pro vide for and require the collection of certain application fees.
Referred to Committee on Industry, Labor and Tourism.

HB 1499. By Representative Phillips of the 120th:
A bill to amend an Act which superseded, with stated exceptions, all previous laws of this State relating to the organization, powers, and duties of the Forestry Commission, so as to authorize and empower the State Forestry Commission to contract for and purchase seedlings for resale to Georgia forest owners.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1508. By Representatives Richardson of the 52nd, Hawkins of the 50th and Galer of the 97th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the Act become effective.
Referred to Committee on Human Resources.

HB 1537. By Representatives Davis of the 99th, Williams of the 6th and Birdsong of the 103rd:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, so as to remove the restriction prohibiting the State Revenue Commissioner from distributing license plates for motor vehicles to any tax collector of tax commissioner.
Referred to Committee on Transportation.

HB 1539. By Representative Isakson of the 20th:
A bill to amend an Act creating a Metropolitan Area Planning and Develop ment Commission in each Standard Metropolitan Statistical Area of this state having a population of more than 1,000,000 according to the United States decennial census, so as to change the maximum per diem and the maximum annual compensation of the members of a Commission.
Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 12, 1980

1251

HB 1541. By Representative Walker of the 115th:
A bill to amend an Act known as the "Georgia Motor Vehicle Safety Inspec tion Act", to grant municipalities the right to adopt certain offenses contain ed under such Act as ordinances by reference. Referred to Committee on Judiciary.

HB 1554. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets, so as to provide for prohibition of unlawful acts and for disciplinary actions by the Commissioner of Agriculture with regard to activities regulated under said Act.
Referred to Committee on Agriculture.

HB 1563. By Representative Murphy of the 18th:
A bill to amend Code Title 95A, known as the "Georgia Code of PublicTransportation", so as to change the provisions relating to the length of vehicles and loads. Referred to Committee on Transportation.

HB 1601. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 91-112a.l, relating to the disposition of cer tain property by the Department of Natural Resources, so as to provide that the Department may convey real property donated to said Department to be used for the construction and operation thereon of boat launching ramps.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1604. By Representative Jones of the 126th:
A bill to amend Code Chapter 27-25, relating to the sentence and execu tions, so as to change the provisions relating to punishment for misde meanors. Referred to Committee on Special Judiciary.

HB 1617. By Representatives Lawson and Wood of the 9th, Twiggs of the 4th, Hasty of the 8th and others:
A bill to provide a salary for the two official court reporters of the North eastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 1633. By Representatives Lane of the 81st, Nessmith of the 82nd, Karrh of the 106th and Chance of the 129th:
A bill to fix terms of the Superior Courts of the Ogeechee Judicial Circuit in the counties of the circuit. Referred to Committee on Judiciary.

HB 1038. By Representatives Gignilliat of the 122nd, Chance of the 129th and Battle of the 124th:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits. Referred to Committee on Community Affairs.

HB 1319. By Representative Connell of the 87th:
A bill to amend the Charter of the City of Augusta, Georgia, so as to authorize an increase in certain employees' pension fund contributions to the Augusta Employees' Retirement System. Referred to Committee on Community Affairs.

HB 1530. By Representative Connell of the 87th: A bill to amend the Charter of the City of Augusta.
Referred to Committee on Community Affairs.
HB 1531. By Representative Connell of the 87th: A bill to amend an Act chartering the City of Augusta, as the "City Council of Augusta", so as to provide that council members shall be elected by a ma jority of the votes cast.
Referred to Committee on Community Affairs.
HB 1631. By Representative Dixon of the 151st: A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority.
Referred to Committee on Community Affairs.
HB 1636. By Representative Irvin of the 10th: A bill to create and establish a Small Claims Court in and for Stephens County.
Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 12, 1980

1253

HB 1643. By Representative Clifton of the 121st:
A bill to amend an Act incorporating the City of Lyons, so as to provide for filling vacancies on the council. Referred to Committee on Community Affairs.

HB 1645. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold. Referred to Committee on Community Affairs.

HR 570. By Representative Connell of the 87th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who are under the age of 65 in the amount of two thousand dollars ($2,000.00), or such greater amount as is equal to the homestead exemption from ad valorem taxation in Richmond County, Georgia.
Referred to Committee on Community Affairs.

HR 634. By Representative Ralston of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, "income" shall not include income received as retire ment, survivor, or disability benefits under the Federal Social Security Act.
Referred to Committee on Community Affairs.

HR 635. By Representative Ralston of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, "income" shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act.
Referred to Committee on Community Affairs.

HR 636. By Representatives Matthews of the 145th and Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to authorize the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County. Referred to Committee on Community Affairs.

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JOURNAL OF THE SENATE,

HR 637. By Representatives Thomas and Johnson of the 66th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Carroll County. Referred to Committee on Community Affairs.

HR 644. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from county taxes in Henry County. Referred to Committee on Community Affairs.

HR 645. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from taxes in Henry County levied for school purposes. Referred to Committee on Community Affairs.
HR 668. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A resolution proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue its revenue bonds, notes or other obligations for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving lands, buildings and facilities of any kind for use by any industrial, commer cial, business, civic, educational, agricultural or other enterprise, public or private. Referred to Committee on Community Affairs.

HR 669. By Representatives Smith and Moore of the 152nd: A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxes allowed for elderly residents of the City of St. Marys; to provide income limitations.
Referred to Committee on Community Affairs.
HR 494. By Representatives Clark of the 13th, Richardson of the 52nd, Birdsong of the 103rd and others: A resolution creating the Services for the Aged Study Committee.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 12, 1980

1255

HR 576. By Representatives Colwell of the 4th, Jones of the 126th and Johnson of the 72nd:
A resolution authorizing the conveyance by the State of Georgia acting by and through the State Properties Commission, of certain State-owned real property located in Henry County.
Referred to Committee on Public Utilities.

HR 586. By Representative Colwell of the 4th:
A resolution authorizing the grant of an easement and the leasing of certain tracts of land in Black Rock Mountain State Park. Referred to Committee on Public Utilities.

HR 621. By Representative Colwell of the 4th:
A resolution authorizing the conveyance by the State of Georgia, acting by and through the State Properties Commission, of certain real property owned by the State of Georgia.
Referred to Committee on Public Utilities.

HB 1564. By Representatives Evans of the 84th, Jackson of the 77th and Ross of the 76th:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt paper stock intended to be used for certain purposes.

Senator McGill of the 24th moved that HB 1564 be engrossed.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Broun of 46th Brown of 47th Bryant
Carter Cobb Dean English Fincherof52nd
Fincher of 54th Foster Gillis

Greene Hill Howard Hudgins Kennedy
Kidd Land Langford Lester Littlefield
McGill Overby Paulk

Reynolds Robinson Scott Starr Stephens
Stumbaugh Summers Thompson Timmons Turner
Tysinger Walker

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Eldridge

Evans

Those not voting were Senators:

Barnes Bell Bond Brantley Coverdell

Holloway Horton Hudson Johnson

Sutton
Riley Russell Tate Wessels

On the motion, the yeas were 38, nays 4; the motion prevailed, and HB 1564 was engrossed.
Referred to Committee on Banking, Finance and Insurance.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Agriculture has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 293. Do pass as amended. Respectfully submitted, Senator McGill of the 24th District, Chairman
Mr. President: Your Committee on Banking, Finance and Insurance had had under consideration
the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 95. Do pass by substitute. HB 1083. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

TUESDAY, FEBRUARY 12, 1980

1257

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 583. Do pass. HB 1285. Do pass. HB 1521. Do pass. HB 1598. Do pass. HB 1600. Do pass. HB 1602. Do pass. HB 1608. Do pass. HB 1609. Do pass. HB 1615. Do pass. HB 1616. Do pass. HB 1620. Do pass. SR 332. Do pass. HR 582. Do pass. HR 591. Do pass. HR 592. Do pass as amended.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President: Your Committee on Consumer Affairs has had under consideration the following
bill of the Senate and House and has instructed me to report the same back to the Senate with the following reccommendations:
SB 578. Do pass by substitute. HB 1165. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman

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JOURNAL OF THE SENATE,

Mr. President:
Your Commitee on Higher Education has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 289. Do pass by substitute. SR 307. Do pass by substitute. HB 1079. Do pass.

Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 574. Do pass. HB 180. Do pass. HB 273. Do pass as amended. HB 957. Do pass. HB 1147. Do pass by substitute. HB1150. Do pass by substitute. HB 1193. Do pass.
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 bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 577. Do pass.

TUESDAY, FEBRUARY 12, 1980
HB 1207. Do pass. HB 1432. Do pass.

1259

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:
Your Committee on Offender Rehabilitation has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 519. Do pass by substitute. SB 582. Do pass as amended. HB 1256. Do pass.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:
Your Committee on Public Utilities has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 321. Do pass. HB 1107. Do pass by substitute. HB 1108. Do pass by substitute. HR 482. Do pass. HR 542. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 529. Do pass. SB 530. Do pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

The following bills of the House were read the second time:
HB 656. By Representatives Johnson, Benefield, Wood and Lee of the 72nd: A bill to amend Code Section 24-2805, relating to bonds which must be given by sheriffs, so as to provide for conditions of liability under the sheriff's bond.
HB 655. By Representatives Johnson, Benefield, Wood and Lee of the 72nd: A bill to amend Code Section 24-2812, relating to the liability of a sheriff for the misconduct of the jailers, so as to provide for conditions of such liability.
The following local, uncontested bills of the House, favorably reported by the com mittee, were read the third time and put upon their passage:
HB 1565. By Representatives Hasty, Harris and Anderson of the 8th: A bill to create the Etowah Water and Sewer Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating pro jects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 12, 1980

1261

HB 1573. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for full-time and part-time deputies and their com pensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1597. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Oak Park, so as to change the corporate limits of said town.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 53, 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 Barker Barnes Bryant Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Scott Stephens Stumbaugh Sutton Thompson Timmons Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those not answering were Senators:

Bell Bond Brantley Broun of 46th (excused conferee) Brown of 47th

Coverdell Evans Horton Howard Hudgins Hudson

Johnson Russell Starr Summers Tate

Senator Timmons of the llth introduced the chaplain of the day, Reverend Monroe Bennett, pastor of the Cook's Union Methodist Church, Colquitt, Georgia, who offered Scripture reading and prayer.

The following resolutions of the House were read and adopted:

HR 701. By Representative Phillips of the 125th: A resolution commending William Lattimore, Jr.

HR 702. By Representative Phillips of the 125th: A resolution commending Daryl J. Walker.

HR 703. By Representative Phillips of the 125th: A resolution commending Steven Westgate.

HR 705. By Representative Phillips of the 125th: A resolution commending Alvin Hitt.

HR 706. By Representative Phillips of the 125th: A resolution commending Lester A. Claxton.

HR 707. By Representative Phillips of the 125th: A resolution commending H. Carlton Griffith.
HR 708. By Representative Phillips of the 125th: A resolution commending Mrs. Mable Sanders.
HR 709. By Representative Phillips of the 125th: A resolution commending H. Theo Bass.

TUESDAY, FEBRUARY 12, 1980
HR 710. By Representative Phillips of the 125th: A resolution commending Stephen R. Yekel.

1263

HR 712. By Representative Phillips of the 125th: A resolution commending Terry Cole.

Senator Fincher of the 54th introduced Mrs. Ellen Claiborne, President of the Georgia Parent-Teacher Association, who briefly addressed the Senate.

SENATE RULES CALENDAR Tuesday, February 12, 1980 Twenty-Eighth Legislative Day

SB 244. Railroad Company Property Assessment--change formula (SUBSTITUTE) (BF&I-9th)
SB 328. Legislative Retirement System--credit for certain service (Ret-- 14th)
SB 389. Loans-rate of interest on open accounts (SUBSTITUTE) (BF&I-2nd)
SB 442. Probate Court Judges Retirement--require certain reports (Ret--25th)
SB 451. Medicare Health Insurance--allotment of premiums collected (SUBSTITUTE) (Hum R--37th)
SB 543. Special Investigative Grand Jury with Statewide Jurisdiction-- provide (Judy--5th)
SB 557. Carrying Passengers for Hire--liable for injuries (IL&Tou--40th)
SB 561. Evans County Superior Court--change provisions relative to terms (Judy--4th)
SB 569. Superior Court Clerks--fees for each day of service (Gov Op-- 13th)
SB 576. Food and Drug Code--new Code Chapter on Kosher Foods (AMENDMENT) (Hum R-42nd)
SR 268. Georgia Military College and Board of Trustees--create (SUBSTITUTE) (H'Ed-25th)
SR 322. Supplementary Appropriations and Amendment to General Appropriations--limitations (AMENDMENT) (APP--48th)
HB 228. Health Insurance Contracts--freedom to choose chiropractor (SUBSTITUTE) (BF&I--2nd)
HB 540. Southern Growth Policies Agreement--change certain provisions (CA-G-lst)
HB 688. Georgia Bureau of Investigation--change provisions relating to (Gov Op-18th)

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JOURNAL OF THE SENATE,

HB 860. Certification of Water and Wastewater Treatment Plant Operators--laboratory analysts (NREQ--20th)
HB 1077. Contolled Substances Therapeutic Research Program--provide (Hum R--46th)
HB 1091. Agrirama Development Authority--change membership (Gov Op--9th)
HB 1105. Legislative Retirement System--change certain provisions (Ret--45th)
HB 1149. Nonprofit Bingo Games--administration of Act regulated by Georgia Bureau of Investigation (S Judy--44th)
HB 1151. Public Safety Training Center--provide (SUBSTITUTE) (Judy--44th)
HB 1213. Employment Security Law--references to section no longer valid (SUBSTITUTE) (IL&Tou--3 6th)
HB 1286. Pesticide Control Act--provide enforcing official (Ag--24th)
HB 1372. Grants to Local Public School Systems--allocation (App--46th)
SR 264. Silver-Haired Legislature--create (SUBSTITUTE) (Hum R--36th)
HR 41. Firemen's Pension Fund--increase retirement benefits (Gov Op--25th)

Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:
SB 244. By Senators Sutton of the 9th, Barnes of the 33rd and Johnson of the 34th: A bill to amend Code Section 92-2703, relating to assessment of railroad company property, so as to change the assessment formula; to amend Code Section 91A-2211, relating to assessment of railroad company property, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code.
The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 244:
A BILL
To be entitled an Act to amend Code Section 91A-2211, relating to assessment of railroad company property, so as to change the assessment

TUESDAY, FEBRUARY 12, 1980

1265

formula; 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 91A-2211, relating to assessment of railroad company property, is hereby amended by striking from paragraph (2) of subsection (a) thereof the following:
"As the value of the property located in the particular county is to the value of the whole property, real and personal, of the company,",
and substituting in lieu thereof the following:
"As the length of the railroad located in the particular county or municipality is to the whole length of the railroad in the State without regard to the location of the head office of the railroad company,",
so that when so amended subsection (a) of Code Section 91A-2211 shall read as follows:
"(a) The Commissioner shall assess the amount of each railroad company's property in each of the counties and municipalities of the State in the following manner:
(1) First, it shall be assessed upon the property located in each coun ty and municipality, upon the basis of the value given by the returns.
(2) Second, the amount of tax to be assessed upon the rolling stock and other personal property is as follows: As the length of the railroad located in the particular county or municipality is to the whole length of the railroad in the State without regard to the location of the head office of the railroad company, such shall be the amount of rolling stock and
otyt-h"er personal property to be distributed for taxing purposes to the coun-
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 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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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 Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford

Those voting in the negative were Senators:

McGill

Riley

Those not voting were Senators:

Horton Littlefield

Scott Summers

Lester Overby Paulk Reynolds Robinson Russell Starr Stephens Stumbaugh Sutton Tate Thompson Turner Walker Wessels
Tysinger
Timmons

On the passage of the bill, the,yeas were 47, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 389. By Senator Wessels of the 2nd: A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the legal rate of interest on certain loans; to provide for the rate of interest on open accounts.
The Senate Committee on Banking, Finance, and Insurance offered the following substitute to SB 389:
A BILL
To be entitled an Act to amend Code Title 57, relating to interest and usury, as amended, so as to authorize insured financial institutions to make certain type loans; to provide for the rate of interest and the fee which may

TUESDAY, FEBRUARY 12, 1980

1267

be charged and collected on such loans; to provide for the method of calculating interest in the event the term of the loan is reduced for any reason; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 57, relating to interest and usury, as amended, is hereby amended by adding a new Code Section 57-101.2, relating to loans by insured financial institutions, immediately following Code Section 57-101.1 to read as follows:
"57-101.2. Loans by insured financial institutions, (a) Notwithstanding the provisions of any other laws to the contrary, any financial institution in this state that accepts deposits from its customers which are insured by the Federal Deposit Insurance Corporation, the Na tional Credit Union Administration, the Georgia Credit Union Deposit Insurance Corporation, or the Federal Savings and Loan Insurance Cor poration may charge the interest rates authorized on the loan transac tions described below:
(1) On single-payment or balloon-payment loans in any amount and for any length of term, such financial institutions may charge, take, or contract to take a rate of interest not to exceed 15 percent per annum simple.interest or a fee of $25.00, whichever is greater.
(2) On demand notes payable at irregular intervals, other than those transactions which could be made under Code Section 57-116 of this chapter, such financial institutions may charge, take, or contract to take a rate of interest not to exceed 15 percent per annum simple interest, or a fee of $25.00, or the actuarial equivalent of a 12 month loan rate permit ted under Code Section 57-116 of this chapter, whichever is greater.
(3) The $25.00 fee shall not be considered interest and shall not be taken into account in the calculation of interest.
(b) If interest on any note computed under this section is precomputed for the term of the loan at the time the loan is made and the loan term is later reduced either by prepayment, default, and acceleration, or other legal cause, any unearned portion of the precomputed interest shall be credited back against the total of payments to the effect that the loan for the actual term, as so reduced, shall bear interest at the actuarial rate permitted by this section or a $25.00 minimum charge, whichever is greater.
(c) Nothing in this section shall be construed to permit a rate of interest higher than that authorized by Code Section 57-116 if the loan is one to be paid back in weekly, monthly, quarterly, semiannual, or yearly in stallments."
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.

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JOURNAL OF THE SENATE,

Senator Wessels of the 2nd offered the following amendment:

Amend the substitute to SB 389 offered by the Senate Committee on Banking, Finance and Insurance by striking lines 17 and 18 of Page 1 in their entirety and inserting in lieu thereof the following:
"institutions, (a) Any financial".
By striking line 28 of Page 2 in its entirety and inserting in lieu thereof the following:
"repeal Code Section 57-116, relating to interest on loans repayable in installments, as amended, or Code Section 57-118, relating to interest payable by profit corporations or persons on loans in excess of $3,000.00, as amended, or Code Section 57-119, relating to interest rates on loans of $100,000.00 or more, or permit a rate of interest higher than that authorized by".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway Howard
Hudgins Johnson Kennedy Kidd Langford Lester Littlefield

Overby Paulk Reynolds Riley Russell Scott
Stumbaugh Sutton Thompson Timmons Turner Tysinger Wessels

TUESDAY, FEBRUARY 12, 1980

Those voting in the negative were Senators:

Ballard Barker Bond Dean

Hill Hudson Land McGill

Robinson Starr Tate Walker

Those not voting were Senators:

Horton

Stephens

On the passage of the bill, the yeas were 40, nays 12.

Summers

1269

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Brown of the 47th moved that the following bill of the House be withdrawn from the Committee on Consumer Affairs and committed to the Committee on Public Utilities:

HB 1252. By Representatives Sise of the 143rd, McDonald of the 12th, Veazey of the 146th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service Com mission, so as to provide and revise certain provisions and procedures relative to the provision and regulation of utility services in this state; to define certain terms; to specify a code of conduct for members of the Public Service Commission.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brantley Brown of 47th Carter Cobb
English

Fincher of 52nd Gillis Hill
Kennedy Land Lester

Overby Paulk Reynolds
Russell Turner Tysinger

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Barker Bell Bond Bryant Coverdell Dean Eldridge Evans Fincher of 54th Foster

Greene Holloway Howard Hudgins Hudson Johnson Kidd Langford McGill Riley Robinson

Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee)

Horton Littlefield

Summers

On the motion, the yeas were 19, nays 32; the motion was lost, and HB 1252 was not withdrawn from the Committee on Consumer Affairs and committed to the Com mittee on Public Utilities.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 104. By Representatives Buck of the 95th, Johnson of the 72nd and Lambert of the 112th:
A bill providing retirement benefits for the clerks of the superior courts of Georgia so as to provide for additional members of the Board of Commis sioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 104, 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 104.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Stephens of the 36th and Coverdell of the 40th.

TUESDAY, FEBRUARY 12, 1980

1271

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 442. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the judges of the probate courts, as amended, so as to require certain reports.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 29, 1980

SUBJECT: Fiscal Note-Senate Bill 442 Probate Judges' Retirement Fund

This Bill would amend the procedures by which probate judges remit that portion of the amount collected in fines, fees, and forfeitures required by law to be submitted to the retirement fund. In addition to requiring a monthly report of all transactions and amounts due, this Bill would impose the following penalties: monies not paid when due would bear interest at a rate of 7% per year; monies not paid within 60 days of the due date would be subject to a penalty of 5% per month, up to 25%; failure to file the re quired report when due would result in a penalty of $5 per month, not to ex ceed $50 for any one report. The fund's Board of Commissioners would be authorized to waive the additional penalties upon payment of all overdue funds plus interest.

This proposed legislation would have no significant fiscal impact on the retirement fund. Investment income may increase slightly as a result of more timely collections.

Is/ William M. Nixon State Auditor

/s/ Clark 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.

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JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Bryant Carter
Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson
Johnson Kennedy
Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh
Sutton Tate
Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators Horton and Summers.

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 451. By Senators Evans of the 37th, Horton of the 17th, Greene of the 26th and others: A bill to amend Code Title 56, known as the "Georgia Insurance Code", as amended, so as to provide that no individual or group policy, plan, cer tificate, or contract providing for medicare supplement health insurance shall be sold unless a certain percentage of the premiums collected from the sale thereof be returned in the form of benefits provided under such policy, plan, certificate, or contract.
The Senate Committee on Human Resources offered the following substitute to SB451:

A BILL
To be entitled an Act to amend Code Title 56, known as the Georgia In surance Code, as amended, so as to provide that no individual policy, plan, certificate, or contract providing for medicare supplement health insurance

TUESDAY, FEBRUARY 12, 1980

1273

shall be sold unless it provides the insured reasonable economic benefit; to create a presumption that a certain percentage of the premiums collected from the sale thereof be returned in the form of benefits provided under such policy, plan, certificate, or contract to provide reasonable economic benefit; to provide for approval or suspension of forms; to provide for rules and regulations; to provide for unfair methods of competition and unfair or deceptive acts or practices; to provide for definitions; to provide an effective date; to provide for applicability; to provide for severability; to repeal con flicting 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, as amended, is hereby amended by adding at the end of Code Chapter 56-30, relating to the sale of individual accident and sickness insurance policies, a new section, to be designated Section 56-3019, to read as follows:
"56-3019. Medicare supplement health insurance, (a) As used in this section, 'medicare' means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as amended; 'medicare supplement policy' means any individual policy, plan, cer tificate, or contract providing for accident and sickness insurance design ed primarily to supplement medicare, or advertised, marketed, or other wise purported to be a supplement to medicare, which is delivered or issued for delivery in this state; 'medicaid' means the program of medical assistance provided pursuant to the State Plan for Medical Assistance in accordance with Title XIX of the Federal Social Security Act of 1935, as amended.
(b) No insurance company, hospital service nonprofit corporation, nonprofit medical service corporation, health care plan, fraternal benefit society, or other insurer shall deliver or issue for delivery any individual medicare supplement policy which does not provide the insured reasonable economic benefit in relation to the premium paid. There shall be a rebuttable presumption that any such policy which has a credible loss ratio of less than 65 percent fails to provide reasonable economic benefit.
(c) The Commissioner may at any time after the initial filing or ap proval of any medicare supplement coverage form withdraw approval or suspend further sale of such form if the benefits provided therein are unreasonable in relation to the premium charged.
(d) The Commissioner shall adopt rules and regulations necessary for the regulation of medicare supplement insurance. Such rules and regulations may include waiting periods, exclusions, reductions, preex isting limitations, readability, advertising, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state."
Section 2. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding to Code Section 56-704, relating to unfair methods of competition and unfair or deceptive acts or practices defined, a new subsection to read as follows:

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"(11) Medicare supplement health insurance, (a) Representing that any insurer or agent is employed by or otherwise connected with the medicare program or the United States Social Security Administration or that the policies which they seek to sell have been endorsed or sponsored by the federal or state government.
(b) Knowingly selling policy coverage which duplicates existing coverage held by the buyer, or persuading the buyer to replace existing coverage with new coverage which provides the same or less benefits to the buyer, unless the premiums for such new coverage are less than the premiums for existing coverage.
(c) Falsely representing that any individual policy is a group policy or that the insurer, agent, or policy are endorsed or sponsored by, or con nected with, any group, association, or other organization.
(d) Replacing existing policies with new coverage without disclosing the risk of loss due to waiting periods or exclusions for preexisting health conditions.
(e) Knowingly selling to medicaid recipients substantially un necessary coverage which duplicates benefits provided under the medicaid program."
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply with respect to any medicare supplement policy delivered or issued for delivery in this state on or after September 1, 1980.
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 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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1275

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant
Carter Cobb Coverdell Dean Eldridge English Evans

Fincherof 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson
Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens
Stumbaugh Sutton Tate Turner Tysinger Walker Wessels

Those not voting were Senators:

Horton Summers

Thompson

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 543. By Senators Bell of the 5th, Sutton of the 9th, Bond of the 39th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to pro vide for a Special Investigative Grand Jury with Statewide Jurisdiction; to provide for all procedures, requirements and other matters relative to the foregoing,

Senator Barnes of the 33rd offered the following amendment:

Amend SB 543 by adding a new Section 3 to read as follows:
"This Act shall become repealed at the expiration of two years from the date of the approval of this Act."

On the adoption of the amendment, the yeas were 44, nays 2, and the amendment was adopted.

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The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge

Fincher of 52nd Foster Greene Holloway Howard Hudgins Hudson Johnson Land Lester Littlefield

Those voting in the negative were Senators:

Allgood Bond Brown of 47th English Evans Fincher of 54th

Gillis Hill Kennedy Kidd Langford McGill

Those not voting were Senators:

Horton

Starr

Paulk Riley Robinson Scott Stephens Stumbaugh Sutton Thompson Turner Ty singer Wessels
Overby Reynolds Russell Tate Timmons Walker
Summers

On the passage of the bill, the yeas were 34, nays 18.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Bell of the 5th moved that SB 543 be immediately transmitted to the House.

Senator Langford of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 543.

The President ruled that the notice of motion to reconsider takes precedence.

TUESDAY, FEBRUARY 12, 1980

1277

The President announced that the Senate would stand in recess from 12:28 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 557. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to amend Code Section 105-502, relating to when an employer is liable for the negligence of the contractor, so as to provide that an employer engaged in the business of carrying passengers for hire shall be liable for in tentional injuries or damages to persons or property caused by the contrac tor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Broun of 46th Brown of 47th Carter Cobb Coverdell Eldridge English

Fincher of 52nd Foster Gillis Hill Hudgins Johnson Kennedy Kidd Langford Littlefield McGill Overby

Paulk Reynolds Riley Russell Scott Starr Stephens Sutton Thompson Turner Tysinger Wessels

Those not voting were Senators:

Bond Brantley Bryant Dean Evans Fincher of 54th Greene

Holloway (excused conferee) Horton Howard Hudson Land Lester

Robinson Stumbaugh Summers Tate Timmons Walker

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On the passage of the bill, the yeas were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 561. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the terms of the Superior Court of Evans Coun ty, as amended, so as to change the provisions relative to such terms.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Brown of 47th Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Foster

Gillis Greene Holloway Howard Hudgins Johnson Kennedy Kidd Langford Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Sutton Thompson Turner Tysinger Wessels

Those not voting were Senators:

Allgood Bond Brantley Broun of 46th (excused conferee) Bryant Evans

Fincher of 54th Hill Horton Hudson Land Lester

Stephens Stumbaugh Summers Tate Timmons Walker

On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 12, 1980

1279

SB 569. By Senator Paulk of the 13th:
A bill to amend Co.de Section 24-2727, relating to the enumeration of fees for clerks of the superior courts, as amended, so as to change the fees for each day of service in attendance upon the courts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell Dean Eldridge English Fincher of 52nd

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy
Kidd Land Langford Lester Littlefield

McGill Paulk Reynolds Riley Robinson Russell Scott Starr Sutton Thompson
Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond
Brantley Evans Fincher of 54th

Horton
Overby Stephens Stumbaugh

On the passage of the bill, the yeas were 44, nays 0.

Summers Tate Timmons

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 thereon:

SB 524. By Senator Overby of the 49th:
A bill to amend an Act creating a new charter for the City of Flowery Branch so as to change the provisions relating to the election of councilmen.

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The House substitute to SB 524 was as follows:

A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Flowery Branch, approved April 11, 1979(Ga.Laws 1979,p. 3404), so as to change the provisions relating to the election of councilmen; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), is hereby amended by striking Section 5.2 in its entirety and inserting in lieu thereof a new Section 5.2 to read as follows:
"Section 5.2. Regular elections; .time for holding. On the second Saturday in December, 1979, and on the same day in each calendar year thereafter, an election shall be conducted for the purpose of electing two members of the council. The candidate who receives the highest number of votes in the election shall serve for a term of three years and until his successor is elected and qualified. The other candidate elected at such election shall serve for a term of two years and until his successor is elected and qualified. It is the intention of the General Assembly to re quire two council members to be elected every year with one council member being elected for three years and the other council member be ing elected for two years so that the terms of office of two members of the council will expire at the end of each year. On the second Saturday in December, 1980, and on the same day in each calendar year biennially thereafter, an election shall be conducted for the purpose of electing a mayor and two council members who shall each serve for terms of two years. The mayor and council members elected at such elections shall take office on the first day of January of the calendar year following their election, and they shall serve for the terms to which they have been elected and until their successors are elected and qualified.
(b) For the purpose of electing candidates for council members, other than the mayor, each council position may be designated by number by the mayor and council. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election if the mayor and council require candidates to offer for election to the council by designating post positions."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Overby of the 49th moved that the Senate agree to the House substitute to SB 524.

On the motion, the yeas were 29, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 524.

TUESDAY, FEBRUARY 12, 1980

1281

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 418. By Senators Robinson of the 27th and Kidd of the 25th:
A bill to amend an Act relating to the Department of Administrative Ser vices ar J matters concerning said department, which matters formerly ap pertained to the supervisor of purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on purchases made directly by state departments, agencies, and instrumentalities.

The House amendment was as ft_ ..ows:

Amend SB 418 by striking from Section 4 thereof the following: Page 5, line 21,
"purchases in their behalf which do not exceed $ 1,500," and substituting the following:
"purchases in their behalf which do not exceed $5,000,".
Senator Robinson of the 27th moved that the Senate agree to the House amendment to SB 418.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Bryan' Carter Cobb Coverdell Dean Eldridge English
Fincher of 52nd Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester
Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Tare Thompson Turner Tysinger
Walker Wessels

Voting in the negative was Senator Sutton.

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Those not voting were Senators:

Allgood Barnes Bond Brantley

Evans Fincher of 54th Horton Land

Russell Stumbaugh Summers Timmons

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 418.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 576. By Senators Howard of the 42nd, Coverdell of the 40th, Bell of the 5th and others:
A bill to amend Code Title 42, relating to food and drugs, as amended, by adding a new Code Chapter relating to Kosher foods; to provide for defini tions; to prohibit certain misrepresentation regarding Kosher foods; to pro vide for requirements for persons preparing and serving Kosher foods; to provide for evidence.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 576 on Page 1, line 24 by adding before the period the following:
"and includes foods prepared for the Festival of Passover and termed as 'Kasher for Passover' ".
and
By adding on Page 2, line 7 after the period, the following:
"A person may not falsely represent any food or the contents of any package or container to be Kosher or Kosher for Passover by having or permitting to be inscribed on it, in any language, the words 'Kosher,' 'Kosher Style,' 'Parve,' 'Glatt,' or 'Rabbinical Supervision.' "

On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted.

Senator Howard of the 42nd offered the following amendment:

Amend SB 576 by striking from lines 20 and 21 of Page 2 the following: "and dining rooms where such food is prepared and served",

TUESDAY, FEBRUARY 12, 1980

1283

and inserting in lieu thereof the following:
"where such food is prepared unless the food is prepared and served under Rabbinical supervision".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby
Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Brantley

Horton Russell

Summers Timmons

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Howard of the 42nd moved that SB 576 be immediately transmitted to the House.

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On the motion, the yeas were 31, nays 0; the motion prevailed and SB 576 was im mediately transmitted to the House.
The following general resolution of the Senate, having been read the third time on February 1 and postponed until February 5, postponed on February 5 until February 7, and postponed on February 7 until February 8, was put upon its adoption:
SR 268. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII of the Constitution is hereby amended by adding following Section IX a new Section X to read as follows:
"SECTION X.
MILITARY COLLEGE
Paragraph I. Georgia Military College; Board of Trustees. There shall be a Georgia Military College which shall be a public educational institution of the State. The control and management of the college shall be vested in a Board of Trustees of Georgia Military College. The Board of Trustees shall consist of one member from each Congressional District in the State appointed by the Governor and confirmed by the Senate. The initial members of the board shall be appointed and serve for terms as follows: two members to serve for one year; three members to serve for two years; two members to serve for three years; and three members to serve for four years. The successors to the initial members shall serve for four years; and the Governor in the case of a vacancy shall appoint a replacement to serve for the unexpired term of the member whose office is vacant.
Paragraph II. Purposes. Georgia Military College shall be an in stitution of higher education and may offer any courses of study customarily offered in such institutions but shall place a primary em phasis on the military training of its students. The Board of Trustees may contract with any public, private, or other college or high school in fur therance of the goal of military training; and any such contract may pro vide for use of the facilities of the college by any other college or high school or use of the facilities of any other college or high school by the college.
Paragraph III. Finance. The State or any political subdivision of the State may appropriate funds to the college; and such funds shall be ap propriated as other public funds. Any funds received by the college other than from State appropriations shall not be paid into the General Fund of the State Treasury but shall be retained and controlled by the Board of

TUESDAY, FEBRUARY 12, 1980

1285

Trustees. The Board of Trustees, however, shall make an annual account ing to the Governor and the General Assembly of all funds received and paid out from every source.
Paragraph IV. Transfer of Property. The Board of Trustees of Georgia Military College in existence prior to the effective date of this Section, the State, Baldwin County, and the City of Milledgeville shall each by appropriate action transfer to the Board of Trustees created herein any interest each has in all real, personal, intangible, and other property of any kind owned or used by the Georgia Military College in existence prior to the effective date of this Section. The Board of Trustees c:. .ited herein shall assume all valid liabilities and debts of the Georgia Military College in existence prior to the effective date of this Section. The General Assembly may provide by general law for the charter of the high school branch of the Georgia Military College in existence prior to the effective date of this Section as a nonprofit private corporation sub ject to general laws regulating such corporations.

Paragraph V. Retirement and Insurance Plans. The General Assembly may establish actuarily sound retirement and health insurance plans for the teachers and employees of the college and the board."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that there [ ] NO shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Higher Education offered the following substitute to SR268:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that there shall be a Georgia Military College and a Board of Trustees of Georgia Military College created as a public educational institution of the state; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII of the Constitution is hereby amended by adding following Section IX a new Section X to read as follows:

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"SECTION X.
MILITARY COLLEGE
Paragraph I. Georgia Military College; Board of Trustees. There shall be a Georgia Military College which shall be a public educational institution of the State. The control and management of the college shall be vested in a Board of Trustees of Georgia Military College. The Board of Trustees shall consist of one member from each Congressional District in the State appointed by the Governor and confirmed by the Senate. The initial members of the board shall be appointed ->-d sen-e for terms as follows: two members to serve for one year; three members to serve for two years; two members to serve for three years; and three members to serve for four years. The successors to the initial members shall serve for four years; and the Governor in the case of a vacancy shall appoint a replacement to serve for the unexpired term of the member whose office is vacant.
Paragraph II. Purposes. Georgia Military College shall be an in stitution of higher education and may offer any courses of study customarily offered in such institutions but shall place a primary em phasis on the military training of its students. The Board of Trustees may contract with any public, private, or other college or high school in fur therance of the goal of military training; and any such contract may pro vide for use of the facilities of the college by any other college or high school or use of the facilities of any other college or high school by the college.
Paragraph III. Finance. The State or any political subdivision of the State may appropriate funds to the college; and such funds shall be ap propriated as other public funds. Any funds received by the college other than from State appropriations shall not be paid into the General Fund of the State Treasury but shall be retained and controlled by the Board of Trustees. The Board of Trustees, however, shall make an annual account ing to the Governor and the General Assembly of all funds received and paid out from every source.
Paragraph IV. Transfer of Property. The Board of Trustees of Georgia Military College in existence prior to the effective date of this Section, the State, Baldwin County, and the City of Milledgeville shall each by appropriate action transfer to the Board of Trustees .created herein any interest each has in all real, personal, intangible, and other property of any kind owned or used by the Georgia Military College in existence prior to the effective date of this Section. The Board of Trustees created herein shall assume all valid liabilities and debts of the Georgia Military College in existence prior to the effective date of this Section. The General Assembly may provide by general law for the charter of the high school branch of the Georgia Military College in existence prior to the effective date of this Section as a nonprofit private corporation sub ject to general laws regulating such corporations. Any real property transferred to the Board of Trustees as provided herein shall be used only for the purposes provided for in Paragraph II of this Section, and in the event such property ceases to be used for such purposes, the title thereto shall be vested in the original transferors.

TUESDAY, FEBRUARY 12, 1980

1287

Paragraph V. Retirement and Insurance Plans. The General Assembly may establish actuarily sound retirement and health insurance plans for the teachers and employees of the college and the board."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that there shall be a Georgia Military College and a Board of Trustees
[ ] NO of Georgia Military College created as a public educational institution of the state?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 substitute to SR 268:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that Georgia Military College shall be within the University System of Georgia and under the jurisdiction of the Board of Regents; to provide for the Board of Trustees of Georgia Military College to carry but the policies of the Board of Regents; to provide for the high school branch of Georgia Military Col lege; 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 VIII of the Constitution is hereby amended by add ing, following Section IX, a new Section X to read as follows:
"SECTION X.
MILITARY COLLEGE
Paragraph I. Georgia Military College; Board of Regents; Board of Trustees. Georgia Military College shall be a public educational institu tion of the state within the University System of Georgia and under the jurisdiction of the Board of Regents. The Board of Trustees of Georgia Military College heretofore created by law shall carry out the policies for the college established by the Board of Regents. The college shall remain an institution of higher education and shall continue to place a primary emphasis on the military training of its students. The Board of Regents may contract with any public, private, or other college or high school in furtherance of the goal of military training; and any such contract may

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provide for use of the facilities of the college by any other college or high school or use of the facilities of any other college or high school by the college.
Paragraph II. Transfer of property. Except for the property and facilities of the high school branch, the Board of T vtees of Georgia Military College, Baldwin County, and the City of Miliedgeville shall each by appropriate action transfer to the Board of Regents any interest each has in all real, personal, intangible, and other property of any kind owned or used by the Georgia Military College in existence prior to the effective date of this section. The Board of Regents shall assume all valid liabilities and debts c" the Georgia Military College in existence prior to the effective date of this section. The General Assembly may establish actuarily sound retirement and health insurance plans for the teachers and employees of the college and the board. The General Assembly may change the provisions relating to the Board of Trustees of Georgia Military College by local Act.
Paragraph III. Georgia Military College, high school branch. The General Assembly may provide by general law for the charter of the high school branch of the Georgia Military College in existence prior to the ef fective date of this section as a nonprofit private corporation under the jurisdiction of the Board of Trustees of Georgia Military College, subject to the general laws regulating such corporations."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that Georgia Military College shall be within the University
[ ] NO System of Georgia and under the jurisdiction of the Board of Regents?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Riley of the 1st offered the following amendment:
Amend the substitute to SR 268 offered by Senator Kidd of the 25th by changing the words "local Act" on Page 2, line 22 and substituting the words "general Act".
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
On the adoption of the substitute to SR 268 offered by the Committee on Higher Education, the yeas were 7, nays 36, and the committee substitute was lost.

TUESDAY, FEBRUARY 12, 1980

1289

On the adoption of the substitute offered by Senator Kidd of the 25th, the yeas were 40, nays 5 V and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to by substitute as amended.

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 Brown of 47th Bryant Carter Cobb
Dean English
Fincher of 52nd Foster

Gillis Greene Hill Hudgins Hudson Kennedy Kidd Land Langford Lester
Littlefield McGill
Overby Paulk

Those voting in the negative were Senators:

Reynolds Robinson Russell Scott Stephens Sutton Tate Thompson Timmons Turner
Tysinger Walker
Wessels

Broun of 46th Coverdell Eldridge Fincher of 54th

Holloway Howard Johnson

Those not voting were Senators:

Brantley Evans

Horton

Riley Starr Stumbaugh
Summers

On the adoption of the resolution, the yeas were 41, nays 10.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
Senator Kidd of the 25th moved that SR 268 be immediately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 268 was im mediately transmitted to the House.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
The following general resolution of the Senate and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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SR 322. By Senators Reynolds of the 48th, Broun of the 46th, Holloway of the 12th and others: A RESOLUTION
Proposing an amendment to the Constitution so as to place certain limitations upon the enactment by the General Assembly of supplementary appropriations and amendments to the General Appropriations Act; to pro vide 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 III, Section X of the Constitution is hereby amended by striking Paragraphs V and VI thereof in their entirety and substituting in lieu thereof new Paragraphs V and VI to read as follows:
"Paragraph V. General Appropriations Act. (a) Each General Ap propriations Act, now of force or hereafter adopted with such amend ments 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 appropriations required by this Constitution and those re quired to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.
(b) Amendments to the General Appropriations Act shall be adopted only for an emergency purpose and only upon the vote of two-thirds of the members elected to each House of the General Assembly.
(c) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this Section of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Ap propriations Act in effect when such supplementary appropriations Act was adopted and approved.
(d) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contrac tually obligated at the expiration of such General Appropriations Act, shall lapse.
(e) All federal funds received by the State of Georgia are hereby con tinually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.
(f) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I(a), which such contract constitutes

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security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, Section IX, Paragraph II of the Constitu tion of 1945 adopted November 6, 1962. The execution of any such con tract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract.
Paragraph VI. Other or Supplementary Appropriations. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional ap propriations by Acts, which shall be known as supplementary appropria tion Acts, provided no such supplementary appropriation shall be available unless there is unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provid ed by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropria tion Bill until the General Appropriations Act shall have been finally adopted by both Houses and approved by the Governor; nor shall any such bill be passed except for an emergency purpose upon the vote of two-thirds of the members elected to each House."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to limit the adoption of amendments to the annual General Appropriations Act
[ ] NO and of supplementary appropriations to emergency situations and to require a vote of two-thirds of the members of each House of the General Assembly to adopt such bills?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Appropriations offered the following amendment:
Amend SR 322 on Page 1, line 22 by adding after the word "purpose", the following:
"as designated by the Governor at the time such Act is submitted to the General Assembly",

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So that when added, subsection (b), beginning with line 21 shall read as follows:

"(b) Amendments to the General Appropriations Act shall be adopted only for an emergency purpose as designated by the Governor at the time such Act is submitted to the General Assembly and only upon the vote of two-thirds of the members elected to each House of the General Assembly."
On the adoption of the amendment, the yeas were 38, 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:
Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eld ridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Holloway (presiding)

Horton

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
HB 228. By Representatives Watson of the 114th, Kemp of the 139th, Coleman of the 118th and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general so as to provide that all insurance contracts of accident and sickness insurance shall provide that the insured shall have full freedom of choice in the selection of a doctor of chiropractic.
Senate Sponsor: Senators Wessels of the 2nd and Barnes of the 33rd.

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1293

The Senate Committee on Banking, Finance and Insurance offered the following substitute to HB 228:
A BILL
To be entitled an Act to amend Code Chapter 56-24, relating to the in surance contract in general, as amended, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies which provide coverage for services within the scope of a chiropractor duly licensed to practice in this State shall provide that such reimbursements are payable regardless of whether such services are per formed by a doctor of medicine or by a chiropractor; to provide for ap plicability; 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, as amended, is hereby amended by adding at the end thereof a new Code Section, to be designated Code Section 56-2444, to read as follows:
"56-2444. Policies or contracts providing reimbursement for ser vices within the lawful scope of practice of chiropractors, (a) From and after July 1, 1980, any insurer offering any individual (Chapter 56-30) or group or blanket (Chapter 56-31) policy of accident and sickness in surance and any nonprofit corporation (Chapters 56-17 and 56-18) or health care corporations (Chapter 56-17A) offering any individual or group service or indemnity contract, which policy or contract is issued, delivered, issued for delivery, amended, or renewed in this State and which provides coverage for services which are within the lawful scope of practice of a chiropractor duly licensed to practice in this State, shall make available on an optional basis coverage under which any person covered under such policy or contract shall be entitled to receive reim bursement for such services under such policy or contract regardless of whether they are rendered by a duly licensed doctor of medicine or by a duly licensed chiropractor.
(b) Each application for a policy or contract subject to this section must contain a separate space for the insured to indicate his acceptance or rejection of such optional coverage; and no such policy or contract shall be issued, delivered, issued for delivery, amended, or renewed in this State unless this space is completed and signed by the prospective in sured. If, however, a policy or contract is one for which an individual ap plication is not required from each person covered, the election as to such optional coverage may be made in any manner consistent with rules and regulations issued by the Commissioner."

Section 2. This Act shall not be construed so as to impair the obliga tion of any policy or contract which is in existence prior to the effective date of this Act.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Senator Barnes of the 33rd offered the following substitute to the substitute to HB 228 offered by the Senate Committee on Banking, Finance and Insurance:
A BILL
To be entitled an Act to amend Code Chapter 56-24, relating to the in surance contract in general, as amended, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies which provide coverage for services within the scope of a chiropractor duly licensed to practice in this State shall provide that such reimbursements are payable regardless of whether such services are per formed by a doctor of medicine or by a chiropractor; to provide for ap plicability; 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, as amended, is hereby amended by adding at the end thereof a new Code Section, to be designated Code Section 56-2445, to read as follows:
"56-2445. Policies or contracts providing reimbursement for ser vices within the lawful scope of practice of chiropractors. Notwithstand ing any provisions in such policies or contracts which might be construed to the contrary, from and after July 1, 1980, all individual (Chapter 56-30) and group or blanket (Chapter 56-31) policies of accident and sickness insurance and individual or group service or indemnity con tracts issued by nonprofit corporations (Chapters 56-17 and 56-18) or by health care corporations (Chapter 56-17A) which are issued, delivered, issued for delivery, amended or renewed in this State and which provide coverage for services which are within the lawful scope of practice of a chiropractor duly licensed to practice in this State, shall be deemed to provide that any person covered under such policies or contracts shall be entitled to receive reimbursement for such services under such policies or contracts regardless of whether they are rendered by a duly licensed doc tor of medicine or by a duly licensed chiropractor."
Section 2. This Act shall not be construed so as to impair the obliga tion of any policy or contract which is in existence prior to the effective date 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 offered by Senator Barnes of the 33rd to the com mittee substitute, the yeas were 32, nays 3, and the substitute was adopted.
On the adoption of the committee substitute, the yeas were 36, nays 3, and the substitute was adopted by substitute.
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:

TUESDAY, FEBRUARY 12, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fjncher of 52nd

Fincher of 54th Foster Gillis Greene Hill Hudgins Hudson Kennedy Kidd Land Langford Littlefield McGill Overby Paulk

Those voting in the negative were Senators:

Coverdell Howard

Lester

Those not voting were Senators:

Brantley Broun of 46th (excused conferee)

Holloway (presiding) Horton

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker
Wessels
Johnson Summers

On the passage of the bill, the yeas were 45, nays 4.

1295

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 540. By Representative Knight of the 67th:
A bill to amend an Act providing that the State of Georgia shall be a party to the "Southern Growth Policies Agreement" and enacting said agreement in to law so as to change the provisions of the Southern Growth Policies Agree ment relating to internal management of the Southern Growth Policies Board.
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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant
Carter Cobb Coverdell Dean Eldridge English Evans
Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Hudson Johnson
Kennedy Kidd Land Lester McGill Overby Paulk

Those not voting were Senators:

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton
Tare Thompson Timmons Turner Tysinger Walker Wessels

Brantley Holloway (presiding)

Horton Langford

Littlefield ^Summers

On the passage of the bill, the yeas were 49, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 688. By Representatives Coleman of the 118th, Hanner of the 130th and Ramsey of the 3rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to change the provisions relating to the Georgia Bureau of In vestigation; to provide for the State Crime Laboratory to be a separate divi sion within the Georgia Bureau of Investigation to be known as the Division of Forensic Sciences; to provide that the director of the division shall be the Chief Medical Examiner of the State of Georgia.
Senate Sponsor: Senators Barker of the 18th and 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 Barker Barnes Bell Bond

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell

Dean Eldridge English Evans Fincher of 54th Foster

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1297

Gillis Greene Howard Hudgins
Hudson Johnson Kennedy Kidd Lester

McGill Overby Paulk Reynolds
Riley Robinson Russell 'Scott St'arr

Stephens Tate Thompson Timmons
Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Fincher of 52nd Hill Holloway (presiding)

Horton Land Langford Littlefield

Stumbaugh Summers Sutton

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 860. By Representatives Battle of the 124th, Harris of the 8th and Smith of the 42nd:

A bill to amend an Act entitled the "Certification of Water and Wastewater Treatment Plant Operators Act" so as to change terminology relative to the certification of water and wastewater treatment plant operators to include laboratory analysts; to amend the definition of the Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to include laboratory analysts.
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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Howard Hudgins Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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Those not voting were Senators:

Ballard Brantley Hill

Holloway (presiding) Horton Hudson

On the passage of the bill, the yeas were 46, nays 0.

Johnson Littlefield Summers

The bill, having received the requisite constitutional majority, was passed.

HB 1077. By Representatives Smith of the 42nd, Murphy of the 18th, Marcus of the 26th and others:
A bill to amend Code Title 84, relating to professions, businesses, and trades, so as to establish and provide for the administration of a controlled substances therapeutic research program.
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 Barker Barnes Bell Bond Broun of 46th Brown of 47th
Bryant Carter
Cobb Coverdell
Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Johnson
Kennedy Kidd
Land Langford
Lester Littlefield McGill Overby Paulk

Those not voting were Senators:

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh
Sutton Tate
Thompson Timmons
Turner Tysinger Walker Wessels

Brantley Holloway (presiding)

Horton Hudson

Summers

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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1299

HB 1091. By Representatives Reaves of the 147th, Bostick of the 146th and Veazey of the 146th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, so as to change the membership of the authority. 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:
Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond
Broun of 46th Brown of 47th Bryant
Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard
Hudgins Hudson Johnson
Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk

Those not voting were Senators:

Reynolds Riley Robinson Russell Scott Starr
Stephens Stumbaugh Sutton
Tate Thompson Timmons Turner Tysinger Walker Wessels

Brantley Holloway (presiding)

Horton Land

Summers

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1105. By Representatives Buck of the 95th, Ware of the 68th, Greer of the 43rd and others:
A bill to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967, so as to change provisions relative to certain definitions; to change the provisions relative to termination of membership, to change the provisions relative to applications for retirement and the effective date of retirement.
Senate Sponsor: Senators Ballard of the 45th and Sutton of the 9th.

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The following fiscal note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor

DATE:

January 14, 1980

SUBJECT: Proposed changes in Act establishing the Legislative Retirement System

This proposed legislation would change the following provisions of the Act establishing the Legislative Retirement System (LRS):

Sections ] and 4 Members withdrawing from the System would be refunded contributions and in
terest rather than just contributions.

Passage of these sections would result in interest being paid retirees that withdraw their contributions (as is the case with ERS); however, data on the interest on withdrawals from LRS is not available because the system has not been active since 1971. Since there are currently only approximately 250 potential members of LRS, the fiscal impact of paying interest to withdrawing members should be minimal.

Section 2 Members leaving the General Assembly (prior to age 60) could remain with the
retirement system as non-contributing members even if they have less than eight years of membership service.

Passage of this section would have no significant fiscal impact.

Section 3 The official retirement date would be changed from between 30 and 90 days after
the filing of the application for retirement to the first of the month that the application was received by the board (following the applicant's final month of employment).

Passage of this section would have no significant fiscal impact.

Section 5 Retired members who return to service in the General Assembly would be allowed
to continue to receive retirement benefits while in service.
Under current law, a retired member who returns to service in the General Assembly cannot continue to receive retirement benefits; this section would allow such members to continue to receive benefits (for example, $ 1,920 per year for 10 years ser vice). Because the number of retired members who would take advantage of this provi sion cannot be identified, the fiscal impact cannot be determined.

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1301

Section 6 New members would no longer be allowed to purchase membership service for ser
vice performed between December 31, 1953 and December 31,1966.

Passage of this section would have no significant fiscal impact.
Section 7 The effective date of the section allowing members to elect to transfer from the
Employees Retirement System (ERS) to LRS or to elect not to be a member of either system is specifically identified (April 13, 1979) and the time by which the election must be made is extended from July 1, 1980 to January 12, 1981.

Passage of this section would have no significant fiscal impact.
Section 8 A new provision is added that provides that members who elect to transfer from
ERS to LRS would not forfeit any of the rights and privileges they possessed under ERS.
This section would allow members who transfer from ERS to LRS to retain their rights and privileges to the way benefits are computed by ERS. It is impossible to predict the number of future LRS retirees who would benefit from having their benefits figured under ERS methods or the amount of resulting additional benefits that the system would be required to pay. However, since only approximately 160 members would be eligible, any resulting additional benefits should be minimal.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Ballar'd Bell Bond Broun of 46th Brown of 47th Carter
Cobb Coverdell
Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Greene Howard Hudgins Hudson Johnson
Kennedy Kidd
Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Sutton
Tate Timmons
Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Barnes

Foster Hill

Stephens Stumbaugh

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Those not voUng were Senators:

Brantley Bryant Holloway (presiding)

Horton Land Starr

Summers Thompson

On the passage of the bill, the yeas were 41, nays 6.

The bill, having received the requisite constitutional majority, was passed.

HB 1149. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend an Act providing for the regulation and licensing of the operation of nonprofit bingo games, so as to provide for the administration of said Act by the Georgia Bureau of Investigation.
Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter
Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Riley
Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Bryant

Holloway (presiding) Horton

Reynolds Summers

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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1303

HB 1151. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to provide for a Georgia Public Safety Training Center; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center. Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Judiciary offered the following substitute to HB 1151:
A BILL
To be entitled an Act to provide for a Georgia Public Safety Training Center; to provide for a short title; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center; to pro vide for administration and funds; to provide for use of the center; 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. Short title. This Act shall be known as and may be cited as the "Georgia Public Safety Training Center Act."
Section 2. Duties, power, and authority of the board. The Board of Public Safety is hereby authorized and empowered to establish, operate, and maintain the Georgia Public Safety Training Center for the purpose of pro viding facilities and programs for the training of state and local law enforce ment officers, firefighters, and others as hereinafter provided. The board is hereby authorized and empowered to do all things and take whatever action necessary to accomplish the above including, but not limited to, the prom ulgation of rules and regulations relative thereto. The board is hereby authorized and directed to select a site for the center. The board shall select the administrator of the center and establish the compensation for the ad ministrator.
Section 3. Administrator of the Georgia Public Safety Training Center. The administrator of the Georgia Public Safety Training Center shall select the necessary staff and shall administer the policies and pro grams of the board regarding the Georgia Public Safety Training Center. The administrator shall be responsible to the board for the management and operation of the Georgia Public Safety Training Center and shall report directly to the board.
Section 4. Administration and funds, (a) The center is assigned to the Department of Public Safety for administrative purposes only as prescribed in Section 3 of the "Executive Reorganization Act of 1972."
(b) The board is hereby authorized to solicit and accept gifts, grants, and donations for the purposes of carrying out the provisions of this Act. The board is also authorized to accept property, both real and personal, and services for the purpose of carrying out the provisions of this Act.
Section 5. Use of facility. Subject to such rules and regulations as shall be prescribed by the board, the facilities of the center may be made

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available to all state and local law enforcement officers and firefighters and may also be made available to other persons who evidence interest in enter ing the fields of law enforcement or fire fighting. The board is hereby authorized to prescribe and collect such fees as are necessary to defray all or a portion of the cost of furnishing such training and the use of the facilities of the center under such rules and regulations as the board shall prescribe. The state, municipalities, and counties are hereby authorized to expend funds for the purpose of paying the above fees. The board shall have the authority to determine who shall be allowed to enroll and participate in the facilities and training programs of the center.
Section 6. Effective date. This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Kennedy of the 4th offered the following amendment:
Amend the substitute to HB 1151 offered by the Senate Committee on Judiciary by adding in the title on line 5 of Page 1, between the word "provide" and the word "an", the following:
"for intent; to provide".
By adding in Section 2 on line 17 of Page 1, immediately preceding the word "and", the following:
"correctional personnel,".
By striking from Section 5 on line 22 of Page 2 the following:
"and firefighters",
and inserting in lieu thereof the following:
", firefighters, and correctional personnel".
By striking from Section 5, beginning on line 24 of Page 2, the follow ing:
"or fire fighting",
and inserting in lieu thereof the following: ", fire fighting, or corrections".
By renumbering Sections 6 and 7 on Page 3 as Sections 7 and 8, respec tively, and adding a new Section 6 to read as follows:
"Section 6. Nothing in this Act shall be considered as altering cur rent state laws establishing powers and authority of the Board of Of fender Rehabilitation or the State Board of Pardons and Paroles."
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

TUESDAY, FEBRUARY 12, 1980

1305

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Wessels

Those not voting were Senators:

Brantley Holloway (presiding) Horton

Johnson Littlefield Summers

On the passage of the bill, the yeas were 47, nays 0.

Timmons Walker

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1213. By Representatives Mullinax of the 69th, Mostiler of the 71st, Fortune of the 71st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to delete references to other sections which are no longer valid.
Senate Sponsor: Senator Stephens of the 36th.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 1213:
A BILL

To be entitled an Act to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), ap proved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to delete references to other sections which are no longer valid; to provide for non-

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charging of experience accounts under certain circumstances; to delete a provision denying a rate computation under certain circumstances; to change certain words for clearer meaning; to raise interest rate on delin quent taxes from one-half percent to one percent per month; to provide for certification and submission of bills to Department of Administrative Ser vices for payment of delinquent public employers; to clarify the meaning regarding the period of time for disqualification under Section 16(f); to pro vide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENATCTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, is hereby amended by striking from paragraph (1) of subsection (a) of Section 4A the following:
"Section 8(d) (2) and",
so that when so amended paragraph (1) of subsection (a) of Section 4A shall read as follows:
"(a) (1) Benefits based on service in employment defined in Section 19(h) (8) and (9), shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act; except that benefits based on service in an instructional, research, or principal administrative capacity in an in stitution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between two suc cessive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services in any such capacity for an in stitution or institutions of higher education of both such academic years or both such terms."
Section 2. Said Act is further amended by adding a new unnumbered paragraph to paragraph (2) of subsection (c) of Section 7 to read as follows:
"Provided, further, effective with benefit years beginning on or after July 1, 1980, that benefits paid to an individual who earned base-period wages for part-time employment shall not be charged to the experience rating account of an employer who complies with all of the following: (1) provided base-period part-time employment; (2) continues to provide employment to the same extent as that part-time employment provided in the base period; (3) is an interested party because of the individual's loss of other employment; and (4) furnishes timely information pursuant to the Regulations of the Commissioner of Labor.",
so that when so amended paragraph (2) of subsection (c) of Section 7 shall read as follows:

(2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his base-period employers,

TUESDAY, FEBRUARY 12, 1980

1307

provided, however, an employer's account shall not be charged with benefits paid an individual on the current or second benefit year claim based on wages earned prior to his separation from or failure to accept from such employer an offer of work that was suita' le in every respect save that of distance due to such individual's change of residence, under disqualifying conditions as provided in Section 5 of this Act; or, provid ed, further, that an employer shall not be charged with benefits paid if no disqualification is imposed as provided in Section 5 of this Act only because such employer is not the most recent employer; or, provided, fur ther, an employer shall not be charged with benefits paid if an in dividual's employment was terminated by the retirement of the in dividual pursuant to a retirement or lump-sum retirement pay plan under which the age of mandatory retirement has been agreed upon by the employer and his employees or by the bargaining agent representing such employees, any such benefits paid to such individuals shall be charged against the fund and not against the account of the employer, and the employer has furnished timely notice of separation or refusal of work pursuant to the Regulations of the Commissioner of Labor.
(A) The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an in dividual which the base-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the in dividual by all his base-period employers; Provided, that only fifty per centum of the 'extended benefits' paid shall be so chargeable pursuant to 'Title II PL 91-373'. Provided, further, that the provisions of Public Law 93-572 and any agreement entered into thereunder between the Commis sioner and the Secretary of Labor shall be controlling. Charges pursuant to this Section of amounts less that $ 1.00 shall be disregarded.
(B) Effective January 1, 1979, any other provisions of law to the con trary notwithstanding, extended benefits paid that are attributable to ser vice in the employ of any governmental entity as described in section 19 (h) (8) (B) shall be financed in the entirety by such governmental entity.
Provided, further, effective with benefit years beginning on or after July 1, 1980, that benefits paid to an individual who earned base-period wages for part-time employment shall not be charged to the experience rating account of an employer who complies with all of the following: (1) provided base-period part-time employment; (2) continues to provide employment to the same extent as that part-time employment provided in the base period; (3) is an interested party because of the individual's loss of other employment; and (4) furnishes timely information pursuant to the Regulations of the Commissioner of Labor."
Section 3. Said Act is further amended by striking in their entirety the second and third unnumbered paragraphs of paragraph (5) of subsection (c) of Section 7 and inserting in lieu thereof the following:
"Provided, however, that as of any computation date, on and after June 30, 1980, any employer who has failed to file by the end of the month following any computation date or by thirty (30 ) days from the date of notice to the employer that the reports hereinafter referred to are due and have not been received, whichever is later, (unless the time for

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JOURNAL OF THE SENATE,

filing reports has been further extended under Section 16 (e) [Section 54-632.1, Ga. Code Ann.]) all required reports with respect to employ ment and wages paid, together with such other information ^s is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the maximum rate, in cluding increases and decreases resulting from application of Section 7 (c) (8) of this Act, assigned to employers with positive reserves if his ac count shows an excess of contributions over benefits charged, or the max imum rate, including increases or decreases resulting from application of Section 7 (c) (8) of this Act, assigned to employers with deficits reserves if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Provided, also, the above provision shall apply regarding any delinquent reports required pursuant to Sec tion 14(g)of this Act."
so that when so amended paragraph (5) of subsection (c) of Section 7 shall read as follows:
"(5) For the year 1942 and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the pay ment of contributions, and with respect to benefits charged against their accounts, with a view of fixing such contribution rates as will reflect such benefit experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year.
Provided, however, that as of any computation date, on and after June 30, 1980, any employer who has failed to file by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports hereinafter referred to are due and have not been received, whichever is later, (unless the time for filing reports has been further extended under Section 16 (e) [Section 54-632.1 Ga. Code Ann.]) all required reports with respect to employ ment and wages paid, together with such other information as is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the maximum rate, in cluding increases and decreases resulting from application of Section 7 (c) (8) of this Act assigned to employers with positive reserves if his ac count shows an excess of contributions over benefits charged, or the max imum rate, including increases or decreases resulting from application of Section 7 (c) (8) of this Act, assigned to employers with deficit reserves if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Provided, also, the above provision shall apply regarding any delinquent reports required pursuant to Sec tion 14(g) of this Act."
Section 4. Said Act is further amended by striking the word "all" as it appears in the first line of the first sentence of the last paragraph of paragraph (6) of subsection (c) of Section 7 and inserting in lieu thereof the word "an", so that when so amended the first sentence of the last paragraph of paragraph (6) of subsection (c) of Section 7, with the exception of the tables which shall remain the same, shall read as follows:

TUESDAY, FEBRUARY 12, 1980

1309

"If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calen dar year shall be determined by dividing such deficit by his average an nual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date, June 30, 1978, and each computation date thereafter as shown:".
Section 5. Said Act is further amended by strikin^ from the first paragraph of subsection (b) of Section 7A the following:
"which elects coverage pursuant to subsection (d) of section 8 of this Act,",
and by striking the word "or" after the word "election" in the next-to-last line, so that when so amended the first paragraph of subsection (b) of Section 7A shall read as follows:
"Reimbursement in lieu of contribution. Hospitals and institutions of higher education operated by the State or an instrumentality thereof, or a nonprofit organization, which, pursuant to section 19 of this Act, is, or becomes, subject to this Act on or after January 1, 1972, shall pay con tributions under the provisions of section 7 of this Act, unless it elects to make payments in lieu of contributions, in accordance with this subsec tion. Hospitals or institutions of higher education operated by the State or an instrumentality thereof, or nonprofit organizations, which so elect, and hospitals or institutions of higher education operated by a political subdivision or an instrumentality thereof shall pay to the Commissioner for the unemployment fund an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid, that is attributable to service in the employ of such hospital or institution of higher education or nonprofit organization, to individuals during the effective period of such election with respect to political subdivision, the effective period of their subjectivity."
Section 6. Said Act is further amended by striking in its entirety subsec tion (a) of Section 14 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Interest on Past-Due Contributions.Contributions unpaid on the date on which they are due and payable, as prescribed by the Commis sioner, shall bear interest at the rate of one per centum per month or any fraction thereof from and after such date until payment pius accrued in terest is received by the Commissioner."
Section 7. Said Act is further amended by adding a new subsection (i) to Section 14 to read as follows:
"(i) Should any State department, political subdivision of the State, any instrumentality of a political subdivision of the State, or any in strumentality of one or more of the foregoing become more than one hun dred and twenty (120) days delinquent in contributions or reim bursements in lieu of contributions due to the Unemployment Compensa-

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JOURNAL OF THE SENATE,

tion Fund, the Employment Security Agency shall certify to the Fiscal Division of the Department of Administrative Services the amount due and the Fiscal Division shall transfer the amount due to the Employment Security Agency from funds it has available for distribution to the respec tive State department, political subdivision of the State, instrumentality of a political subdivision of the State, or instrumentality of one or more of the foregoing, The certification shall be signed by the Commissioner of Labor and shall be conclusive proof of the delinquency. The Commis sioner of Labor shall mail a copy of the certification to the delinquent public employer on the date of transmittal to the Department of Ad ministrative Services. Should the public employer wish to appeal the Commissioner's decision, he shall so notify the Commissioner within fif teen (15) days from the date the certification is mailed to the public employer. The .Commissioner shall at that time, upon receipt of the notice, request the Attorney General to appoint an independent attorney as an administrative hearing officer to hear all issues involved and render a decision. Should the public employer or the Commissioner contest the independent administrative hearing officer's decision, an appeal may be filed, within thirty (30) days after the decision of the independent ad ministrative hearing officer has been mailed, in the Superior Court of the county in which such decision was rendered. The Attorney General shall represent the Commissioner of Labor in any such matters appealed."
Section 8. Said Act is further amended by striking from subsection (f) of Section 16, the following:
"such determination by the Commissioner",
and inserting in lieu thereof the following:
"the commission of such act",
so that when so amended subsection (f) shall read as follows:
"(f) Any person who makes a false statement or misrepresentation as to a material fact, knowing the same to be false or who knowingly fails to disclose a material fact to obtain or increase benefits under this Act, either for himself or for any other person, or who knowingly accepts benefits under this Act to which he is not entitled, shall, upon an ap propriate finding by the Commissioner, cease to be eligible and shall forfeit all benefits, paid or unpaid, for any weeks of unemployment subse quent to the commission of said act and/or omission, including any benefits to which he would otherwise be entitled during the remainder of any incompleted calendar quarter and the next four complete calendar quarters immediately following the commission of such act; provided, however, that no such determination may be made more than twelve months after such occurrence, act, or omission occurring prior to July 1, 1977; and, provided further, that no such determination may be made more than four years after such occurrence, act, or omission occurring on or after July 1, 1977. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Section 6 of this Act. The provisions of this subsection shall be in addition to, and not in lieu of, any provision con tained in any of the other subsections of this Section."

TUESDAY, FEBRUARY 12, 1980

1311

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval except for Section 6 which shall become effective on July 1, 1980.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 35, nay 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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

Those not voting were Senators:

Overby Paulk Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Wessels

Bond Brantley Holloway (presiding) Horton

Land Littlefield Reynolds Russell

Summers Timmons Walker

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 1286. By Representatives Reaves of the 147th and Collins of the 144th:
A bill to amend an Act known as the "Georgia Pesticide Control Act of 1976" so as to provide an enforcing official; to authorize the Commissioner of Agriculture to bring an action to enjoin violations.
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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge
English
Evans

Fincher of 52nd

Fincher of 54th

Foster

Gillis

Greene

Hill

Howard

Hudgins

Hudson

Kennedy

Kidd

Land

Langford

Lester

McGill

.

Those not voting were Senators:

Overby Paulk Reynolds
Riley Robinson Scott
Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger
Wessels

Brantley Holloway (presiding) Horton

Johnson Littlefield Russell

Summers Timmons Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1372. By Representatives Walker of the 115th and Castleberry of the 111 th:
A bill to amend an Act to provide, from State appropriations, funds and grants to local public school systems for educational purposes, so as to change certain provisions relating to allocation of grant funds. Senate Sponsor: Senator Broun of the 46th.

Senator Langford of the 51st offered the following amendment:
Amend HB 1372 by striking lines 12 through 23 on Page 1 in their en tirety and inserting in lieu thereof the following:
"(Ga. Laws 1979, p. 1001), is hereby amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof the following:".
By striking lines 5 through 12 on Page 2 in their entirety and inserting in lieu thereof the following:
"of the entire public school system of the State."

On the adoption of the amendment, Senator Langford of the 51st called for the yeas and nays; the call was sustained, and the vote was as follows:

TUESDAY, FEBRUARY 12, 1980

1313

Those voting in the affirmative were Senators:

Barnes Evans

Fincher of 54th Langford

Those voting in the negative were Senators:

Paulk Russell

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Brantley Holloway (presiding)

Horton

Summers

On the adoption of the amendment, the yeas were 6, nays 45, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis
Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Reynolds Riley Robinson
Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker
Wessels

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JOURNAL OF THE SENATE,

Voting in the negative were Senators Langford and Paulk. Those not voting were Senators:

Brantley Holloway (presiding)

Horton

Summers

On the passage of the bill, the yeas were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following general resolution of the Senate, having been read the third time on February 11, and postponed until February 12, was put upon its adoption:

SR 264. By Senators Stephens of the 36th, Fincher of the 52nd and Hudson of the 35th:
A resolution creating the Silver-Haired Legislature.

Senator Stephens of the 36th offered the following amendment:

Amend SR 264 by striking on Page 1, line 25 the word "Siler"

and

By inserting in lieu thereof the word

"Silver".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

Senator Stephens of the 36th offered the following substitute to SR 264:

A RESOLUTION

Creating the Silver-Haired Legislature; and for other purposes.

WHEREAS, at least 670,000 of the citizens of the State of Georgia are 60 years of age or older; and

WHEREAS, a number of these older persons and their families are unable to respond to their many and special needs; and

WHEREAS, the State of Georgia wishes to foster independent growth, self-care, and dignity among its older citizens; and

WHEREAS, these older citizens need and are entitled to a special forum in which to voice their needs and concerns over matters affecting them and future generations of older Georgians; and

WHEREAS, duly elected members of the first Silver-Haired Legislature, convened prior to the 1980 session of the General Assembly of Georgia, per formed in a highly professional manner in executing their legislative respon sibilities and thereby expressed the special needs and interest of all older Georgians in a most articulate and responsible fashion.

TUESDAY, FEBRUARY 12, 1980

1315

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created a special advisory legislature to be known as the Georgia Silver-Haired Legislature. Its members shall be of age 60 or over and shall be duly elected pursuant to election procedures developed by the Department of Human Resources in coordination with the State's network of aging programs. Where funding is available, it is the intent of the General Assembly of Georgia that the Department of Human Resources will provide reimbursement for reasonable expenses incurred by Silver-Haired Legislators in conducting legislative matters. Other forms of compensation for Silver-Haired Legislators are prohibited. The Silver-Haired Legislature is hereby authoriz ed to meet each year at the State Capitol at an appropriate time prior to the convening of the General Assembly of Georgia. The Silver-Haired Legislature is hereby authorized to adopt bylaws to govern its internal pro cedures and said body is hereby authorized to study and adopt such measures as it deems necessary to present to the General Assembly of Georgia for consideration. Such measures shall be given due consideration by the General Assembly in its deliberations.
Senator Broun of the 46th offered the following amendment:
Amend the substitute to SR 264 offered by Senator Stephens of the 36th by striking on Page 2, lines 5 through 10 in their entirety and inserting in lieu thereof:
"The Silver-Haired Legislature".
On the adoption of the amendment, Senator Stephens of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Broun of 46th Coverdell Fincher of 52nd Greene

Land Lester Littlefield Robinson

Stumbaugh Sutton Thompson Tysinger

Those voting in the negative were Senators:

Ballard Barker Barnes Bell Bond Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 54th Foster Gillis Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford McGill

Overby Paulk Reynolds Riley Russell Scott Starr Stephens Tate Turner Walker Wessels

1316

JOURNAL OF THE SENATE,

Those not voting were Senators:

Brantley Holloway (presiding)

Horton Summers

Timmons

On the adoption of the amendment, the yeas were 13, nays 37, and the amendment offered by Senator Broun of the 46th was lost.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolu tion, 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 Broun of 46th Brown of 47th
Bryant Carter Cobb Coverdell
Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene
Hill Howard Hudgins Hudson
Johnson Kennedy Kidd Land
Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Paulk Reynolds Riley Robinson
Russell Scott Starr Stephens
Stumbaugh Sutton Tate Thompson
Timmons Turner Tysinger Walker Wessels

Brantley Holloway (presiding)

Horton

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution having received the requisite constitutional majority, was adopted by substitute.
The President resumed the Chair.
The following general resolution of the House, having been read the third time on February 7 and postponed until February 12, was put upon its adoption:
HR 41. By Representatives McDonald of the 12th, Hays of the 1st, Lane of the 81st and others: A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other

TUESDAY, FEBRUARY 12, 1980

1317

benefits of retired persons who have retired or who retire in the future pur suant to the Georgia Firemen's Pension Fund; to provide that no formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired; 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 X, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new subparagraph (d) to read as follows:
"(d) Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund or any similar fund or system heretofore or hereafter created by law. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired. The funds necessary to provide for such increases in benefits shall come from funds otherwise provided for the operation of the Georgia Firemen's Pension Fund or from such other public funds as the General Assembly shall direct."

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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

] YES ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons wh< nave retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund and to provide that no formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the pro posed 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 following fiscal note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334
MEMORANDUM

TO:

The Honorable Culver Kidd, Chairman

Senate Governmental Operations Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 8, 1980

SUBJECT:

Fiscal Note--House Resolution 41 (Committee Substitute) Georgia Firemen's Pension Fund

This Resolution proposes a Constitutional Amendment that, if ratified, would authorize the General Assembly to increase the benefits paid to retired members of the Georgia Firemen's Pension Fund who have already retired or who retire in the future. Persons formerly retired could not receive benefits greater than those provided by law for future retirees. Current law only permits the legislature to increase future benefits payable to active Fund members who have not yet retired.
The fiscal impact of any legislation which would result from the ratification of this proposed Amendment cannot be determined at this time. An actuarial letter dated July 7, 1978 indicated, however, that the Fund could increase the benefits paid to all currently retired members (excluding those on disability retirement) by $25 per month and increase the maximum benefit payable to currently active members to $340 per month. Legislation increasing the maximum monthly benefit to $340 was enacted in 1979. The cost of providing a $25 per month increase to all currently retired members would be reduced by the provision of this Resolution which would prohibit retired members from receiving benefits greater than those provided for future retirees (a current limit of $340 per month).

Is/ William M. Nixon State Auditor

Is/ Clark T. Stevens Director, Office of Planning and Budget

Senator Sutton of the 9th offered the following amendment:

Amend HR 41 by striking on Page 2, line 2, the quotation mark where it appears immediately following the word and period "direct." and by add ing immediately following said word and period "direct." a new sentence to read as follows:
"If a proposed new Constitution is ratified as the Constitution of the State of Georgia at the 1980 general election, then this subparagraph

TUESDAY, FEBRUARY 12, 1980

1319

shall be repealed in its entirety and shall not become a part of the Con stitution of Georgia of 1980."

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor

DATE:

February 11, 1980

SUBJECT: Proposed Amendment to HR 41

A proposed amendment to House Resolution 41 specifies that if a new Constitution is ratified at the 1980 general election then the provisions of the Constitutional Amendment proposed by HR 41 would be repealed. It should be noted that this proposed amendment to HR 41 would, as currently word ed, revise the Committee Substitute to HR 41.

If this proposed amendment is included in HR 41 (Committee Substitute) and if the proposed Constitutional Amendment is ratified and becomes law, the resultant fiscal impact would be identical to that cited in the attached fiscal note regarding HR 41 (CS) dated February 8, 1980.

Is/ William M. Nixon State Auditor

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to as amended.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley

Holloway (presiding) Horton

Summers

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 328. By Senator Carter of the 14th: A bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to provide credit for certain service under certain conditions; to change the provisions relative to credit for prior service.
The following fiscal note, as required by law, was read by the Secretary:

TUESDAY, FEBRUARY 12, 1980

1321

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

DATE:

January 22, 1980

SUBJECT: Fiscal Note-Senate Bill 328 Legislative Retirement System

This Bill would allow former members of the system who received com pensation from the state for services rendered prior to January 1, 1943 to receive prior service credit for such service. Under present law, former members are those persons who withdraw their contributions, who become system beneficiaries, or who are absent from service more than four years within a five-year period after becoming a member. Currently, prior service credit may only be claimed for service rendered before January 1, 1954 in the wartime armed forces or as a Representative, Senator, or staff member of the General Assembly.

Based on current retirement benefits, each year of prior service credit granted under the provisions of the Bill would cost the state $192 per year for each year the person receives retirement benefits. The number of persons who would obtain prior service credit under this Bill cannot be determined.

/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 call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Ballard Barker Bell Bond
Broun of 46th Brown of 47th Bryant

Carter
Cobb Eldridge English Fincher of 52nd
Fincher of 54th Gillis Greene

Hill
Howard Hudgins Hudson Kennedy
Kidd Lancl Langford

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JOURNAL OF THE SENATE,

Lester Littlefield McGill Overby Paulk Reynolds
Riley

Robinson Russell Scott Starr Stephens Sutton

Those voting in the negative were Senators:

Barnes Coverdell Dean

Foster Johnson

Those not voting were Senators:

Brantley Evans

Holloway (excused conferee)

On the passage of the bill, the yeas were 43, nays 7.

Tate Timmons Turner Tysinger Walker Wessels
Stumbaugh Thompson
Horton Summers

The bill, having received the requisite constitutional majority, was passed.

The following local resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 311. By Senators Hudgins of the 15th and Land of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create at ten-year intervals a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city, and in its discretion, to propose a new charter or changes in the existing charter which will be submitted to the voters of said city for their approval or rejection; to provide for powers and duties of the commission and other officials; to provide for intent; 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:
"(a) Any other provisions of this Constitution to the contrary not withstanding, beginning in January, 1981, and at ten-year intervals thereafter, there shall be created a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city (sometimes

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referred to as the consolidated government of the City of Columbus and Muscogee County). The commission shall be composed of 25 members representing the various geographic, business, cultural, and other segments of the city and shall be appointed by the mayor of Columbus, Georgia; and the mayor shall designate one such member to serve as Chairman. Vacancies in the commission shall be filled by appointment by the mayor. The commission shall hold an organizational meeting at the call of the mayor, may elect additional officers, and shall adopt such rules and regulations necessary or desirable to carry out its powers and perform its duties and functions as provided in paragraphs (a), (b), and (c). Members shall not be compensated for their services. All public of ficials of the city, upon request, shall furnish the commission with in formation and assistance necessary or appropriate for it to carry out its duties.

(b) The commission shall be required to hold at least two public hearings to determine the sentiment of the citizens regarding any propos ed new charter or proposed changes in the existing charter recommended by the commission. Said commission shall cause the date, time, and place of such hearings to be advertised in the official organ of the City of Col umbus at least twice during the week immediately preceding the week during which such public hearings are held. The commission may hold additional public hearings, provided that such hearings are advertised as provided herein.
(c) The commission shall complete its work and report its recom mendations to the governing authority of the city within 15 months after the date of its initial meeting, at which time the commission shall be abolished and terminated. The Commission shall file with the clerk of the governing authority of the city certified copies of any proposed new charter or proposed changes in the existing charter. Such copies shall be public records and shall be available for inspection or examination by any interested person.
(d) After the recommendations are filed with the governing authori ty, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting any proposed new charter or proposed changes in the existing charter to the qualified voters of the City of Columbus. No proposed charter or proposed changes in the existing charter shall be submitted if they have not been approved by the Depart ment of Justice if such approval is required by law. The election superintendent shall set the date of such election for the date of the general election held immediately following the completion of the com mission's work. The election superintendent shall cause the date and pur pose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of the city. The ballot shall have written or printed thereon the following:
'For the approval of the new charter for the City of Columbus.
Against approval of the new charter for the City of Columbus'.

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'For approval of the changes in the existing charter of the City of Columbus.
Against approval of the changes in the existing charter of the City of Columbus.'
All persons desiring to vote in favor of said new charter or changes in the existing charter shall vote for approval, and those persons desiring to vote for rejection of said new charter or changes in the existing charter shall vote against approval. If more than one-half of the votes cast are for approval of said new charter or changes in the existing charter, then said new charter or changes in the existing charter shall become effective on the first day of January immediately following the election; otherwise, the new charter or changes in the existing charter shall be void and of no force and effect. The expense' of such election shall be borne by the City of Columbus.
(e) The charter review commission shall not be authorized to pro pose a new charter or changes in an existing charter which are contrary to the restrictions imposed on the General Assembly and the Muscogee County Charter Commission pursuant to an amendment to the Constitu tion ratified at the general election held in 1968 (Ga. Laws 1968, p. 1508).
(f) The provisions of paragraphs (a) through (e) and the powers of the charter review commission are cumulative to other powers of the General Assembly and other powers provided by general or local law af fecting the City of Columbus, Georgia."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create at ten-year intervals a Charter Review Commission for the City of Col-
[ ] NO umbus, Georgia, to study the charter of said city and, in its discretion, to propose a new charter or changes in the ex isting charter which will be submitted to the voters of said city for their approval or rejection?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.

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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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 315. By Senator Lester of the 23rd:

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, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur in the County of Richmond; to provide for the collection, administration and disbursement of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation, which adjustment shall be equal both in portions of Richmond County inside the boundaries of any municipality or outside the boundaries of any municipality; to provide for the expenditure of the proceeds of the tax; to provide that any Act adopted during the year

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1980 by virtue of this Resolution that imposes a sales and use tax in and for the County of Richmond shall not be effective if, during the year 1980, or in any subsequent 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 amendment adopted during the year 1980 increasing the sales and use tax Statewide becomes ineffective for any reason, then any Act thereafter adopted by vir tue of the power conferred by this amendment, levying a one percent sales and use tax in Richmond County, shall, prior to being implemented, be sub mitted for approval 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 GEORGIA:
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 Richmond County, Georgia, which items, uses and transactions are taxed under the Georgia Retailers' and Consumer' 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 Retailers' and Consumers' Sales Tax Act (Ga. Laws 1975, p. 984), shall not be effective in Richmond County, Georgia, so long as any tax authorized by the General Assembly by virtue of this Resolution shall be in effect;
(2) Provide the manner in which the tax so imposed shall be col lected, administered and disbursed by the State Revenue Commissioner;
(3) Provide for the enforcement of the Act or Acts and the imposi tion of penalties for failure to comply with the Act or Acts;
(4) Provide that the governing authority of the County of Richmond shall adjust the mill rate for county ad valorem taxation during the year 1981 and in subsequent years, and further provide a method by which the mill rate for county ad valorem taxation shall be adjusted;
(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 1980 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 Richmond County, Georgia, shall not be effective in the event that during the year 1980, or in any subsequent year, a Statewide increase 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

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constitutional amendment adopted during the year 1980 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 Richmond 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 amend ment shall be retroactive to January 1, 1980. Any Act passed after January 1, 1980, germane to the subject matter of this amendment, whether it be a general or special law, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assemby 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 pertaining to all or any one or more of said functions, which law or laws may be passed prior to or subsequent to the submis sion 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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to impose an additional tax of one percent
[ ] NO on all items, uses and transactions subject to the Georgia Retailers' and Consumers' Sales and Use Tax Act which oc cur in Richmond County, Georgia, and to provide for the reduction of the mill rate of ad valorem taxation upon prop erty in Richmond County, Georgia, which reduction shall be the same both for property lying inside any municipality or outside any municipality?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Horton

Langford

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, anys 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 318. By Senator Barnes of the 33rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to create the Powder Springs Downtown Development Authority; to provide for powers, authori ty, funds, purposes, and procedure connected therewith; 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, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Powder Springs Downtown Development Authority, (a) There is hereby created a body corporate and politic in the City of Powder Springs in Cobb County to be known as the Powder Springs Downtown

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Development Authority, which shall be an instrumentality of the City of Powder Springs and a public corporation and which in this amdendment is hereafter referred to as the 'authority.'
(b) The authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the mayor and council of the City of Powder Springs. The first members shall be appointed for terms of one, two, three, four, and five years, respectively, and thereafter their suc cessors shall be appointed for terms of five years. Members shall serve un til their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. No member of the authority shall be the mayor nor a member of the council of the City of Powder Spr'ngs, but there shall be no other disqualification to hold public office by reason of membership in the authority.
(c) The property, obligations, and the interest on the obligations of the authority shall have the same immunity from taxation as the proper ty, obligations, and interest on the obligations of the City of Powder Springs. The exemption from taxation herein provided shall not extend to tenants nor lessees of the authority.
(d) The authority shall have the power:
(1) To sue and to be sued. (2) To adopt and amend a corporate seal. (3) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the authority, including, but not limited to, contracts for construction of projects, leases of projects, con tracts for sale of projects, and contracts with respect to the use of proj ects.
(4) To finance (by loan, grant or lease), construct, erect, purchase, acquire, own, repair, remodel; renovate; rehabilitate; maintain, extend, improve, sell, equip; expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contribution or loans by persons, corporations, partnerships (limited or general), or other entities, all of which the authority is hereby authorized to receive and accept and use. For purposes of this paragraph the term 'project' shall mean and include anything included within the definition of 'project' in the Development Authorities Law and the General Assembly may by local law further define the term 'project' for the purposes of this paragraph.

(5) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trusts indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments as

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may be necessary or desirable, in the judgment of the authority, to evidence and secure such borrowing.
(6) To issue revenue bonds, notes, or other obligations of the authori ty and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to or necessary and appropriate to furthering or carrying out such purposes.
(7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in futherance of the authority's public purpose and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other
(8) To enter into agreements with the federal government or any agency thereof to use in the performance of the authority's functions the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purpose of the authority.
(9) To contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county, or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such con tracts shall deal with such activities and transactions as the authority and any such subdivision with which the authority contracts are by law authorized to undertake.
(10) To extend credit or make loans to any person, corporation, part nership (limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds, and, in the exercise of powers granted by this paragraph in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and condi tions as the authority may deem necessary or desirable.
(11) As security for repayment of any revenue bonds, notes, or other obligations of the authority to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority and to execute any lease, trust indenture, trust agreement,

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agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instrument may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal or interest or in the performance of any term or condition contained in any such in strument (the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any instrument encumbering such property may be foreclos ed in accordance with law and the terms thereof).
(12) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of the State of Georgia.
(13) To do all things necessary or convenient to carry out the powers expressly conferred by this paragraph.
(e) The authority shall be authorized to levy upon all real property subject to taxation by the authority within the downtown development district on January 1 of each year, a tax not to exceed 25 mills upon the assessed value of all such property, according to the assessed value of such property for ad valorem tax purposes for the City of Powder Springs. All taxes levied by the authority shall become due and payable at the same time as ad valorem taxes levied by the City of Powder Springs. Delinquent taxes shall bear the same interest and penalties as City of Powder Springs ad valorem taxes.
(f) The authority shall have the right and power of eminent domain over the downtown development district for the purpose of acquiring property in carrying out its aims and objectives.
(g) The downtown development district shall be determined by resolution of the mayor and council of the City of Powder Springs and may be amended or changed from time to time at the discretion of the mayor and council.
(h) The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Powder Springs within the meaning of Article IX, Section VII, Paragraph I of the Con stitution of the State of Georgia of 1976, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city. Any bondholder shall have the right to com pel the authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon; provided, however, that any resolution of the authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture, or similar agree ment approved by the authority may provide that no bondholder shall

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have any such right to compel levy of a tax, and, in that event, the authority may not and shall not levy any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture, or similar agreement or interest thereon.
(i) The authority is hereby authorized to issue revenue bonds, notes, or other obligations from time to time to carry out the purposes of this paragraph. Revenue bonds, notes, or other obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provid ed hereunder. Such revenue bonds, notes, or other obligations shall be authorized by resolution of the governing body of the authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said authority in determining the cost of any project for which revenue bonds, notes, or other obligations are to be issued may include all costs relative to the is suance thereof and, without intending to limit such costs, may include ar chitectural, engineering, inspection, fiscal agents', and legal expenses estimated to accrue from the date of any revenue bonds, notes, or other obligations through the period of construction and for six months after such construction; and such revenue bonds, notes, or other obligations shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such revenue bonds, notes, or other obligations may provide. Revenue bonds, notes, or other obligations and interest thereon so issued by said authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants, and provisions contained in any such resolution authorizing the issuance of such revenue bonds, notes, or other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of revenue bonds, notes, or other obligations and to create and maintain a reserve for that purpose. Such bonds, but not notes or other obligations, issued by said authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. The interest rate or rates on or to be borne by any revenue bonds, notes, or other obligations issued by the authority shall be determined by the members of the authority; and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, the usury laws of the State of Georgia, or any other laws of the State of Georgia shall not apply to revenue bonds, notes, or other obligations of the authority issued pursuant to this paragraph. The members of the author ity for purposes of the Revenue Bond Law shall constitute the 'governing body,' as that term is used herein.

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(j) For purposes of validation of revenue bonds as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, the authority shall be considered to be located in the City of Powder Springs, Cobb County, Georgia.
(k) The authority may provide for the replacement of any bonds issued by it which shall be lost, mutilated or destroyed.
(1) In the discretion of the authority, any issue of bonds pursuant to this paragraph may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company, any bank hav ing the powers of a trust company within or outside the state, any na tional banking association organized under the laws of the United States, or an individual. Such trust indenture may pledge or assign fees, tolls, revenues, rents, receipts, earnings, or other funds to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may prescribe the procedure by which bondholders may en force their rights. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company in corporated under the laws of this state or any national banking associa tion organized under the laws of the United States to act as such depository and to furnish such security as may be required by the authority. All expenses incurred in connection with any such resolution or trust indenture may be treated as operating expenses of the authority. This subparagraph is illustrative and does not limit the types of in struments which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the authority or any instrument executed by the authority may contain. Any resolution adopted by the authority or any indenture of trust, trust agreement, or other instrument executed by the authority may contain such terms and provisions as the authority shall approve. Such approval of the authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement, or other instrument by the chairman or vice chairman of the authority and the attestation of such execution by the secretary or any assistant secretary of the authority. Nothing herein shall be construed to require, for any issue of revenue bonds, a trustee or a trust indenture, trust agreement, or similar instrument.
(m) In addition to and not in limitation of other powers granted in this paragraph as to the issuance of revenue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements which it deems appropriate with users or owners of projects in order to provide security to bondholders; and for

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such purposes it may also enter into joint agreements, arrangements, or trust indentures with such users or owners and a trustee or trustees under any trust indenture in order that funds may be procured to accomplish the purposes of this paragraph.
(n) While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its of ficers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds.
(o) All revenue bonds of the authority issued under the provisions of this paragraph are declared to be issued for an essential public purpose and the said bonds and the income therefrom shall at all times be exempt from taxation within the state.
(p) Any revenue bonds issued by the authority under the provisions of this paragraph are hereby made securities in which all public officers and bodies of this state and all municipalities and all municipal subdivi sions, all insurance companies and associations and other persons carry ing on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other obliga tions of the state may properly and legally invest funds including capital in their control or belonging to them. The revenue bonds of the authority are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be organized.
(q) The purpose of the authority is the redevelopment of the downtown Powder Springs District, which includes but is not limited to renovation and rehabilitation of. existing buildings, structures, and im provements and acquisition and construction of new buildings, struc tures, and improvements located in the downtown Powder Springs district, all for any commercial, business, office, public, or other use determined by a majority of the members of the authority to further the redevelopment of the downtown Powder Springs district. The purpose of the authority is hereby declared to be an essential and public purpose, promoting the public good and welfare and benefiting the citizens of the downtown Powder Springs district and the City of Powder Springs. This paragraph shall be liberally construed to effect its purpose.
(r) It is hereby declared that all property of the authority held pur suant to the terms of this paragraph, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom is held for an essential public purpose and all such property is deemed to be public property and tax exempt."

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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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the establishment of a Powder Springs Downtown Development
[ ] NO Authority and to provide for the powers, duties, and responsibilities of said authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge
English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester
Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner
Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

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On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 458. 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 a homestead exemption of $8,000.00 from all Houston County and Houston County School District ad valorem taxes for each resident of Houston Coun ty 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 $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the sub mission of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Houston County who is 65 years of age or over or who is disabled is hereby granted an exemption from all Houston County and Houston County School District ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence 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 $ 10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term 'adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retire ment, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pen sion system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amend ed. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemp tion shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physi cian or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that

TUESDAY FEBRUARY 12, 1980

1337

such incapacity is likely to be permanent. 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 Houston County, giving his age, or if disabled the certificate or certificates provided for herein, 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 enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide af fidavit 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, and a certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be ncessary 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 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 pro vide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the onequarter mill ad valorem tax levied by the state, but in all other respects such homestead exemption shall supersede and replace a homestead ex emption from county taxes for residents of Houston County who are 65 years of age or over and a homestead exemption from school taxes for Houston County residents who are 62 years of age or over when such homestead exemptions have been provided by previously existing provi sions of this Constitution. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Houston County
[ ] NO and Houston County School District ad valorem taxes for each resident of Houston 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 $ 10,000.00, exclusive of certain retirement, survivor, disability, and pen sion benefits?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Community Affairs offered the following amendment:

Amend HR 458 by striking from line 4 of Page 1, line 18 of Page 1, and line 8 of Page 4 the following:
"65",
and inserting in lieu thereof the following: "62".

On the adoption of the amendment, the yeas were 51, 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:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

TUESDAY FEBRUARY 12, 1980 On the adoption of the resolution, the yeas were 51, nays 0.

1339

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

HR 461. By Representatives Twiggs of the 4th and Colwell of the 4th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state; 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 III, Section VIII, Paragraph XII of the Constitution is hereby amended by adding immediately after the following:
"9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health in surance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons.",
the following:
"The Towns County Board of Education is hereby authorized to ex pend funds to pay all or part of the employer or employee contributions required by any health insurance plan for retired public school teachers provided by the general law of this state."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the Towns County Board of Education shall have the authority
[ ] NO to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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JOURNAL OF THE SENATE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the years were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 476. By Representatives Birdsong of the 103rd and Baugh of the 108th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Danville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to

TUESDAY FEBRUARY 12, 1980

1341

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 paragraph:
"Each resident of the City of Danville who is 60 years of age or older prior to the first day of the tax year is hereby granted an exemption for the tax year in the amount of $2,000.00 for the tax year beginning January 1, 1981, and in the amount of $4,000.00 for all tax years beginning on or after January 1, 1982, on his or her homestead from all ad valorem taxation by the City of Danville so long as any such resident of the City of Danville ac tually occupies said homestead as his residence. There shall be no more than one such 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 Danville. 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 Danville, or with a person designated by the govern ing authority of the City of Danville, giving his age and any additional in formation as may be required to enable the governing authority of the City of Danville, or the person designated by the governing authority of the City of Danville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Danville, or the per son designated by the said governing authority, shall provide affidavit forms for this purpose. After any such owner has filed the proper affidavit, as pro vided 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 Danville, or the person designated by the governing authority of the City of Danville, in the event he becomes ineligi ble for the exemption provided in this paragraph. The governing authority of the City of Danville, or the person designated by said governing authori ty, shall provide for the proper administration of this exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I, of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that residents of the City of Danville who are 60 years of age or
[ ] NO over shall be granted a homestead exemption of $2,000.00 in 1981 and $4,000.00 thereafter from ad valorem taxation by said city?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 510. By Representatives Greene and Moody of the 138th:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is ex-

TUESDAY FEBRUARY 12, 1980

1343

empt from county taxes, from $2,000.00 to $10,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Wayne County actually oc cupied 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 $10,000.00 of its value, is hereby exempted from all ad valorem taxation for county purposes, except to pay interest on and retire bonded in debtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The in creased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the amount of the homestead of each resident of Wayne County,
[ ] NO which is exempt from county taxes, from $2,000.00 to $10,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Littlefield of the 6th offered the following substitute to HR 510:

A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain homestead property in Wayne County from ad valorem taxes levied for county 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 GEORGIA:
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:

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JOURNAL OF THE SENATE,

"Any other provisions of this Constitution to the contrary not withstanding, each resident of Wayne County who is 65 years of age or over and each resident who is totally disabled is hereby granted an ex emption from all Wayne County ad valorem taxes for county purposes on the homestead owned and occupied by him as a residence, but not to ex ceed $10,000.00 of its value. The exemption contained herein does not apply to taxation to pay interest on and retire bonded indebtedness. 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 Wayne County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the Tax Com missioner to make a determination as to whether such owner is entitled to such exemption. In addition, each owner who is totally disabled shall not receive the benefits of such homestead exemption unless he or his agent files affidavits from at least two licensed medical doctors stating that in their professional opinion such owner is, by reason of physical or mental disability, unable to obtain gainful employment and such disability is likely to be permanent. The Tax Commissioner shall provide affidavit forms for these purposes. 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 pro vided 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 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 becomes ineligi ble 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 ex emption provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to exempt from Wayne County taxes $ 10,000.00 of the value of a homestead
[ ] NO owned by an individual who is totally disabled or 65 years of age or older?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 12, 1980

1345

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 adoption of the resolu tion, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
HR 518. By Representative Birdsong of the 103rd:
A RESOLUTION Proposing an amendment to the Constitution so as to change the amount of certain homestead exemptions from ad valorem taxes levied for

1346

JOURNAL OF THE SENATE,

county and school purposes in Twiggs 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the paragraph 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 oc cupied 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 pur poses and except to pay interest on and retire bonded indebtedness, pro vided, however, should the 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 hous ing authority, 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.",
a new paragraph to read as follows:
"For purposes of the application of the exemption granted in the im mediately preceding paragraph to taxes levied in Twiggs County for county and school purposes, the exemption is hereby increased to $4,000.00 for the tax year beginning January 1, 1981; to $5,000.00 for the tax year beginning January 1, 1982; and to $6,000.00 for all tax years beginning on or after January 1, 1983. In the event the immediate ly preceding paragraph is amended so as to increase the exemption authorized in that paragraph to an amount in excess of the amount granted in this paragraph, the amount of exemption provided for in the immediately preceding paragraph shall prevail."
Section 2. Article VII, Section I, Paragraph IV of the Constitution is further amended by adding after the paragraph which reads as follows:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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 defin ed by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for in come 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 in dividual and his spouse under the Federal Social Security Act, and in-

TUESDAY FEBRUARY 12, 1980

1347

come from such sources in excess of such maximum amount shall be in cluded as income for the purposes of this paragraph. 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 or tax receiver of the county in which he resides, 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 in formation relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner or tax receiver 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 or tax receiver in the event he becomes ineligible for any reason for the ex emption 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, 1974.",
a new paragraph to read as follows:
"For purposes of the application of the exemption granted in the im mediately preceding paragraph to taxes levied in Twiggs County for county purposes, the exemption is hereby increased to $6,000.00 for the tax year beginning January 1, 1981; to $7,000.00 for the tax year begin ning January 1, 1982; and to $8,000.00 for all tax years beginning on or after January 1, 1983. In the event the immediately preceding paragraph is amended so as to increase the exemption authorized in that paragraph to an amount in excess of the amount granted in this paragraph, the amount of exemption provided for in the immediately preceding paragraph shall prevail."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the Twiggs County homestead exemption from taxes levied for
[ ] NO county and school purposes to $4,000.00 in 1981, $5,000.00 in 1982, and $6,000.00 in 1983 and thereafter and to increase the exemption allowed from county taxes for certain persons aged 65 or over to $6,000.00 in 1981, $7,000.00 in 1982, and $8,000.00 in 1983 and thereafter?"

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JOURNAL OF THE SENATE,

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Horton

Langford

Paulk . Reynolds Riley Robinson Russell S^cott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

TUESDAY FEBRUARY 12, 1980 HR 527. By Representative Birdsong of the 103rd:

1349

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Jeffersonville who are 60 years of age or over shall be granted a homestead exemption 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 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:
"Each resident of the City of Jeffersonville who is 60 years of age or older prior to the first day of the tax year is hereby granted an exemption for the tax year in the amount of $2,000.00 for the tax year beginning January 1, 1981, and in the amount of $4,000.00 for all tax years begin ning on or after January 1, 1982, on his or her homestead from all ad valorem taxation by the City of Jeffersonville so long as any such resident of the City of Jeffersonville actually occupies said homestead as his residence. There shall be no more than one such 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 Jeffer sonville. 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 Jeffersonville, or with a person designated by the governing authority of the City of Jeffersonville, giving his age and any additional information as may be required to enable the governing authority of the City of Jeffersonville, or the person designated by the governing authority of the City of Jeffersonville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Jeffersonville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. 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 Jeffersonville, or the person designated by the governing authority of the City of Jeffersonville, in the event he becomes ineligible for the exemption provided in this paragraph. The governing authority of the City of Jeffersonville, or the person designated by said governing authority, shall provide for the proper administration of this exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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JOURNAL OF THE SENATE,

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that residents of the City of Jeffersonville who are 60 years of age
[ ] NO or over shall be granted a homestead exemption of $2,000.00 in 1981 and $4,000.00 thereafter from ad valorem taxation by said city?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro-' posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Horton

Langford

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.

TUESDAY FEBRUARY 12, 1980

1351

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 551. By Representatives Fuller of the 16th and Childers of the 15th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County; to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment; to provide for vacancies; to provide for the qualifications and compensation of said judge; and to provide that said judge may serve full time or part time; 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 I, Section II, Paragraph VII of the Constitution is hereby amended by adding at the end thereof a new unnumbered subparagraph 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 initial appointment and subsequent election of the judge of the juvenile court of Floyd County, to provide for the terms of said judge, and to shorten the term of such judge in office immediately prior to the effective date of this amendment, to provide for vacancies, to provide for the qualifications and compensation of said judge and to provide that said judge may serve full time or part time. The authority provided by this paragraph may be exercised by the General Assembly notwithstand ing any general law heretofore or hereafter enacted dealing with the sub ject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to Floyd County, 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the initial
[ ] NO appointment and subsequent election of the judge of the juvenile court of Floyd County, to provide for the terms of said judge and to shorten the term of such judge in office im mediately prior to the effective date of this amendment, to

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JOURNAL OF THE SENATE,

provide for vacancies, to provide for the qualifications and compensation of said judge, and to provide that said judge may serve full time or part time?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Horton

Langford

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

TUESDAY FEBRUARY 12, 1980

1353

HR 552. By Representatives Fuller of the 16th, Oldham of the 14th and Childers of the 15th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by local law to stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commis sioners in office in 1981 without the necessity of a referendum and to pro vide for terms of less than four years; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph VIII of the Constitution is hereby amended by adding at the end thereof a new unnumbered subparagraph to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly is hereby authorized by local law to stag ger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commissioners in office in 1981 without the necessity of a referendum and to provide for terms of less than four years. 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 Floyd County, 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly by local law to stagger the terms of the
[ ] NO commissioners of Floyd County and in so doing to shorten the terms of any such commissioners in office in 1981 with out the necessity of a referendum and to provide for terms of less than four years?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.

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JOURNAL OF THE SENATE,

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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 565. By Representative Edwards of the 110th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two, years of age or over from ad valorem taxes levied for school purposes in the Taylor County School District; 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 paragraph:

TUESDAY FEBRUARY 12, 1980

1355

"The homestead of each resident of the Taylor County School District who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income of all members of the family residing within said homestead, exceeding $10,000.00 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of county school district residents who are sixty-two years of age or older with income below cer tain limits. The exemption granted by this Paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall re main subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commis sioner of Taylor County giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this Paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall pro vide affidavit forms for this purpose. The exemption granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this Paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an ad ministrator, 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 and shall claim the exemptions granted by this Paragraph in the manner herein provided. The exemption provided for herein shall ap ply to all taxable years beginning after December 31, 1980. The General Assembly may provide by law for the proper administration of this ex emption including penalties necessary therefor."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two
[ ] NO years of age or over from ad valorem taxes levied for school purposes in the Taylor County School District?"

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All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Horton

Langford

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

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1357

HR 568. 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 provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of Lowndes County shall be exempt from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded in debtedness; to provide that the homestead, but not to exceed $ 10,000.00 of the value thereof, of each resident of Lowndes County who is 65 years of age or over shall be exempt from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Lowndes County actually oc cupied 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 $6,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bond ed indebtedness. The value of all property in excess of the foregoing ex emption shall remain subject to taxation. Said exemption shall be return ed and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Lowndes County who is 65 years of age or over is hereby granted an exemption from all Lowndes County ad valorem taxa tion for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $ 10,000.00 on a homestead own ed and occupied by him as a residence. The value of the residence in ex cess 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 commis sioner of Lowndes County, giving his age and such additional informa tion 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 provi sions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Once any such owner has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make ap plication 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

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he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper ad ministration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the homestead of each resident of Lowndes County, but not to
[ ] NO exceed $6,000.00 of the value thereof, and the homestead of each resident of Lowndes County who is 65 years of age or over, but not to exceed $ 10,000.00 of the value thereof, shall be exempt from all ad valorem taxes for county and school purposes, except to pay interest on and retire bonded in debtedness?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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

Bond

Broun of 46th

Brown of 47th

Bryant

Carter

Cobb

Coverdell

Dean

Eldridge

English

Evans

Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill
Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker
Wessels

TUESDAY FEBRUARY 12, 1980

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

1359

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 569. By Representatives Scott of the 123rd, Gignilliat of the 122nd, Battle of the 124th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury; 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 IX of the Constitution is hereby amended by adding at the end thereof the following:
"In addition to the jurisdiction heretofore vested in the Recorder's Court of Chatham County, said Court shall have jurisdiction to take and entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury. If the defendant should wish a trial by jury , the defendant shall notify the Court and, if reasonable cause ex ists, the defendant shall be bound over to a court having jurisdiction to try the offense wherein a jury may be empaneled."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain
[ ] NO pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."

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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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Horton

Langford

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 578. By Representative Vaughn of the 57th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt a certain amount of the assessed value of homesteads owned by certain persons in Rockdale County from ad valorem taxation for school purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Each resident of Rockdale County who is 65 years of age or older or who is totally disabled is hereby granted an exemption of $20,000.00 on his homestead from all ad valorem taxation levied for school purposes by Rockdale County so long as any such resident of Rockdale County actual ly occupies said homestead as a residence. There shall be no more than one $20,000.00 exemption per homestead. The value of the homestead in excess of the above-exempted amount shall remain subject to ad valorem taxation for school purposes by Rockdale County. The exemption provid ed for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that any resident of Rockdale County who is 65 years of age or older
[ ] NO or who is totally disabled shall be granted a homestead exemption of $20,000.00 from ad valorem taxation for school purposes by Rockdale County?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell

Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

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Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd

Land Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson Russell Scott

Those not voting were Senators:

Brantley Horton

Langford

Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 587. By Representative Kemp of the 139th:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the com position of the Liberty County Industrial Authority; to provide for other matters relative to the foregoing; to provide for 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 IX, Section IV, Paragraph III of the Constitution is hereby amended by striking in its entirety that certain language which was continued as a part of the Constitution pursuant to Article 'XIII, Section I, Paragraph II and which reads as follows:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of one member ap pointed by the governing authority of Liberty County, one member ap pointed by the governing authority of the City of Hinesville and one member to be appointed by the governing body of the Liberty County Chamber of Commerce, provided that no member may be an elected of ficial of the City of Hinesville or Liberty County. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the member ap pointed by the governing body of the Liberty County Chamber of Com merce shall serve a term of four years.",

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and substituting in lieu thereof the following:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of seven members as follows: one member appointed by the governing authority of Liberty County from each of the four road districts in the county; the chairman of the governing authority of Liberty County or, if he does not desire to serve, one additional member appointed by the governing authority of Liberty County; one member appointed by the governing authority of the City of Hinesville; and the mayor of the City of Hinesville or, if he does not desire to serve, one additional member appointed by the governing authority of the City of Hinesville. Each of the members appointed by the governing authority of Liberty County shall be appointed for a term of four years and until the appointment and qualification of his successor, except that, of the initial such appointments, one member shall be ap pointed for a term of one year, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years, and the remaining member or members shall be appointed for a term of four years. Each member appointed by the governing authority of the City of Hinesville shall serve a term which coincides with the term of of fice of the governing authority of the City of Hinesville. In addition to such other powers as may be provided by law, the authority may employ an executive director. No member of the authority may serve as executive director."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to change the [ j NO provisions relating to the membership of the Liberty County Industrial Authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Brantley Horton

Langford

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following bill of the House was read the first time and referred to committee:
HB 1458. By Representative Evans of the 84th: A bill to amend Code Chapter 91A-60, relating to specific business and oc cupation taxes, so as to clarify the authority of cities to license and tax businesses, trades, and professions licensed by the State.
Referred to Committee on Banking, Finance and Insurance.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 5:05 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 13, 1980

1365

Senate Chamber, Atlanta, Georgia Wednesday, February 13, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by the President.

Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1321. By Representative Bolster of the 30th:
A bill to amend the Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803), Section 1, approved April 13, 1972.

HB 1322. By Representative Bolster of the 30th:
A bill to amend the Act 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.

HB 1323. By Representative Bolster of the 30th:
A bill to amend an Act providing pensions for members of police depart ments in cities having a population of 300,000 or more according to United States Census of 1920.

HB 1324. By Representative Bolster of the 30th:
A bill to amend the Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial census of 1970 shall furnish pensions to officers and employees.

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HB 1325. By Representative Bolster of the 30th:
A bill to amend the Act providing a system of pensions and other benefits for member of paid fire departments in cities having a population of more than 300,000, as disclosed by the United States census of 1920.

HB 1326. By Representative Bolster of the 30th:
A bill to amend an Act providing pensions for members of police depart ments in cities having a population of 300,000 (Ga. Laws 1973, p. 2832) or more according to United States census of 1920.

HB 1424. By Representative Adams of the 36th:
A bill to amend an Act approved March 28, 1969, known as the "Develop ment Authorities Law", so as to provide for a per diem allowance for direc tors of development authorities in certain counties.

HB 1501. By Representative Marcus of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change the cost deposit requirements and the cost charged by the clerk and marshal of said court.

HB 1551. By Representative Marcus of the 26th:
A bill to authorize the governing authorities of certain counties of this state to appropriate money for, and to make grants or contributions to any cor poration, association, institution or individual for purely charitable pur poses conducted within such county.

HB 1646. By Representatives Robinson of the 58th, Johnston of the 56th, Elliott of the 49th and others: A bill to amend an Act providing for the compensation of certain county of ficers and officials of DeKalb County, so as to change the compensation of the Judge of the Probate Court.
HB 1650. By Representative Lord of the 105th: A bill to amend an Act incorporating the Town of Kite in the County Johnson, so as to change the number of members of the town council.
HB 1651. By Representative Lord of the 105th: A bill to amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the secretaries in the sheriff's office.

WEDNESDAY, FEBRUARY 13, 1980

1367

HB 1652. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to provide for the compensation and expenses of the Coroner of Clayton County; to provide for a deputy coroner and for his compensation.

HB 1653. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to repeal an Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the decennial census of 1970 or any future such census.

HB 1654. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the provisions relative to the compensation of the Chairman and other members of the Board of Commissioners.

HB 1655. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said of ficer.

HB 1656. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

HB 1657. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.

HB 1658. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court; to change the provisions relative to the compensation of the solicitor of said court.

HB 1659. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the State salary of said judges.

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HB 1660. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act providing for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

HB 1661. By Representative Chance of the 129th:
A bill to place the coroner of Effingham County on a salary in lieu of the fee system of compensation.

HB 1662. By Representative Chance of the 129th:
A bill to amend an Act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall consist of five commissioners.

HB 1663. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.

HB 1673. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Board of Commissioners for Troup Coun ty, so as to change certain provisions relating to compensation.

HB 1678. By Representatives Nix of the 20th, Kaley and Wilson of the 19th and others:
A bill to amend an Act creating an office of magistrate for the State Court of the Cobb County, so as to authorize the appointment of a magistrate pro hac vice.

HB 1680. By Representatives Padgett of the 86th, Cheeks of the 89th, Daniel of the 88th and others:
A bill to amend an Act creating the civil court of Richmond County, so as to change who shall conduct certain sales.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 624. By Representatives Steinberg of the 46th, Vandiford of the 53rd, Mangum of the 56th and others: A resolution proposing an amendment to the Constitution so as to grant jurisdiction to the Recorder's Court of DeKalb County to try and dispose of

WEDNESDAY, FEBRUARY 13, 1980

1369

all offenses and offenders against any ordinance of DeKalb County controll ing animals, including such offenses which occur within that portion of the corporate limits of the City of Atlanta lying within DeKalb County.

HR 643. By Representatives Dover of the 11 th, Twiggs and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of White County and White County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be increased to $ 10,000.00.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 511. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. p. 4144), so as to change the salary provisions relating to said county officer; to provide an effective date.

SB 512. By Senator Walker of the 19th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Ga. Laws 1931, p. 566), as amended, so as to change the compensa tion of said commissioner.

SB 513. By Senator Walker of the 19th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Talfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4148), as amended, so as to change the salary of the judge of the probate court.

SB 514. By Senator Walker of the 19th: A bill to amend an Act creating the office of tax commissioner of Telfair County, approved Dec. 29, 1937 (Ga. Laws 1937-38; Ex. Sess. p. 892), as amended, so as to change the salary of said tax commissioner.
The House has agreed to the Senate amendment to the following bill of the House:

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JOURNAL OF THE SENATE,

HB 1180. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act comprehensively revising the laws relating to sub poenas and other like processes and providing for the attendance of witnesses and the fees thereof, so as to provide for the amount to be allotted per mile for traveling expenses for witnesses.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 1155. By Representatives Lambert of the 112th, Hatcher of the 131st, Vandiford of the 53rd and others:
A bill to amend Code Section 79A-811, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for certain violations thereof.

HB 1156. By Representatives Lambert of the 112th, Hatcher of the 131st, Vandiford of the 53rd and others:
A bill to amend Code Section 26-3004, relating to exemptions of law en forcement officers from the provisions of Code Chapter 26-30, relating to in vasions of privacy, so as to make any crime involving marijuana a crime which will authorize an investigation warrant.

The House has disagreed to the Senate substitute to the following bill of the House:
HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide con version privileges for insured former spouses.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 397. By Representatives Horton of the 43rd, McDonald of the 12th, Harrison and Isakson of the 20th and others:
A bill to amend Code Title 35, relating to eleemosynary institutions so as to create a new Code Chapter providing for the regulation of professional fund raising; to provide for the registration of charitable organizations; to exempt certain persons.

HB 708. By Representatives Buck of the 95th and Williamson of the 45th:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly installments, so as to change the legal rate of interest.

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1371

HB 1135. By Representatives Culpepper of the 98th, Williamson of the 45th, Snow of the 1st and others:
A bill to amend Code Title 91 A, relating to public revenue, so as to provide for collection of debts owed to the state by set-off of such debts against in dividual income tax employee refunds.
HB 1260. By Representatives Evans of the 84th, Ross of the 76th, Childs of the 51st and others:
A bill to amend an Act known as the "Development Authorities Law", so as to change the definition of the word "project" to include certain skilled nur sing home and intermediate care home facilities.

HB 1500. By Representatives Childs of the 51st, Collins of the 144th, Williamson of the 45th and others:
A bill to amend Code Chapter 56-13, relating to fees and taxes imposed upon insurance companies, so as to change the provisions relative to state preemption of the field of imposing taxes upon life insurance companies, their agents, and other representatives.

HB 1543. By Representatives Murphy of the 18th and Thompson of the 93rd:
A bill to amend an Act known as the "Statewide Probation Act", so as to change the mandatory review of persons on probated sentences of more than two years to a discretionary review.
HB 1575. By Representative Johnson of the 72nd:
A bill to amend an Act prohibiting certain practices in connection with real estate transactions, so as to provide that loans made or by an employer to an employee as an employment benefit on or secured by real property shall not be covered or controlled by said Act.

HB 1672. By Representative Murphy of the 18th:
A bill to amend an Act authorizing the Secretary of State to employ a per son or persons to compile the Acts and Resolutions of the General Assembly, so as to change the maximum amount to be paid to such person or persons.

The House had adopted by the requisite constitutional majority the following resolution of the House:
HR 563. By Representatives Childs of the 51st, Collins of the 144th, Williamson of the 45th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for forms of taxation only within the unincorporated areas of counties or for forms of taxation that distinguish between the unincorporated and incorporated areas of counties.

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The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 277. By Representatives Buck of the 95th and Thompson of the 93rd:
A bill to amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt so as to provide that no future extension of credit shall be secured by virtue of an "open-end" clause if the real estate which is subject to such "open-end" clause has been transferred by the grantor of the instrument containing such clause and such transfer has been recorded.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 616. By Representatives Castleberry of the 111th, Phillips of the 59th, Burruss of the 21st and others:
A bill to create, provide, and require a comprehensive uniform, Statewide system for gathering information to be used as a basis for more uniform tax ation of tangible personal property within this State; to amend Code Chapter 91 A-14, relating to the uniform property tax administration, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 486. By Representatives Murphy of the 18th, Connell of the 87th, Snow of the 1st and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1980.

The House has agreed to the Senate amendment to House amendment #5 to the following resolution of the Senate:
SR 247. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an instrumentali ty of the State of Georgia to be known as the Gwinnett Judicial Building Authority; to provide for the submission of this amendment for ratification or rejection.

The House has passed by the requisite constitutional majority the following bill of the House:

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1373

HB 1686. By Representatives Burruss of the 21st, Wilson and Kaley of the 19th and others:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for referenda requirements pertain ing to further participation by Cobb County in the Authority.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1596. By Representative Kemp of the 139th:
A bill to provide for the election of members of the board of education of Mclntosh County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 593. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to change the provisions relating to the compensation of certain State employees contracting tuberculosis or infectious hepatitis; to provide for other matters relative to the foregoing.
Referred to Committee on Governmental Operations.

SB 594. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act abolishing the fee system mode of compensating the clerk of the Superior Court and the judge of the Probate Court of Glynn County and placing said officers on an annual salary, as amended, so as to change the yearly cost-of-living increase.
Referred to Committee on Community Affairs.

SB 595. By Senator Wessels of the 2nd:
A bill to amend Code Section 56-522.1, relating to the filing by insurers of rates, rating plans, rating systems, and underwriting rules, as amended, so as to provide that workers' compensation insurers must file their rates, rating plans, rating systems, underwriting rules, and policy or bond forms used or proposed to be used by them.
Referred to Committee on Banking, Finance and Insurance.

SB 596. By Senator Kennedy of the 4th:
A bill to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977" so as to authorize inactive status licenses under certain cir cumstances; to provide for an extension of time for compliance with certain requirements; to provide for other matters relative to the foregoing.
Referred to Committee on Judiciary.

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SB 597. By Senator Walker of the 19th:
A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, as amended, so as to vest fee simple title of certain city streets and alleys in the City of Helena. Referred to Committee on Community Affairs.

SR 341. By Senators Hudson of the 35th, Hudgins of the 15th, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide for the exemption of military retirement pay from the taxes imposed by the State income tax laws of the State; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 342. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of Fulton County to establish rules and regulations to provide an annual cost-of-living increase for certain former officers and employees of Fulton County who retired prior to January 1, 1964; to provide for the submission of this amendment for ratification or re jection.
Referred to Committee on Community Affairs.

SR 343. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty 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 validation thereof; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Community Affairs.
The following bills and resolutions of the House were read the first time and refer red to committees:
HB 397. By Representatives Horton of the 43rd, McDonald of the 12th, Harrison of the 20th and others:
A bill to amend Code Title 35, relating to eleemosynary institutions so as to create a new Code Chapter providing for the regulation of professional fund raising; to provide for the registration of charitable organizations; to exempt certain persons. Referred to Committee on Consumer Affairs.

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1375

HB 616. By Representatives Castleberry of the 111th, Phillips of the 59th, Burruss of the 21st and others:
A bill to create, provide, and require a comprehensive uniform, Statewide system for gathering information to be used as the basis for more uniform taxation of tangible personal property within this State; to amend Code Chapter 91A-14, relating to the uniform property tax administration, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code.
Referred to Committee on Banking, Finance and Insurance.

HB 708. By Representatives Buck of the 95th and Williamson of the 45th:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly installments, so as to change the legal rate of interest. Referred to Committee on Banking, Finance and Insurance.

HB 1135. By Representatives Culpepper of the 98th, Williamson of the 45th, Snow of the 1st and others:
A bill to amend Code Title 91 A, relating to public revenue, so as to provide for collection of debts owed to the state by set-off of such debts against in dividual income tax employee refunds.
Referred to Committee on Judiciary.

HB 1260. By Representatives Evans of the 84th, Ross of the 76th, Childs of the 51st and others:
A bill to amend an Act known as the "Development Authorities Law", so as to change the definition of the word "project" to include certain skilled nur sing home and intermediate care home facilities.
Referred to Committee on Industry, Labor and Tourism.

HB 1500. By Representatives Childs of the 51st, Collins of the 144th, Williamson of the 45th and others:
A bill to amend Code Chapter 56-13, relating to fees and taxes imposed upon insurance companies, so as to change the provisions relative to state preemption of the field of imposing taxes upon life insurance companies, their agents, and other representatives.
Referred to Committee on Banking, Finance and Insurance.

HB 1543. By Representatives Murphy of the 18th and Thompson of the 93rd:
A bill to amend an Act known as the "Statewide Probation Act", so as to change the mandatory review of persons on probated sentences of more than two years to a discretionary review. Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE,

HB 1575. By Representative Johnson of the 72nd:
A bill to amend an Act prohibiting certain practices in connection with real estate transactions, so as to provide that loans made or by an employer to an employee as an employment benefit on or secured by real property shall not be covered or controlled by said Act.
Referred to Committee on Judiciary.

HB 1672. By Representative Murphy of the 18th:
A bill to amend an Act authorizing the Secretary of State to employ a person or persons to compile the Acts and Resolutions of the General Assembly, so as to change the maximum amount to be paid to such person or persons. Referred to Committee on Governmental Operations.

HB 1686. By Representatives Burruss of the 21st, Wilson and Kaley of the 19th and others:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for referenda requirements pertain ing to further participation by Cobb County in the Authority.
Referred to Committee on Community Affairs.

HB 1321. By Representative Bolster of the 30th:
A bill to amend the Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Georgia Laws 1972, p. 3803), Section 1, approved April 13, 1972. Referred to Committee on Community Affairs.

HB 1322. By Representative Bolster of the 30th:
A bill to amend the Act 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. Referred to Committee on Community Affairs.

HB 1323. By Representative Bolster of the 30th: A bill to amend an Act providing pensions for members of police depart ments in cities having a population of 300,000 or more according to United States Census of 1920.
Referred to Committe on Community Affairs.
HB 1324. By Representative Bolster of the 30th: A bill to amend the Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Georgia Laws

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1377

1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial Census of 1970 shall furnish pensions to officers and employees.
Referred to Committee on Community Affairs.

HB 1325. By Representative Bolster of the 30th:
A bill to amend the Act 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. Referred to Committee on Community Affairs.

HB 1326. By Representative Bolster of the 30th:
A bill to amend an Act providing pensions for members of police depart ments in cities having a population of 300,000 (Georgia Laws 1973, p. 2832) or more according to United States Census of 1920. Referred to Committee on Communitv Affairs.

HB 1424. By Representative Adams on the 36th:
A bill to amend an Act approved March 28, 1969, known as the "Develop ment Authorities Law", so as to provide for a per diem allowance for direc tors of development authorities in certain counties. Referred to Committee on Community Affairs.

HB 1501. By Representative Marcus of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change the cost deposit requirements and the cost charged by the clerk and marshal of said court.
Referred to Committee on Community Affairs.

HB 1551. By Representative Marcus of the 26th:
A bill to authorize the governing authorities of certain counties of this state to appropriate money for, and to make grants or contributions to any cor poration, association, institution or individual for purely charitable pur poses conducted within such county.
Referred to Committee on Community Affairs.

HB 1646. By Representatives Robinson of the 58th, Johnston of the 56th, Elliott of the 49th and others:
A bill to amend an Act providing for the compensation of certain county of ficers and officials of DeKalb County, so as to change the compensation of the Judge of the Probate Court.
Referred to Committee on Community Affairs.

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HB 1650. By Representative Lord of the 105th:
A bill to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of members of the town council. Referred to Committee on Community Affairs.

HB 1651. By Representative Lord of the 105th:
A bill to amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the secretaries in the sheriff's office. Referred to Committee on Community Affairs.

HB 1652. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to provide for the compensation and expenses of the Coroner of Clayton County; to provide for a deputy coroner and for his compensation. Referred to Committee on Community Affairs.

HB 1653. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to repeal an Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,00p and not more than 140,000 according to the United States decennial census of 1970 or any future such census.
Referred to Committee on Community Affairs.

HB 1654. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the provisions relative to the compensation of the Chairman and other members of the Board of Commissioners. Referred to Committee on Community Affairs.

HB 1655. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said of ficer. Referred to Committee on Community Affairs.
HB 1656. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner. Referred to Committee on Community Affairs.

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1379

HB 1657. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers. Referred to Committee on Community Affairs.

HB 1658. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court; to change the provisions relative to the compensation of the solicitor of said court.
Referred to Committee on Community Affairs.

HB 1659. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the State salary of said judges. Referred to Committee on Community Affairs.

HB 1660. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act providing for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement. Referred to Committee on Community Affairs.

HB 1661. By Representative Chance of the 129th:
A bill to place the coroner of Effingham County on a salary in lieu of the fee system of compensation. Referred to Committee on Community Affairs.

HB 1662. By Representative Chance of the 129th:
A bill to amend an Act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall consist of five commissioners.
Referred to Committee on Community Affairs.

HB 1663. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court. Referred to Committee on Community Affairs.

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HB 1673. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Board of Commissioners for Troup Coun ty, so as to change certain provisions relating to compensation. Referred to Committee on Community Affairs.

HB 1678. By Representatives Nix of the 20th, Kaley, Cooper and Wilson of the 19th and others:
A bill to amend an Act creating an office of magistrate for the State Court of Cobb County, so as to authorize the appointment of a magistrate pro hac vice. Referred to Committee on Community Affairs.
HB 1680. By Representatives Padgett of the 86th, Cheeks of the 89th, Daniel of the 88th and Dent of the 85th:
A bill to amend an Act creating the civil court of Richmond County, so as to change who shall conduct certain sales. Referred to Committee on Community Affairs.

HR 486. By Representatives Murphy of the 18th, Connell of the>87th, Snow of the 1st and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1980. Referred to Committee on Judiciary.
HR 563. By Representatives Child of the 51st, Collins of the 144th, Williamson of the 45th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for forms of taxation only within the unincorporated areas of counties or for forms of taxation that distinguish between the unincorporated and incorporated areas of counties. Referred to Committee on Banking, Finance and Insurance.

HR 624. By Representatives Steinberg of the 46th, Vandiford of the 53rd, Mangum of the 56th and others:
A resolution proposing an amendment to the Constitution so as to grant jurisdiction to the Recorder's Court of DeKalb County to try and dispose of all offenses and offenders against any ordinance of DeKalb County control ling animals, including such offenses which occur within that portion of the corporate limits of the City of Atlanta lying within DeKalb County.
Referred to Committee on Community Affairs.

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1381

HR 643. By Representatives Dover of the 11 th, Twiggs and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of White County and White County School District ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be increased to $ 10,000.00
Referred to Committee on Community 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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 579. Do pass as amended. HB 1390. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 561. Do pass by substitute.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 592. Do pass.

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SR 338. Do pass. HB 1292. Do pass. HB 1305. Do pass. HB 1411. Dopass. HB 1412. Dopass. HB 1496. Dopass. HB 1632. Dopass. HB 1636. Dopass. SR 314. Dopass. HR 516. Do pass by substitute.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 398. Do pass by substitute. HB 1471. Dopass. HB 1473. Dopass. HB 1474. Dopass. HB 1475. Dopass. HR 313. Do pass by substitute.
Repectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President: Your Committee on Defense and Veterans Affairs has had under consideration the

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1383

following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 584. Do pass. Mr. President:

Respectfully submitted, Senator Hudson of the 35th District, Chairman

Your Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 587. Do pass. SR 325. Do pass. HB 1191. Do pass. HB 1192. Do pass. HB 1407. Do pass. HB 1408. Do pass. HB 1449. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 456. Do pass by substitute. SB 541. Do pass. SB 580. Do pass by substitute. HB 1057. Do pass as amended. HB 1099. Do pass. HB 1423. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

1384 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Industry, Labor and Tourism has had under consideration the following bills of the Senate and House and had instructed me to report the same back to the Senate with the following recommendations:
SB 553. Do pass. SB 575. Do pass as amended. HB 1212. Do pass by substitute. HB 1345. Do 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 157. Do pass. SB 298. Do pass. SB 352. Do pass. SB 441. Do pass. SB 505. Do not pass. SB 506. Do pass. HB 1100. Do pass. HB 1146. Do pass by substitute. HR 483. Do pass.

Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President: Your Committee on Natural Resources and Environmental Quality has had under

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1385

consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 1499. Do pass. HB 1601. Do pass. SB 562.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 339. Do pass. HR 576. Do pass.

Mr. President:

Respectfully submitted, Senator Brown of the 47th District, Chairman

Your Committee on Retirement has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 477. Do pass. SB 459. Do pass by substitute. SB 353. Do pass by substitute.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:

Your Committee on Rules has had under consideration the following resolutions of

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JOURNAL OF THE SENATE,

the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:

SR 304. Do pass. SR 331. Do pass. SR 340. Do pass.
Mr. President:

Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Your Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 395. Do pass. SB 528. Do pass. SB 563. Do pass. SB 534. Do pass by substitute. SB 588. Do pass. SB 589. Do pass. SB 590. Do pass.

Mr. President:

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1249. Do pass as amended. HB 1409. Do pass by substitute. HB 780. Do pass as amended.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

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1387

The following bills and resolutions of the Senate and House were read the second time:

SB 519. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to create an Advisory Council for Probation; to provide for the com position and responsibilities of the council; to provide that the council shall advise with the Board of Offender Rehabilitation and the Department of Of fender Rehabilitation on matters of policy, personnel, and budget which af fect probationary services.

SB 529. By Senators Johnson of the 34th, Barnes of the 33rd, Ballard of the 45th and others:
A bill to amend an Act known as the "Georgia Civil Practice Act" so as to provide that in state courts the rules concerning waiver of jury trials and the time for demand for jury trials shall be governed by the local Act creating such courts.

SB 530. By Senators Johnson of the 34th, Barnes of the 33rd, Ballard of the 45th and others:
A bill to amend an Act to provide for the practice and procedure of certain courts which are below the Superior Court level, as amended, so as to pro vide that rules concerning waiver of jury trial and the time for the demand of jury trial shall be governed by the local Act creating such courts.

SB 574. By Senators Paulk of the 13th and Walker of the 19th:
A bill to add one additional Judge of the Superior Court for the Cordele Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the elec tion of the successors of the judge initially appointed.

SB 577. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others:
A bill to amend Code Chapter 26-28, relating to malicious mischief offenses, as amended, so as to make it unlawful for any person, without the express permission of the owner or lessee of an animal, to remove a collar, tag, tat too, or any identification attached to or imprinted on an animal for the pur poses of identification.

SB 578. By Senators Foster of the 50th, Greene of the 26th, Bond of the 39th and others:
A bill to amend Code Title 35, relating to eleemosynary institutions, as amended, so as to create a new Code Chapter providing for the regulation of professional fund raising; to define certain terms; to provide for registration of charitable organizations, professional fund raisers and professional solicitors.

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JOURNAL OF THE SENATE,

SB 582. By Senators Starr of the 44th, Gillis of the 20th and Howard of the 42nd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, as amended, so as to differentiate between habitual offenders and others for the purposes of awarding earned time.

SR 293. By Senators Evans of the 37th, English of the 21st, Walker of the 19th and others:
A resolution authorizing and directing the Commissioner of the Department of Agriculture, the Commissioner of the Department of Community Affairs and the Commissioner of the Department of Industry and Trade to conduct a joint study of the loss of prime farmland in Georgia and actions the State might take to preserve farmland.

SR 307. By Senator Tate of the 38th:
A resolution proposing an amendment to the Constitution so as to direct the Board of Regents to establish a program which permits teachers certificated in the state to enroll under certain circumstances in courses offered by the University System of Georgia without charge; to provide limitations; to pro vide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.

SR 321. By Senators Tysinger of the 41st, Reynolds of the 48th and Brown of the 47th:
A resolution authorizing the amendment of that certain "Amendment to Leases" ("Consolidated Lease") entered into on April 25, 1974, by and be tween the State of Georgia and Consolidated Atlanta Properties, Ltd; to modify certain provisions relating to removal or demolishment of Special Improvements; modifying certain provisions relating to time limits for the repair or replacement of damaged or destroyed buildings and the priority among defined leasehold mortgagees and further specifies certain property descriptions and applicability of the involved Amended Lease to designated successors and assigns.

SR 33 2. By Senator Fincher of the 54th:
A resolution proposing an amendment to the Constitution so as to increase to $6,000.00 the amount of the homestead exemption from county taxes for residents of Murray County who are 65 years of age or over; to provide for the submission of this amendment for ratification or rejection.

HB 957. By Representative Coleman of the 118th:
A bill to amend Code Section 89-308, relating to officers before whom oaths of deputies are taken, so as to permit a deputy sheriff to take his oaths before the sheriff.

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1389

HB 1079. By Representatives Logan of the 62nd, Gignilliat of the 122nd, Murphy of the 18th and others:
A bill to provide for a program of scholarships to attend North Georgia Col lege.

HB 1083. By Representatives Lee of the 72nd, Benefield of the 72nd, Wood of the 72nd and Johnson of the 72nd:
A bill to amend Code Chapter 91A-60, relating to specific, business and oc cupation taxes, so as to prohibit municipalities from imposing certain oc cupational, income and payroll taxes.

HB 1107. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.

HB 1108. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.

HB 1147. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for circumstances under which the district attorney should be notified when certain children are taken into custody.

HB 1150. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Title 38, relating to evidence, so as to provide for the taking and use of depositions in criminal proceedings; to provide for notice; to provide for counsel; to provide for costs.

HB 1165. By Representative Ham of the 80th:
A bill to amend Code Chapter 58-8, relating to regulation and taxation of wine, so as to authorize the issuance of a license for the manufacture in this state and the wholesale and retail sale in this state of wine by certain per sons.

HB 1193. By Representatives Williams of the 6th, Johnson of the 74th, Burruss of the 21st and others:
A bill to amend an Act known as the "Revenue Bond Law", so as to define the term "revenue".

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HB 1207. By Representatives Rainey of the 135th, Hays of the 1st, Peters of the 2nd and Twiggs of the 4th:
A bill to amend Code Title 45, known as the "Game and Fish Code," so as to provide new length limits for the taking or possession of largemouth bass and to authorize the Board of Natural Resources to establish exceptions to said length limits.

HB 1256. By Representatives Colwell of the 4th, Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", so as to constitute, ex officio, the State Board of Offender Rehabilitation as the Georgia Correctional Industries Administration.

HB 1432. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th:
A bill to amend an Act creating a Department of Natural Resources, so as to abolish the "State Park Fund" and repeal the provisions relating thereto.

HR 482. By Representatives Lawson, Wood and Jackson of the 9th:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Hall County.

HR 542. By Representatives Bostick and Veazey of the 146th:
A resolution authorizing the conveyance of certain State-owned real prop erty located in Tift County.

HR 582. By Representative Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by certain residents of Ben Hill County.

HR 591. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Dalton who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per an num, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said city.

HR 592. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Dalton Development Authority.

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1391

SB 583. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act reincorporating the City of Marietta so as to change the corporate limits; to provide an effective date.

HB 1285. By Representatives Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court in certain counties in this State; so as to provide for certain fees and costs charged in said court.

HB 1521. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the salary of the judge and of the solicitor.

HB 1598. By Representatives Milford of the 13th, Russell of the 64th, Clark and Mann of the 13th:
A bill to create the Oconee County Public Utility Authority and to authorize such Authority to acquire, consturct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and the construction, maintenance and operation of sewerage treat ment facilities and other related facilities to individuals, public and private corporations and municipal corporations.

HB 1600. By Representative Ramsey of the 3rd: A bill to create the Murray County Water and Sewer Authority.

HB 1602. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act changing the compensation of the recorder of the Ci ty of Dalton, so as to change the compensation of the recorder.

HB 1608. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a small claims court for Jefferson Coun ty, so as to change certain provisions relating to jurisdiction of the court and fees of the bailiff or sheriff.

HB 1609. By Representatives Bargeron of the 83rd and Nessmith of the 82nd:
A bill to amend an Act to provide a maximum salary for the coroner of Burke County, so as to change the compensation of the coroner.

HB 1615. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating a small claims court for Spalding County, so as to change certain fees and costs.

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HB 1616. By Representatives Fortune and Mostiler of the 71st:
A bill to amend an Act creating the State Court of Spalding County, so as to change the terms of said court; to provide for six-man juries and procedure related thereto.

HB 1620. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating the office of treasurer of Laurens County, by abolishing the office of county treasurer of Laurens County, Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Coverdell Eldridge

Howard Stumbaugh

Summers (hospitalized)

Senator Allgood of the 22nd introduced the chaplain of the day, Rabbi Maynard C. Hyman, spiritual leader of the Adas Yeshurun Synagogue, who offered Scripture reading and prayer.

The following resolutions of the Senate were read and adopted:
SR 344. By Senators Overby of the 49th, Kennedy of the 4th and Wessels of the 2nd and others: A resolution commending Mr. Cody Marshall.

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SR 345. By Senator Kennedy of the 4th: A resolution commending Dr. Emory Bohler.

SR 346. By Senator Kennedy of the 4th:
A resolution urging the Georgia Department of Human Resources to establish a state-wide program of scoliosis screening clinics.

SENATE RULES CALENDAR
Wednesday, February 13, 1980
TWENTY-NINTH LEGISLATIVE DAY
SB 289. Admission to Common Schools--tuition fees certain instances (SUBSTITUTE) (H Ed--43rd)
SB 345. State Purchase of Goods, Services--non-profit associations (Gov Op-25th)
SB 420. Opening and Closing of Polls--governing authority of city adjust time (Gov Op--17th)
SB 457. Persons 60 Years Old and Older--program of transportation (SUBSTITUTE) (Hum R-35th)
SB 489. Juvenile Court Code--certain act by adult "designated felony acts" (SUBSTITUTE)(Judy-6th)
SB 503. Life Sentence--eligible for parole after 10 years (Off R--23rd)
SB 504. Traffic Cases--minutes of proceedings not necessary (Judy--51st)
SB 509. Compulsory School Attendance--change provisions on school year (SUBSTITUTE)(Ed-55th)
SB 536. Board of Physical Therapy--add consumer member (AMENDMENT) (Gov Op--52nd)
SB 538. Striking Unattended Vehicles--penalty failure to comply with provisions (Trns--21st)
SB 539. Family Practice Residency Training Programs--change provisions on standards. (Hum R-21st)
SB 566. Board of Registration for Professional Soil Classifiers--continue until 7/1/84 (Ag--24th)
SB 568. Structural Pest Control Commission--continue until 7/1/84 (Ag-24th)
SR 177. Fraudulent Check Study Committee--create (AMENDMENT) (BF&I-36th)
SR 275. Loans to Certain Small Businesses--General Assembly provide program (AMENDMENT) (IL&Tou--37th)
HB 50. Employees' Retirement--credit for service as county employee (SUBSTITUTE) (Ret-43rd)

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HB 327. Sheriffs' Retirement--credit for certain other services (SUBSTITUTE) (Ret--28th)
HB 387. City-County Refunds--approval, disapproval of claims (CA-G--5th)
HB 463. Public School Employees' Health Insurance Plan--change definition (Ed--53rd)
HB 655. Misconduct of Jailers--conditions of liability of sheriff (SUBSTITUTE) (S Judy-34th)
HB 656. Sheriff's Bond-conditions of liability (SUBSTITUTE) (S Judy-34th)
HB 1131. Alcohol, Drug Dependent, Mentally 111--petitions for release (S Judy 33rd)
HB 1370. Burglary--change provisions on definitions (AMENDMENT) (S Judy--22nd)
HB 1391. Home Health Agencies--licensure (SUBSTITUTE/AMENDMENT) (Hum R--25th)
HB 1422. Board of Psychologists--add consumer member, provide for appointment (AMENDMENT) (Hum R--42nd)
HB 1455. Bank Holding Company--acquisition of bank shares and assets (BF&I--22nd)
Respectfully submitted,
Is/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the Senate, having been favorably reported by the committee, read the third time on March 1, 1979, and committed to the Committee on Higher Education and favorably reported by the committee, was put upon its passage:
SB 289. By Senators Scott of the 43rd and Broun of the 46th: A bill to amend Code Section 32-937, relating to admissions to the common schools of this State, as amended, so as to provide for tuition fees in certain instances; to provide for a determination of the amount of these fees; to pro vide for the use of the monies collected; to provide for rules and regulations.
The Senate Committee on Higher Education offered the following substitute to SB 289:
A BILL
To be entitled an Act to amend Code Section 32-937, relating to admis sions to the common schools of this State, as amended, so as to provide for tuition fees in certain instances; to clarify the ages during which children shall have gratuitous admissions; to provide for a determination of the

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amount of these fees; to provide for the use of the monies collected; to pro vide for rules and regulations; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-937, relating to admissions to the common schools of this State, as amended, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 32-937 to read as follows:
"32-937. (a) Admissions to all common schools shall be gratuitous to all children aged not less than six and not more than 18 years residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to re quire the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State. The board of education of any county, city or independent school district is hereby authorized to promulgate rules and regulations concerning the right of married students to attend the common schools of this State.
(b) (1) Each postsecondary area vocational-technical school which is operated by a local or area board of education or by the state Board of Education is hereby authorized and directed to require the payment of fees for tuition by all students nineteen years or older who attend such schools. The amount of the tuition fee shall be determined by the State Board of Education, but for each full-time resident student the quarterly tuition fee shall not be more than $100.00. Provided, however, that the tuition fee for full-time nonresident students shall be twice the amount paid by full-time resident students. The State Board of Education shall provide for reduced tuition fees for part-time students.
(2) All money collected under paragraph (1) by postsecondary area vocational-technical schools shall be retained by the board of education responsible for operating said school. The money collected shall be used exclusively for the maintenance and operation of said school.
(3) The tuition fees required by paragraph (1) shall commence begin ning with the fall quarter 1980, and the State Board of Education shall not reduce the State appropriation of funds to any postsecondary area vocational-technical school due to the receipt of said tuition fees.
(4) The State Board of Education is authorized and directed to pro mulgate such rules and regulations as are necessary to implement the provisions of this Code Section.
(5) Any other provisions of this Section to the contrary notwithstanding, it shall be the policy of the State Board of Education that no student who is financially unable to pay the tuition fees provided for herein shall be deprived of an opportunity for an education at any in stitution covered by this Section, and the State Board shall adopt a policy excepting such students from the tuition requirements established by this Section."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Paulk of the 13th offered the following amendment:

Amend the substitute to SB 289 offered by the Senate Committee on Higher Education by inserting on line 17 of Page 2, after the word and sym bol "students.", the words:
"Provided, however, that 'resident student' shall refer to residents of the State of Georgia."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldrtdge English

Evans Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Langford Lester Littlefield Overby

Voting in the negative were Senators Kidd and McGill.

Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Coverdell Fincher of 54th Holloway (excused conferee)

Johnson Land Russell

Stumbaugh Summers Walker

On the adoption of the amendment, the yeas were 44, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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1397

On 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 Broun of 46th Brown of 47th Bryant Carter Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy

Kidd Langford Lester Overby Reynolds Riley Scott Stephens Tate Tysinger Wessels

Those voting in the negative were Senators:

Ballard Cobb Dean Hill

Littlefield McGill Paulk Robinson

Those not voting were Senators:

Coverdell Holloway (excused conferee)

Land Russell Starr

Sutton Thompson Timmons Turner
Stumbaugh Summers Walker

On the passage of the bill, the yeas were 35, nays 12.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Dean of the 31st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 289.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

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HB 657. By Representatives Wood of the 72nd and Martin of the 60th:
A bill to amend an Act known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to strike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount; to prevent an additional ten percent tax increase to all employers effective January 1, 1980; to repeal conflicting laws.
The House has disagreed to the Senate substitute to the following resolution of the House:
HR 510. By Representatives Greene and Moody of the 138th:
A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is ex empt from county taxes, from $2,000.00 to $10,000.00.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 345. By Senator Kidd of the 25th:
A bill to amend an Act providing the procedures for the purchase of sup plies, materials, services, and equipment for the needs of the various state departments and agencies, as amended, so as to allow the Department of Ad ministrative Services to contract directly for the purchase of goods, wares, merchandise, and services with non-profit cooperative buying associations.

Senator Robinson of the 27th offered the following substitute to SB 345:
A BILL
To be entitled an Act to amend an Act providing the procedures for the purchase of supplies, materials, services, and equipment for the needs of the various state departments and agencies, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 752), so as to provide for bids by nonprofit cooperative buying associations; to provide for additional consideration concerning such associations; to define certain terms; 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. An Act providing the procedures for the purchase of sup plies, materials, services, and equipment for the needs of the various state departments and agencies, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 752), is hereby'amended by adding at the end of Section 6 the following:
"Nonprofit cooperative buying associations shall be authorized to submit bids to the Department of Administrative Services relative to the

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purchase of supplies, materials, services, and equipment. The depart ment shall treat and consider such bids in the same manner as other bids; provided, however, that, when considering such bids, the department shall also give consideration to the rebates or discounts offered in the bid.
For the purposes of this section, 'nonprofit cooperative buying association' refers to an organization of manufacturers, suppliers, or pro ducers of goods, wares, merchandise, or services formed for the common purpose of facilitating the sale or distribution of the respective goods, wares, merchandise, or services of each and having an exempt status under the provisions of Section 401, Section 501(c), Section 501(d), Sec tion 501(e), or Section 664 of the United States Internal Revenue Code of 1954, as amended."
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, 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 Bond Brown of 47th Bryant Carter Cobb English Evans Fincher of 52nd Greene

Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester

Littlefield McGill Paulk Robinson Russell Starr Stephens Tate Timmons Turner

Those voting in the negative were Senators:

Ballard Barnes Brantley Dean Eldridge

Foster Gillis Johnson Overby Reynolds

Scott Sutton Thompson Tysinger Walker

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Those not voting were Senators:

Barker Bell Broun of 46th (excused conferee)

Coverdell Fincher of 54th Hudgins Riley (excused conferee)

On the passage of the bill, the yeas were 30, nays 15.

Stumbaugh Summers Wessels

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 House action thereon:

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide con version privileges for insured former spouses.
Senator Greene of the 26th moved that the Senate insist upon the Senate substitute toHB 1251.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1251.
The following general bills and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 420. By Senator Horton of the 17th: A bill to amend Code Section 34A-1204, relating to the time for opening and closing of polls for municipal elections, as amended, so as to provide that the governing authority of any municipality may adjust the time for opening and the time for closing polls or either or both by not more than one hour earlier or later so long as the polls remain open continuously for a period of not less than 12 hours.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 1980

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Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Bryant
Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Foster Gillis Greene Hill Horton Howard
Hudson Johnson Kennedy
Kidd Land Langford Lester McGill Overby Paulk

Those not voting were Senators:

Allgood Coverdell Fincher of 54th

Holloway (excused conferee) Hudgins

Reynolds Riley Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Littlefield Stumbaugh Summers

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 457. By Senators Hudson of the 35th and Stephens of the 36th: A bill to create the Office of Aging of the Department of Human Resources so as to establish a program of transportation for persons 60 years of age or older and for the handicapped; to provide for said office to coordinate pro grams with other agencies and departments of state government.

The Senate Committee on Human Resources offered the following substitute to SB 457:

A BILL
To be entitled an Act to statutorily establish the Aging Section in the Department of Human Resources; to provide for transportation plans for the delivery of certain services and provide for the submission thereof; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the legislature recognizes that the average physically han dicapped person has much to offer with his professional training, and the

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utilization of handicapped persons can aid others in becoming useful, in dependent members of society; and
WHEREAS, only 9 percent of the elderly nation-wide own automobiles, and even fewer operate vehicles due to poor eyesight and high maintenance and insurance costs, etc.; and
WHEREAS, the elderly, because of decreased mobility, ill health, fear of crime, isolation, and other factors, are often limited from participation in social activities without adequate public transportation services; and
WHEREAS, bus service and community service centers furnishing transportation for physically handicapped persons are nonexistent in many areas of the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Aging Section; transportation plan, (a) The Aging Section, administratively established previously within the Department of Human Resources, is hereby statutorily established. The Aging Section established hereby shall have those functions, duties, powers, and responsibilities heretofore assigned by the board and the commissioner of the Department of Human Resources, and as hereafter so assigned or as provided by law.
(b) The Aging Section, the Office of District Programs, and the other divisions and sections within the Department of Human Resources shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including but not limited to those programs relating to the aged and to the mentally and physically han dicapped.
(c) Other departments and agencies of the state shall cooperate with the Department of Human Resources in mutually beneficial agreements regard ing the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title.
(d) The plan required to be developed under this Act shall take into con sideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the Department of Human Resources to the Human Relations and Aging Committee of the House of Representatives and the Human Resources Com mittee of the Senate, which plan shall be revised and submitted to such com mittees every two years thereafter.

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.

WEDNESDAY, FEBRUARY 13, 1980 Senator Evans of the 37th offered the following amendment:

1403

Amend the substitute to SB 457 offered by the Senate Committee on Human Resources by renumbering Sections 2 and 3 on Page 3 as Sections 3 and 4 and by inserting a new Section 2 to read as follows:
"Section 2 The Aging Section, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and handicapped persons are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the Aging Section shall identify alter natives for meeting the transportation needs of these persons and shall report by June 30, 1980 to the committees specified in Section 1 (d) of this Act."
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Horton Howard
Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr
Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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Those not voting were Senators:

Coverdell Fincher of 54th

Holloway (excused conferee) Johnson

On the passage of the bill, the yeas were 48, nays 0.

Riley (excused conferee) Stumbaugh Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 489. By Senators Littlefield of the 6th, Hudgins of the 15th, Howard of the 42nd and others:
A bill to amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide that certain acts, which, if done by an adult, would constitute certain crimes shall be known as "designated felony acts" if committed by a juvenile.

The Senate Committee on Judiciary offered the following substitute to SB 489:
A BILL
To be entitled an Act to amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide that certain acts which, if done by an adult, would constitute certain crimes shall be known as "designated felony acts" if committed by a juvenile; to define terms; to provide for the disposition of juveniles who commit designated felony acts; to provide for practice, procedure, and other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, is hereby amended by adding a new Chapter 24A23A to read as follows:
"Chapter 24A-23A
Designated Felony Acts

24A-2301A. Definition. 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, or armed robbery, if done by a juvenile 13 or more years of age;

WEDNESDAY, FEBRUARY 13, 1980

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(3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(4) Any felony if done by a juvenile 13 or more years of age if the juvenile would have been a repeated offender of the same felony had he been an adult.
24A-2302A. Designated felony acts; restrictive placement, (a) Where the juvenile is found to have committed a designated felony act, the order of disposition shall be made within 20 days of the conclusion of the dispositional hearing and shall include a finding, based on a preponderance of the evidence, as to whether, for the purposes of this chapter, the juvenile does or does not require a restrictive placement under this section, in connection with which the court shall make specific written findings of fact as to each of the elements set forth in paragraphs (1) through (5) of subsection (b) of this section as related to the particular juvenile. If the court finds that a restrictive placement under this section is not required, the order of disposition shall be as otherwise provided in this title. If the court finds that a restrictive placement is required, it shall continue the proceeding and enter an order of disposition for a restrictive placement. Every order under this section shall be a dispositional order, shall be made after a dispositional hearing, and shall state the grounds for the order.
(b) In determining whether a restrictive placement is required, the court shall consider:
(1)The needs and best interests of the juvenile;
(2) The record and background of the juvenile;
(3) The nature and circumstances of the offense, including whether any injury involved was inflicted by the juvenile or another participant;
(4) The need for protection of the community; and
(5) The age and physical condition of the victim.
(c) Notwithstanding the provisions of subsection (b) of this section, the court shall order a restrictive placement in any case where the juvenile is found to have committed a designated felony act in which the juvenile inflicted serious physical injury upon another person who is 62 years of age or more.
(d) When the order is for a restrictive placement in the case of a youth found to have committed a designated felony act,
(1) The order shall provide:
(A) The juvenile shall be placed with the Division of Youth Services for an initial period of five years.
(B) The juvenile shall initially be confined in a secure facility for a period set by the order, to be not less than 12 nor more than 18 months

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provided, however, where the order of the court is made in compliance with subsection (e) of this section, the juvenile shall initially be confined in a secure facility for 18 months.
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed in a residential facility for a period of 12 months.
(D) The juvenile may not be released from a secure facility or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph, nor may the juvenile be released from a residential facility during the period provided in subparagraph (C) of this paragraph unless by court order. No home visits shall be permitted dur ing the period of secure confinement set by the court order or one year, whichever is less, except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be accompanied home visits: (i) while a youth is confined in a secure facility, whether such confinement is pursuant to a court order or otherwise; (ii) while a youth is confined in a nonsecure residential facility within six months after con finement in a secure facility; and (iii) while a youth is confined in a nonsecure residential facility in excess of six months after confinement in a secure facility unless two accompanied home visits have already oc curred. An 'accompanied home visit' shall mean a home visit during which the youth shall be accompanied at all times while outside the secure or residential facility by appropriate personnel of the division for youth designated pursuant to regulations of the director of the division.
(2) During the placement or any extension thereof:
(A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of subsection (d), the juvenile shall not be released from a residential facility without the written approval of the director of the Division of Youth Services or his or her designated deputy.
(B) The juvenile shall be subject to intensive supervision whenever not in a secure or residential facility.
(C) The juvenile shall not be discharged from the custody of the divi sion, unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of three years of the placement.
(D) Unless otherwise specified in the order, the division shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the juvenile.
(3) Upon the expiration of the initial period of placement, or any ex tension thereof, the placement may be extended, on motion of any party, the division, or the court, after a dispositional hearing, for an additional period of 12 months; but no initial placement or extension of placement under this section may continue beyond the juvenile's twenty-first birth day.
(e) When the order is for a restrictive placement in the case of a youth found to have committed any designated felony act and such youth has

WEDNESDAY, FEBRUARY 13, 1980

1407

been found by a court to have committted a designated felony act on a prior occasion, regardless of the age of such youth at the time of commis sion of such prior act, the order of the court shall be made pursuant to subparagraph (d) (1) (B) of this section.
(f) The division shall retain the power to continue the confinement of the youth in a secure or other residential facility beyond the periods specified by the court within the term of the placement."
Section 2. All laws and parts of laws in conflict with the Act are hereby repealed.

Senator Hudgins of the 15th offered the following amendment:

Amend the substitute to SB 489 offered by the Senate Committee on Judiciary by striking on Page 2, lines 1 through 4 in their entirety.

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 29, 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 Barker Barnes
Bell Bond Brantley Brown of 47th
Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill
Holloway Horton Howard Hudgins
Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds
Robinson Russell Scott Starr
Stephens Sutton
Tate Timmons Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell

Riley (excused conferee) Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

Summers Thompson

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 503. By Senators Lester of the 23rd, Gillis of the 20th, Turner of the 8th and others:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall be eligible for consideration for parole upon completion of ten years' service.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter
Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson
Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell

Hudgins Riley (excused conferee)

McGill Overby Paulk Reynolds Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
*
Ri4sell SIMmbaugh , i Smnmers

WEDNESDAY, FEBRUARY 13, 1980 On the passage of the bill, the yeas were 48, nays 0.

1409

The bill, having received the requisite constitutional majority, was passed.

SB 504. By Senators Langford of the 51st, Ballard of the 45th, Allgood of the 22nd and others:
A bill to amend an Act providing for the organization, venue, practice, and procedure of certain courts which are below the superior court level, as amended, so as to provide that keeping minutes of proceedings in traffic cases shall not be necessary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Broun of 46th (excused conferee) Coverdell Hill

Holloway (excused conferee) Hudgins Littlefield

Riley (excused conferee) Stumbaugh Summers

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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SB 509. By Senators Stumbaugh of the 55th, Overby of the 49th and Johnson of the 34th:
A bill to amend an Act providing for compulsory school attendance, as amended, so as to change the provisions relative to the school year; to repeal certain provisions relative to exemptions from the Act.

The Senate Committee on Education offered the following substitute to SB 509:
A BILL
To be entitled an Act to amend an Act providing for compulsory school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended, so as to change the provisions relative to the school year; to repeal certain provisions relative to exemptions from the Act; to change all references to visiting teachers and attendance officers to school social workers and to change provisions relative to their qualifications, appointment, and dismissal; to repeal a provision relative to the appointment of attendance of ficers in lieu of visiting teachers; to change provisions relative to certain penalties; to change provisions relative to duties of school social workers; 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 providing for compulsory school attendance, ap proved March 8, 1945 (Ga. Laws 1945, p. 343), as amended, is hereby amended by striking from Section 2 the following:
"one hundred and seventy-five",
and inserting in lieu thereof the following:
"180",
so that when so amended Section 2 shall read as follows:
"Section 2. The minimum session of annual school attendance re quired under this Act shall be 180 school days, or for the full session or sessions of the school which the child is eligible to attend. Such atten dance shall not be required where the child has completed all high school grades."
Section 2. Said Act is further amended by repealing Section 3, which reads as follows:
"Section 3. The following classes of children between their seventh and sixteenth birthdays shall be exempted from the provisions of this Act, the County and Independent School System Boards of Education to be sole j'udge in all such cases: (a) Children mentally or physically in capacitated to perform school duties, (b) Children excused from atten dance in school by County and/or Independent School System Boards of Education in accordance with the general policies and regulations pro-

WEDNESDAY, FEBRUARY 13, 1980

1411

mulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into con sideration sickness, seasonable labor and other emergencies which may arise in any school community."
in its entirety.
Section 3. Said Act is further amended by striking Sections 4 and 5 in their entirety and substituting in lieu thereof new Sections 4 and 5 to read as follows:
"Section 4. (a) It shall be the duty of each county and independent school system board of education within the state to administer this Act and to secure its enforcement in cooperation with the other state and county agencies mentioned herein.
(b) To facilitate the enforcement of this Act and insure appropriate education for pupils, each county and independent school system shall have authority to employ competent and qualified full-time school social workers, whose duty shall be to provide leadership for the enforcement of the compulsory school attendance laws of the state, and other such laws of this state which affect school attendance. Each county or independent school system board of education shall fix the compensation of such school social workers, payable from the school funds of the state or of the county or independent school system or payable from a combination of such funds, and shall be authorized to prescribe the duties of such school social workers and make such rules and regulations for the performance thereof, not inconsistent with laws and rules and regulations of the State Board of Education, as will promote the purposes of this Act.
Section 5. The appointment of school social workers shall be made by the county or independent school system board of education upon the recommendation of the county or independent school system superinten dent; but no school social worker shall be so appointed in any school pro gram or other public education agency of the state unless qualified in ac cordance with professional requirements prescribed by the State Board of Education. Persons presently holding certificates as visiting teachers shall be school social workers within the meaning of this Act and such certificates shall be valid as school social worker certificates. Upon the request of the school board, a person shall be granted a temporary permit to serve as an acting school social worker; but such person who does not possess the qualifications prescribed by the State Board of Education for certification as a school social worker must continue to render satisfac tory service or, within five years from the effective date of this Act, satisfy such qualifications as will justify certification by the State Board of Education."
Section 4. Said Act is further amended by repealing Section 6, which reads as follows:
"Section 6. County or Independent School System,Boards of Educa tion may employ attendance officers in lieu of visiting teachers. Such at tendance officers must be paid wholly from school funds of the County or Independent School System Boards of Education. Such attendance of-

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JOURNAL OF THE SENATE,

ficers shall not be required to qualify under rules and regulations pro mulgated by the State Board of Education for the certification of visiting teachers",
in its entirety.
Section 5. Said Act is further amended by striking Sections 7, 8, and 9 in their entirety and substituting in lieu thereof new Sections 7,8, and 9 to read as follows:
"Section 7. (a) In the discharge of their duties, school social workers shall (1) cooperate fully with the Departments of Human Resources and Labor and other state agencies; (2) make periodic reports on attendance and other problems of child-school adjustment in their territory to the county or independent school system superintendent and State Depart ment of Education, respectively; and (3) comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education.

(b) Any school social worker appointed under the provisions of this Act who fails to perform the duties of said office shall be governed by the same rules and regulations for dismissal as apply to any other profes sional public school employee.

Section 8. School social workers employed uijder the provisions of this Act shall have the same status with respect to teacher retirement as is provided under the Teachers Retirement System of this state for regular classroom teachers or supervisors whose employment requires that they hold valid certificates issued by authority of the State Board of Educa tion.

Section 9. (a) School social workers shall receive the cooperation
and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are ap pointed to serve. It shall be the duty of the principals or local school ad ministrators and of the teachers of all schools--public, private, denominational or parochial--to report, in writing, to the school social worker of the county or of the independent school system the names, ages, and residences of all pupils in attendance at their school and classes within 30 days after the beginning of the school term or terms, and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance verified by the teachers certifying such records. Such reports shall be open to inspection by the school social worker at any time during the school day.

(b) Any person violating any provision of this section or of the rules and regulations of the State Board of Education relating to compulsory school attendance previously published one time in the official education journal of the state shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $ 100.00."

WEDNESDAY, FEBRUARY 13, 1980

1413

Section 6. Said Act is further amended by striking from Section 10 the following:
"one hundred ($ 100) dollars" and
"thirty (30)"and
"city" and
"Visiting teachers and attendance officers",
and inserting in lieu thereof, respectively, the following:
"$100.00" and "30" and
"state" and
"School social workers",
so that when so amended Section 10 shall read as follows:
"Section 10. Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate the provisions of this Act shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $100.00 or imprisonment not to exceed 30 days, or both, at the discretion of the superior, state, or other court having jurisdiction. Each day's absence from school in violation of this Act shall constitute a separate offense. School social workers shall have authority and it shall be their duty to file proceedings in court to en force the provisions of this Act."
Section 7. Said Act is further amended by striking Section 11, which reads as follows:
"Section 11. Visiting teachers and attendance officers, after written notice to parent or guardian of a child, shall report to the juvenile, superior, city, or other court having jurisdiction, any child as a delin quent who absents himself from school in violation of this Act. The judge of said court may place said delinquent in a home, or in a public or private institution, where school shall be provided for such child.",
in its entirey and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. School social workers receiving referrals of a child not attending school, or with disruptive behavior in the classroom or other wise dysfunctioning while at school, shall initiate a social assessment of the child and plan with personnel representing appropriate community agencies, with other appropriate professional school personnel, with the juvenile court or any other court, and with the child and his or her family for the child's adjustment. Such plan shall include the school's respon sibilities for reporting suspected cases of child abuse and neglect as well

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JOURNAL OF THE SENATE,
as insuring that eligible children and youth have access to the provisions of special education services appropriate to their needs. Provided, however, that if a child continues to be habitually truant from school or disruptive in the classroom or otherwise dysfunctioning while at school after a period of time in which the social worker has attempted to help the child the judge of said court may place said unruly child in a home, or in a public or nonsecure institution, where school shall be provided for such child."
Section 8. All laws and part of laws in conflict with the 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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English
Evans Fincher of 52nd

Fincher of 54th Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill
Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker
Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Hill Holloway (excused conferee) Littlefield

Riley (excused conferee) Stumbaugh Summers

On the passage of the bill, the yeas were 46, nays 0.

WEDNESDAY, FEBRUARY 13, 1980

1415

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 536. By Senators Fincher of the 52nd, Hudson of the 35th, Fincher of the 54th and others:
A bill to amend an Act creating the Georgia State Board of Physical Therapy, as amended, so as to add a consumer member and provide for terms and qualifications; to change the method of appointment of members; to change quorum requirements; to change certain compensation and ex pense allowances.

The Senate Committee on Governmental Operations offered the following amend ment:
Amend SB 536 by striking on Page 3, line 5, Section 1 the following: "July 1, 1986",
and
By inserting in lieu thereof the following:
"July 1, 1984".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On 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 Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester McGill
Overby Paulk

Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Broun of 46th (excused conferee) Coverdell Foster

Hill Holloway (excused conferee) Langford Littlefield

On the passage of the bill, the yeas were 44, nays 0.

rt
Riley (excused conferee) Stumbaugh Summers

The bill, having received the requisite constitutional majority, was passed as amended.

SB 538. By Senator English of the 21st:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide a penalty for failure to comply with a certain provision relating to striking unattended vehicles.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley
Brown of 47th Bryant Carter
Cobb Dean Eldridge English Evans
Fincher of 52nd

Fincher of 54th Gillis Greene Horton Howard Hudgins
Hudson Johnson Kennedy
Kidd Land Langford Lester McGill
Oyerby

Those not voting were Senators:

Ballard . Broun of 46th (excused conferee) Coverdell Foster

Hill Holloway (excused conferee) Littlefield

Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Riley (excused conferee) Stumbaugh Summers

WEDNESDAY, FEBRUARY 13, 1980 On the passage of the bill, the yeas were 45, nays 0.

1417

The bill, having received the requisite constitutional majority, was passed.
SB 539. By Senator English of the 21 st: A bill to amend an Act creating a Joint Advisory Board of Family Practice, as amended, so as to change the provisions relating to standards for family practice residency training programs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 54th Gillis Greene Horton Howard Hudgins Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Bond Broun of 46th (excused conferee) Coverdell Fincher of 52nd Foster

Hill Holloway (excused conferee) Hudson Land

On the passage of the bill, the yeas were 41, nays 0.

Paulk Reynolds Russell Scott Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Riley (excused conferee) Robinson Starr Stumbaugh Summers

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

SB 566. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend an Act making provision for the regulation of professional soil classifying so as to continue the State Board of Registration for Profes sional Soil Classifiers and the laws relating thereto until July 1, 1984; to pro vide for the termination of such board and the repeal of the laws relating thereto.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Horton Howard Hudgins Johnson Kennedy Kidd Land Lester McGill Overby

Those not voting were Senators:

Paulk Reynolds Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Allgood Broun of 46th (excused conferee) Coverdell Foster Hill

Holloway (excused conferee) Hudson Langford Littlefield

Riley (excused conferee) Robinson Stumbaugh Summers

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 568. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others:
A bill to amend an Act known as the "Structural Pest Control Act", as

WEDNESDAY, FEBRUARY 13, 1980

1419

amended, so as to continue the Structural Pest Control Commission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, 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 Bryant Cobb Dean Eldridge English Evans

Fincher of 54th Gillis Greene Holloway Horton Howard Hudgins Johnson Kennedy Kidd Lester McGill Overby

Paulk Riley Russell Scott Starr Stephens Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Broun of 46th (excused conferee) Carter Coverdell Fincher of 52nd

Foster Hill Hudson Land Langford Littlefield

Reynolds Robinson Stumbaugh Summers Timmons

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 177. By Senators Stephens of the 36th, Overby of the 49th, Hudgins of the 15th and others:
A resolution creating the Senate Fraudulent Check Study Committee.

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JOURNAL OF THE SENATE,

The Senate Committee on Banking, Finance and Insurance offered the following amendment:
Amend SR 177 by striking on Page 2, lines 17 and 20, the figure "1980" and inserting in lieu thereof the following:
"1981".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Dean Eldridge Evans

Fincher of 52nd Fincher of 54th Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester

Littlefield McGill Overby Paulk Reynolds Scott Stephens Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell English Foster Hill

Holloway (excused conferee) Riley (excused conferee) Robinson

Russell Starr Stumbaugh Summers Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

WEDNESDAY, FEBRUARY 13, 1980

1421

Senator Dean of the 31st introduced the doctor of the day, Dr. F. J. Atha, of Rockmart, Georgia.

The following resolution of the Senate was read and adopted:

SR 347. By Senator Dean of the 31st: A resolution commending Cub Scout Pack 17 of Cedartown, Georgia.

The President announced the Senate would stand in recess from 12:05 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 resolution of the Senate, having been read the third time and lost on February 8, and reconsidered on February 11, was put upon its adoption:

SR 275. By Senators Evans of the 37th, Sutton of the 9th and Eldridge of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a program of insured or guaranteed loans or direct loans to certain small businesses and individual or family farmers for certain purposes; to provide for other matters relative to the foregoing; 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 VII, Section II, Paragraph I of the Constitution, relating to purposes of state taxation, is hereby amended by adding a new subparagraph at the end thereof, to be designated subparagraph 14., to read as follows:
"14. To insure or guarantee loans or make direct loans to small businesses and individual or family farmers located in this state. Such in sured or guaranteed loans or direct loans shall be subject to the condi tions, procedures, and limitations specified by law and may be funded by appropriations from state funds, from the proceeds of revenue obliga tions issued by the state, from funds granted or available for such pur poses from the United States, or from any combination of such sources of funds. The General Assembly is hereby authorized to provide for other matters necessary or appropriate to carry out the purposes and respon sibilities of this subparagraph."
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.

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The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide for a program of insured or
[ ] NO guaranteed loans or direct loans to small businesses and individual or family farmers located in this state.?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes," All persons desiring to vote against ratifying the pro posed 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.

Senators Turner of the 8th and Broun of the 46th offered the following amend ment:

Amend SR 275 on Page 1, lines 3 and 17 and on Page 2, line 9 by strik ing the following:
"or direct loans", and
By striking on Page 1, beginning on line 14 the following: "or make direct loans".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

Senators Gillis of the 20th, Kennedy of the 4th, Walker of the 19th, English of the 21 st and McGill of the 24th offered the following amendment:

Amend SR 275 by adding on line 23, Page 1, between the words "funds." and the word "The" the following:
"At least fifty (50) percent of any funds authorized hereunder shall be expended for individual or family farm purposes."

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 resolu tion, was agreed to as amended.

WEDNESDAY, FEBRUARY 13, 1980

1423

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 Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Timmons Turner Walker Wessels

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Ballard Barker Bond Broun of 46th (excused conferee)

Coverdell Foster Holloway (excused conferee) Langford

Riley (excused conferee) Stumbaugh Summers Thompson

On the adoption of the resolution, the yeas were 42, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President: The House has agreed to the Senate amendments to the following bills of the
House:
HB 875. By Representatives Snow of the 1 st and Culpepper of the 98th: A bill to amend Code Title 90, relating to public printing, so as to provide

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JOURNAL OF THE SENATE,

for the regulation of microforms; to provide for a short title "Georgia Microforms Act"; to provide that all microforms produced for or by any agency of State government or of any political subdivision of the State shall conform to certain standards; to provide for standards qualifications, re quirements, and restrictions.

HB 1069. By Representatives Twiggs and Colwell of the 4th: A bill to create the Georgia Mountain Fair Authority of Towns County.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 50. By Representatives Richardson of the 52nd and Vaughn of the 57th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations.
Senate Sponsor: Senator Scott of the 43rd.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

DATE:

March 5, 1979

SUBJECT: Fiscal Note--House Bill 50 (Amended) Employees' Retirement System

This Bill (as amended) would allow any person becoming a member of the Employees' Retirement System (ERS) after January 1, 1979, but before July 1, 1980, as a result of being employed by a juvenile detention facility acquired from a county by the state, to establish service credit with ERS for such county service. To be eligible for service credit, the individual must have been employed in a position covered by a county retirement system im mediately prior to becoming an ERS member. Individuals would have six months after joining ERS to exercise the option of transferring the employee and employer contributions credited to them by the county retirement system.

WEDNESDAY, FEBRUARY 13, 1980

1425

The amount of service credit which would be established with ERS would be limited to the amount which would be fully funded by the employee and employer contributions transferred to ERS. The county which had employed the individual would be authorized, but not required, to pay ERS an additional amount to fund any county service not fully funded by the transferred employee and employer contributions.
Because a member would only receive the amount of service credit that was fully funded by the transferred contributions, the fiscal impact of this Bill would be insignificant. The Department of Human Resources has iden tified one juvenile detention center whose 56 employees may potentially be affected by this proposed legislation.

Is/ William M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 50:

A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations; to provide for 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 establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of Section 4 a new subsection (20) to read as follows:
"(20) Any person becoming a member of this retirement system at any time after January 1, 1980, but before July 1, 1981 as a result of be ing employed by a juvenile detention facility acquired by a department of State government from a county, who, immediately prior to becoming a member of this retirement system, was an employee of such county in a position covered by a retirement or pension system of such county, shall have the option, which must be exercised within six months after becom ing a member of this retirement system, of transferring his employer and employee contributions credited to him under the county retirement or pension system, for service as an employee of the juvenile detention facili ty, to this retirement system. Such option shall be exercised by notifying, in writing, the governing body of the county retirement or pension system and the Board of Trustees of this retirement system and his desire for such transfer of such employer and employee contributions. Within thirty days after receiving such notification, the governing body of the county retirement or pension system shall pay to the Board of Trustees of

1426

JOURNAL OF THE SENATE,

this retirement system an amount equal to such employer and employee contributions. Upon the receipt of such payment, the Board of Trustees shall deposit that portion thereof representing employee contributions in to the annuity savings fund as a credit to the member, and said Board shall deposit that portion thereof representing employer contributions in to the pension accumulation fund. Upon making such deposits to the an nuity savings fund and the pension accumulation fund as aforesaid, such member shall receive as prior service under this Act credit for service rendered as an employee of the juvenile detention facility of the county, but the amount of prior service credited to such member shall be adjusted as necessary so that the accrued liability to this retirement system created by such prior service shall be fully funded by the amount of the payment received by the Board of Trustees as the employer and employee con tributions under the county retirement or pension system. In the event the payment received by the Board of Trustees is insufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility of the county, the governing authority of the county which formerly employed such member shall be authorized, but not re quired, to pay to the Board of Trustees an amount which, when combin ed with the payment for employer and employee contributions as hereinabove provided, shall be sufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility. In the event a county governing authority elects to pay the addi tional amount provided for herein, said governing authority shall re quest, in writing, a certification from the Board of Trustees of such amount, and upon the payment thereof to the Board of Trustees, the member shall be credited with prior service under this Act for all service rendered as an employee of the juvenile detention facility of the county. The amount, if any, paid by a county governing authority as herein pro vided shall be deposited by the Board of Trustees into the pension ac cumulation funds."
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.

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

WEDNESDAY, FEBRUARY 13, 1980

1427

DATE:

February 8, 1980

SUBJECT: Fiscal Note--House Bill 50 (Substitute) Employees' Retirement System

This Bill would allow any person becoming a member of the Employees' Retirement System (ERS) after January 1, 1980, but before July 1, 1981, as a result of being employed by a juvenile detention facility ac quired from a county by the state, to establish service credit with ERS for service as an employee of such facility. To be eligible for service credit, the individual must have been employed in a position covered by a county retirement system immediately prior to becoming an ERS member. In dividuals would have six months after joining ERS to exercise the option of transferring the applicable employer and employee contributions.

The amount of service credit which could be established with ERS would be limited to the amount which would be fully funded by the employee and employer contributions transferred to ERS. The county which had employed the individual would be authorized, but not required, to pay ERS an additional amount to fund any service with the detention facility not fully funded by the transferred employee and employer contributions.

Because a member would only receive the amount of service credit that was fully funded by the transferred contributions, the fiscal impact of this Bill would be insignificant. The Department of Human Resources has iden tified one juvenile detention center whose 56 employees may potentially be affected by this proposed legislation.

/si William M. Nixon State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

Senator Johnson of the 34th offered the following substitute to the substitute to HB 50 offered by the Senate Committee on Retirement:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations; to change the provisions relative to creditable service with respect to members who have previously withdrawn contributions; to pro vide for matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking from subsection (12) of Section 4 the follow ing:
"not more than three times",

1428

JOURNAL OF THE SENATE,

and by inserting following the words "shall be paid to the Employees' Retirement System" in the last sentence of subsection (12), the following:
"by the Teachers' Retirement System of Georgia",
so that when so amended subsection (12) of Section 4 shall read as follows:
"(12) Any current member having previously withdrawn his con tributions from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after two (2) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either system had he not withdrawn his contributions, upon his payment into the system a sum equal to the amount withdrawn from either system, plus regular interest at the rate of four and one-fourth percent (4 '/4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System by the Teachers' Retirement System of Georgia, plus accrued interest thereon, upon receipt of notice from the system."
Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (20) to read as follows:
"(20) Any person becoming a member of this retirement system at any time after January 1, 1980, but before July 1, 1981 as a result of be ing employed by a juvenile detention facility acquired by a department of State government from a county, who, immediately prior to becoming a member of this retirement system, was an employee of such county in a position covered by a retirement or pension system of such county, shall have the option, which must be exercised within six months after becom ing a member of this retirement system, of transferring his employer and employee contributions credited to him under the county retirement or pension system, for service as an employee of the juvenile detention facili ty, to this retirement system. Such option shall be exercised by notifying, in writing, the governing body of the county retirement or pension system and the Board of Trustees of this retirement system of his desire for such transfer of such employer and employee contributions. Within thirty days after receiving such notification, the governing body of the county retirement or pension system shall pay to the Board of Trustees of this retirement system an amount equal to such employer and employee contributions. Upon the receipt of such payment, the Board of Trustees shall deposit that portion thereof representing employee contributions in to the annuity savings fund as a credit to the member, and said Board shall deposit that portion thereof representing employer contributions in to the pension accumulation fund. Upon making such deposits to the an nuity savings fund and the pension accumulation fund as aforesaid, such member shall receive as prior service under this Act credit for service rendered as an employee of the juvenile detention facility of the county, but the amount of prior service credited to such member shall be adjusted as necessary so that the accrued liability to this retirement system created by such prior service shall be fully funded by the amount of the payment

WEDNESDAY, FEBRUARY 13, 1980

1429

received by the Board of Trustees as the employer and employee con tributions under the county retirement or pension system. In the event the payment received by the Board of Trustees is insufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility of the county, the governing authority of the county which formerly employed such member shall be authorized, but not re quired, to pay to the Board of Trustees an amount which, when combin ed with the payment for employer and employee contributions as hereinabove provided, shall be sufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility. In the event a county governing authority elects to pay the addi tional amount provided for herein, said governing authority shall re quest, in writing, a certification from the Board of Trustees of such amount, and upon the payment thereof to the Board of Trustees, the member shall be credited with prior service under this Act for all service rendered as an employee of the juvenile detention facility of the county. The amount, if any, paid by a county governing authority as herein pro vided shall be deposited by the Board of Trustees into the pension ac cumulation fund."
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.

The following fiscal notes, as required by the Rules of the Senate, were read by the Secretary:
DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

DATE:

January 17, 1979

SUBJECT:

Fiscal Note-Senate Bill 42 Employees' Retirement System (Covers Section 1 of substitute to HB 50 offered by Senator Johnson of the 34th)

This Bill would delete the limitation on the number of times a member may withdraw his contributions from the Employees' Retirement System and/or the Teachers' Retirement System (presently not more than three times) and subsequently reestablish credit for such service as he would have been eligible for had he not withdrawn his contribution. The Bill does not

1430

JOURNAL OF THE SENATE,

change the present requirements for repayment of the withdrawn contribu tions and interest thereon.
The fiscal impact of this Bill is insignificant.
It should be noted that the last sentence of Section 1 of this Bill contains a technical flaw by omitting the words "by the Teachers' Retirement System" which are contained in the present law which reads as follows:
"For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retire ment System by the Teachers' Retirement System, plus accrued interest thereon, upon receipt of notice from this System."

Is/ William M. Nixon State Auditor

/si C. T. Stevens, Director Office of Planning and Budget

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

Februarys, 1980

SUBJECT:

Fiscal Note--House Bill 50 (Substitute) Employees' Retirement System (Covers Section 2 of substitute to HB 50 offered by Senator Johnson of the 34th)

This Bill would allow any person becoming a member of the Employees' Retirement System (ERS) after January 1, 1980, but before July 1, 1981, as a result of being employed by a juvenile detention facility ac quired from a county by the state, to establish service credit with ERS for service as an employee of such facility. To be eligible for service credit, the individual must have been employed in a position covered by a county retirement system immediately prior to becoming an ERS member. In dividuals would have six months after joining ERS to exercise the option of transferring the applicable employer and employee contributions.

The amount of service credit which could be established with ERS would be limited to the amount which would be fully funded by the employee and employer contribution transferred to ERS. The county which had employed the individual would be authorized, but not required, to pay ERS an additional amount to fund any service with the detention facility not fully funded by the transferred employee and employer contributions.

WEDNESDAY, FEBRUARY 13, 1980

1431

Because a member would only receive the amount of service credit that was fully funded by the transferred contributions, the fiscal impact of this Bill would be insignificant. The Department of Human Resources has iden tified one juvenile detention center whose 56 employees may potentially be affected by this proposed legislation.

Is/ William M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

Senator Johnson of the 34th offered the following substitute to HB 50:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations; to change the provisions relative to creditable service with respect to members who have previously withdrawn contributions; to pro vide for matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking from subsection (12) of Section 4 the follow ing:
"not more than three times",
and by inserting following the words "shall be paid to the Employees' Retirement System" in the last sentence of subsection (12), the following:
"by the Teachers' Retirement System of Georgia",
so that when so amended subsection (12) of Section 4 shall read as follows:
"(12) Any current member having previously withdrawn his con tributions from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after two (2) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either system had he not withdrawn his contributions, upon 'his payment into the system a sum equal to the amount withdrawn from either system, plus regular interest at the rate of four and one-fourth percent (4 %%) per annum from the date of this withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System by the Teachers' Retirement System of Georgia, plus accrued interest thereon, upon receipt of notice from the system."

1432

JOURNAL OF THE SENATE,
Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (20) to read as follows:
"(20) Any person becoming a member of this retirement system at any time after January 1, 1979, but before July 1, 1980 as a result of be ing employed by a juvenile detention facility acquired by a department of State government from a county, who, immediately prior to becoming a member of this retirement system, was an employee of such county in a position covered by a retirement or pension system of such county, shall have the option, which must be exercised within six months after becom ing a member of this retirement system, of transferring his employer and employee contributions credited to him under the county retirement or pension system to this retirement system. Such option shall be exercised by notifying, in writing, the governing body of the county retirement or pension system and the Board of Trustees of this retirement system of his desire for such transfer of such employer and employee contributions. Within thirty days after receiving such notification, the governing body of the county retirement or pension system shall pay to the Board of Trustees of this retirement system an amount equal to such employer and employee contributions. Upon the receipt of such payment, the Board of Trustees shall deposit that portion thereof representing employee con tributions into the annuity savings fund as a credit to the member, and said Board shall deposit that portion thereof representing employer con tributions into the pension accumulation fund. Upon making such deposits to the annuity savings fund and the pension accumulation fund as aforesaid, such member shall receive as prior service under this Act credit for service rendered as an employee of the county, but the amount of prior service credited to such member shall be adjusted as necessary so that the accrued liability to this retirement system created by such prior service shall be fully funded by the amount of the payment received by the Board of Trustees as the employer and employee contributions under the county retirement or pension system. In the event the payment receiv ed by the Board of Trustees is insufficient to fund as prior service under this Act all service rendered as an employee of the county, the governing authority of the county which formerly employed such member shall be authorized, but not required, to pay to the Board of Trustees an amount which, when combined with the payment for employer and employee contributions as hereinabove provided, shall be sufficient to fund as prior service under this Act all service rendered as a county employee. In the event a county governing authority elects to pay the additional amount provided for herein, said governing authority shall request, in writing, a certification from the Board of Trustees of such amount, and upon the payment thereof to the Board of Trustees, the member shall be credited with prior service under this Act for all service rendered as an employee of the county. The amount, if any, paid by a county governing authority as herein provided shall be deposited by the Board of Trustees into the pension accumulation fund."

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.

WEDNESDAY, FEBRUARY 13, 1980

1433

The following fiscal notes, as required by the Rules of the Senate, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

DATE:

January 17, 1979

SUBJECT: Fiscal Note--Senate Bill 42 Employees' Retirement System (Covers Section 1 of substitute to HB 50 offered by Senator Johnson of the 34th)

This Bill would delete the limitation on the number of times a member may withdraw his contributions from the Employees' Retirement System and/or the Teachers' Retirement System (presently not more than three times) and subsequently reestablish credit for such service as he would have been eligible for had he not withdrawn his contributions. The Bill does not change the present requirements for repayment of the withdrawn contribu tions and interest thereon.
The fiscal impact of this Bill is insignificant.
It should be noted that the last sentence of Section 1 of this Bill contains a technical flaw by omitting the words "by the Teachers' Retirement System" which are contained in the present law which reads as follows:
"For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retire ment System by the Teachers' Retirement System, plus accrued interest thereon, upon receipt of notice from this System".

Is/ William M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

1434

JOURNAL OF THE SENATE,

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 8, 1980

SUBJECT:

Fiscal Note--House Bill 50 (Substitute) Employees' Retirement System (Covers Section 2 of substitute to HB 50 offered by Senator Johnson of the 34th)

This Bill would allow any person becoming a member of the Employees' Retirement System (ERS) after January 1, 1980, but before July 1, 1981, as a result of being employed by a juvenile detention facility ac quired from a county by the state, to establish service credit with ERS for service as an employee of such facility. To be eligible for service credit, the individual must have been employed in a position covered by a county retirement system immediately prior to becoming an ERS member. In dividuals would have six months after joining ERS to exercise the option of transferring the applicable employer and employee contributions.

The amount of service credit which could be established with ERS would be limited to the amount which would be fully funded by the employee and employer contributions transferred to ERS. The county which had employed the individual would be authorized, but not required, to pay ERS an additional amount to fund any service with the detention facility not fully funded by the transferred employee and employer contributions.

Because a member would only receive the amount of service credit that was fully funded by the transferred contributions, the fiscal impact of this Bill would be insignificant. The Department of Human Resources has iden tified one juvenile detention center whose 56 employees may potentially be affected by this proposed legislation.

/s/ William M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute to HB 50 offered by Senator Johnson of the 34th, the President ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 1980

1435

Those voting in the affirmative were Senators:

Allgood Barker Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge Fincher of 54th

Gillis Howard Hudgins Hudson Johnson Kennedy Kidd Lester Littlefield McGill Paulk

Robinson Russell Starr Stephens Sutton Tate Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Barnes Bell English Fincher of 52nd

Hill Horton Langford Overby

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Evans

Foster Greene Holloway (excused conferee)

Reynolds Scott Thompson Tysinger
Land Riley (excused conferee) Stumbaugh Summers

On the adoption of the substitute, the yeas were 32, nays 13, and the substitute to HB 50 offered by Senator Johnson of the 34th was adopted.

On the adoption of the substitute offered by Senator Johnson of the 34th to the committee substitute, the yeas were 36, nays 0, and the substitute was adopted.

On the adoption of the committee substitute, the yeas were 38, nays 0, and the substitute was adopted by substitute.

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:

1436

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Brown of 47th Bryant Carter Cobb Eldridge Evans

Fincher of 54th Greene Hudson Johnson Kidd Langford Lester Littlefield McGill Overby Paulk Reynolds

Those voting in the negative were Senators:

Barnes Dean English Fincher of 52nd

Gillis Hill Horton Howard

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Holloway (excused conferee) Land

On the passage of the bill, the yeas were 35, nays 12.

Robinson Russell Scott Starr Stephens Sutton Tate Timmons Turner Ty singer Wessels
Hudgins Kennedy Thompson Walker
Riley (excused conferee) Stumbaugh Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 50.

HB 327. By Representative Knight of the 67th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to provide that active members who have waived their claim for services in the armed forces of the United States of America, not to exceed four years, and services as a peace officer, other than as a sheriff, not to exceed four years, may claim credit for such services as a basis for future retirement.
Senate Sponsor: Senator Cobb of the 28th.

WEDNESDAY, FEBRUARY 13, 1980 The following fiscal note, as required by law, was read by the Secretary:

1437

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 30, 1979

SUBJECT: Fiscal Note--House Bill 327 Sheriffs' Retirement Fund

This Bill would permit any active member who has previously waived his claim for credit for prior service in the armed forces or as a peace officer (other than sheriff) to claim credit for such prior service by notifying the Fund's Secretary-Treasurer by July 31, 1979. Current law prohibits a member from claiming credit for prior service if the member did not list such service in his original application for membership in the Fund. In addi tion to paying the required $20 per month for all service claimed, members affected by this Bill would be required to pay 8% annual interest from the date of acceptance of their original application for membership.

According to an actuarial letter dated January 16, 1979, the exact cost of this Bill could not be determined. The actuary indicated, however, that very few members of the Fund would be affected and that the resultant cost to the Fund would be minimal.

Is/ William M. Nixon State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 327:
A BILL
To be entitled an Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved

1438

JOURNAL OF THE SENATE,

April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), an Act approved March 23, 1977 (Ga. Laws 1977, p. 645), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), an Act approved March 14, 1978 (Ga. Laws 1978, p. 904), an Act approved April 3, 1978 (Ga. Laws 1978, 1668), an Act approved April' 3, 1978 (Ga. Laws 1978, p. 1690), and an Act approved April 13,1979 (Ga. Laws 1979, p. 994), so as to provide that active members who have waived their claim for any prior ser vice as a sheriff, any prior service in the armed forces of the United States of America, or any prior service as a peace officer, may now claim credit for such service as a basis for future retirement; to provide the method and pro cedure to claim such service; to provide the time limit in which to claim such service; to provide for other matters relating to the foregoing; 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 creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963,'p. 630), as amended by an Act ap proved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), an Act approved March 23, 1977 (Ga. Laws 1977, p. 645), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), an Act approved March 14, 1978 (Ga. Laws 1978, p. 904), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), is hereby amended by adding a new section to be known as Section 12B to read as follows:
"Section 12B. Any other provisions of this law to the contrary not withstanding, any active member of the Sheriffs' Retirement Fund of Georgia who has previously waived his claim for credit for any prior ser vice as a sheriff, any prior service in the armed forces of the United States of America or any prior service as a peace officer, by his failure to com ply with the provisions of subsections 2, 4 or 5 of Section II of this Act, or by his failure to list such prior service in his application for membership, shall now be entitled to claim credit for any such prior service as a basis for future retirement in accordance with the provisions of this Act and the following:
(1) Any such member shall notify the Secretary-Treasurer of the Sheriffs' Retirement Fund of Georgia in writing of his request to claim credit for such prior service prior to July 31,1980, or within the first 30 days of any new term of office of such member, and at that time file with the Secretary-Treasurer an amendment to his application for member ship, in such form as may be approved by the Board of Commissioners, and list in the amendment all such periods of prior service for which he intends to claim credit as a basis for his future retirement.

WEDNESDAY, FEBRUARY 13, 1980

1439

(2) At the time of his notification in writing to the SecretaryTreasurer, such member must tender payment of all dues for such prior service listed in the amendment to his application for membership as is required by subsection 5 of Section II of this Act, together with interest thereon at eight (8%) percent per annum, from the date of acceptance of his original application for membership.

(3) Upon approval or acceptance of the amendment to the applica tion for membership of any such member by the Board of Commissioners and receipt of his payment of the dues therefor and interest thereon, any such member shall be credited with his claimed prior service as a sheriff, in the armed forces of the United States of America, or as a peace officer as a basis for his future retirement."

Section 2. This Act shall become effective on May 1, 1980.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

Februarys, 1980

SUBJECT: Fiscal Note--House Bill 327 (Committee Substitute) Sheriffs' Retirement Fund

This Bill would permit any active member who has previously waived his claim for credit for prior service in the armed forces or as a peace officer or sheriff to claim credit for such service by notifying the Fund's Secretary and Treasurer prior to July 31,1980 or within the first 30 days of any newly elected term. Current law prohibits a member from claiming credit for prior service if the member did not list such service in his original application for membership in the Fund. In addition to paying the required $20 per month for all service claimed, members affected by this Bill would be required to pay 8% annual interest from the date of acceptance of their original ap plication for membership.

Based on information provided by the Georgia Sheriffs' Association, the Fund's actuary indicated in the letter dated January 17, 1980 that this Bill would only affect about three to ten members. The actuary further estimated that the cost of this Bill on the Fund would be small and that the Bill would not adversely affect the Fund's actuarial soundness.

Is/ William M. Nixon State Auditor

/s/ Q T. Stevens Office of Planning and Budget

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JOURNAL OF THE SENATE,

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

Overby Paulk Reynolds Robinson Russell Scott Stephens Sutton Tate Thompson Turner Ty singer Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster Gillis

Holloway (excused conferee) Land Littlefield Riley (excused conferee)

Starr Stumbaugh Summers Timmons

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 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 Bryant Carter

Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Greene Horton Howard

Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

WEDNESDAY, FEBRUARY 13, 1980

1441

Robinson Russell Scott Starr

Stephens Sutton Tate Thompson

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster Gillis

Hill Holloway (excused conferee) Johnson Land

Turner Tysinger Walker Wessels
Littlef ield Riley (excused conferee) Stumbaugh Summers Timmons

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 387. By Representative Tolbert of the 56th:
A bill to amend Code Chapter 92-39A, relating to refunds by counties and municipalities, so as to change the provisions relating to the delegation of the administration and the approval or disapproval of claims; to provide for disputed cases; to amend Code Section 91 A-1601; to provide for a specific repealer.
Senate Sponsor: Senator Bell of the 5th.

Senator Bell of the 5th offered the following amendment: Amend HB 387 by striking on Page 3, lines 4 and 6 the following:
"1980",
and inserting in lieu thereof the following: "1981".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell

Bond Brantley Brown of 47th Bryant Carter

Cobb Dean Eldridge English Evans

1442

JOURNAL OF THE SENATE,

Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Howard Hudson Kennedy
Kidd

Langford Lester Littlefield McGill Overby Paulk Reynolds Robinson Russell

Scott Starr Stephens Sutton Tate Thompson Turner Tysinger Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Holloway (excused conferee), Hudgins Johnson Land

Riley (excused conferee) Stumbaugh Summers Timmons Walker

On the adoption of the amendment, the yeas were 43, 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 Barker Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Kennedy Kidd Langford Lester Littlefield McGill

Those not voting were Senators:

Bond Broun of 46th
(excused conferee)
Coverdell poster

Holloway (excused conferee)
Howard
Hudgins Hudson Johnson
Land

Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Turner Tysinger Wessels
Overby Riley (excused conferee) Stumbaugh Summers Timmons Walker

WEDNESDAY, FEBRUARY 13, 1980

1443

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following local resolution of the House was taken up for the purpose of con sidering the House action thereon:

HR 510. By Representatives Greene and Moody of the 138th:
A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is exemptfrom county taxes, from $2,000.00 to $10,000.00.

Senator Littlefield of the 6th moved that the Senate insist upon the Senate substitute to HR 510.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate in sisted upon the Senate substitute to HR 510.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 463. By Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others: A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia so as to change a definition; to authorize the Board to execute contracts to pro vide benefits under such plan.
Senate Sponsor: Senators Summers of the 53rd and 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:

1444

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th
Gillis
Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Littlefield McGill

Voting in the negative was Senator Tysinger.

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Timmons Turner Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Holloway (excused conferee) Johnson Land

Riley (excused conferee) Stumbaugh Summers Thompson

On the passage of the bill, the yes were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 655. By Representatives Johnson, Benef ield, Wood and Lee of the 72nd: A bill to amend Code Section 24-2812, relating to the liability of a sheriff for the misconduct of the jailers, so as to provide for conditions of such liability. Senate Sponsor: Senators Johnson of the 34th and Starr of the 44th.
The Senate Committee on Special Judiciary offered the following substitute to HB
655:
A BILL
To be entitled an Act to amend Code Section 24-2812, relating to the liability of a sheriff for the misconduct of the jailers, so as to provide for con ditions of such liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 13, 1980

1445

Section 1. Code Section 24-2812, relating to the liability of a sheriff for the misconduct of the jailers, is hereby amended by adding at the end thereof the following:
"Provided that the sheriff shall not be liable for such misconduct, and no claim or cause of action against the sheriff for such misconduct shall exist, unless one of the following conditions exists:
1. The sheriff personally benefits financially from the act complain ed of; or
2. The sheriff was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of.",
so that when so amended Code Section 24-2812 shall read as follows:
"24-2812. Liability for misconduct of jailer. Sheriffs are liable for the misconduct of the jailers, as they are liable for their deputies; and per sons injured by the jailer have the same option in suing on the jailer's bond that they have in suing on the deputy's bond. Provided that the sheriff shall not be liable for such misconduct, and no claim or cause of action against the sheriff for such misconduct shall exist, unless one of the following conditions exists:
1. The sheriff personally benefits financially from the act complain ed of; or
2. The sheriff was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to HB 655 offered by the Senate Committee on Special Judiciary by striking line 20 on Page 1 in its entirety and inserting in lieu thereof the following:
"complained of; or
3. The sheriff failed to exercise ordinary care and diligence to pre vent the condition or act which proximately caused the injury complain ed of.',".
By striking line 12 on Page 2 in its entirety and inserting in lieu thereof the following:
"complained of; or

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JOURNAL OF THE SENATE,
3. The sheriff failed to exercise ordinary care and diligence to pre vent the condition or act which proximately caused the injury complain ed of.' "

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Holloway (excused conferee) Hudgins Langford

Paulk Riley (excused conferee) Stumbaugh Summers

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Holloway (excused conferee) Hudgins Riley (excused conferee)

McGill Overby Paulk Reynolds Robinson Scott Starr Stephens Tate Thompson Timmons Turner Tysinger Walker Wessels
Russell Stumbaugh Summers Sutton

1447

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 656. By Representatives Johnson, Benef ield, Wood and Lee of the 72nd:
A bill to amend Code Section 24-2805, relating to bonds which must be given by sheriffs, so as to provide for conditions of liability under the sheriff's bond.
Senate Sponsor: Senators Johnson of the 34th and Starr of the 44th.

The Senate Committee on Special Judiciary offered the following substitute to HB
656:
A BILL
To be entitled an Act to amend Code Section 24-2805, relating to bonds which must be given by sheriffs, as amended by an Act approved March 31, 1965 (Ga. Laws 1965, p. 448), and by an Act approved April 18, 1975 (Ga! Laws 1975, p. 921), so as to provide for conditions of liability under the sheriff's bond; 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 24-2805, relating to bonds which must be given by sheriffs, as amended by an Act approved March 31, 1965 (Ga. Laws 1965, p. 448), and by an Act approved April 18, 1975 (Ga. Laws 1975, p. 921), is hereby amended by adding at the end thereof the following:
"Provided that no claim or cause of action shall exist against the bond, the security or the principal, and no claim or cause of action for any indemnification by the security or the principal shall exist, unless one of the following conditions exists:
(1) The principal personally benefits financially from the act com plained of; or
(2) The principal was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of.",
so that when so amended Code Section 24-2805 shall read as follows:
"24-2805. They shall also give a bond, with at least two sureties, in the sum of $25,000 which amount may be increased in any county by local Act, conditioned for the faithful performance of their duties as sheriffs, by themselves, their deputies, and their jailers, and upon the terms required by law. Provided that no claim or cause of action shall ex ist against the bond, the security or the principal, and no claim or cause of action for any indemnification by the security or the principal shall ex ist, unless one of the following conditions exists:
(1) The principal personally benefits financially from the act com plained of; or
(2) The principal was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to HB 656 offered by the Senate Committee on Special Judiciary by striking line 25 on Page 1 in its entirety and inserting in lieu thereof the following:
"complained of; or
3. The principal failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury com plained of.',".

WEDNESDAY, FEBRUARY 13, 1980

1449

By striking line 19 on Page 2 in its entirety and inserting in lieu thereof the following:
"complained of; or
3. The principal failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury com plained of.' "

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans

Fincher of 54th Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee)
Coverdell Fincher of 52nd

Foster Holloway
(excused conferee) Hudgins

Langford Riley (excused conferee)
Stumbaugh Summers

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill 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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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Greene Hill Horton Hudson Johnson Kennedy Kidd Land Lester McGill Overby Paulk

Those not voting were Senators:

Bond Broun of 46th (excused conferee) Brown of 47th Coverdell Foster

Holloway (excused conferee) Howard Hudgins Langford

On the passage of the bill, the yeas were 42, nays 0.

Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Littlefield Riley (excused conferee) Stumbaugh Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that the following bill of the House be withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Special Judiciary:

HB 1458. By Representative Evans of the 84th:
A bill to amend Code Chapter 91A-60, relating to specific business and oc cupation taxes, so as to clarify the authority of cities to license and tax businesses, trades, and professions licensed by the State.
On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1458 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Special Judiciary.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

WEDNESDAY, FEBRUARY 13, 1980

1451

HB 1131. By Representatives Phillips of the 125th, Tuten of the 153rd and Culpepper of the 98th:
A bill to amend Code Title 88, relating to public health, so as to require notice to certain courts and their prosecuting attorneys concerning petitions for the release of alcohol or drug dependent, mentally ill, and mentally retarded persons detained by the order of such courts under Code Section 27-1502 or 27-1503.
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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Foster

Holloway (excused conferee) Littlefield Riley (excused conferee)

Stumbaugh Summers Tysinger

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 1370. By Representatives Davis of the 99th, Pilewicz of the 41st and Vaughn of the 57th:
A bill to amend Code Section 26-1601, relating to burglary, so as to change the provisions relating to the definition of burglary; to provide for clarifica tion with respect to penalties.
Senate Sponsors: Senators Allgood of the 22nd and Stephens of the 36th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 1370 on Page 1, line 4 by adding in the title immediately preceding the words "to provide", the following:
"to define the term 'railroad car' for the purposes of Code Section 26-1601;",
and
By adding in Section 1 of Page 1, line 22 and in Section 1 of Page 2, line 8 following the sentence ending with the word "years", the following:
"For the purposes of this Code section, the term 'railroad car' shall also include trailers on flat cars, containers on flat cars, trailers on railroad property or containers on railroad property."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Gillis Greene Hill Horton Howard Hudgins Hudson

Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley

WEDNESDAY, FEBRUARY 13, 1980

1453

Robinson Russell Scott Stephens

Sutton Tate Thompson Timmons

Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell

Foster Holloway (excused conferee)

Starr Stumbaugh Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1391. By Representatives Parham of the 109th and Harris of the 8th: A bill to provide for the licensure of home health agencies and applications therefor; to exempt home health services provided under certain conditions.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Human Resources offered the following substitute to HB 1391:
A BILL
To be entitled an Act to provide for the licensure of home health agen cies and applications therefor; to exempt home health services provided under certain conditions; to provide for definitions; to authorize and direct the Department of Human Resources to develop rules, standards, and regulations governing the regulation of licensed home health agencies; to provide for certain actions relating to licenses; to provide for inspections; to provide for penalties; to provide for application of certificate of need and ex emptions therefrom; to provide for fees; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Exemptions. This Act shall not apply to services which are provided under the following conditions:
(1) Persons who provide personal or para-professional health ser vices, either with or without compensation when there is no claim that the service is provided as a part of a licensed home health agency;
(2) Persons who provide professional services for which they are du ly licensed under Georgia laws, when there is no claim that the service is provided as a part of a licensed home health agency;

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JOURNAL OF THE SENATE,

(3) Services provided under the provisions of any other license issued by the State of Georgia when there is no claim that the service is provided as a part of a licensed or certified home health agency.
Section 2. Definitions. In this Act:
(1) "Board" shall mean the Board of Human Resources.
(2) "Department" shall mean Georgia Department of Human Resources.
(3) "Home health agency" shall mean a public, nonprofit, or pro prietary organization, whether owned or operated by one or more per sons or legal entities, which is primarily engaged in furnishing health ser vices.
(4) "Home health services" shall mean those items and services fur nished to an individual, according to a written plan of treatment signed by the patient's physician, by a home health agency or others under ar rangement with the home health agency, on a visit or hourly basis, in a place of temporary or permanent residence used as the individual's home as follows:
(a) Part-time or intermittent skilled nursing care as ordered by a physician and provided by or under the supervision/of a registered nurse and at least one other service listed below;
(b) Physical, occupational, or speech therapy;
(c) Medical social services;
(d) Home health aide services;
(5) "Plan of treatment" means a plan written, signed, and reviewed at least every two months by the patient's physician prescribing items and services for the patient's condition.
(6) "Parent home health agency" shall mean the agency that develops and maintains administrative controls of subunits or branch of fices.
(7) "Subunit" shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. The subunit by virtue of the distance between it and the parent agency is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency, and must, therefore, in dependently meet the licensing requirements for a home health agency, and shall be separately licensed.
(8) "License" shall mean a license issued by the department.
(9) "Licensee" shall mean the individual, corporation, or public en tity with whom rests the ultimate responsibility for maintaining approv ed standards for the home health agency.

WEDNESDAY, FEBRUARY 13, 1980

1455

(10) "Registered nurse" shall mean an individual who is currently licensed as a registered professional nurse in this state.
(11) "Physician" shall mean an individual currently licensed or authorized to practice medicine, surgery, or osteopathy in this state.
(12) "Branch office" shall mean a location or site identified in the application or endorsement thereto from which a home health agency provides services within a portion of the total geographic area served by the parent agency. The branch office is part of the home health agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch in dependently to meet the requirements of this Act.
Section 3. Licensing requirement. No person, private or public organization, political subdivision, or other governmental agency may operate a home health agency as defined herein without first obtaining a license from the department. A license issued under this Act is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this Act.
Section 4. Application for a license. Any person, organization, or agency desiring to operate a home health agency shall file with the depart ment an application on a form prescribed, prepared, and furnished by the department. The application shall contain such information as the depart ment may require which is reasonably related to the department's licensure, purpose, and function.
Section 5. Rules and standards. The department shall promulgate regulations which define standards for the care, treatment, health, safety, welfare, and comfort of patients served by home health agencies, and for the maintenance and operation of home health agencies which will promote safe and adequate care and treatment of the patients. These regulations shall be no less stringent than those required for participation of home health agencies in the Title XVIII (medicare) program and shall include, but not be limited to: a provision requiring the agency to have policies established by a professional group, which includes at least one physician and one registered nurse and appropriate representation from other professional disciplines; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treat ment prescribed by a physician. The department is authorized to issue, deny, suspend, or revoke licenses in accordance with regulations prom ulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.
Section 6. Inspections. Each home health agency for which a license has been issued shall be periodically inspected by an authorized represen tative of the department. Such inspections shall be for the purpose of ensur ing that the provisions of this Act are being followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician; provid ed, however, that an agency shall be exempt from an additional on-site licensure inspection if certified in a federal program for reimbursement of medicare or medicaid services.

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JOURNAL OF THE SENATE,
Section 7. Penalties. Any person who operates a home health agency without first obtaining a license pursuant to the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not to exceed $500.00 or imprisoned for a period not to exceed six months or both.
Section 8. Certificate of need. No home health agency initiating ser vice or extending the range of its service area shall be licensed unless the State Health Planning and Development Agency determines, in accordance with the Georgia Certificate of Need law and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the Federal Social Security Act prior to such date shall be exempt from a cer tificate of need.
Section 9. Fee system. The department is hereby authorized to establish by standards and policies a fee system which will be applied to all subjects of this Act in order to defray the actual expenses which are incurred by discharging the obligations of this Act.
Section 10. Severability. If any provisions of this Act, or the applica tion thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or cir cumstances shall not be affected thereby.
Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Howard of the 42nd offered the following amendment:
Amend the substitute to HB 1391 offered by the Senate Committee on Human Resources by adding on Page 2, line 14, after the word "furnishing" the following:
"home".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 1980

1457

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Broun of 46th (excused conferee) Brown of 47th

Coverdell Foster

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Stumbaugh Summers

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 President announced that the Senate would stand in recess from 3:35 o'clock P.M. until 5:23 o'clock P.M.

At 5:23 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:

HB 1422. By Representatives Richardson of the 52nd, Pinkston of the 100th, Swann of the 90th and others:
A bill to amend an Act providing for the licensure of applied psychologists, so as to add a consumer member to the board and to provide for the appoint ment and term of such member.
Senate Sponsor: Senator Howard of the 42nd.

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JOURNAL OF THE SENATE,

The Senate Committee on Human Resources offered the following amendment:

Amend HB 1422 by striking from Page 4, lines 29 through 32 the following sentence:
"The consumer member may vote only on matters which do not directly relate to practical and scientific examination of psychologists licensed under this Act."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley
Brown of 47th Bryant Carter
Cobb Dean Eldridge English
Fincher of 52nd Foster

Gillis Greene Hill Horton Howard Hudgins
Hudson Johnson Kennedy
Kidd Land Langford Lester
Littlefield McGill

Overby Paulk Reynolds Robinson Russell Starr
Stumbaugh Sutton Tate
Thompson Timmons Turner Tysinger
Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th (excused conferee) Coverdell Evans

Fincher of 54th Holloway (excused conferee) Riley (excused conferee)

On the passage of the bill, the yeas were 45, nays 0.

Scott Stephens Summers

The bill, having received the requisite constitutional majority, was passed as amended.

WEDNESDAY, FEBRUARY 13, 1980

1459

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 752. By Representatives Murphy of the 18th and Harris of the 8th: A resolution relative to adjournment.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1455. By Representatives Johnson of the 74th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Code Section 13-207.1, relating to bank holding companies, so as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger.
Senate Sponsor: Senator Allgood of the 22nd.

Senator Paulk of the 13th offered the following amendment:

Amend HB 1455 by adding between lines 25 and 26 of Page 1 a new paragraph to read as follows:
"The Commissioner shall not be authorized to approve any action by a holding company under this section if the subsidiary banks of the holding company after the action would control 12'/2 percent or more of the bank deposits insured by the Federal Deposit Insurance Corporation in the State of Georgia."

Senator Paulk of the 13th offered the following amendment:
Amend HB 1455 by inserting on line 5 of Page 1 after "merger;" the following:
"to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide certain conditions under which the Commissioner of Banking and Finance may not approve or permit the establishment of certain bank offices or bank facilities;".

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JOURNAL OF THE SENATE,
By inserting between lines 25 and 26 of Page 1 a new section, to be designated Section 2, to read as follows:
"Section 2. Code Section 13-203.1, relating to bank offices and bank facilities, as amended, is hereby amended by adding at the end of subsection (c) a new paragraph, to be designated paragraph (5), to read as follows:
'(5) Notwithstanding the authority contained in this subsection (c), the Commissioner of Banking and Finance may not approve or permit the establishment of a bank office or a bank facility by a parent bank or a branch bank in any county where the branch bank was established by merger of a bank into a subsidiary bank of a bank holding company under Code Section 13-207.1 (e), if after such approval the total number of bank offices and bank facilities of the applicant in the county where the branch bank was acquired by merger is situated would exceed the total number of bank offices and bank facilities of the acquired bank in the county at the time of its merger into a subsidiary bank of the holding company under Code Section 13-207.1 (e).' "
By renumbering Section 2 as Section 3.

Senator Paulk of the 13th offered the following amendment:

Amend HB 1455 by striking lines 11 through 25 of Page 1 and inserting in lieu thereof the following:
"(e) Notwithstanding any other provisions of this title, after a bank holding company has obtained approval from the Federal Reserve Board pursuant to the Bank Holding Company Act of 1956, as amended, and approval from the Commissioner of Banking and Finance pursuant to this Act for a bank to become a subsidiary of the bank holding company, it may at its option elect, with the prior approval of the Commissioner of Banking and Finance, to acquire, merge with and/or operate such bank as a branch of another of such holding company's bank subsidiaries without such subsidiary becoming a bank holding company.
Nothing in this subsection (e) shall be deemed to supersede, rescind or modify any provision, requirement, or condition of this Section 207.1, which would otherwise be applicable to any acquisition of a banking subsidiary by a bank holding company thereunder."

Senator Paulk of the 13th asked unanimous consent that the amendments be withdrawn; the consent was granted.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 1980

1461

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Brantley Eldridge Fincher of 54th Greene Holloway Howard

Hudgins Hudson Johnson Kidd Land Langford Lester Littlefield Riley

Robinson Russell Scott Stumbaugh Sutton Tate Thompson Tysinger Wessels

Those voting in the negative were Senators:

Ballard Barker Brown of 47th Bryant Carter Cobb Dean English

Fincher of 52nd Foster Gillis Hill Horton Kennedy McGill

Those not voting were Senators:

Broun of 46th (excused conferee)

Coverdell Evans

Overby Paulk Reynolds Starr Timmons Turner Walker
Stephens Summers

On the passage of the bill, the yeas 28, nays 22.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Allgood of the 22nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1455.
The following bill of the House was read the first time and referred to committee:
HB 657. By Representatives Wood of the 72nd and Martin of the 60th: A bill to amend an Act known as the Employment Security Law (formerly the Unemployment Compensation Law) so as to stike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount; to prevent an additional ten percent tax increase to all employers effective January 1, 1980.
Referred to Committee on Industry, Labor and Tourism.

1462

JOURNAL OF THE SENATE,

The following resolution of the House was read and adopted:

HR 752. By Representatives Murphy of the 18th and Harris of the 8th:
A resolution relative to adjournment by the General Assembly at 7:00 o'clock P.M. on February 13, 1980, and to reconvene at 9:30 o'clock A.M. on February 15, 1980.

The President announced that the Senate would stand in recess from 6:15 o'clock P.M. until 7:00 o'clock P.M. today, at which time the Senate would stand adjourned, pursuant to the provisions of HR 752, previously adopted, until Friday, February 15, at 9:30 o'clock A.M.

FRIDAY, FEBRUARY 15, 1980

1463

Senate Chamber, Atlanta, Georgia Friday, February 15, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Dean of the 31st moved that the Senate reconsider its action of February 13, 1980, in passing the following bill of the Senate:

SB 289. By Senators Scott of the 43rd and Broun of the 46th:
A bill to amend Code Section 32-937, relating to admissions to the common schools of this State, as amended, so as to provide for tuition fees in certain instances; to provide for a determination of the amount of these fees; to pro vide for the use of the monies collected; to provide for rules and regulations.

On the motion, the yeas were 39, nays 1; the motion prevailed, and SB 289 was reconsidered and placed at the foot of the Rules Calendar.

Senator Allgood of the 22nd moved that the Senate reconsider its action of February 13, 1980, in defeating the following bill of the House:

HB 1455. By Representatives Johnson of the 74th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Code Section 13-207.1, relating to bank holding companies, so as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger.

On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Brantley Broun of 46th Coverdell Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Greene Holloway Howard Hudgins Hudson Johnson Kidd Land Langford Lester

Littlefield Riley Robinson Russell Scott Stephens Stumbaugh Sutton Tate Thompson Wessels

1464

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Brown of 47th Carter Cobb English Foster

Gillis Kennedy McGill Overby Paulk

Reynolds Starr Timmons Turner Walker

Those not voting were Senators:

Bond Bryant

Hill Horton

Summers Tysinger

On the motion, the yeas were 33, nays 16; the motion prevailed, and HB 1455 was reconsidered and placed at the foot of the General Calendar.

Senator Sutton of the 9th moved that the Senate reconsider its action of February 13, 1980, in passing the following bill of the House:
HB 50. By Representatives Richardson of the 52nd and Vaughn of the 57th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations.

On the motion, the yeas were 44, nays 1; the motion prevailed, and HB 50 was .reconsidered and placed at the foot of the Rules Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1507. By Representative Beal of the 28th:
A bill to amend an Act creating a Purchasing Department in certain coun ties of this State, so as to change the procedures relative to emergency pur chases; to change the provisions relative to purchases without competitive bids.

FRIDAY, FEBRUARY 15, 1980

1465

HB 1556. By Representative Lambert of the 112th:
A bill to amend the "Greene County Development Authority Act", so as to delete from said Act provisions relating to definitions of certain terms, pur poses of the authority, issuance of bonds by the authority, functions of the authority, contracts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons handling funds, and public debt.

HB 1670. By Representatives Gignilliat of the 122nd, Battle of the 124th, Hill of the 127th and others:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to fur ther define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority.

HB 1682. By Representatives Wall of the 61st, Martin of the 60th, and Phillips of the 59th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide that the governing body of Gwinnett County shall fix the compensation of the judge.

HB 1685. By Representatives Moore of the 152nd, Moody of the 138th, Smith of the 152nd and Greene of the 138th:
A bill to provide a new charter for the City of Nahunta.

HB 1688. By Representative Johnson of the 74th:
A bill to amend an Act incorporating and granting a new charter to the city of Covington, so as to authorize the city to purchase, construct, operate, and maintain a cable television system within the city limits, in unincorporated areas of Newton County with the agreement of the county, and in other municipalities within the county with the agreement of the municipalities.

HB 1689. By Representative Chance of the 129th:
A bill to provide for the election of the members of the board of education of Effingham County.

HB 1690. By Representative Hanner of the 130th: A bill to create and establish a Small Claims Court in and for Clay County.

HB 1691. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner.

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JOURNAL OF THE SENATE,

HB 1703. By Representatives Fortune and Mostiler of the 71st, Benefield 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 provide for jurisdiction over county or dinances.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 623. By Representatives Mostiler and Fortune of the 71st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the County of Fayette to appropriate property, money, and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of Fayette County for the purpose of promoting and en couraging the locating and expansion of industrial and commercial facilities.

HR 674. By Representatives Da vis of the 99th, Home of the 104th, Birdsong of the 103rd and others:
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 Bibb County.

HR 675. By Representatives Marcus of the 26th, Russell of the 64th and Parham of the 109th:
A resolution to override and void certain rules and regulations of the State Health Planning and Development Agency relating to certificate of need and Section 1122 reviews.

HR 676. By Representatives Smith and Moore of the 152nd, Moody and Greene 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 Brantley County shall have jurisdiction.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 546. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the city of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), so as to change the provisions relating to the powers of the mayor in connection

FRIDAY, FEBRUARY 15, 1980

1467

with the preparation, adoption, or veto of annual budgets for the operation of the city.

SB 547. By Senator Kidd of the 25th:
A bill to amend an Act creating the Magistrate's Court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates.

SB 548. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin Coun ty, as amended, so as to provide for the election of board members from districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office.

SB 326. By Senators Littlefield of the 6th, Eldridge of the 7th and Kennedy of the 4th:
A bill to provide for one additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of first such additional judge by the Governor; to provide for election of suc cessors to the judge initially appointed; to prescribe powers of said judge.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 348. By Senators McGill of the 24th, Foster of the 50th, Walker of the 19th and others:
A bill to amend Code Chapter 72-1, relating to nuisances, as amended, so as to provide that agricultural or farming operations, places, establishments, or facilities shall not be deemed to be a nuisance as a result of changed con ditions in or around the locality of such operation, place, establishment, or facility under certain conditions.

The House had disagreed to the Senate amendment to the following bill of the House:
HB 1103. By Representative McDonald of the 12th: A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for fire fighters.
The House has agreed to the Senate substitutes to the following bills of the House:

1468

JOURNAL OF THE SENATE,

HB 228. By Representatives Watson of the 114th, Kemp of the 139th, Coleman of the 118th and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general so as to provide that all insurance contracts of accident and sickness insurance shall provide that the insured shall have full freedom of choice in the selection of a doctor of chiropractic.

HB 717. By Representative McKinney of the 35th:
A bill to amend Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries or airports owned or operated, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries.

The House has agreed to the Senate amendment to the following resolution of the House:
HR 458. 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 a homestead exemption of $8,000.00 from all Houston County and Houston County School District ad valorem taxes for each resident of Houston Coun ty 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 $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits.
The House adheres to its position in disagreeing to the Senate substitutes, and has appointed Committees of Conference to confer with like committees on the part of the Senate on the following bills of the House:
HB 701. By Representative Hatcher of the 131st:
A bill to amend Code Section 46-104, relating to additional summons of gar nishment, so as to provide that no additional summons of garnishment shall issue on the same affidavit after a certain time period, but plaintiffs may file subsequent affidavits until the debt is paid or the proceeding is otherwise ter minated.
The Speaker has appointed on the part of the House, Representatives Knight of the 67th, Walker of the 115th, and Hatcher of the 131st.

FRIDAY, FEBRUARY 15, 1980

1469

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide con version privileges for insured former spouses.

The Speaker has appointed on the part of the House, Representatives Pinkston of the 100th, Birdsong of the 103rd and Walker of the 115th.

The House has agreed to the Senate amendment to the following bill of the House:

HB 284. By Representatives Robinson of the 58th, Rowland of the 119th, Evans of the 84th and others:
A bill to amend an Act providing for and declaring the rights of blind and visually handicapped persons to equal public accommodations and housing so as to provide for the rights of deaf persons.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 431. By Representatives Lane of the 40th, Smith of the 42nd and Carnes of the 43rd:
A resolution compensating Mr. and Mrs. Carlos Mason Hemperley III.

HR 448. By Representatives Jackson, Wood and Lawson of the 9th: A resolution compensating Mr. Johnny E. Simmons.

HR 471. By Representative Phillips of the 125th:
A resolution proposing an amendment to the Constitution so as to provide that a court shall render judgements without the intervention of a jury in certain actions ex delicto.

HR 472. By Representatives Robinson of the 58th, Mangum of the 56th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to authorize any county or municipality of this State to establish an employees' sugges tions and awards program to reward meritorious service and to authorize such politicial subdivisions to expend public funds for such purposes.

HR 485. By Representative Galer of the 97th: A resolution compensating Ms. Teresa M. Callaway.

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JOURNAL OF THE SENATE,

HR 514. By Representatives Cox of the 141st, Murphy of the 18th, Harrison of the 20th and others:
A resolution creating the Joint Emergency Medical Services Study Commit tee.

HR 545. By Representative Clifton of the 121st: A resolution compensating Mr. Tom W. Thomas, Jr.

HR 546. By Representative Clifton of the 121 st: A resolution compensating Mr. Carl E. Shoemaker.

HR 547. By Representative Clifton of the 121st: A resolution compensating Mr. Ben Forest.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 787. By Representative Battle of the 124th:
A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975" so as to remove all references to registered certified speciality geologists.

HB 894. By Representatives Dixon of the 151st and Thompson of the 93rd:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to clarify the legislative intent; to prohibit practices which result in a nonuniform effect of the local beer tax.

HB 1035. By Representatives Nix of the 20th, Cooper and Kaley of -the 19th and Housleyof the 21st:
A bill to amend an Act regulating the preparation, contents and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums, so as to change the provisions relating to microfilming procedures.

HB 1153. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 2 7th and others:
A bill to amend the "Executive Reorganization Act of 1972", so as to change the composition of the Board of Public Safety.

FRIDAY, FEBRUARY 15, 1980

1471

HB 1254. By Representatives Colwell of the 4th, Dover of the 11 th, Williams of the 6th and others:
A bill to amend Code Title 114; relating to Workers' Compensation, so as to provide that corporate officers may elect to be exempt from coverage under the Workers' Compensation Law.

HB 1330. By Representatives Nichols of the 27th; Dixon of the 151st, Crosby of the 150th and others:
A bill to amend the Code of Georgia of 1933; so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933.

HB 1344. By Representative Knight of the 67th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers, so as to change the provi sions relative to contributions to the health insurance plan from state and local funds.

HB 1403. By Representative Knight of the 67th:
A bill to amend Code Chapter 88-19; relating to regulations of hospitals and related institutions, so as to provide for the grant or denial of medical staff privileges to licensed medical practitioners.

HB 1404. By Representative Knight of the 67th:
A bill to amend Code section 84-611, relating to limitations on advertising by podiatrists, so as to change the limitations on advertising.

HB 1448. By Representatives Smyre of the 92nd and Marcus of the 26th: A bill to amend an Act creating the Georgia State Board of Physical Therapy, so as to add a consumer member and provide for terms, qualifica tions, and voting.
HB 1470. By Representative Gammage of the 17th: A bill to amend Code Chapter 21-1, relating to coroners in general, so as to provide for deputy coroners and their appointment and compensation.
HB 1510. By Representative Richardson of the 52nd: A bill to amend an Act creating a Joint Advisory Board of Family Practice, so as to change the standards for certain training programs.

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JOURNAL OF THE SENATE,

HB 1561. By Representative Beck of the 148th:
A bill to amend Code Section 41A-207 to limit borrowing by Dept. of Bank ing and Finance personnel from subsidiaries of financial institutions and to expand the requirement that certain permitted undertakings be reported to the Attorney General.

HB 1607. By Representative Walker of the 115th:
A bill to provide that whenever a party receives a subpoena for a record or records having to do with a service furnished to another that notice of such subpoena shall be given to such person.

HB 1640. By Representatives Bray of the 70th, Wall of the 61st, Hawkins of the 50th and others:
A bill to amend an Act known as the "Public Officers Recall Act", so as to define "official sponsors" or "sponsors"; to provide for the number of elec tors necessary to petition the recall of public officers; to provide for the number of electors to serve as official sponsors of the application for a recall petition.
HB 1679. By Representatives Harris of the 8th, Marcus of the 26th, Lambert of the 112th and others:
A bill to create the Great Park Authority; to provide for the composition, ap pointment, and terms of office of the authority members.

HB 1701. By Representatives Walker of the 115th, Lane of the 81st, Snow of the 1st and Colwell of the 4th:
A bill to provide for additional and alternative methods and powers for the institution and prosecution of criminal proceedings involving property of the Department of Transportation; to provide for the institution and pros ecution of certain criminal proceedings by the Attorney General.

HB 1314. By Representative Ware of the 68th:
A bill to create the "Georgia Life and Health Insurance Guaranty Associa tion", to provide for a short title; to provide for the purpose, scope, and con struction of this Act; to provide for definitions; to provide for a board of directors; to provide for the powers and duties of the association.

The House had adopted by the requisite constitutional majority the following resolution of the House:

HR 666. By Representative Walker of the 115th:
A resolution requesting the Georgia National Guard to designate the Na tional Guard Armory located in Perry, Georgia, as "The General Courtney Hicks Hodges Armory".

FRIDAY, FEBRUARY 15, 1980

1473

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 598. By Senator Cobb of the 28th:
A bill to amend an Act comprehensively governing the treatment of alcoholism and intoxication, as amended, so as to make it unlawful for any person to be incapacitated by alcohol in certain places; to declare policy; to prescribe conditions for prosecution.
Referred to Committee on Special Judiciary.

SB 599. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, as amended, so as to change certain population brackets.
Referred to Committee on Community Aftairs.

SB 600. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend Code Section 87-201, relating to the manner in which elec tions shall be held by counties, municipalities, or divisions on the issuance of bonds, as amended, so as to change certain population brackets; to provide an effective date.
Referred to Committee on Community Affairs.

SB 601. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act amending Code Section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, as amended, so as to change certain population brackets and to provide that coroner's salary shall be provided in another Act.
Referred to Committee on Community Affairs.

SB 602. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act providing a method of payment to superior court judges emeritus who are requested to serve in certain counties so as to change certain population brackets.
Referred to Committee on Community Affairs.

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JOURNAL OF THE SENATE,

SB 603. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to specifically repeal an Act changing the compensation of the judges of the juvenile courts in certain counties of this state having a population of not less than 250,000 and not more than 500,000, according to the United States Decennial Census of 1970, or any future such census.
Referred to Committee on Community Affairs.

SB 604. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act prohibiting, without county approval, the annexa tion of any unincorporated area by any municipality in any county which provides certain services so as to change certain population figures.
Referred to Committee on Community Affairs.

SB 605. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to specifically repeal an Act fixing the compensation of the solicitors of state courts of certain counties having a population of not less than 300,000 or more than 600,000, according to the United States Decennial Census of 1970 or any future such census.
Referred to Committee on Community Affairs.

SB 606. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act providing for a Board of Registrations and Elections in certain counties so as to change certain population brackets. Referred to Committee on Community Affairs.

SB 607. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend Code Chapter 24-27, relating to clerks of the superior courts, as amended, so as to change certain population brackets. Referred to Committee on Community Affairs.

SB 608. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act empowering certain counties and cities to adopt a "mapped streets plan", as amended, so as to change certain population brackets.
Referred to Committee on Community Affairs.

FRIDAY, FEBRUARY 15, 1980

1475

SB 609. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act providing for a maximum outside width for certain buses in counties of this state having a population of 256,000 or more ac cording to the most recent United States census, as amended, so as to change certain population brackets.
Referred to Committee on Community Affairs.

SR 348. By Senators Johnson of the 34th, Hudson of the 35th, Stephens of the 36th and others:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the College Park Business and Industrial Develop ment Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to pro vide for the method and manner of such issuance and for validation thereof; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

SR 349. By Senators Lester of the 23rd, Reynolds of the 48th, Gillis of the 20th and others: A resolution creating the State Patrol Station Study Committee.
Referred to Committee on Rules.
SR 352. By Senator Foster of the 50th: A resolution creating the Lake Sidney Lanier Study Committee.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:
HB 787. By Representative Battle of the 124th: A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975" so as to remove all references to registered certified speciality geologists.
Referred to Committee on Natural Resources and Environmental Quality.

HB 894. By Representatives Dixon of the 151st and Thompson of the 93rd:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to clarify the legislative intent; to prohibit practices which result in a nonuniform effect on the local beer tax. Referred to Committee on Consumer Affairs.

1476

JOURNAL OF THE SENATE,

HB 1035. By Representatives Nix of the 20th, Cooper and Kaley of the 19th and Housley of the 21 st:
A bill to amend an Act regulating the preparation, contents and recording of maps and plats of surveys of tracts or bodies of land, site plans and con dominiums, so as to change the provisions relating to microfilming pro cedures.
Referred to Committee on Special Judiciary.

HB 1153. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend the "Executive Reorganization Act of 1972", so as to change the composition of the Board of Public Safety. Referred to Committee on Governmental Operations.

HB 1254. By Representatives Colwell of the 4th, Dover of the 11th, Williams of the 6th and others:
A bill to amend Code Title 114, relating to Workers' Compensation, so as to provide that corporate officers may elect to be exempt from coverage under the Workers' Compensation Law.
Referred to Committee on Industry, Labor and Tourism.

HB 1314. By Representative Ware of the 68th:
A bill to create the "Georgia Life and Health Insurance Guaranty Associa tion"; to provide for a short title; to provide for the purpose, scope, and con struction of this Act; to provide for definitions; to provide for a board of directors; to provide for the powers and duties of the association.
Referred to Committee on Banking, Finance and Insurance.

HB 1330. By Representatives Nichols of the 27th, Dixon of the 151st, Crosby of the 150th and others:
A bill to amend the Code of Georgia of 1933, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933.
Referred to Committee on Banking, Finance and Insurance.

HB 1344. By Representative Knight of the 67th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers, so as to change the provi sions relative to contributions to the health insurance plan from state and local funds.
Referred to Committee on Education.

FRIDAY, FEBRUARY 15, 1980

1477

HB 1403. By Representative Knight of the 67th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, so as to provide for the grant or denial of medical staff privileges to licensed medical practitioners. Referred to Committee on Human Resources.

HB 1404. By Representative Knight of the 67th:
A bill to amend Code Section 84-611, relating to limitations on advertising by podiatrists, so as to change the limitations on advertising. Referred to Committee on Human Resources.

HB 1448. By Representatives Smyre of the 92nd and Marcus of the 26th: A bill to amend an Act creating the Georgia State Board of Physical Therapy, so as to add a consumer member and provide for terms, qualifica tions and voting.
Referred to Committee on Human Resources.
HB 1470. By Representative Gammage of the 17th: A bill to amend Code Chapter 21-1, relating to coroners in general, so as to provide for deputy coroners and their appointment and compensation.
Referred to Committee on Special Judiciary.
HB 1510. By Representative Richardson of the 52nd: A bill to amend an Act creating a Joint Advisory Board of Family Practice, so as to change the standards for certain training programs.
Referred to Committee on Human Resources.

HB 1561. By Representative Beck of the 148th:
A bill to amend Code Section 41A-207 to limit borrowing by Department of Banking and Finance personnel from subsidiaries of financial institutions and to expand the requirement that certain permitted undertakings be reported to the Attorney General.
Referred to Committee on Banking, Finance and Insurance.

HB 1607. By Representative Walker of the 115th:
A bill to provide that whenever a party receives a subpoena for a record of records having to do with a service furnished to another that notice of such subpoena shall be given to such person. Referred to Committee on Judiciary.

1478

JOURNAL OF THE SENATE,

HB 1640. By Representatives Bray of the 70th, Wall of the 61st, Hawkins of the 50th and others:
A bill to amend an Act known as the "Public Officers Recall Act", so as to define "official sponsors" or "sponsors"; to provide for the number of elec tors necessary to petition the recall of public officers; to provide for the number of electors to serve as official sponsors of the application for a recall petition.
Referred to Committee on Governmental Operations.

HB 1679. By Representatives Harris of the 8th, Marcus of the 26th, Lambert of the 112th and others:
A bill to create the Great Park Authority; to provide for the composition, ap pointment and terms of office of the authority members. Referred to Committee on Rules.

HB 1701, By Representatives Walker of the 115th, Lane of the 81st, Snow of the 1st and Colwell of the 4th:
A bill to provide for additional and alternative methods and powers for the institution and prosecution of criminal proceedings involving property of the Department of Transportation; to provide for the institution and pro secution of certain criminal proceedings by the Attorney General.
Referred to Committee on Judiciary.

HB 1507. By Representative Beal of the 28th:
A bill to amend an Act creating a purchasing department in certain counties of this State, so as to change the procedures relative to emergency purchases; to change the provisions relative to purchases without com petitive bids.
Referred to Committee on Community Affairs.

HB 1556. By Representative Lambert of the 112th:
A bill to amend the "Greene County Development Authority Act", so as to delete from said Act provisions relating to definitions of certain terms, purposes of the authority, issuance of bonds by the authority, func tions of the authority, contracts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons handling funds and public debt. Referred to Committee on Community Affairs.
HB 1670. By Representatives Gignilliat of the 122nd, Battle of the 124th, Hill of the 127th and others:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to fur-

FRIDAY, FEBRUARY 15, 1980

1479

ther define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority.
Referred to Committee on Community Affairs.

HB 1682. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide that the governing body of Gwinnett County shall fix the compensation of the judge.
Referred to Committee on Community Affairs.

HB 1685. By Representatives Moore of the 152nd, Moody of the 138th, Smith of the 152nd and Greene of the 138th:
A bill to provide a new charter for the City of Nahunta. Referred to Committee on Community Affairs.

HB 1688. By Representative Johnson of the 74th:
A bill to amend an Act incorporating and granting a new charter to the City of Covington, so as to authorize the city to purchase, construct, operate and maintain a cable television system within the city limits, in unincorporated areas of Newton County with the agreement of the county, and in other municipalities within the county with the agreement of the municipalities.
Referred to Committee on Community Affairs.

HB 1689. By Representative Chance of the 129th:
A bill to provide for the election of the members of the board of education of Effingham County. Referred to Committee on Community Affairs.

HB 1690. By Representative Hanner of the 130th: A bill to create and establish a Small Claims Court in and for Clay County.
Referred to Committee on Community Affairs.

HB 1691. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner. Referred to Committee on Community Affairs.

1480

JOURNAL OF THE SENATE,

HB 1703. By Representatives Fortune and Mostiler of the 71st, Benefield, Lee, Wood and Johnson of the 72nd:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, so as to provide for jurisdiction over county or dinances.
Referred to Committee on Community Affairs.

HR 623. By Representatives Mostiler and Fortune of the 71st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the County of Fayette to appropriate property, money, and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of Fayette County for the purpose of promoting and en couraging the locating and expansion of industrial and commercial facilities.
Referred to Committee on Community Affairs.

HR 674. By Representatives Davis of the 99th, Home of the 104th, Birdsong of the 103rd and others:
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 Bibb County.
Referred to Committee on Community Affairs.

HR 676. By Representatives Smith and Moore of the 152nd, Moody and Greene 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 Peace of Brantley County shall have jurisdiction.
Referred to Committee on Community Affairs.

HR 431. By Representatives Lane of the 40th, Smith of the 42nd and Games of the 43rd: A resolution compensating Mr. and Mrs. Carlos Mason Hemperley III in the amount of $4,646.00.
Referred to Committee on Appropriations.
HR 448. By Representatives Jackson of the 9th, Wood and Lawson of the 9th: A resolution compensating Mr. Johnny E. Simmons in the amount of $1,306.50.
Referred to Committee on Appropriations.

FRIDAY, FEBRUARY 15, 1980

1481

HR 485. By Representative Galer of the 97th:
A resolution compensating Ms. Teresa M. Callaway in the amount of $100.00. Referred to Committee on Appropriations.

HR 514. By Representatives Cox of the 141st, Murphy of the 18th, Harrison of the 20th and others:
A resolution creating the Joint Emergency Medical Services Study Commit tee. Referred to Committee on Human Resources.

HR 545. By Representative Clifton of the 121st:
A resolution compensating Mr. Tom W. Thomas, Jr. in the amount of $1,835.36. Referred to Committee on Appropriations.

HR 546. By Representative Clifton of the 121st:
A resolution compensating Mr. Carl E. Shoemaker in the amount of $2,107.00. Referred to Committee on Appropriations.

HR 547. By Representative Clifton of the 121st: A resolution compensating Mr. Ben Forest in the amount of $968.00.
Referred to Committee on Appropriations.

HR 471. By Representative Phillips of the 125th: A resolution proposing an amendment to the Constitution so as to provide that a court shall render judgments without the intervention of a jury in cer tain actions ex delicto.
Referred to Committee on Special Judiciary.
HR 472. By Representatives Robinson of the 58th, Mangum of the 56th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to authorize any county or municipality of this State to establish an employees' sugges tions and awards program to reward meritorious service and to authorize such political subdivisions to expend public funds for such purposes. Referred to Committee on Community Affairs.

1482

JOURNAL OF THE SENATE,

HR 666. By Representative Walker of the 115th:
A resolution requesting the Georgia National Guard to designate the Na tional Guard Armory located in Perry, Georgia, as "The General Courtney Hicks Hodges Armory".
Referred to Committee on Defense and Veterans Affairs.

HR 675. By Representatives Marcus of the 26th, Russell of the 64th and Parham of the 109th:
A resolution to override and void certain rules and regulations of the State Health Planning and Development Agency relating to certificate of need and Section 1122 reviews.
Referred to Committee on Human Resources with instructions that HR 675 be reported back to the Senate on the next legislative day at which time it will be acted upon as provided by law.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1334. Do pass as amended. HB 1554. Do pass.
Respectfully submitted, Senator McGill of the 24th 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 to report the same back to the Senate with the following recommendations:
HB 42. Do pass by substitute. HB 906. Do pass by substitute. HB 1339. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

FRIDAY, FEBRUARY 15, 1980

1483

Your Committee on Banking, Finance and Insurance has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 595. Do pass. SR 341. Do pass. HB 313. Do not pass. HB 708. Do pass. HB 791. Do pass by substitute. HB 1340. Do pass. HB 1487. Do pass. HB 1564. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 594. Do pass. SB 597. Do pass. HB 1038. Do pass. HB 1643. Do pass. HR 634. Do pass. HR 635. Do pass. HR 637. Do pass. HR 644. Do pass. HR 645. Do pass. HR 669. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

1484 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 629. Do pass. HB 1300. Do pass. HB 1416. Do pass by substitute.
Respectfully submitted, Senator Carter of the 14th District, Chairman

Mr. President:
Your Committee on Governmental Operations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1672. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1260. Do pass. HB 1342. Do pass. HB 1373. Do pass as amended.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

FRIDAY, FEBRUARY 15, 1980

1485

Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1506. Do pass. SB 596. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 494. Do pass. HB 390. Do pass by substitute. HB 523. Do pass. HB 711. Do pass by substitute. HB 1135. Do pass. HB 1209. Do pass by substitute. HB 1494. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 480. Do pass. Respectfully submitted, Senator Sutton of the 9th District, Chairman

1486 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Transportation has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 748. Do pass as amended. HB 1283. Do pass. HB 1537. Do pass. HB 1563. Do pass as amended.
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 157. By Senators Langford of the 51st, Ballard of the 45th, Allgood of the 22nd and others:
A bill to amend Code Section 27-405, providing that ttye courts of inquiry of this State shall hear all legal evidence submitted by either party and shall permit the defendant to make his own statement, and to amend Code Sec tion 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, so as to provide that the accused in criminal trials shall have the right to make an unsworn statement.

SB 352. By Senator Wessels of the 2nd:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that the senior judge of the superior court may direct that law library fees be charged and collected in each suit, action, or case in any recorder's court which exercises jurisdiction over both the unincorporated area of a county as well as one or more municipalities within the county.

SB 353. By Senators Robinson of the 27th and Hudson of the 35th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide military service credit to persons who were on active duty in the armed forces of the United States during the period of the Vietnam Conflict; to provide for contributions.

SB 395. By Senators Littlefield of the 6th and Allgood of the 22nd:
A bill to amend Code Section 30-204, relating to revision and enforcement of orders for alimony, as amended, so as to provide that any action or pro cedure to enforce an order allowing alimony shall be brought only in superior court.

FRIDAY, FEBRUARY 15, 1980

1487

SB 398. By Senator Foster of the 50th:
A bill to provide that certain public officers and employees who are compen sated on a fee basis or on a salary supplemented by a fee shall disclose cer tain information; to provide that this information shall be published in the county organ; to provide for related matters; to provide an effective date.

SB 441. By Senator Tysinger of the 41 st:
A bill to amend Code Chapter 27-2, relating to arrests, as amended, so as to provide that law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registra tion, maintenance, and inspection of motor vehicles by the issuance of a citation.

SB 456. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to create and establish a long-term care Resident's Bill of Rights' to provide for legislative intent; to provide for definitions; to provide for responsibilities of long-term care facilities; to provide for penalties; to pro vide for an effective date.

SB 459. By Senators Fincher of the 54th, Gillis of the 20th, Broun of the 46th and others:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Member ship in said system; to provide for a Board of Trustees of said system and for the administration of its affairs", as amended, so as to change the provisions relative to the composition of the Board of Trustees; to provide an effective date.
SB 477. By Senator Coverdell of the 40th:
A bill to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary.
SB 506. By Senators Hudgins of the 15th and Starr of the 44th:
A bill to amend Code Section 24A-1404, relating to hearings pertaining to the release from detention or shelter care under the "Juvenile Court Code of Georgia", as amended, so as to provide that, with respect to any child alleg ed to be deprived, an informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention.

1488

JOURNAL OF THE SENATE,

SB 528. By Senator Howard of the 42nd:
A bill to amend Code Section 34-621, relating to filing of lists of criminals, incompetents, and deceased persons with voting registrars, as amended, so as to delete provisions relating to incompetents.

SB 534. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Chapter 105-12, relating to indirect injuries to per sons, as amended, so as to provide for damages against certain persons who sell or furnish beer, wine, or alcoholic beverages to minors; to provide for conditions.

SB 541. By Senator Greene of the 26th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to provide for the reporting of in cidents of physical injury or injuries by other than accidental means by cer tain personnel employed in certain medical facilities.

SB 553. By Senators Hudson of the 35th, Riley of the 1st, Thompson of the 32nd and others:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, as amended, so as to provide for the'employment of securi ty guards at the George L. Smith II Georgia World Congress Center.

SB 562. By Senator Land of the 16th:
A bill to amend Code Section 45-513, relating to hunting seasons and bag limits, so as to change the bag limits on deer.

SB 563. By Senators Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Title 26, relating to crimes, as amended, by repealing Code Section 26-603, relating to the presumption that the acts of a person of sound mind are the product of the person's will; to amend Code Section 26-604, relating to the presumption that a person of sound mind intends the natural and probable consequences of his acts.

SB 579. By Senators Coverdell of the 40th, Riley of the 1 st, Holloway of the 12th and others:
A bill to amend Code Chapter 24A-6, relating to probation officers and other personnel under the Juvenile Court Code of Georgia, as amended, so as to delete provisions relating to probation officers being supplied by counties; to provide that juvenile probationers shall be supervised by circuit proba tion supervisors and other personnel under the statewide probation system.

FRIDAY, FEBRUARY 15, 1980

1489

SB 575. By Senators Stumbaugh of the 55th and Ballard of the 45th:
A bill to amend an Act known as the "Georgia Private Detective and Private Securities Agencies Act", as amended, so as to amend the definition of private detective business and private security business; to authorize the Board to subpoena witnesses and records in order to investigate conduct subject to the Board's regulation.

SB 580. By Senators Coverdell of the 40th, Riley of the 1 st, Holloway of the 12th and others:
A bill to amend an Act known as the "Children and Youth Act", as amend ed, so as to provide that county juvenile detention centers shall be transfer red to the Department of Human Resources, Division of Family and Children Services, on a certain date and shall be operated as facilities of said Department and Division after said date.

SB 584. By Senator Hudson of the 35th:
A bill to relieve from civil liability any person who provides equipment at no cost to the State or to any political subdivision of the State during an emergency or disaster situation.

SB 587. By Senator Holloway of the 12th:
A bill to authorize the various departments, agencies, authorities, and com missions of the state to deduct from the salaries and wages of state employees amounts for the payment of Capitol Hill parking and van pool fees; to provide that such deductions be on a voluntary basis.

SB 588. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-901, relating to before whom offenses are bailable, as amended, so as to provide the time when appeal bonds shall ter minate; to provide when such bonds shall be effective where a petition or ap plication has been filed.
SB 589. By Senators Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public work camps and prisoners, as amended, so as to amend Section 24A which provides for earned time allowances based upon performance so as to reduce the portion of court-imposed confinement satisfied by earned time allowances.
SB 590. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor-

1490

JOURNAL OF THE SENATE,
rections and to prisons, public work camps and prisoners, as amended, so as to change the time when the Commissioner of Offender Rehabilitation is to be notified of the sentence.

SR 304. By Senators Thompson of the 32nd, Barnes of the 33rd, Hill of the 29th and others:
A resolution urging the observance of Secretaries' Week and Secretaries' Day.

SR 314. By Senators Coverdell of the 40th and Bond of the 39th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to control or limit by local law the provision of public safety services by the governing authority of Fulton County and create districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end; to provide for the submission of this amendment for ratification or rejection.

SR 325. By Senator Robinson of the 27th:
A resolution proposing an amendment to the Constitution so as to create within the General Assembly a Joint Committee for Review of Ad ministrative Rules and to provide for the powers, duties, authority, practices and procedures of the committee, including the power to suspend rules and regulations; to provide for the submission of this amendment for ratification or rejection.

SR 331. By Senators Greene of the 26th, Evans of the 37th and Riley of the 1st:
A resolution creating the Senate Music Recording Industry Study Commit tee.

SR 339. By Senators Horton of the 17th, Gillis of the 20th, Walker of the 19th and others:
A resolution authorizing and urging the transfer of certain State-owned real property located in Henry County from the custody and control of the Department of Offender Rehabilitation to the Department of Natural Resources.

SR 340. By Senator Bell of the 5th: A resolution creating the Senate Bonded Indebtedness Study Committee.

HB 1057. By Representative Nix of the 20th:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the term "barber establishment" to "barbershop"; to change the number of inspectors to be employed.

FRIDAY, FEBRUARY 15, 1980

1491

HB 1099. By Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to change certain provisions on time limitations on claims.

HB 1100. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level, so as to authorize the judges of the state courts to serve as judges of other state courts under certain circumstances.

HB 1146. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 27-407, relating to the duty of the court of in quiry, so as to provide that the committing magistrate may not dismiss cer tain criminal charges and convict the accused of an offense otherwise within the jurisdiction of the court of inquiry if the evidence upon which the con viction is to be based within the court of inquiry shall constitute the same circumstances for which the accused was originally charged with a viola tion of certain crimes.
HB 1212. By Representatives Mullinax of the 69th, Mostiler of the 71st, Fortune of the 71st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to provide for a decrease in weekly unemployment compensation benefits based on receipt of govern mental or other pension retirement or retirement pay, annuity, or other similar periodic payment.

HB 1249. By Representatives Pilewicz of the 41st and Holmes of the 39th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act", so as to provide that certain campaign contributions and expenditures be disclosed to the public.

HB 1345. By Representatives Knight of the 67th, Adams of the 36th, Isakson of the 20th and Bolster of the 30th:
A bill to amend an Act creating an energy resources advisory council known as the "Georgia Council for Energy Resources", so as to provide for legislative intent.

1492

JOURNAL OF THE SENATE,

HB 1390. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the pur pose of providing the Education Facilities Construction Reserve.

HB 1407. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Title 34, known as the "Georgia Election Code", so as to provide additional powers and duties for the Secretary of State and the superintendent.

HB 1408. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Section 34A-301, relating to powers and duties of municipal superintendents, so as to provide additional powers and duties for superintendents.

HB 1409. By Representatives Hatcher of the 131st, Childs of the 51st, Steinberg of the 46th and others:
A bill to amend an Act known as the "Georgia Condominium Act", so as to provide a definition of "conversion condominium"; to limit the applicabili ty of local ordinances, regulations, and building codes; to provide for notice to and rights of tenants in the case of conversion condominiums.

HB 1423. By Representatives Thomas of the 66th, Murphy of the 18th, Gammage of the 17th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to provide that provisional licenses may be renewed annually without limitation in the case of applicants who held valid provisional licenses on April 16, 1979.

HB 1449. By Representative Smith of the 152nd:
A bill to amend an Act creating the State Board of Nursing Homes, so as to change the manner of appointing the members of the board; to continue the board and the laws relating thereto but provide for the later termination of the board and the repeal of the laws relating thereto.
HB 1471. By Representative Castleberry of the 111 th:
A bill to amend an Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, so as to change the method of com puting the minimum salaries of such officers.

FRIDAY, FEBRUARY L5, 1980

1493

HB 1473. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, so as to change the method of computing the minimum salaries of such officers.

HB 1474. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for judges of the probate courts of the various counties of Georgia, so as to change the method of com puting the minimum salaries of such officers.

HB 1475. By Representative Castleberry of the 111 th:
A bill to amend an Act providing minimum salaries for clerks of the superior courts, so as to change the method of computing the minimum salaries of such officers.

HB 1499. By Representative Phillips of the 120th:
A bill to amend an Act which superseded, with stated exceptions, all previous laws of this State relating to the organization, powers, and duties of the Forestry Commission, so as to authorize and empower the State Forestry Commission to contract for and purchase seedlings for resale to Georgia forest owners.

HB 1601. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 91-112a.l, relating to the disposition of cer tain property by the Department of Natural Resources, so as to provide that the Department may convey real property donated to said Department to be used for the construction and operation thereon of boat launching ramps.

HR 313. By Representatives Bolster of the 30th, Adams of the 36th, Birdsong of the 103rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political sub divisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto.

HR 483. By Representative Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia.

1494

JOURNAL OF THE SENATE,

HR 516. By Representative Swann of the 90th:
A resolution proposing an amendment to the Constitution so as to limit the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes.

HR 576. By Representatives Colwell of the 4th, Jones of the 126th and Johnson of the 72nd:
A resolution authorizing the conveyance by the State of Georgia acting by and through the State Properties Commission, of certain State-owned real property located in Henry County.

SB 592. By Senator Russell of the 10th:
A bill to repeal an Act creating the Thomas County Higher Education Authority.

SR 338. By Senator Russell of the 10th:
A resolution to repeal Resolution Act No. 17 (Senate Resolution 10) adopted at the 1979 session of the General Assembly which proposed an amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a public authority for Thomas County to provide certain educational facilities within said county.

HB 1292. By Representatives Swann of the 90th, Cheeks of the 89th, Padgett of the 86th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for biennial elections for purposes of selecting members of the Board of Education.

HB 1305. By Representative Marcus of the 26th:
A bill to amend an Act entitled "An Act to provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County.

HB 1411. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term.

FRIDAY, FEBRUARY 15, 1980

1495

HB 1412. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for an additional method of opening bids to allow the bids to be opened on dates prior to Board meetings if opened in the office of the Superintendent or his designee, with at least one Board member present and after notification to the affected bidders.

HB 1496. By Representatives Moore of the 152nd, Branch of the 137th and Smith of the 152nd:
A bill to provide for the election of the school superintendent of Coffee County.

HB 1632. By Representative Dixon of the 151st:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to provide for the method of filling vacancies on said Board.

HB 1636. By Representative Irvin of the 10th:
A bill to create and establish a Small Claims Court in and for Stephens County.

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 583. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act reincorporating the City of Marietta so as to change the corporate limits; to provide an effective date.

Senators Barnes of the 33rd and Brantley of the 56th offered the following amend ment:

Amend SB 583 on Page 2, line 10, by deleting the word "douth" and in serting in lieu thereof the word "south".

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-, was agreed to as amended.

On the passage of the bill, the yeas were 50, nays 0.

1496

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1285. By Representative Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court in certain counties in this State, so as to provide for certain fees and costs charged in said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1521. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the salary of the judge and 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1598. By Representatives Milford of the 13th, Russell of the 64th, Clark and Mann of the 13th:
A bill to create the Oconee County Public Utility Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and the construction, maintenance and operation of sewerage treat ment facilities and other related facilities to individuals, public and private corporations and municipal corporation.

The report 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.

FRIDAY, FEBRUARY 15, 1980
HB 1600. By Representative Ramsey of the 3rd: A bill to create the Murray County Water and Sewer Authority.

1497

The report 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 1602. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act changing the compensation of the recorder of the City of Dalton, so as to change the compensation of the recorder.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1608. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a small claims court for Jefferson Coun ty, so as to change certain provisions relating to jurisdiction of the court and fees of the bailiff or 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 1609. By Representatives Bargeron of the 83rd and Nessmith of the 82nd:
A bill to amend an Act to provide a maximum salary for the coroner of Burke County, so as to change the compensation of the coroner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1498

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1615. By Representatives Fortune and Mostiler of the 71 st:
A bill to amend an Act creating a small claims court for Spalding County, so as to change certain fees and 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.
HB 1616. By Representatives Fortune and Mostiler of the 71 st: A bill to amend an Act creating the State Court of Spalding County, so as to change the terms of said court; to provide for six-man juries and procedure related 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1620. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act creating the office of treasurer of Laurens County, by abolishing the office of county treasurer of Laurens County, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 15, 1980

1499

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincner of 54th

Foster

Gillis

Greene

Holloway

Horton

Howard

.

Hudgins

Hudson

Johnson

Kennedy

Kidd

Land

Langford

Lester

Littlefield

McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those not answering were Senators:

Bryant Hill

Summers (hospitalized)

Tysinger

The following resolutions of the Senate were read and adopted:

SR 350. By Senators Lester of the 23rd, Gillis of the 20th, Turner of the 8th and others:
A resolution commending the Honorable Jack W. Morton and the staff of the Georgia Tax Reform Commission.

SR 351. By Senator Turner of the 8th:
A resolution honoring Mrs. Emma M. Stevens for her outstanding ac complishments in'education and her innumerable contributions to Georgia, public education and the citizens of Georgia.

SR 355. By Senators Bond of the 39th, Tate of the 38th, Evans of the 37th and others: A resolution commending Mr. John Lewis.

Senator Barker of the 18th introduced the chaplain of the day, Reverend Clyde Johns, pastor of the Houston Road Church of God, Warner Robins, Georgia, who of fered Scripture reading and prayer.

Senator Broun of the 46th introduced the doctor or the day, Dr. Joe Griffith of Commerce, Georgia.

1500

JOURNAL OF THE SENATE,

SENATE RULES CALENDAR
Friday, February 15, 1980 THIRTIETH LEGISLATIVE DAY SB 86. Extraordinary Life-Sustaining Procedures--discontinue certain persons (AMENDMENT) (Hum R--51st) SB 460. Peace Officers Annuity and Benefit Fund--certain conditions to require waiver (Ret--9th)
SB 507. Workers' Compensation--certain self-insurers not post bond evidencing security (IL&Tou--41st)
SB 519. Advisory Council for Probation--create (SUBSTITUTE) (Off R--44th)
SB 567. Auctioneers Commission--continue until 7/1/84 (Ag--24th) SB 574. Cordele Judicial Circuit Superior Court--additional Judge
(Judy-13th)
SB 577. Removing Collar, Tag from Animal--unlawful without permission of owner (NREQ--19th)
SB 582. Prisoners--differentiate between habitual offenders and others for earned time (AMENDMENT) (Off R--44th)
SR 246. Appropriations Act--continue until another adopted (App--46th) SR 283. Burke County--conveyance of certain State-owned real property (Pub
U-21st)
SR 291. State Bonds Issued to Provide Educational Facilities--title (SUBSTITUTE) (Ed-15th)
SR 293. Loss of Prime Farmland and Actions to Preserve Farmland--joint study (AMENDMENT) (Ag--37th)
SR 307. Teachers--free courses offered by University System (SUBSTITUTE) (H Ed--38th)
HB 1107. Motor Contract Carriers--Public Service Commmission delegate its authority certain circumstances (SUBSTITUTE) (Pub U--47th)

HB 1110. Corporations--shareholder's redemption of shares (AMENDMENT) (Judy--49th)
HB 1137. Tif ton Judicial Circuit--additional judge (Judy--49th)

HB 1207. Game and Fish Code--new length limits for taking bass (NREQ-20th)
HB 1218. Corporations--shares issued in series (Judy--2nd)

FRIDAY, FEBRUARY 15, 1980

1501

SB 289. Admission to Common Schools--tuition fees certain instances (SUBSTITUTE/AMENDMENT) (H Ed--43rd)
HB 50. Employees' Retirement--credit for service as county employee (SUBSTITUTE) (Ret-43rd)

Respectfully submitted,
Is/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 86. By Senator Langford of the 51st:
A bill to amend Code Title 88, relating to public health, as amended, so as to add a new Code Chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to define certain terms; to pro vide for written directives and the procedures connected therewith; to pro vide for witnesses.

Senator Reynolds of the 48th moved that SB 86 be postponed until Tuesday, February 19.

On the motion, Senator Langford of the 51st called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Evans

Horton Howard Hudgins Johnson Kennedy Lester McGill Overby Paulk

Reynolds Riley Russell Starr Stumbaugh Tare Turner Wessels

Those voting in the negative were Senators:

Ballard Bond Dean Eldridge Foster

Gillis Greene Hudson Kidd Land

Langford Littlefield Robinson Scott Walker

1502

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bryant Cobb Coverdell
English Fincher of 52nd

Fincher of 54th Hill Holloway
(excused conferee) Stephens

Summers Sutton Thompson
Timmons Tysinger

On the motion, the yeas were 26, nays 15; the motion prevailed, and SB 86 was postponed until Tuesday, February 19.

SB 460. By Senators Sutton of the 9th, Cobb of the 28th, Turner of the 8th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide that under certain conditions the Board may require a waiver by an applicant' for membership in the Fund to disability benefits.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 30, 1980

SUBJECT: Fiscal Note--Senate Bill 460 Peace Officers' Annuity and Benefit Fund

This Bill would authorize the fund's Board to require applicants with a preexisting physical defect, disease, or deformity which may precipitate, cause, or contribute to a disabling injury, illness, or physical impairment to waive their rights to disability benefits resulting from, caused by, or con tributed to by such preexisting conditions. Currently, the Board may reject an application for membership for medical reasons. This Bill would also remove an obsolete subsection of the current law governing persons becom ing peace off icers prior to July 1, 1968.
According to an actuarial letter dated January 17, 1980, the disability provisions of this Bill might result in fewer disability claims on the fund for

FRIDAY, FEBRUARY 15, 1980

1503

those covered by its provisions and would permit those covered to eventually qualify for retirement benefits. The cost to the fund would be very small and would not affect the fund's actuarial soundness.

Is/ William M. Nixon State Auditor

Is/ 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter
Dean Eldridge Evans Foster Gillis

Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:

Bryant Cobb Coverdell English Fincher of 52nd

Fincher of 54th Riley (excused conferee) Summers

McGill Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Tate Turner Walker Wessels
Sutton Thompson Timmons Tysinger

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 House action thereon:

1504

JOURNAL OF THE SENATE,

HB 1251. By Representatives Birdsong of the 103rd, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide con version privileges for insured former spouses.

Senator Greene of the 26th moved that the Senate adhere to the Senate substitute to HB 1251 and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1251.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Greene of the 26th, Robinson of the 27th and Evans of the 37th.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 519. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to create an Advisory Council for Probation; to provide for the com position and responsibilities of the council; to provide that the council shall advise with the Board of Offender Rehabilitation and the Department of Of fender Rehabilitation on matters of policy, personnel, and budget which af fect probationary services.

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 519:

A BILL
To be entitled an Act to create an Advisory Council for Probation; to provide for the composition and responsibilities of the council; to provide that the council shall advise with the Board of Offender Rehabilitation and the Department of- Offender Rehabilitation on matters of policy which affect probationary services; to provide for reimbursement of expenses of members of the council; to provide the procedures connected with 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. There is hereby created an Advisory Council for Probation to be composed of one superior court judge from each of the judicial ad ministrative districts. The district council for each judicial administrative

FRIDAY, FEBRUARY 15, 1980

1505

district shall select the superior court judge who shall be each respective district's member of the council. The initial terms of office of the council members shall be as follows: Districts 1 through 3, one year; Districts 4 through 6, two years; Districts 7 through 10, three years. Thereafter, all suc cessors to the initial members of the council shall serve for terms of office of three years. Members of the council shall be selected by the district council meeting in caucus called for such purpose by the administrative judge of each district within 60 days after the approval of this Act.
Section 2. The Advisory Council for Probation shall meet, consult, and advise with the Board of Offender Rehabilitation and the Department of Of fender Rehabilitation on questions and matters of mutual concern and in terest relative to policy which pertains to probationary activities, powers, duties, and responsibilities of the Board of Offender Rehabilitation. The ad visory council shall institute such studies and surveys and shall make such recommendations to the board and department as the council shall deem wise and necessary and which, in the opinion of the council, will improve the effectiveness and efficiency of probation services rendered throughout the state. No change in existing policy of the Board of Offender Rehabilita tion or the Department of Offender Rehabilitation relative to probation, if the magnitude of the change will result in a significant impact upon statewide probationary services, or any such new policy, shall be institued by the board or department without the opportunity being afforded to the Advisory Council for Probation to advise and consult with the board or department on such proposed changes. The recommendations of the Ad visory Council for Probation shall, however, be advisory only and shall not bind the board or department. The Board of Offender Rehabilitation, the Department of Offender Rehabilitation, and the council shall meet periodically throughout each year for the purpose of improving the ad ministration, efficiency, and effectiveness of probation services.

Section 3. Members of the council shall be reimbursed for their actual expenses incurred in connection with the activities and responsibilities of the council. The funds necessary to meet the expenses of the council shall be met from those funds appropriated to or otherwise available for the operation of the superior courts.
Section 4. This Act shall beome 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 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

1506

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Dean Eldridge English Evans Fincher of 54th Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby

Those not voting were Senators:

Broun of 46th (excused conferee) Bryant Coverdell

Fincher of 52nd Holloway (excused conferee) Littlefield

On the passage of the bill, the yeas were 46, nays 0.

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels
Russell Summers Tysinger

The bill, having received the requisite constitutional majority, was passed by subsfftiiftiu1t1~e>.

SB 567. By Senators McGill of the 24th, Kennedy of the 4th, Russell of the 10th and others: A bill to amend Code Chapter 84-3A, relating to regulation and licensure of auctioneers, as amended, so as to continue the Georgia Auctioneers Com mission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 15, 1980

1507

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Kennedy Kidd Lester McGill Overby

Those not voting were Senators:

Broun of 46th

Hudson

(excused conferee)

Johnson

Bryant

Land

Coverdell

Langford

Holloway (excused conferee) Littlefield

Howard

Paulk Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker
Riley (excused conferee) Russell Summers Tysinger Wessels

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 574. By Senators Paulk of the 13th and Walker of the 19th: A bill to add one additional Judge of the Superior Court for the Cordele Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the elec tion of the successors of the judge initially appointed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

1508

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Carter Cobb Dean Eldridge English Evans Fincher of 52nd

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby

Those not voting were Senators:

Broun of 46th (excused conferee) Brown of 47th Bryant Coverdell Fincher of 54th

Holloway (excused conferee) Johnson Land Littlefield

On the passage of the bill, the yeas were 41, nays 0.

Paulk Riley Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels
Reynolds Robinson Russell Summers Tysinger

The bill, having received the requisite constitutional majority, was passed.

SB 577. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others:
A bill to amend Code Chapter 26-28, relating to malicious mischief offenses, as amended, so as to make it unlawful for any person, without the express permission of the owner or lessee of an animal, to remove a collar, tag, tattoo, or any identification mark artifically attached to or imprinted on an animal for the purposes of identification.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 15, 1980

1509

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb
Dean Eldridge English
Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd "
Land Langford Lester
McGill

Those not voting were Senators:

Barker Bryant Coverdell Holloway (excused conferee)

Hudson Johnson Littlefield Overby

On the passage of the bill, the yeas were 43, nays 0.

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Timmons Turner Walker Wessels
Russell Summers Thompson Tysinger

The bill, having received the requisite constitutional majority, was passed.

SB 582. By Senators Starr of the 44th, Gillis of the 20th and Howard of the 42nd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, as amended, so as to differentiate between habitual offenders and others for the purposes of awarding earned time.

The Senate Committee on Offender Rehabilitation offered the following amend ment:
1
Amend SB 582 by striking on Page 2, line 21, from Section 1 the follow ing:
"at any time during the past ten (10) years",
and inserting in lieu the following:
"since January 1, 1970".

1510

JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Allgood Hudson

Langford

Stephens

Those not voting were Senators:

Bryant Fincher of 52nd

Holloway (excused conferee) Russell

Summers Tysinger

On the passage of the bill, the yeas were 45, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Langford of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 582.

FRIDAY, FEBRUARY 15, 1980

1511

SR 246. By 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 GEORGIA:
Section 1. Article III, Section X, Paragraph V of the Constitution is hereby amended by striking paragraph (a) which reads as follows:
"(a) Each General Appropriations Act, now of force or hereafter 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 appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued 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 amendments as are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until another General Appropriations Act is adopted."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Appropriations Act to continue in force and effect
[ ] NO 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 pro posed 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 resolu tion, was agreed to.

1512

JOURNAL OF THE SENATE,

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 Bond Broun of 46th Brown of 47th Carter Dean Eldridge English Fincher of 54th Foster

Gillis Greene Horton Howard Hudson Kennedy Kidd Land Lester McGill

Those voting in the negative were Senators:

Barnes Bell Brantley Cobb Coverdell Evans

Fincher of 52nd Hill Holloway Hudgins Johnson Langford

Overby Reynolds Riley Scott Starr Stumbaugh Sutton Tate Walker Wessels
Paulk Robinson Stephens Thompson Turner

Those not voting were Senators:

Barker Bryant Littlefield

Russell Summers

Timmons Tysinger

On the adoption of the resolution, the yeas were 31, nays 17.

The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

Senator Broun of the 46th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 246.

SR 283. By Senator English of the 21st:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Burke County, Georgia, to Grattan W. Rowland and the accep tance of certain property owned by Grattan W. Rowland, located in Burke County, Georgia, in consideration therefor.

FRIDAY, FEBRUARY 15, 1980

1513

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Finchcr of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Barker Bryant Holloway (excused conferee)

Johnson Langford Littlefield

Russell Summers Tysingcr

On the adoption of the resolution, the yeas were 46, 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 House action thereon:

HB 1103. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifica tions for fire fighters.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1103.

1514

JOURNAL OF THE SENATE,

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate in sisted upon the Senate substitute to HB 1103.

The following general resolution of the Senate, favorably reported by the commit tee, was read the third time and put upon its adoption.

SR 291. By Senator Hudgins of the 15th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that when general obligation bonds of the State are issued to provide educa tional facilities for county and independent school systems, title to such educational facilities shall be vested in county and independent boards of education when such bonds are no longer outstanding; 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 III, Paragraph I, subparagraph (c) of the Constitution is hereby amended by adding immediately following the first paragraph of said subparagraph (c) a new paragraph to read as follows:
"When general obligation debt is incurred as hereinabove provided, on behalf of the Georgia Education Authority (Schools) to provide educa tional facilities for county and independent school systems, the title to such educational facilities shall be vested in the board of education of the county or independent school system for which such educational facilities were provided when the general obligation debt incurred for such purpose is no longer outstanding."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that when general obligation bonds of the State are issued to pro-
[ ] NO vide educational facilities for county and independent school systems, title to such educational facilities shall be vested in county and independent boards of education when such bonds are no longer outstanding?"
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."

FRIDAY, FEBRUARY 15, 1980

1515

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 Education offered the following substitute to SR 291:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred to provide educational facilities for county and independent school systems and to provide that, when the construction of such facilities has been completed, the title to such facilities shall be vested in the respective local boards 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 VII, Section III, Paragraph I, subparagraph (c) of the Constitution is hereby amended by adding immediately following the first paragraph of said subparagraph (c) a new paragraph to read as follows:
"In addition to the authority to incur general obligation debt provid ed for in the foregoing paragraph, general obligation debt may be incur red to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that general obligation debt may be incurred to provide educa-
[ ] NO tional facilities for county and independent school systems and to provide that, when the construction of such facilities has been completed, the title to such facilities shall be vested in the respective local boards of education?"
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.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

1516

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 Cobb
Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Bryant Greene Holloway (excused conferee)

Johnson Littlefield Russell

Summers Ty singer

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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins

Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds Riley Robinson

FRIDAY, FEBRUARY 15, 1980

Scott Starr
Stephens Stumbaugh

Sutton Tate Thompson

Timmons Walker Wessels

Those not voting were Senators:

Bryant Cobb Holloway (excused conferee)

Hudson Littlefield Russell

Summers Turner Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.

1517

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

The following bills of the House and Senate were taken up for the purpose of con sidering the House action thereon:

HB 701. By Representative Hatcher of the 131st:
A bill to amend Code Section 46-104, relating to additional summons of gar nishment, so as to provide that no additional summons of garnishment shall issue on the same affidavit after a certain time period, but plaintiffs may file subsequent affidavits until the debt is paid or the proceeding is otherwise ter minated.
Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 701 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 substitute to HB 701.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Allgood of the 22nd and Greene of the 26th.

SB 348. By Senators McGill of the 24th, Foster of the 50th, Walker of the 19th and others:
A bill to amend Code Chapter 72-1, relating to nuisances, as amended, so as to provide that agricultural or farming operations, places, establishments, or facilities shall not be deemed to be a nuisance as a result of changed con ditions in or around the locality of such operation, place, establishment, or facility under certain conditions.

1518

JOURNAL OF THE SENATE,

The House substitute to SB 348 was as follows:

A BILL
To be entitled an Act to provide that no agrieultural of farming opera tion shall be or become a nuisance as a result of changed conditions in or around the locality of such agricultural or farming operation; to provide for legislative determination and declaration of policy; to provide for other matters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Legislative determination and declaration of policy. It is the declared policy of the state to conserve and protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses ex tend into agricultural areas, agricultural operations often become the sub ject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making in vestments in farm improvements. It is the purpose of this Act to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
Section 2. Agricultural or farming operations; nuisances. No agricultural or farming operation, place, establishment, or facility, or any of its appurtenances, or the operation thereof, shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural or farming operation, place, establishment, or facility if such agricultural or farming operation, place, establishment, or facility has been in operation for one year or more.
Section 3. Effective date. This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McGill of the 24th moved that the Senate agree to the House substitute to SB 348.

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 Cobb Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster

FRIDAY, FEBRUARY 15, 1980

1519

Gillis Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Langford Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott

Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Barker Bryant Greene

Johnson Littlefield

Summers Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 348.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

HB 1203. By Representatives Lambert of the 1 12th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act", so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.

The Conference Committee Report on HB 1203 was as follows:

The Conference Committee on HB 1203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute toHB 1203 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Paul C. Broun Senator, 46th District
is/ Al Holloway Senator, 12th District
/s/ John R. Riley Senator, 1st District

/s/ Marcus Collins Representative, 144th District
/s/ Joe Frank Harris Representative, 8th District
/s/ Clarence R. Vaughn, Jr. Representative, 57th District

1520

JOURNAL OF THE SENATE,

Conference Committee substitute to HB 1203:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," approved April 25, 1979 (Ga. Laws 1979, p. 1427), so as to change certain appropria tions for the fiscal year 1979-80; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," approved April 25, 1979 (Ga. Laws 1979, p. 1427), is hereby amended by striking Federal Revenue Shar ing Funds of $25,500,000 for fiscal year 1980 in the first paragraph follow ing the enacting clause and substituting in lieu thereof a new Federal Revenue-Sharing figure of $50,999,999.63 for fiscal 1980 and by striking the revenue estimate figure of $2,623,000,000 for fiscal year 1980 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $2,711,000,000 for fiscal year 1980, and by strik ing the following:
"PARTI.
LEGISLATIVE BRANCH",
and Sections 1 through 67, and inserting in lieu thereof the following:

"PARTI.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch . ..............$ 1. Operations ............................$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$ 2. For Election Blanks and Other
Election Expenses .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

12,170,000 10,670,000 10,670,000 10,670,000
1,500,000 1,500,000 1,500,000

Budget Unit Object Classes: Operations ............................$ Election Blanks and Other Election Expenses .....................$

10,670,000 1,500,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House

FRIDAY, FEBRUARY 15, 1980

1521

thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for member ship in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon ap proval of the Legislative Services Committee; for 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 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 Revi sion; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Govern ment, 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 Govern ment. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining
which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.
Budget Unit: Department of Audits. ............$
1. Operations ............................$ Total Funds Budgeted. ...................$ State Funds Budgeted ....................$

3,765,732
3,415,732 3,415,732 3,415,732

1522

JOURNAL OF THE SENATE,

2. Tax Ratio Study ........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$
Budget Unit Object Classes:
Operations ............................$ Tax Ratio Study ........................$ Authorized Motor Vehicles Total Positions Budgeted

350,000 350,000 350,000
3,415,732 350,000 22 137

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ...............$

1,756,600

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. Pro vided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts.

Total Positions Budgeted

56

Section 4. Superior Courts.

Budget Unit: Superior Courts .............$ 12,987,161

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.

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.

FRIDAY, FEBRUARY 15, 1980
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 $27,078 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 $80,000 per annum for each judgeship created by law during the 1980 session of the General Assembly.
Provided, that of the above appropriation relating to Superior Courts, $314,796 is designated and committed for the Prosecuting Attorneys' Council for operations and $58,521 is designated and committed for the Sentence Review Panel.
Provided, however, of the above appropriation $10,000 is designated and committed to attend the judicial college for judges with less than five year's ex perience.
Total Positions Budgeted

1523 411

Section 5. Court of Appeals.
Budget Unit: Court of Appeals .............$
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 ap propriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted

1,880,000 58

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 Offices of the Court.

721,571
1,412,098 721,571

1524

JOURNAL OF THE SENATE,
Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College.
Section 7. Appellate Court Reports. Budget Unit: Court Reports ...............$
For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission .........................$
For the cost of operating the Judicial Qualifications Commission.
Section 9. Board of Court Reporting.
Budget Unit: ..........................$
For the cost of operating the Board of Court Report ing.
Section 10. Council of Juvenile Court Judges.
Budget Unit: ..........................$
For the cost of operating the Council of Juvenile Court Judges.
Section 11. Georgia Justice Courts Training Coun cil.
Budget Unit: ..........................$
For the cost of operating the Georgia Justice Courts Training Council.
Section 12. Georgia Indigent Defense Council.

130,000 41,000 10,555 78,905 20,000

Budget Unit: ..........................$
For the cost of operating the Georgia Criminal Justice Defense Council.
It is the intent of this General Assembly that the State and Federal funds contemplated in this appropriation for Fiscal Year 1980 not be expended in such a manner as to create an obligation on the State for Fiscal Year 1981 in excess of $250,000.

250,000

FRIDAY, FEBRUARY 15, 1980

1525

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services .................$ 26,940,351

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

164,574 11,208 3,767 5,300 800 2,500 --0-- 9,771 2,782 15,050
215,752 215,752
6

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

719,997 37,018 6,000 --0-- 5,700 2,570 --0-- 42,358 16,983 --0--
--0--
1,500,000
850,000 3,180,626 3,180,626
37

3. Fiscal and Self-Insurance Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

934,468 60,694 22,000 --0-- 12,700

1526

JOURNAL OF THE SENATE,

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Workers' Compensation ..................$ State Liability Self-Insurance Reserve ........$ Unemployment Compensation Reserve . ......$ Public Safety Officers Indemnification Fund. . . $ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,000 4,617,433
50,672 19,004 19,600 2,500,000
--0-- 1,400,000
442,860 10,081,431 7,725,821
47

4. 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 ..............$ Materials for Resale. .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
6. General Services Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$

167,318 93,038
200 --0-- 3,500 1,500 --0-- 54,100 5,020
700 3,650,000 3,975,376
--0-- 13
919,173 77,957 5,000 --0-- 29,500 1,850
208,375 57,294 31,527 --0--
1,330,676 1,330,676
53
172,798 80,476
800 --0--
100 900 --0--

FRIDAY, FEBRUARY 15, 1980

1527

Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,440 2,300 --0-- 258,814 123,499
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 ..............$ Utilities. ..............................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

733,412 234,554
21,500 --0--
13,180 3,509 31,000 23,150 16,500 15,000 23,500 1,115,305 363,977
57

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. ......,.............$ Payments to DOAS Fiscal Administration. . . . .$ Per Diem, Fees and Contracts ,.............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

11,572,584 917,288 32,000 --0-- 17,100
116,376 229,000 9,540,413 1,009,378 267,685 2,243,396 1,477,145 27,422,365 9,000,000
696

9. Motor Pool 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 ..............$

356,253 740,687
850 111,300
800 1,200 2,011
720 5,114 --0--

1528

JOURNAL OF THE SENATE,

Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,218,935 --0-- 28

10. Communication 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 ..............$ Telephone Billings. ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,808,345 311,468 10,800 --0-- 50,000 12,100 64,000 59,390 1,000 10,000
19,548,679 21,875,782
5,000,000 109

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
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 ............$ Utilities ...............................$ Workers' Compensation ..................$ Payments to DOAS Fiscal Administration. . . . .$ Direct Payments to Georgia Building
Authority for Operations ................$

1,110,717 1,175,969
3,200 --0-- --0-- 26,500 5,580 124,949 11,637 --0-- 2,458,552 --0--
76
18,659,639 3,740,357
106,117 116,600 133,380 171,005 5,157,399 1,433,222 379,552 1,537,495 9,540,413 23,500 2,500,000 2,243,396
1,500,000

FRIDAY, FEBRUARY 15, 1980

1529

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. ......................$ Materials for Resale. .....................$ Public Safety Officers Indemnity Fund .......$ Unemployment Compensation Reserve .......$ Total Positions Budgeted Authorized Motor Vehicles

--0--
850,000 --0--
19,548,679 3,650,000
442,860 1,400,000
1,136 275

It is the intent of this General Assembly that other wise unencumbered funds in the Public Safety Officers Indemnity Reserve on June 30, 1978, be utilized in Fiscal Year 1980 for the purposes authorized in S. B. 36 of the 1978 Regular Session.

Provided, however, of the above appropriation relative to Unemployment Compensation, the Depart ment is authorized to use $2,407 for payment of en cumbrance generated before July 1, 1978.

It is the intent of this General Assembly that the Of fice of Planning and Budget and all other agencies of State government utilize -federal funds wherever possible in connection with Workers' Compensation and Unem ployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees.

It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity:

General Services ........................$ Data Processing Service. ..................$ Motor Pool Service ......................$ Communication Services. .................$ Printing Services ........................$ Central Supply Services. ..................$ Total .................................$

258,814 27,422,365
1,218,935 21,875,782
2,458,552 3,975,376 57,209,824

except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service.

Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual finan cial audit of the Department of Administrative Services.

1530

JOURNAL OF THE SENATE,

Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or leasepurchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.

B. Budget Unit: Georgia Building Authority ......$

--0--

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 & Repairs ............$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,200,833 1,916,211
2,900 5,500 10,000 63,000 --0-- --0-- 40,000 77,000 1,438,700 1,339,566 3,162,000 --0-- 15,255,710 --0--
419

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 Authorized Motor Vehicles

7,200,833 1,916,211
2,900 5,500 10,000 63,000 --0-- --0-- 40,000 77,000 1,438,700 1,339,566 3,162,000 --0--
419 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 Au thorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

FRIDAY, FEBRUARY 15, 1980

1531

Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Training Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcommittees of the House of Representatives and the State Senate.

Section 14. Department of Agriculture.
A. Budget Unit: Department of Agriculture ..........................$
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 ..............$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

17,985,772
2,726,887 211,125 122,750 38,000 23,000 43,100 --0-- 1,980 28,675 500 175,000
3,371,017 2,923,367
182

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 Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tif ton. ..................$ 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

840,187 93,488 32,000 5,100 5,300 3,300 --0-- --0-- 44,743 --0--
313,937 530,070
803,000 525,000
165,000
211,358 75,000
3,647,483 3,346,099
53

1532

JOURNAL OF THE SENATE,

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 ..............$ Advertising ............................$ 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 ..............$ Repairs to Major and Minor Markets. ........$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
6. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$

690,734 149,372 30,250 20,400
5,600 2,000 --0-- --0-- 36,184 37,100 35,000 1,006,640 1,001,140
41
1,488,639 780,088 14,400 27,100 40,600 11,775 --0-- --0-- 26,740 43,000 600,000
3,032,342 1,046,987
115
1,617,770 85,480 171,000 35,700 1,300 1,000 --0-- 3,300 17,700 --0--
1,933,250 1,933,250
117
958,446 93,665 17,000

FRIDAY, FEBRUARY 15, 1980

1533

Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Atlanta Council for International Visitors. . . . .$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$ Market Bulletin Postage ..................$ 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 ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
9. Consumer Services Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

11,600 8,650 2,800 270,413 478,596 31,700
750 --0-- 1,873,620 1,833,876
51
101,989 12,144 1,000 --0--
297,000 --0-- --0-- --0-- 5,000 --0--
302,000 719,133 719,133
8
963,237 150,721 75,200 44,600
2,400 37,800
--0-- --0-- 12,700 --0-- 1,286,658 1,284,158
71
503,666 52,961 13,000 25,500 10,000 1,000 --0-- --0--

1534

JOURNAL OF THE SENATE,

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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
11. Meat Inspection 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
12. Fire Ant Control 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 ..............$ Purchase of Bait and Airplane Contracts. .....$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

25,644 1,000
632,771 632,771
31
2,290,284 87,108 128,000 32,500 8,350 5,000 --0-- 5,220 23,400 --0--
2,579,862 2,010,974
141
2,149,952 49,899 167,500 15,300 2,300 1,100 --0-- --0-- 16,600 89,000
2,491,651 1,020,517
132
--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
0

FRIDAY, FEBRUARY 15, 1980

1535

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations ........................$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions.Budgeted

233,500 233,500 233,500
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 ..............$ Capital Outlay .........................$ Market Bulletin Postage ..................$ Purchase of Bait and Airplane Contracts ......$ Athens Veterinary Laboratory Contract ......$ Tifton Veterinary Laboratory Contract. ......$ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton. ..................$ Veterinary Fees. ........................$ Research Contract with Georgia Institute of Technology .................$ Contract with University of Georgia to Study Avian Disease. .................$ Indemnities. ...........................$ Advertising Contract. ....................$ Direct Payments to Georgia Agrirama Development Authority for Operations .....$ Repairs to Major and Minor Markets. ........$ Atlanta Council for International Visitors .....$ Total Positions Budgeted Authorized Motor Vehicles

14,331,791 1,766,051 772,100 255,800 404,500 108,875 270,413 489,096 269,086 171,350 175,000 302,000 --0-- 313,937 530,070
803,000 525,000
165,000
211,358 75,000 35,000
233,500 600,000
--0-- 942 228

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, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.

1536

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).
B. Budget Unit: Georgia Agrirama Development Authority .........................$
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 ..............$ Capital Outlay .........................$ Goods for Resale ........................$ Sales Tax. .............................$ 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 ..............$ Capital Outlay .........................$ Sales Tax. .............................$ Goods for Resale. .......................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, the Authority is hereby authorized to budget additional agency income for the purpose of pro viding a retirement plan for its employees.
Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking andFinance. ..........................$

--0--
289,922 76,382 5,175 --0-- 14,848 8,599 --0-- -- 0-- 4,200 19,444 77,403 61,860 7,760
565,593 --0-- 22
289,922 76,382 5,175 --0-- 14,848 8,599 --0-- --0-- 4,200 19,444 77,403 7,760 61,860 22 5
2,417,613

FRIDAY, FEBRUARY 15, 1980

1537

Administration and 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
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 Authorized Motor Vehicles
Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs .....................$
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 ..............$ Capital Felony Expenses ..................$ Local Assistant Grants ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,869,481 66,394
267,208 91,000 12,136 12,915 11,950 57,700 18,329 10,500
2,417,613 2,417,613
92
1,869,481 66,394
267,208 91,000 12,136 12,915 11,950 57,700 18,329 10,500 92 14
3,464,094
372,664 31,125 9,300 5,600 9,500 22,295 --0-- 32,315 3,340 18,500 50,000
525,000 1,079,639
986,917 18

1538

JOURNAL OF THE SENATE,

2. Technical Assistance:
Personal Services. .......................$ 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. Planning and Programming:
Personal Services. .......................$ 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
4. Housing and Codes:
Personal Services. .......................$ 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. Program Development Budget:
Personal Services. .......................$ Regular Operating Expenses ... ............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$

433,484 12,358 33,250 --0-- 4,150 300 2,850 29,900 13,050 11,150
540,492 466,105
21
313,923 7,325 8,500 --0-- 1,500 200 --0-- --0-- 7,900 1,240
1,350,000 863,412
2,554,000 1,461,109
13
288,270 8,606 13,460 --0-- 3,950 6,520 2,500 16,245 9,369 2,000
350,920 315,920
16
169,491 8,900
20,000 --0--

FRIDAY, FEBRUARY 15, 1980

1539

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 ..............$ Capital Felony Expenses ..................$ Grants to Area Planning and
Development Commissions ..............$ HUD 701 Planning Grants ................$ Local Assistant Grants ...................$ Total Positions Budgeted Authorized Motor Vehicles
B. Budget Unit: State Building Administrative Board. .................$
State Building Administrative Board Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel.. ..............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .......,$

1,500 --0-- --0-- --0-- 6,600 150,942 357,433 234,043
7
1,577,832 68,314 84,510 5,600 20,600 29,315 5,350 78,460 40,259 183,832 50,000
1,350,000 863,412 525,000 75 2
114,830
88,830 2,370 5,000 --0-- 6,000 300 --0-- 5,240 900 18,500
127,140 114,830
5
88,830 2,370 5,000 --0--

1540

JOURNAL OF THE SENATE,

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Positions Budgeted Authorized Motor Vehicles
C. 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

6,000 300
--0-- 5,240
900 18,500
5 0
560,555
570,863 29,897 17,335 10,600 18,900 500 50,075 35,735 16,760 14,500
765,165 243,863
26

2. LEAA Grants Budget:
LEAA State Buy In -- Carry Forward ............................$
LEAA Juvenile Justice. ...................$ LEAA Action Local. .....................$ LEAA Action State ......................$ LEAA Planning. ........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

10,815 1,520,000 5,260,000 3,172,339
622,400 10,585,554
286,200 0

3. Juvenile Justice 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

83,685 2,582 3,000 --0-- 1,000 --0-- --0-- 3,346 1,620 6,500
101,733 30,492
4

FRIDAY, FEBRUARY 15, 1980

1541

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 Planning. ........................$ LEAA Juvenile Justice . ...................$ LEAA State Buy In -- Carry
Forward ............................$ Total Positions Budgeted Authorized Motor Vehicles
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.

654,548 32,479 20,335 10,600 19,900 500 50,075 39,081 18,380 21,000
5,260,000 3,172,339
622,400 1,520,000
10,815 30 2

D. Budget Unit: Georgia Residential Finance Authority ....................$
Georgia Residential Finance 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 ..............$ Rental Assistance Payments. ...............$ Grants to Housing Sponsors. ...............$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

--0--
701,914 94,000 52,000 15,900 24,700 18,050 62,381 61,630 36,620 99,880
4,930,800 616,250
6,714,125 --0-- 38 0

1542

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 ..............$ Rental Assistance Payments. ...............$ Grants to Housing Sponsors. ...............$ Total Positions Budgeted Authorized Motor Vehicles
Section 17. Off ice of Comptroller General.
Budget Unit: Office of Comptroller General ..............................$
1. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted
2. Insurance Regulation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Computer Equipment and
Feasibility Study ......................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

701,914 94,000 52,000 15,900 24,700 18,050 62,381 61,630 36,620 99,880 4,930,800 616,250
38 0
4,176,181
378,607 58,704 5,200 --0-- 6,600 --0-- --0-- --0-- 13,083 1,000
463,194 451,819
21
743,179 30,499 5,480 --0-- 25,100 2,150 36,200 18,816 24,768 5,000
--0-- 891,192 891,192
44

FRIDAY, FEBRUARY 15, 1980

1543

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
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
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 Position Budgeted
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel... .............................$ Motor Vehicle Equipment Purchases. ........$

272,929 17,216 14,300 --0-- 3,200 775 --0-- --0-- 4,732 --0--
313,152 313,152
14
659,680 35,705 16,000 --0-- 3,400 775 --0-- 20,268 19,490 1,000
756,318 756,318
43
1,673,828 89,176 115,000 103,700 9,000 1,500 --0-- 34,405 25,716 --0--
2,052,325 1,763,700
103
3,728,223 231,300 155,980 103,700

1544

JOURNAL OF THE SENATE,

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Computer Equipment and
Feasibility Study ......................$ Per Diem, Fees and Contracts ..............$ Total Positions Budgeted Authorized Motor Vehicles
Section 18. Department of Defense.
Budget Unit: Department of Defense .........$

47,300 5,200
36,200 73,489 87,789
--0-- 7,000
225 57
2,333,712

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. .................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

619,000 67,959 3,000 --0-- 23,000 5,675 --0-- --0-- 25,000 10,000
--0-- 18,000 25,000 10,000 806,634 806,634
34

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

633,860 76,844 16,500 --0-- 6,000 5,500 --0-- --0-- 22,600 17,500
778,804 400,661
33

FRIDAY, FEBRUARY 15, 1980

1545

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

101,849 114,906
2,400 --0-- --0-- 9,000 --0-- --0-- --0--
500 277,500 525,420 1,031,575 846,385
5

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

160,760 7,726 18,520 --0-- 1,500 --0-- --0-- 3,600 3,795 --0--
195,901 --0-- 9

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

1,595,389 1,277,531
3,000 --0-- --0-- --0-- --0-- --0-- 1,800 --0-- 2,877,720 280,032
118

1546

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 ..............$ Military Assistance to
Safety and Traffic Grant ................$ National Guard Units Grants ..............$ Georgia Military Institute Grant ............$ Civil Air Patrol Contract. .................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

3,110,858 1,544,966
43,420 --0--
30,500 20,175
--0-- 3,600 53,195 28,000
--0-- 277,500
18,000 25,000 535,420
199 20

Section 19. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education. ..........................$ 1,126,064,093

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 ..............$ Utilities. ..............................$ Total Funds Budgeted ....................$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,280,526 276,525 313,770 --0-- 226,340 42,657 --0-- 145,592 153,339 283,578 18,760
3,741,087 55,955
1,466,208 120

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. ....................$

229,882 40,468 2,500 --0-- 2,500 1,000 --0-- 2,274 3,800

FRIDAY, FEBRUARY 15, 1980

1547

Per Diem, Fees and Contracts ..............$ Total Funds Budgeted . ...................$ IndirectGBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted
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

332,970 615,394
2,274 613,120
2
2,212,736 220,713 181,000 --0-- 76,791 5,424 --0-- 95,319 68,050
2,214,927 7,867
5,082,827 949,394 113

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

2,819,237 1,741,686
69,994 --0--
147,902 40,893
--0-- 7,458 64,019 208,130 298,636 --0-- 5,397,955 4,451,846
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 ..............$

677,613 304,374
21,628 --0-- 9,600 9,015 _0_
97,218 29,750 107,450

1548

JOURNAL OF THE SENATE,

Utilities. ..............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,390 1,264,038
716,098 49

6. State 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 . ...................$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted
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. ...........$ Indirect GBA Rents ......................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$

849,286 98,746 66,931
--0-- 22,800 17,569
--0-- 114,884 25,679 150,609 1,346,504 45,509 956,134
41
3,847,046 216,230 251,222 --0-- 253,291 76,717
1,207,690 181,604 90,166 139,035 3,488
6,266,489 130,000 96,262
3,640,572 215
382,986 20,416 1,200 --0-- 8,112 --0-- --0-- 22,074 15,816 200

FRIDAY, FEBRUARY 15, 1980

1549

Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

450,804 432,401
29

9. Planning and 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

1,828,343 106,239 126,144 --0-- 76,364 10,580 --0-- 85,445 56,627
1,348,324 3,638,066 2,643,914
92

10. 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. ......................$
Cash Grants for Capital Outlay. ............$ Authority Lease Rentals ..................$

--0--
624,243 65,441,220
--0--

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a)(l)and 10(a)(2)). . . . .$ 435,418,931

Salaries of Instructional Personnel (Sec. 5)... $ 67,899,366

Salaries of Student Supportive

Personnel (Sec. 20 (a)). ................$ 19,137,780

Salaries of Administrative

and Supervisory Personnel (Sec. 21) ......$ 52,898,872

Special Education Leadership

Personnel (Sec. 21 (c) (2)) ..............$ 2,128,174

Instructional Media (Sec. 13) .............$ 16,869,699

Instructional Equipment (Sec. 14) .........$ 655,898

Maintenance and Operation (Sec. 15) ......$ 72,578,536

Sick and Personal Leave (Sec. 16). .........$ 5,270,457

Travel (Sec. 17) .......................$

743,350

Instructional Specialists (Sec. 12) ..........$

--0--

Pupil Transportation--Regular (Sec. 25) .... $ 45,614,514

Public Transportation--

Special (Sec. 25) .....................$ 5,368,877

Isolated Schools . ......................$

277,188

Kindergarten Program. .................$ 39,961,844

Mid-Term Adjustment .........,........$

--0--

1550

JOURNAL OF THE SENATE,

Non-APEG Grants:

Education of Children of

Low-Income Families. ................$ 81,285,228

Driver Education. .....................$

--0--

Teacher Retirement ....................$ 65,472,639

Instructional Services for

the Handicapped ....................$ 20,223,947

Preparation of Professional

Personnel in Education

of Handicapped Children ..............$

117,904

Educational Training Services

for the Mentally Retarded. .............$

--0--

Tuition for the Multi-handicapped. ........$ 622,000

Severely Emotionally Disturbed. ..........$ 10,013,494

Compensatory Education ...............$ 12,746,747

Guidance, Counseling and Testing. ........$

--0--

School Library Resources and

Other Materials .....................$ 3,735,241

School Lunch (Federal) .................$ 109,097,600

School Lunch (State) ...................$ 14,060,000

Supplementary Education Centers

and Services ........................$ 3,251,210

Staff Development .....................$ 980,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification. ..................$ 1,995,000

Cooperative Educational

Service Agencies. ....................$ 2,853,449

Superintendents' Salaries ................$ 3,703,435

High School Program. ..................$ 20,995,224

Area Vocational-Technical

Schools. ...........................$ 39,181,942

Career Education. .....................$

335,000

Junior College Vocational

Program. ..........................$ 1,050,357

Quick Start Program ...................$ 2,040,000

Comprehensive Employment

and Training .......................$ 3,595,000

Vocational Research

and Curriculum .....................$

730,000

Adult Education ......................$ 3,563,737

Salaries and Travel of

Public Librarians ....................$ 3,362,056

Public Library Materials ................$ 3,042,571

Talking Book Centers. ..................$

578,243

Public Library Maintenance

and Operation ......................$ 1,817,508

Public Library Construction .............$ 3,540,835

Comprehensive Planning ................$

300,000

Competency-Based High School

Graduation Requirements ............ . $

250,000

Vocational Special

Disadvantaged ......................$

521,970

FRIDAY, FEBRUARY 15, 1980

1551

Instructional Aides. ....................$

--0--

Teacher Health Insurance ...............$ 31,285,508

Special Projects .......................$ 160,000

Nutritional Education ..................$ 175,700

Regional ITV Projects ..................$ 100,000

Basic Skills. ..........................$

--0--

H. B. 95 Tax Rebate. ...................$ 75,000,000

Indo-Chinese Refugee. ..................$

--0--

Area Vocational Technical

School Construction ..................$ 875,000

Total Funds Budgeted ................... .$.1,353,547,494

State Funds Budgeted ................... .$.1,110,194,406

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 .........................$

15,127,655 3,025,397 1,034,389
--0-- 823,700 203,855 1,207,690 751,868 507,246 4,785,223 336,141
--0--

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a)(l)

andlO(a)(2)) .......................$ 435,418,931

Salaries of Instructional

Personnel (Sec. 5) ....................$ 67,899,366

Salaries of Student Supportive

Personnel (Sec. 20 (a)). ................$ 19,137,780

Salaries of Administrative and

Supervisory Personnel (Sec. 21 )..........$ 52,898,872

Special Education Leadership

Personnel (Sec. 21(c)(2)). ..............$ 2,128,174

Instructional Media (Sec. 13) .............$ 16,869,699

Instructional Equipment (Sec. 14) .........$ 655,898

Maintenance and Operation (Sec. 15) ......$ 72,578,536

Sick and Personal Leave (Sec. 16). .........$ 5,270,457

Travel (Sec. 17) .......................$ 743,350

Instructional Specialists. ................$

--0--

Pupil Transportation--

Regular (Sec. 25). ....................$ 45,614,514

Pupil Transportation--

Special (Sec. 25) .....................$ 5,368,877

Isolated Schools . ......................$ 277,188

Kindergarten Program. .................$ 39,961,844

Mid-Term Adjustment ..................$

--0--

1552

JOURNAL OF THE SENATE,

Non-APEG Grants:

Education of Children of

Low-Income Families. ................$ 81,285,228

Driver Education. .....................$

--0--

Teacher Retirement ....................$ 65,472,639

Instructional Services for

the Handicapped ....................$ 20,223,947

Preparation of Professional

Personnel in Education

of Handicapped Children ..............$

117,904

Educational Training Services

for the Mentally Retarded. .............$

--0--

Tuition for the Multi-handicapped. ........$

622,000

Severely Emotionally Disturbed. ..........$ 10,013,494

Compensatory Education ...............$ 12,746,747

High School Program. ..................$ 20,995,224

Vocational Research

and Curriculum .....................$

730,000

Adult Education ......................$ 3,563,737

Area Vocational Technical Schools ........$ 39,181,942

Career Education. .....................$

335,000

Junior College Vocational

Program. ..........................$ 1,050,357

Quick Start Program ...................$ 2,040,000

Comprehensive Employment

,

and Training .......................$ 3,595,000

Guidance, Counseling and Testing. ........$

--0--

School Library Resources and

Other Materials .....................$ 3,735,241

Salaries and Travel of

Public Librarians ....................$ 3,362,056

Public Library Materials ................$ 3,042,571

Talking Book Centers. ..................$ 578,243

Public Library Maintenance

and Operation ......................$ 1,817,508

Public Library Construction .............$ 3,540,835

School Lunch (Federal) .................$ 109,097,600

School Lunch (State) ...................$ 14,060,000

Supplementary Education

Centers and Services. .................$ 3,251,210

Staff Development .....................$

980,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification. ..................$ 1,995,000

Cooperative Educational

Service Agencies. ....................$ 2,853,449

Superintendents' Salaries ................$ 3,703,435

Comprehensive Planning ................$

300,000

Competency-Based High School

Graduation Requirements .............$

250,000

Vocational Special Disadvantaged. ........$

521,970

Instructional Aides. ....................$

--0--

FRIDAY, FEBRUARY 15, 1980

1553

Teacher Health Insurance ...............$ Special Projects .......................$ Regional ITV Projects ..................$ Indo-Chinese Refugee. ..................$ Nutritional Education ..................$ Basic Skills. ..........................$ H.B. 95 Tax Rebate ....................$ 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 .....................$
Cash Grants for Capital Outlay . .....................$
Authority Lease Rentals ..................$ Total Positions Budgeted Authorized Motor Vehicles

31,285,508 160,000 100,000 --0-- 175,700 -- 0--
75,000,000
875,000
--0--
624,243
65,441,220 --0-- 841 17

B. Budget Unit: Institutions ..................$ 10,677,856

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

1,841,419 263,036 7,563 35,590 6,482 49,425 --0-- --0-- 13,829 14,450 130,925 10,000
2,372,719 2,016,335
15 2

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. ..............................$

3,375,804 571,120 9,294 7,403 200 294,504 --0-- --0-- 14,141 96,083 173,077

1554

JOURNAL OF THE SENATE,

Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ....................$ State 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
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 ......................$

1,008,626 --0--
5,550,252 3,964,681
271
1,258,828 176,810 6,086 --0-- 3,700 124,006 --0-- --0-- 13,028 9,400 71,054 --0--
1,662,912 1,438,797
87
1,816,110 563,819 19,335 --0-- 5,580 70,830 --0-- --0-- 13,421 5,054 197,475 -0-- --0--
2,691,624 1,724,119
106
1,434,928 452,304 13,425 --0-- 3,360 76,400 --0-- --0--

FRIDAY, FEBRUARY 15, 1980

1555

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

10,972 8,960 197,005 --0-- --0-- 2,197,354 1,533,924
94

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ..................... .k Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities ...............................$ Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Positions Budgeted Authorized Motor Vehicles

9,727,089 2,027,089
55,703 42,993 19,322 615,165
--0-- -- 0-- 65,391 133,947 769,536 1,018,626 --0--
710 80

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 obli gation of the current funds of the State, unless such pro gram 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 and Teachers' Health Insurance 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 1 through 6 and shall be used for remedial purposes only. Provided, further, that $ 10,246,747 of these funds shall be distributed on a pari ty formula based on the total average daily attendance in grades 1 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 criterionreferenced test in reading.

1556

JOURNAL OF THE SENATE,

Provided, further, that for kindergarten programs, each system shall be allotted instructional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, ex cept in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost and $9,644 for operational cost incurred by continued units and $ 12,493 for operational cost incurred by new units in pre-school development programs. Operational cost shall include maintenance and operation, sick and personal leave, in structional media, instructional equipment, testing, transportation, and additional instructional personnel when such additions will have the effect of serving addi tional students, provided such additional students shall not be used for the purpose of earning additional instruc tional units.
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 $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, that of the above approriation 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 al located 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.

FRIDAY, FEBRUARY 15, 1980

1557

3. No project shall be eligible unless it is to be utiliz ed at or near capacity for the foreseeable future.
4. No project shall be eligible unless it comprehen sively 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 construction 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, consolida tion, 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 Maintenance 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.
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.
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 APEG Grants, $ 18,352,370 is designated and committed for ad justing the basis for allotment of instructional units under Section 10 to 1:20 for grades 1-2.
Provided, however, that local school systems, in ac cordance with State Board policy, may use additional in structional units earned in grades 1 - 2 to employ either

1558

JOURNAL OF THE SENATE,

certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Section 10b(2) and Section 15(M&O).
Provided, that of the above appropriation for $980,000 for Staff Development, $90,000 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 pro gram plan for gifted students by the State Superintendent of Schools.
Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(c) (2) of APEG for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the month of June with the prior approval of the Office of Planning and Budget.
Provided that of the above appropriation for Area Vocational Technical School Construction, $350,000 is hereby designated and committed for the planning and design of a facility in Gwinnett County.
Section 20. Employees' Retirement System.
Budget Unit: Employees' Retirement System ... $
Employees' Retirement System 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 ..............$ TotalFunds 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 ......................$

--0--
476,006 42,968 6,000 --0-- 12,000 4,700 150,700 48,130 8,050
315,000 1,063,554
--0-- 28
476,006 42,968 6,000 --0-- 12,000 4,700 150,700

FRIDAY, FEBRUARY 15, 1980

1559

Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Positions Budgeted Authorized Motor Vehicles

48,130 8,050
315,000 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ...........$ 15,259,590

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 ..............$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

547,840 285,340
3,800 --0--
751 7,000 9,821 --0-- 8,505 61,976 --0-- 925,033 208,533
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

11,658,340 2,024,398
80,000 700,000
20,040 1,100,480
35,840 12,501 383,280 10,920 60,000 160,500 16,246,299 13,441,443
810

3. General Administration and Support Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel... .............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$

545,492 82,580 17,100 4,830 47,212 700 61,506

1560

JOURNAL OF THE SENATE,

Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Contractual Research ....................$ Herty Foundation .......................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

-- 0-- 14,726 5,066 392,000
--0-- 1,171,212 1,109,614
25

4. Wood Energy Budget:

Wood Energy Program ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

500,000 500,000 500,000
2

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 ..............$ Contractual Research ....................$ Ware County Grant .....................$ Herty Foundation .......................$ Wood Energy Program ...................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

12,751,672 2,392,318
100,900 704,830 68,003 1,108,180 107,167
12,501 406,511
77,962 392,000
60,000 --0--
500,000 160,500
867 751

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Cooperative Forest Protection, Co operative Forest Management, Insect and Disease, Forest Incentive 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.

It is the intent of this General Assembly that the Forestry Commission have authority to control the ap plication of the Contractual Research funds in the above appropriation.

FRIDAY, FEBRUARY 15, 1980

1561

Section 22. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation. ..........................$ 12,053,297

1. General Administration Budget:
Personal Services. .......................$ Regular Opera ting 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

393,393 24,328 4,900 13,300 2,250 2,550 --0-- 27,000 18,134 --0-- 3,600
489,455 489,455
23

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 .....................$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

4,180,246
545,315 252,150 281,300
17,200 22,962
1,500 66,200 165,818
2,800 140,000
6,900 850
5,683,241 5,480,797
181

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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,644,506 249,369 21,000 62,500 4,000 477,000 132,200 10,170 40,308 500 13,000
2,654,553 2,295,665
83

1562

JOURNAL OF THE SENATE,

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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage. ..............................$ 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 ..............$ Evidence Purchased .....................$ Postage ...............................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

1,555,676 101,534 10,450 --0-- 50,964 --0--
1,707,407 3,000
338,149 3,200 17,000
3,787,380 3,787,380
103
7,773,821 920,546 288,500 357,100 74,414 502,512
1,841,107 106,370 562,409 6,500 140,000 40,500 850 390 226

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 Of fice 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 proj ect grants.

Section 23. Georgia Franchise Practices Commission.
Budget Unit: Georgia Franchise Practices Commission ....................$

39,979

RIDAY, FEBRUARY 15, 1980

1563

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
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 Authorized Motor Vehicles
Section 24. Georgia State 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

19,629 7,900
850 --0-- 1,500
250 --0-- 2,850 2,000 5,000 39,979 39,979
2
19,629 7,900 850 --0-- 1,500 250 --0-- 2,850 2,000 5,000 2 0
--0--
643,168 74,500 6,000 --0-- 12,600 1,750 25,000 52,911 14,000
188,000 1,017,929
--0-- 30

1564

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 Authorized Motor Vehicles

643,168 74,500 6,000 --0-- 12,600 1,750 25,000 52,911 14,000
188,000 30 0

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Administrative Services, Department of Human Resources and the Department of Industry and Trade, authorized in Section 47 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects:

Regional Hospital at Thomasville ...........$ State Office Building in Atlanta. ............$ Expansion of Georgia Ports Authority
Facilities at Savannah ..................$ Expansion of Georgia World Congress
Center in Atlanta ......................$ Acquisition of Office Facility
in Atlanta ...........................$

14,000,000 5,000,000 25,000,000
10,000,000
3,000,000

Section 25. Off ice of the Governor.

A. Budget Unit: Governor's Office. ............$ 4,575,836

1. Governor's Office Budget:
Cost of Operations ......................$ Mansion Allowance. .....................$ Governor's Emergency Fund. ..............$ Intern Stipends and Travel ................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

1,258,027 40,000
3,000,000 77,298
4,375,325 4,375,325

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. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

FRIDAY, FEBRUARY 15, 1980

1565

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.
2. Office of Fair Employment Practices 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

304,599
14,220 18,800
--0-- 2,600 4,000 --0-- 15,627 9,440 74,474 443,760 200,511
14

Budget Unit Object Classes:

Cost of Operations ......................$ Mansion Allowance. .....................$ Governor's Emergency Fund. ..............$ Intern Stipends and Travel ................$ Personal Services. .......................$ 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 Authorized Motor Vehicles
B. Budget Unit: Office of Planning and Budget. .........................$
1. General Administration and Support Budget:

1,258,027 40,000
3,000,000 77,298
304,599 14,220 18,800 --0-- 2,600 4,000 --0-- 15,627 9,440 74,474 14 1
4,675,712

Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$

338,099 22,306 10,000

1566

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
2. Council of the Arts Budget:

--0-- 20,000
500 --0-- 160,716 7,000 11,000 569,621 569,621
15

Personal Services. .......................$ 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
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
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. ....................$

108,466 8,230 4,100 --0-- 10,199 --0-- --0-- 14,045 6,300 9,480
1,729,705 1,890,525 1,103,626
8
205,173 6,391 6,000 --0-- --0-- 300 --0-- -0-- 4,269 --0--
222,133 207,133
9
162,812 9,873 18,902 --0-- 300 64 --0-- --0-- 5,857

FRIDAY, FEBRUARY 15, 1980
Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
5. Management Review Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel... .............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................I State Funds Budgeted ....................$ Total Positions Budgeted

1567
1,000 198,808 198,808
7
461,653 15,560 6,100 --0-- --0-- --0-- 12,000 --0-- 9,000 300
504,613 459,334
21

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

265,081 5,400 3,500 --0-- --0-- 500 --0-- --0-- 4,500 --0--
278,981 258,981
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 ..............$ TotalFunds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

774,582 48,250 14,000 --0-- 5,000 2,325 18,000 52,447 100,000 2,000
1,016,604 737,676 50

1568

JOURNAL OF THE SENATE,

8. State Energy 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
9. Governor's Committee on Post-Secondary 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
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 ................................$

414,866 46,700 48,026 --0-- 71,003 8,720 --0-- --0-- 14,300
4,824,535 5,428,150
299,747 18
96,543 5,988 3,300 --0-- 4,725 --0-- 5,000 7,350 3,045 11,650
137,601 61,421
4
85,506 3,730 6,000 --0-- 1,000 2,000 --0-- --0-- 2,600
58,000 158,836 158,836
3
319,745 15,480 20,000

FRIDAY, FEBRUARY 15, 1980

1569

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
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
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
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. ....................$

-- 0-- 6,500 2,000 14,000 -- 0-- 10,632 155,000 543,357 209,225
14
294,140 8,793 6,400 --0-- --0-- 1,250 --0-- --0-- 5,700 --0--
316,283 291,283
12
265,257 10,800 7,000 --0-- 600 492 --0-- 10,872 5,000 20,000
320,021 120,021
14
3,791,923 207,501 153,328 --0-- 119,327 18,151 49,000 245,430 178,203

1570

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ..............$ Art Grants. ............................$
Total Positions Budgeted Authorized Motor Vehicles

5,092,965 1,729,705
185 0

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 ....................$

6,800,000
2,600,000 2,600,000 2,600,000
4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties ......................$ Grants to Municipalities ..................$

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 27. Department of Human Resources.
A. Budget Unit: Departmental Operations. .........................$ 151,958,020

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 ...............................$ Institutional Repairs
and Maintenance ......................$ Capital Outlay .........................$ Total Funds Budgeted. ...................$ Indirect DOAS Services Funding. ...........$ Indirect GBA Funding. ...................$

8,613,315 613,620 397,225 --0-- 122,895 30,850
1,397,395 1,493,010
360,280 1,864,865
59,500 487,910
723,080 57,745
16,221,690 1,250,000 800,000

FRIDAY, FEBRUARY 15, 1980

1571

Agency Funds. .........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

5,717,307 2,462,986 5,991,397
523 7

General Administration and Support Functional Budgets

Total Funds

Commissioner's Off ice .......$ 568,805

Child Care Licensing ........$ 1,084,985

Laboratory Improvement .....$ 451,720

Child Support Recovery ......$ 1,948,420

Contract Management .......$ 1,159,370

Public Affairs ..............$ 270,440

Office of Administrative

Appeals .................$ 706,335

Health Care Facilities

Regulations ..............$ 1,726,530

Administrative Policy,

Coordination

andDirection ............$ 123,270

Personnel .................$ 1,458,330

Administrative Support

Services. ................$ 1,630,470

Office of Review

and Investigation. .........$ 524,180

Systems Planning,

Development and Training ..$ 374,375

Program Analysis ...........$ 104,365

Electronic Data Processing,

Planning and Coordination ..$ 1,517,395

Facilities Management .......$ 2,092,690

Regulatory Services--

Program Direction

andSupport. .............$ 480,010

IndirectCost. ..............$

--0--

Undistributed ..............$

--0--

Total. ....................$ 16,221,690

State Funds

Pos.

$ 568,805

19

$ 938,152

59

$ 287,040

19

$ 512,173 100

$ 170,835

9

$ 270,440

12

$ 706,335

22

$ 255,357

69

$ 123,270

5

$ 1,417,534

70

$ 1,256,747

60

$ 223,374

22

$ 374,375

22

$ 104,365

7

$ 229,735

0

$ 1,292,690

7

$ 280,010

21

$ (3,019,840)

0

$

--0--

0

$ 5,991,397 523

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...............................$

3,718,895 122,190 139,365 --0-- 25,635 --0-- --0-- 9,700 4,500 150,000 100 700

1572

JOURNAL OF THE SENATE,

Total Funds Budgeted. ...................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

4,171,085 --0--
1,698,803 2,472,282
223 0

Financial Management Functional Budgets

Total Funds

Budget Administration .......$ 838,315

Accounting Services .........$ 2,054,160

Auditing Services ...........$ 1,278,610

IndirectCost. ..............$

-0-

Undistributed ..............$

--0--

Total. ....................$ 4,171,085

State Funds

Pos.

$ 838,315

35

$ 2,054,160 129

$ 1,228,610

59

$(1,648,803)

0

$

--0--

0

$ 2,472,282 223

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 ..............$ Grant to Parent-Child Center ..............$ Utilities ...............................$ Postage ...............................$ Benefits for Child Care ...................$ Total Funds Budgeted ....................$ Indirect DO AS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,945,635 84,410 96,070 --0-- 19,030 --0-- --0-- 169,480 53,720
22,648,035 12,000 --0-- 3,000
504,000 25,535,380
--0-- 20,978,016
4,557,364 109 0

Special Programs Functional Budgets

Total Funds State Economic
Opportunity Office ........$ 332,205 District Programs,
Director's Office ..........$ 654,810 Council Administration ......$ 387,080 Child Development
Administration ...........$ 1,273,325 Child Development
Contracts--Foster Care. ....$ 267,605 Special Projects. ............$ 212,000

State Funds

Pos.

$ 66,375

18

$ 507,020

25

$ 171,927

13

$

567

44

$

16,774

0

$ 212,000

0

FRIDAY, FEBRUARY 15, 1980

1573

Child Development

Contracts--Day Care ......$ 20,007,380

$ 2,786,558

0

Child Development

Contracts--Home

Management. ............$ 531,350

$ 96,017

0

Child Development

Contracts--Outreach ......$ 620,985

$ 74,615

0

Appalachian Health

and Child Development. ....$ 427,235

$ 67,606

9

Information and Referral .....$ 317,405

$ 53,905

0

Troubled Children Benefits. ...$ 504,000

$ 504,000

0

Undistributed ..............$

--0--

$

--0--

0

Total. ....................$ 25,535,380

$ 4,557,364

109

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 ..............$ Utilities ................................$ Postage...............................$ Total Funds Budgeted ....................$ Indirect DOAS Services Fund ing. ...........$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,679,440 119,980 45,650 --0-- 42,670 1,000 --0-- 33,955 180,285 215,000 --0-- 700
2,318,680 145,000 501,820
1,671,860 106 0

Physical Health--Program Direction and Support Functional Budgets.

Total Funds

Director's Office. ...........$ 409,025

Employee's Health ..........$ 197,975

Primary Health Care ........$ 511,960

Special Projects. ............$ 77,580

Health Program Management. .$ 263,300

Vital Records ..............$ 730,200

Health Services Research .....$ 128,640

Undistributed ..............$

--0--

Total. ....................$ 2,318,680

State Funds

Pos.

$ 264,025

7

$ 114,975

9

$ 183,140

13

$ 37,580

3

$ 252,300

15

$ 730,200

52

$ 89,640

7

$

--0--

0

$ 1,671,860 106

1574

JOURNAL OF THE SENATE,

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 ...................$ Benefits for Medically Indigent High Risk Pregnant Women and Their Infants .........................$ Grant to Grady Hospital for Cystic Fibrosis Program. ................$ Contract with Emory University for Cancer Research. ...................$ Contract with Emory University for Arthritis Research. ..................$ Grant for Cystic Fibrosis Program ..........$ Family Planning Benefits .................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

4,309,680 2,057,230
276,885 10,895
116,765 32,880 193,000 303,760 47,950 6,470,580
--0-- 25,330
3,239,000 2,953,515
450,000 1,632,000
100,000
25,000
40,000
50,000
170,000 50,000 226,530 22,781,000
--0-- 11,232,651 11,548,349
273 5

Physical Health -- Family Health Functional Budgets

Total Funds Family Health Management ...$ 5,994,360 Cancer Control. ............$ 2,167,460 Crippled Children. ..........$ 5,022,140 Immunization. .............$ 511,485 Maternal Health ............$ 216,345 Sexually Transmitted Diseases .$ 193,885 Infant and Child Health ......$ 3,739,260 Diabetes. .................$ 241,005 Chronic Disease ............$ 1,348,210

State Funds

Pos.

$ 300,917

27

$ 1,952,460

4

$ 2,249,607

91

$

--0--

25

$ 216,345

7

$ 193,885

7

$ 3,696,603

11

$ 31,330

10

$ 1,348,210

26

FRIDAY, FEBRUARY 15, 1980

1575

Coordination, Education,

Prevention. ..............$ 466,965

$

--0--

6

Malnutrition. ..............$ 253,950

$

--0--

8

Stroke and Heart Attack

Prevention. ..............$ 333,960

$ 141,225

4

Family Planning. ...........$ 741,460

$ 44,252

12

Epidemiology ..............$ 603,115

603,115

7

Dental Health ..............$ 57,800

$ 57,800

3

Community Tuberculosis

Control .................$ 889,600

$ 712,600

25

Undistributed ..............$

--0--

$

--0--

0

Total. ....................$ 22,781,000

$ 11,548,349 273

6. Physical Health -- Community Health 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 ...............................$ Postage ...............................$ Total Funds Budgeted ...............-.....$ Indirect DOAS Services Funding. ...........$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

3,005,995 463,935 45,375 --0-- 30,500 49,145 --0-- 36,585 4,000 132,320 --0-- 12,200
3,780,055 --0--
393,150 3,386,905
174 5

Physical Health -- Community Health Functional Budgets

Total Funds

Radiological Health .........$ 340,565

Occupational Health ........$ 250,405

Laboratory Services .........$ 2,765,375

Emergency Health ..........$ 423,710

Undistributed ..............$

-0-

Total. ....................$ 3,780,055

State Funds

Pos.

$ 340,565

13

$ 250,405

9

$ 2,372,225

138

$ 423,710

14

$

-0-

0

$ 3,386,905

174

7. Physical Health -- Local Services Budget:
Personal Services. ........ Regular Operating Expenses

.....$ 9,449,305 ,,..,$ 10,935,360

1576

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.. .............................$ Postage ...............................$ Family Planning Benefits .................$ Midwifery Program Benefits ...............$ Crippled Children Benefits ................$ Grants to Counties for Teenage
Pregnancy Prevention ..................$ 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. .........................$ TitleXXFunds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

433,700 --0--
37,500 35,290
--0-- 96,375 116,755 3,815,505
7,980 24,455 75,000 175,000 1,076,505
250,000
3,451,480
110,910
119,260 18,931,440 49,141,820
80,000 21,953,174
1,100,000 26,008,646
581 2

Physical Health -- Local Services Functional Budgets

Total Funds

Minimum Foundation .......$ 5,632,900

Grant-in-Aid to Counties. .....$ 16,516,310

Stroke and Heart

Attack Prevention .........$ 436,835

Family Planning. ...........$ 4,919,720

Sickle Cell, Vision

and Hearing .............$ 309,110

Sexually Transmitted

Diseases. ................$ 836,085

High Risk Pregnant Women

and Their Infants. .........$ 3,865,535

NewbornFollow-UpCare. ....$ 232,065

District Dental .............$ 653,375

Teenage Pregnancy Prevention. $ 250,000

District Crippled Children ....$ 1,835,205

Mental Retardation Projects. ..$ 230,170

Malnutrition. ..........,...$ 13,424,510

Undistributed ..............$

--0--

Total. ....................$ 49,141,820

State Funds

Pos.

$ 5,240,079 235

$13,457,810

0

$ 386,835

21

$ 473,480 195

$ 309,110

15

$ 132,013

26

$ 3,792,535

19

$ 232,065

12

$ 653,375

18

$ 250,000

0

$ 1,081,344

33

$

--0--

0

$

--0-

7

$

--0--

0

$ 26,008,646 581

FRIDAY, FEBRUARY 15, 1980

1577

8. Mental Health -- Program Direction and Support 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 ...............................$ Postage. ..............................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ Agency Funds. .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,914,820 141,835 160,505 --0-- 56,800 13,605 670,480 84,750 128,955
1,172,565 2,500 2,100
5,348,915 545,000
2,165,294 2,638,621
145

Mental Health--Program Direction and Support Functional Budgets.

Total Funds

State Funds

Pos.

Administration. ............$ 1,755,065

$ 1,755,064

63

Special Projects

andContracts ............$ 1,183,890

$

844

8

Program Coordination .......$ 2,409,960 $ 882,713

74

Undistributed ..............$

--0--

$

--0--

0

Total. ....................$ 5,348,915 .$ 2,638,621 145

9. 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 24hour Emergency Social Services. ..........$
Benefits for Child Care ...................$ Homemaker Meals ......................$ Chatham County Homemaker Projects . ......$ Douglas County Homemaker Project. ........$ Fulton County Homemaker Project. .........$ Total Funds Budgeted . ...................$

--0-- --0-- -0--0-- --0-- --0-- --0-- --0-- --0-- 250,000 --0-- --0-- 800,000
130,000 8,039,080
151,400 406,330
94,700 230,735 10,102,245

1578

JOURNAL OF THE SENATE,

Agency Funds. .........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

4,476,162 1,342,374 4,283,709
0

Purchase of Social Services Functional Budgets

Total Funds

State Funds Pos.

Work Incentive Benefits ......$ 800,000 $ 80,000

0

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 ...$ 2,353,130 $ 787,427

0

AFDC--Institutional

Foster Care ..............$ 740,805 $ 247,987

0

Specialized Foster Care. ......$

50,000 $ 12,500

0

Child Welfare-

Family Foster Care ........$ 3,500,310 $ 2,007,212

0

Adoption Supplement ........$ 111,180 $ 111,180

0

Non-AFDC Institutional

Foster Care ..............$ 140,000 $ 140,000

0

Liability Insurance ..........$

16,000 $ 16,000

0

Emergency Shelter Care ......$

80,000 $ 20,000

0

Day Care .................$ 692,655 $ 342,653

0

Psychiatric, Psychological

and Speech Therapy .......$ 120,000 $ 30,000

0

Maternity Care .............$ 230,000 $ 230,000

0

Returnof Runaways--County. .$

5,000 $

1,250

0

Homemaker Projects. ........$ 883,165 $ 65,000

0

Undistributed ..............$

--0-- $

--0--

0

Total. ....................$ 10,102,245 $ 4,283,709

0

10. 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 Authorized Motor Vehicles

519,270 14,510 16,270 --0-- 4,550 --0-- --0-- 23,870 16,500 2,500 --0-- --0-- --0--
597,470 --0-- --0--
597,470 25 0

FRIDAY, FEBRUARY 15, 1980

1579

11. Services to the Aged 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. ..............................$ Areawide and Community Grants. ..........$ Nutrition Grants ........................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds. .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

804,385 22,540 47,630 --0-- 4,390 10,450 --0-- 48,770 25,240
6,760,420 --0-- 1,265
3,156,565 5,743,395 16,625,050
--0-- 15,353,333
1,271,717 41

Services to the Aged Functional Budgets

Total Funds

Title XX Adult Services. ......$ 5,321,315

Administration and Planning ..$ 2,403,775

Nutrition Grants. ...........$ 5,743,395

Areawide Grants. ...........$ 3,156,565

Undistributed ..............$

--0--

Total. ....................$ 16,625,050

State Funds

Pos.

$ 769,027

0

$ 237,690

41

$ 265,000

0

$

--0--

0

$

--0--

0

$ 1,271,717

41

12. 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. ..........................$ Grants for Nephrology Centers .............$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,016,055 81,060 61,640 --0-- 22,840 46,300
384,400 9,500
28,125 464,485
--0-- 2,150 137,700 185,000 2,439,255 25,000 1,879,778 534,477
54

1580

JOURNAL OF THE SENATE,

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 1,397,910

Grants Management. ........$ 1,041,345

Undistributed ..............$

--0--

Total. ....................$ 2,439,255

State Funds

Pos.

$ 237,574

40

$ 296,903

14

$

-0-

0

$ 534,477

54

13. Vocational Rehabilitation-- 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 ..............$ Utilities. ..............................$ Postage ...............................$ Capital Outlay .........................$ Case Services. ..........................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

2,269,800 145,195 18,180 6,500 300 900 --0-- 92,700 29,245 99,580 52,690 2,885 --0-- --0--
2,717,975 --0--
1,783,094 268,000 666,881 156 14

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds Youth Development Center--
V.R. Unit. .................$ 208,185 Atlanta Rehabilitation Center ....$ 1,261,325 Alto Rehabilitation Center. ......$ 219,655 Cave Spring
Rehabilitation Center. ........$ 246,050 Yarbrough Rehabilitation Center .$ 467,465 Georgia Vocational Adjustment
Center--Gracewood. .........$ 315,295 Undistributed .................$ --0-- Total .......................$ 2,717,975

State Funds
$ 52,046 $ 302,718 $ 54,914
$ 61,512 $ 116,867
$ 78,824 $ --0-- $ 666,881

Pos.
12 65 12
16 27
24 0
156

FRIDAY, FEBRUARY 15, 1980

1581

14. 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 ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................I State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

3,820,940 794,230 17,195 --0-- 4,425 --0-- --0-- --0-- 96,740 354,845 336,020 6,000 --0-- --0--
5,430,395 100,000
3,585,974 1,744,421
322 13

Roosevelt Warm Springs Rehabilitation Services-- Hospital Services Functional Budgets.

Total Funds

Program Direction and

Support .................$ 5,249,230

Family Involvement

Project. .................$ 181,165

Undistributed ..............$

--0--

Total. ....................$ 5,430,395

State Funds

Pos.

$ 1,735,896 311

$

8,525

11

$

--0--

0

$ 1,744,421 322

15. 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 ...............................$ CaseServices. ....................,.....$ Total Funds Budgeted ...................$

1,669,725 3,205,230
57,840 11,000 3,215 9,800
--0-- 16,000 16,970 61,670 58,475 4,100 225,000 5,339,025

1582

JOURNAL OF THE SENATE,

Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

4,943,789 395,236 42 13

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations ................$ 4,384,335

Supervision. ...............$ 248,675

Vocational Rehabilitation Unit. $ 91,160

Business Enterprise Vending

StandProject. ............$ 614,855

Undistributed ..............$

--0--

Total. ....................$ 5,339,025

State Funds

Pos.

$

--0--

0

$ 248,675

19

$ 22,790

6

$ 123,771

17

$

--0--

0

$ 395,236

42

16. Vocational Rehabilitation--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 ...............................$ Contract for Epilepsy ....................$ Case Services. ..........................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

11,577,205 358,645 355,000 --0-- 10,200 --0-- --0-- 528,045 352,110 137,360 72,350 62,970 50,000
14,260,980 27,764,865
200,000 21,697,609
5,867,256 711 3

17. 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. ....................$

1,538,065 193,335 8,200 8,000 1,400 --0-- --0-- --0-- 44,645

FRIDAY, FEBRUARY 15, 1980

1583

Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Postage ...............................$ Case Services. ..........................$ Total Funds Budgeted ....................$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

428,370 159,250
4,000 85,000 2,470,265 2,200,985' 269,280
108 13

18. Vocational RehabilitationDisability Adjudication Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ PerDiem, Fees and Contracts ..............$ Utilities ...............................$ Postage ...............................$ Case Services. ..........................$ Total Funds Budgeted ....,...............$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted

4,835,185 219,230 15,635 --0-- 46,555 132,000 --0-- 303,925 230,845 211,120 --0-- 94,000
3,298,460 9,386,955 9,386,955
--0-- 307

19. Public Assistance Budget:

Personal Services. .......................$

--0--

Regular Operating Expenses ...............$

76,000

Travel ................................$

--0--

Motor Vehicle Equipment Purchases. ........$

--0--

Publications and Printing .................$

--0--

Equipment Purchases ....................$

--0--

Computer Charges ......................$

--0--

Real Estate Rentals ......................$

--0--

PerDiem, Fees and Contracts ..............$

--0--

SSI-Supplement Benefits ..................$

100

AFDC Benefits .........................$ 126,200,695

Total Funds Budgeted ....................$ 126,276,795

Agency Funds ..........................$ 84,002,831

State Funds Budgeted ....................$ 42,273,964

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ...........$

76,000

AFDC Payments. ..........$ 126,200,695

State Funds

Pos.

$

19,000

0

$42,254,864

0

1584

JOURNAL OF THE SENATE,

SSI--Supplement Benefits. ...$

100

$

100

0

Undistributed. ............$

--0-

$

--0--

0

Total ...................$ 126,276,795

$ 42,273,964

0

20. Local Services--Community Services and Benefits Payments Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
39,709,990
33,938,545 73,648,535 21,714,619 20,267,129 31,666,787
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

Local Services--

Benefits Payments Grants ...$ 39,709,990

Grants to Counties

for Social Services. ........$ 33,938,545

Undistributed ..............$

--0--

Total. ....................$ 73,648,535

State Funds

Pos.

$19,854,995

0

$11,811,792

0

$

--0--

0

$ 31,666,787

0

21. 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... ............................$

5,507,675 220,445 281,350 --0-- 389,230 --0--
1,342,000 297,360 234,455
3,045,130 8,525

FRIDAY, FEBRUARY 15, 1980

1585

Postage...............................$ Total Funds Budgeted ....................$ Agency Funds..........................$ Indirect DOAS Services Funding. ...........$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

210,500 11,536,670 6,153,275
662,000 880,990 3,840,405
315

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds

Director's Off ice. ...........$ 530,010

Standards and Procedures. ....$ 423,090

Training. .................$ 714,830

Management Development ....$ 1,646,330

Administrative Support ......$ 2,569,735

FoodStamp ...............$ 2,379,510

District Program Operations. ..$ 2,035,515

Special Services ............$ 1,011,305

Eligibility Determination .....$ 226,345

Undistributed ..............$

--0--

Total. ....................$ 11,536,670

State Funds

Pos.

$ 193,756

12

$ 190,994

9

$ 122,951

13

$ 791,877

79

$ 641,374

20

$ 297,190

22

$ 962,925 101

$ 526,062

47

$ 113,276

12

$

--0--

0

$ 3,840,405 315

22. Family and Children Services-- District 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Agency Funds..........................$ Title XX Funds .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

473,225 20,495 28,305 --0-- --0-- --0-- --0-- 21,500 15,000 --0-- 4,000
562,525 165,082 126,450 270,993
19

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$

69,668,615 19,889,475 2,502,020
36,395 938,900 362,220

1586

JOURNAL OF THE SENATE,

Computer Charges ......................$ 3,987,275

Real Estate Rentals ......................$ 3,569,285

Telecommunications. ....................$ 1,986,320

Per Diem, Fees and Contracts ..............$ 48,284,350

Utilities ...............................$ 757,390

Postage ...............................$ 948,265

Capital Outlay .........................$

57,745

Grants for Regional Prenatal

and Postnatal Care Programs. ............$ 3,239,000

Crippled Children Benefits ................$ 4,030,020

Kidney Disease Benefits. ..................$ 450,000

Cancer Control Benefits ..................$ 1,632,000

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants .........................$ 3,476,480

Family Planning Benefits .................$ 301,530

Benefits for Midwifery Program ............$ 175,000

Facilities Construction Grants. .............$

--0--

Grants for DeKalb County

Mental Retardation Project ..............$ 110,910

Grants for Chatham County

Mental Retardation Project ..............$ 119,260

Grant-In-Aid to Counties. .................$ 18,931,440

Work Incentive Benefits ..................$ 800,000

Grants to Fulton County for 24-hour

Emergency Social Services. ..............$ 130,000

Benefits for Child Care ...................$ 8,543,080

Homemaker Meals ......................$ 151,400

Chatham County Homemaker Project. .......$ 406,330

Douglas County Homemaker Project. ........$

94,700

Fulton County Homemaker Project. .........$ 230,735

Areawide and Community Grants. ..........$ 3,156,565

Nutrition Grants ........................$ 5,743,395

Grants for Nephrology Centers .............$ 185,000

CaseServices. ..........................$ 18,007,140

SSI-Supplement Benefits ..................$

100

AFDC Benefits .........................$ 126,200,695

Local Services Benefits

Payments Grants ......................$ 39,709,990

Grants to Counties for Social Services ........$ 33,938,545

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program. ..................$ 100,000

Institutional Repairs

and Maintenance ......................$ 723,080

Grant to Parent-Child Center ..............$

12,000

Contract with Emory University

For Arthritis Research ..................$ 170,000

Grant for Epilepsy Program ...............$

50,000

Grant to Grady Hospital for

Cystic Fibrosis Program. ................$

40,000

Grant for Teenage Pregnancy

Prevention Program. ...................$ 250,000

FRIDAY, FEBRUARY 15, 1980

Contract--Cancer Research at Emory ............................$
Grant for Cystic Fibrosis Programs. .........$ Total Positions Budgeted

Provided, that of the above appropriation, $ 100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other pur pose.

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'/2% 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 Car diovascular Council Stroke-Screening Program.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening.

Provided that no State funds shall be used for adver tising 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 adver tising.

There is hereby appropriated $42,254,864 in State funds for the purpose of making AFDC benefit payments.

Provided that for Fiscal 1980, the following max imum benefits and maximum standards of need shall ap ply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$106 161 193 227 260 282 305 324 341 365 390

Maximum Monthly Amount
$ 80 121 145 170 195 212 229 243 256 274 293

1587
50,000 50,000
4,234

1588

JOURNAL OF THE SENATE,

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 75% of the above standard of needs.
Provided, that of the above appropriation, $100,000 is designated and committed to operate the Rome Cerebral 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, 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 Pro grams, $3,239,000 is designated and committed for a Statewide program of pre-natal and post-natal care, in cluding all hospitals where such program or programs are providing or shall provide such care.
Provided, that of the above appropriation relating to Physical Health-Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program.
Provided, that grants of Federal Title V (Maternal and Child Health--A and B) funds above the amounts an ticipated in this appropriation shall be used to improve and expand Physical Health programs and not to sup plant State funds in this appropriation.

Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.

Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose.

Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds ap propriated herein shall be made from the date of cer tification and not from the date of application.

FRIDAY, FEBRUARY 15, 1980

1589

Provided, of the above appropriation relating to Special Programs, $200,000 is designated and committed for the Georgia Advocacy Program.
Provided further, the Department of Human Re sources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the pur pose of maintaining the grounds at the Roosevelt Warm Springs Hospital.
To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equipment, or purchase or reimburse for the purchase of drugs and medical treat ment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or public ly funded program and are determined to need support from the State.
B. Budget Unit: State Health Planning and Development ....................$
State Health Planning and Development Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel.. ..............................$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Total Positions Budgeted Authorized Motor Vehicles

376,400
644,515 34,485 41,425 6,000 9,000 15,000 43,800 24,000 191,950 12,000
1,022,175 --0--
645,775 376,400
33 0
644,515 34,485 41,425 6,000 9,000 15,000 43,800 24,000 191,950 12,000 33 0

1590

JOURNAL OF THE SENATE,

There is hereby appropriated $376,400 in State funds for this budget unit including such amounts as may be transferred from other sections of this Act for salary increases and health insurance.
C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ..................$ 201,559,457

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 ..................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$
Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

6,232,125 817,130 10,500 54,250 5,000 47,749 60,000 --0-- 78,000 210,144 234,000 8,320 387,000 --0--
8,144,218
1,105,568 60,000
6,978,650 484 23

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 ..............$ Utilities ...............................$ Postage ...............................$ Capital Outlay .........................$ Authority Lease Rentals ..................$ Total Funds Budgeted ....................$ Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

7,938,266 1,158,958
14,300 48,440
8,000 66,685 110,000
--0-- 97,000 127,125 300,000 10,000 475,603 513,000 10,867,377 1,025,413 93,000 9,748,964
620 25

FRIDAY, FEBRUARY 15, 1980

1591

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 ....................$ Agency Funds..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles
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 ..................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ......,.............$ Total Positions Budgeted Authorized Motor Vehicles
5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ....................-...........$ Motor Vehicle Equipment Purchases. ........$

6,369,402 648,548 11,800 38,400 1,100 24,475 100,000 --0-- 76,650 98,350 300,000 6,500 500,000 300,000
8,475,225 540,600 85,000
7,849,625 496 22
5,837,177 744,880 12,900 --0-- 3,820 8,760 75,000 --0-- 68,000 41,825 275,000 10,700 646,500 --0--
7,724,562 448,965 75,000
7,200,597 447 25
7,986,467 995,840 13,928 32,700

1592

JOURNAL OF THE SENATE,

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 . ...................$ Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

1,550 56,950 95,000
--0-- 77,000 40,075 783,000
6,700 --0-- 853,500 10,942,710 1,712,550 85,000 9,145,160
642 45

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 ...............!.........$ Total Funds Budgeted . ...................$ Agency Funds..........................$ IndirectDOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

21,651,001 2,572,960 10,700 25,000 6,500 761,556 60,000 --0-- 208,000 102,945 981,300 13,200 135,000
26,528,162 11,383,000
155,000 14,990,162
1,887 110

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 ...............................$ Capital Outlay .........................$

13,019,357 1,362,335 17,450 33,000 4,900 167,435 101,300 --0-- 115,900 165,530 724,600 14,000 552,000

FRIDAY, FEBRUARY 15, 1980

1593

Total Funds Budgeted ....................$ Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

16,277,807 2,111,666
90,000 14,076,141
1,136 53

Georgia Retardation 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 ...............................$ Postage ...............................$ Authority Lease Rentals ..................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ Agency Funds ..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

11,373,701 2,260,535
10,550 16,750 5,450 76,470 135,100
--0-- 127,300 80,060 728,300
7,700 794,000
--0-- 15,615,916 6,569,300
100,000 8,946,616
901 34

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 ....................$ Agency Funds..........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

6,574,239 866,810 13,900 21,500 11,610 96,990 97,700 --0-- 156,260 527,695 867,000 11,900 450,000 113,685
9,809,289 627,923 193,000
8,988,366 494 20

1594

JOURNAL OF THE SENATE,

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 ..................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds. .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

53,760,386 7,338,225 24,864 40,200 30,450 217,830 468,800 --0-- 420,000 231,170 3,285,200 42,500 786,000 250,000
66,895,625 13,611,851
589,000 52,694,774
4,311 216

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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Postage. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

8,718,065 1,154,485
5,500 30,350
3,000 43,580
--0-- --0-- 87,245 114,800 612,315 18,220 15,265 10,802,825 331,640 10,471,185
711 103

12. Regional Youth Development Centers Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$

3,975,600 612,525 9,600 --0-- 2,000 8,080 --0--

FRIDAY, FEBRUARY 15, 1980

1595

Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Postage ...............................$ Capital Outlay .........................$ Grants to County-Owned Detention
Centers .............................$ Total Funds Budgeted ....................$ Agency Funds..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 44,600 58,200 305,680
7,300 25,000
70,000 5,118,585
208,085 4,910,500
351 32

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 ...............................$ Postage ...............................$ Drug Abuse Contracts. ...................$ Day Care Centers for the
Mentally Retarded. ....................$ MR Day Care Center Motor
Vehicle Purchases .....................$ Developmental Disability
Services Chiefs. .......................$ Group Homes for the
Mentally Retarded. ....................$ Supportive Living Staff ...................$ Supportive Living Benefits ................$ Georgia State Foster
Grandparent/Senior Companion Program ...................$ Community Residential Services Staff ........$ Community Residential Services .............................$ Community Mental Health Center Services .......................$ Project Rescue. .........................$ Project ARC ...........................$ Uniform Alcoholism Projects ..............$ Agency Fund Payments to the Department of Medical Assistance for Matching. ................$

6,262,680 344,303 36,127 --0-- 6,095 15,840 --0-- 61,200 23,451 235,987 7,080 1,150
1,287,824
33,148,851
759,600
493,592
2,687,612 290,582
1,414,000
374,360 771,882
1,100,000
42,253,956 210,347 80,000 306,710
154,343

1596

JOURNAL OF THE SENATE,

Project Georgia .........................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ TitleXXFunds .........................$ Agency Funds ..........................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

50,000 --0--
92,377,572 21,256,410 32,284,010 38,837,152
425 799

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

Mental Health Community

Assistance ...............$ 3,983,569

Outdoor Therapeutic

Program ................$ 464,521

Mental Retardation

Community Assistance .....$ 1,274,352

Central Pharmacy ..........$ 91,638

Metro Drug Abuse Centers ....$ 868,266

Developmental Disability

Service Chiefs ............$ 493,592

Day Care Centers for the

Mentally Retarded. ........$ 34,008,527

Supportive Living ...........$ 1,704,582

Group Homes for the

Mentally Retarded. ........$ 2,687,612

Georgia State Foster

Grandparent/Senior

Companion Program. ......$ 374,360

Community Residential

Services. ................$ 1,871,882

Project Rescue .............$ 210,347

Drug Abuse Contracts. .......$ 1,287,824

Project ARC ...............$ 80,000

Project Georgia. ............$ 50,000

Community Mental Health

Center Services ...........$ 42,619,790

Uniform Alcoholism Projects ..$ 306,710

Undistributed ..............$

--0--

Total. ....................$ 92,377,572

State Funds

Pos.

$ 3,904,569 240

$ 464,521

24

$ 1,274,352

69

$ 91,638

3

$ 290,810

47

$ 493,592

0

$ 12,900,917

21

$ 1,704,582

0

$ 2,687,612

0

$ 374,360

0

$ 1,471,882

0

$ 61,547

0

$ 205,830

0

$ 80,000

0

$ 50,000

0

$ 12,474,230

21

$ 306,710

0

$

--0--

0

$ 38,837,152 425

14. Community Youth 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 ..............$

5,405,885 247,350 262,685 7,000 3,950 7,925 --0-- 226,200 140,690 --0--

FRIDAY, FEBRUARY 15, 1980

1597

Utilities ...............................$ Postage ...............................$ Child Care Benefits ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted Authorized Motor Vehicles

27,050 15,830 12,000 6,356,565 6,356,565
386 19

Community Youth Services Functional Budgets

Total Funds

Group Homes ..............$ 428,070

Community Detention .......$ 241,630

Day Centers ...............$ 419,650

Community Treatment Centers. $ 1,370,150

Court Services. .............$ 3,585,075

Runaway Apprehension ......$ 256,240

Interstate Compact. .........$ 55,750

Undistributed ..............$

--0--

Total. ....................$ 6,356,565

State Funds

Pos.

$ 428,070

26

$ 241,630

9

$ 419,650

24

$ 1,370,150

88

$ 3,585,075 220

$ 256,240

16

$ 55,750

3

$

--0--

0

$ 6,356,565 386

15. Regular Operating Expense Reserve: Regular Operating Expense. ...............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

365,000 365,000 365,000

Budget Unit Object Classes:

Personal Services. .......................$ 165,104,351

Regular Operating Expenses ...............$ 21,489,884

Travel ................................$ 454,804

Motor Vehicle Equipment Purchases. ........$

347,590

Publications and Printing .................$

93,425

Equipment Purchases ....................$ 1,600,325

Computer Charges ......................$ 1,302,900

Real Estate Rentals ......................$

287,400

Telecommunications. ....................$ 1,720,096

Per Diem, Fees and Contracts ..............$ 2,033,906

Utilities ...............................$ 9,430,525

Postage ...............................$

174,020

Capital Outlay .........................$ 1,866,553

Authority Lease Rentals ..................$ 4,930,000

Grants to County-Owned

Detention Centers .....................$

70,000

Drug Abuse Contracts. ...................$ 1,287,824

Day Care Centers for the

Mentally Retarded. ....................$ 33,148,851

MR Day Care Center Motor

Vehicle Purchases .....................$

759,600

Developmental Disability

Services Chiefs. .......................$ 493,592

Group Homes for the

Mentally Retarded. ....................$ 2,687,612

1598

JOURNAL OF THE SENATE,

Supportive Living Staff ...................$ Supportive Living Benefits ................$ Georgia State Foster
Grandparent/Senior Companion Program ...................$ Community Residential Services Staff .........................$ Community Residential Services . ...........$ Community Mental Health Center Services .......................$ Project Rescue. .........................$ Agency Fund Payments to the Department of Medical Assistance for Matching. ................$ Project ARC ...........................$ Uniform Alcoholism Projects ..............$ Project Georgia .........................$ Child Care Benefits ......................$ Total Positions Budgeted Authorized Motor Vehicles

290,582 1,414,000
374,360
771,882 1,100,000
42,253,956 210,347
154,343 80,000 306,710 50,000 12,000 13,291
1,526

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, ex cluding federal grants where prohibited, shall be expend ed first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day col lections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program.

Provided, that of the above appropriation relating to Day Training Centers for the Mentally Retarded, the Department is authorized to contract with two additional centers provided that funding is available within the limits of the current appropriation.

Provided, that of the above appropriation relating to Community Residential Services Benefits, the Depart ment is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collections to reduce the State cost of the program.

Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and donations, as well as proceeds of local fund raising ac tivities, shall not be required to be budgeted to the Department or to the Office of Planning and Budget.

Provided further, the Department of Human Re sources is authorized to increase the number of positions budgeted for the "Right-to-Treatment" program to meet court orders, provided such increase shall not cause ex penditures to exceed the funds provided for this program.

FRIDAY, FEBRUARY 15, 1980

1599

Provided, that of the above appropriation relating to Capital Outlay, $250,000 is designated and committed to renovate portions of the Powell Building at Central State Hospital to meet minimum fire marshal safety re quirements and provide for other improvements in bathing and sleeping areas.
Provided that the Department is given the flexibility in the Community Residential Services Program to use benefits to contract with private home providers for ser vice or to provide (through local Health Departments) small group living situations for clients; and further pro vided that these residential services are available to clients residing in the community as well as those return ing to their communities from the institution.
Provided further, it is the intent of this General Assembly, the site selection of the group homes con templated in this appropriation shall be on the basis of need.
Provided, that of the above appropriation relating to Capital Outlay, $135,000 is designated and committed for the planning and design of a 100 bed patient facility at Gracewood State School and Hospital.

Section 28. Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade ...........................$
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
2. Research Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

8,872,364
489,826 8,600
31,000 --0-- 6,500 1,200 --0-- --0-- --0-- 1,500
538,626 538,626
23
255,832 5,500 2,500 --0--
35,600

1600

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
3. Tourism -- Promotional 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 ..............$ Historic Chattahoochee
Commission Contract ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
4. Tourist -- Welcome 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 ..............$ Capital Outlay .........................$ Local Welcome Centers. ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
5. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

--0-- 3,200 --0-- --0-- 17,300 319,932 319,932
15
482,122 68,500 42,000 --0--
225,000 2,050
25,000 --0-- --0--
113,370
35,000 993,042 993,042
29
904,973 230,200
32,800 --0-- --0--
21,550 --0-- --0-- 6,918
47,762 36,000 85,230 1,365,433 1,349,433
92
468,181 208,225
18,000 16,000 45,000
1,000 5,000 156,000

FRIDAY, FEBRUARY 15, 1980

1601

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Georgia Ports Authority --
Authority Lease Rentals. ................$ Georgia Ports Authority --
General Obligation Bond Payments. ...........................$ Georgia World Congress Center-- Operations. ..........................$ Georgia World Congress Center -- Expansion Study Contract ...............$ Atlanta Council for International Visitors. ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
6. International Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunncations ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
7. Advertising Budget:
Advertising ............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
Budget Unit Object Classes:

109,248 15,000
202,000
2,790,000
500,000
460,000
50,000
10,000 5,053,654 3,763,654
25
189,077 36,200 35,000
--0-- 22,000
1,000 18,000 34,900 15,000 208,500 559,677 559,677
9
1,348,000 1,348,000 1,348,000
0

Personal Services. .......................$ 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 ...............................$

2,790,011 557,225 161,300 16,000 334,100 26,800 51,200 190,900 131,166 403,432 202,000

1602

JOURNAL OF THE SENATE,

Capital Outlay .........................$ Local Welcome Center Contracts ...........$ Advertising ............................$ Georgia Ports Authority --
Authority Lease Rentals .................$ Georgia Ports Authority --
General Obligation Bond Payments. ...........................$ Georgia World Congress Center-- Operations. ..........................$ Georgia World Congress Center -- Expansion Study Contract ...............$ Historic Chattahoochee Commission Contract ..................$ Atlanta Council for International Visitors. ..................$ Tota 1 Positions Budgeted Authorized Motor Vehicles

36,000 85,230 1,348,000
2,790,000
500,000
460,000
50,000
35,000
10,000 193 21

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. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Expansion Study Contract. ................$ Repayment of F.Y. 1979 Capital
Outlay Appropriation ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,169,636 900,427 15,000 --0-- 14,000 40,000 900 --0-- 37,500 150,000 50,000
50,000 3,427,463
--0-- 116

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 .................$

16,595,408
6,377,347 279,643
6,208,718 57,595

FRIDAY, FEBRUARY 15, 1980

1603

Repayments for State General Obligations Bonds and Authority Lease Rental Obligations ................$
Per Diem, Fees and Contracts ..............$ Other Debt-Service Payments ..............$ Total Funds Budgeted'. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,290,000 348,803
1,003,664 32,161,178
--0-- 772

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 ..............$ Expansion Study Contract. ................$ Repayment of F.Y. 1979 Capital
Outlay Appropriation ..................$ 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 Authorized Motor Vehicles

18,765,044 900,427 294,643 --0-- 71,595 40,000 900 --0-- 37,500 498,803 50,000
50,000
6,377,347
6,208,718
1,290,000 1,003,664
888 36

It is the intent of this General Assembly that to the ex tent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, 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.

It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remit tance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repayments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.

1604

JOURNAL OF THE SENATE,

It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues.

Section 29. Department of Labor.

A. Budget Unit: Inspection Division. ...........$ 574,470

Inspection Division Budget:
Persona [Services. .......................$ 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

470,194 8,996
78,000 --0-- 3,500 200 --0-- 7,591 4,989 1,000
574,470 574,470
27

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

470,194 8,996
78,000 --0-- 3,500 200 --0-- 7,591 4,989 1,000 27

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training. ..............$

2,528,390

1. Basic Employment Security andW.I.N. Budget:
Personal Services. .......................$ Regular Operating Expenses . ..............$ Travel .................'...............$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

30,521,794 2,711,383 765,000 --0-- 21,000 1,015,000 814,000 1,599,345

FRIDAY, FEBRUARY 15, 1980

1605

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ W.I.N. Grants ..........................$ Capital Outlay .........................$ Total Funds Budgeted .. ..................$ State Funds Budgeted ....................$ Total Positions Budgeted

776,000 3,494,750 1,000,000
--0-- 42,718,272
1,277,402 1,632

2. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services. .......................$ 8,769,386

Regular Operating Expenses ...............$ 2,068,106

Travel ................................$ 390,000

Motor Vehicle Equipment Purchases. ........$

--0--

Publications and Printing .................$

15,000

Equipment Purchases ....................$ 150,000

Computer Charges ......................$ 220,000

Real Estate Rentals ......................$ 338,000

Telecommunications. ....................$ 220,000

Per Diem, Fees and Contracts (CETA) ........$ 500,000

CETA Direct Benefits ....................$ 100,000,000

Total Funds Budgeted ....................$ 112,670,492

State Funds Budgeted ....................$

--0--

Total Positions Budgeted

450

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

1,119,562 30,692 25,000 --0-- 500 500 475 35,793 13,466 25,000
1,250,988 1,250,988
62

Budget Unit Object Classes:
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 (CETA) ........$ Per Diem, Fees and Contracts ..............$

40,410,742 4,810,181 1,180,000 --0-- 36,500 1,165,500 1,034,475 1,973,138 1,009,466 500,000 3,519,750

1606

JOURNAL OF THE SENATE,

W.I.N. Grants ..........................$ 1,000,000

CETA Direct Benefits ....................$ 100,000,000

Capital Outlay .........................$

--0--

Total Positions Budgeted

2,144

Authorized Motor Vehicles

0

Section 30. Department of Law.

Budget Unit: Department of Law. ............$ 3,330,545

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 ....................$ Total Positions Budgeted

2,794,896 163,536 75,000 --0-- 30,000 11,500 295 42,000 274,454 66,064 30,000 --0--
3,487,745 3,330,545
113

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 Authorized Motor Vehicles

2,794,896 163,536 75,000 --0-- 30,000 11,500 295 274,454 66,064 30,000 42,000 --0-- 113 1

For the cost of operating the Department of Law pro vided that the compensation of all Assistant Attorneys 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 agen cy is authorized to expend funds appropriated or other wise available from any source for the support and

FRIDAY, FEBRUARY 15, 1980

1607

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 designated and committed for Court Reporter Fees.

Section 31. Department of Medical Assistance.

Budget Unit: Medicaid Services ...............$ 153,741,109

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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

425,515 34,045 30,000 --0-- 1,400 700 --0-- 29,086 12,000 53,870 2,400
589,016 266,031
20

2. 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

817,060 79,703
8,000 --0-- 24,000 8,420 --0-- 90,679 35,994 217,000 24,000 1,304,856 576,638
57

3. Program Management Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

867,178 65,993 11,120 --0-- 32,150

1608

JOURNAL OF THE SENATE,

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Audits Contracts ........................$ Contract with Georgia Medical
Care Foundation ......................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ Agency Funds. .........................$ State Funds Budgeted ....................$ Total Positions Budgeted

9,365 --0-- 42,882 42,000 84,520 15,000 566,000
1,329,000 3,065,208 1,351,804
52
1,761,834 135,733 37,000 --0-- 12,300 14,196
5,802,000 115,754 123,280 --0-- 675,700
8,677,797 1,000,000 6,399,161 1,278,636
139

5. Benefits Payments Budget:

Medicaid Benefits .......................$ 471,809,060

Payments to Counties

for Mental Health .....................$ 5,500,000

Adult Emergency Dental Services ...........$ 2,500,000

Total Funds Budgeted ....................$ 479,809,060

Agency Funds. .........................$ 329,386,717

Agency Funds from Community

Mental Health Centers. .................$ 154,343

State Funds Budgeted ....................$ 150,268,000

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 ......................$

3,871,587 315,474 86,120 --0-- 69,850 32,681
5,802,000 278,401

FRIDAY, FEBRUARY 15, 1980

1609

Telecommunications. ....................$ 213,274

Per Diem, Fees and Contracts ..............$ 355,390

Postage ...............................$ 717,100

Medicaid Benefits .......................$ 471,809,060

Payments to Counties for

Mental Health ........................$ 5,500,000

Adult Emergency Dental Services ...........$ 2,500,000

Audits Contracts ........................$ 566,000

Contract with Georgia

Medical Care Foundation ...............$ 1,329,000

Total Positions Budgeted

268

Authorized 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.

Provided, however, the Department is authorized and directed to retain all prior years' benefit appropria tions in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse.

Section 32. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .........$

3,560,939

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

614,730 15,690 10,270 --0-- 41,500 4,191
437,856 --0--
13,040 17,618 67,200 1,222,095 1,219,237
41

2. Classification and Compensation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

320,183 3,981

J610

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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Agency Assessments .....................$ Total Positions Budgeted
3. Program Evaluation and 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 ....................$ Agency Assessments .....................$ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ 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. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

3,700 --0-- 7,470
810 140,952
--0-- 5,000 7,000 2,200 491,296 485,865
20
240,592 4,880 1,200 --0-- 1,000 14,750
208,597 --0-- 4,200 --0-- 950
476,169 467,268
14
315,146 15,920 15,025 --0-- 9,870 1,200 25,661 --0-- 5,390 90,000 2,500
480,712 413,577
19
328,691 10,366 3,500 --0-- 6,800

FRIDAY, FEBRUARY 15, 1980

1611

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

1,812 114,418 22,455 25,228 2,430,692 22,000 2,965,962
--0--
2,965,962 22

6. Health Insurance Claims 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...............................$ 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-- 75,470,000 75,470,000 --0-- 75,470,000
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 ......................$ 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

480,042 9,825 1,600 --0-- 5,600 2,025
47,379 --0-- 6,553 2,700 4,500
335,385 895,609 435,523
79,985 33

8. Commissioner's Office Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

321,362 15,013

1612

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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Agency Assessments ........... ..........$ Total Positions Budgeted

7,100 --0-- 16,695 2,400 --0-- 166,923 5,912 34,605 3,350 573,360 539,469
15

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 Authorized Motor Vehicles

2,620,746 75,675 42,395 --0-- 88,935 27,188
974,863 189,378 65,323 2,582,615 102,700
335,385 75,470,000
164 0

Provided, that it is the intent of this General Assembly that the employee rate paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligi ble salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 33. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ..$ 45,877,784

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. ....................$

1,659,791 179,095 25,249 4,975 203,491 7,800 152,900 132,123 68,000

FRIDAY, FEBRUARY 15, 1980

1613

Per Diem, Fees and Contracts ..............$ Postage ...............................$ Capital Outlay--Heritage Trust ............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

42,500 89,132 2,425,000 4,990,056 4,990,056
92

2. Game and Fish 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 ...............................$ Capital Outlay -- Hatchery
Renovation ..........................$ Capital Outlay -- Repairs
and Maintenance ......................$ Capital Outlay .........................$ Grants to Local Governments ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,973,196 2,443,366
91,625 808,232
30,500 417,302
37,562 40,021 170,893 104,990 59,416
7,000
179,767 33,900 110,000 12,507,770 10,478,059
449

3. Parks, Recreation and Historic Sites 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 ...............................$ Capital Outlay .........................$ Capital Outlay--Repairs and Maintenance .... $ Capital Outlay--Shop Stock ...............$ Cost of Material for Resale ................$ Authority Lease Rentals ..................$ Land and Water Conservation Grants ........$ Recreation Grants .......................$ YACC and YCC Grants. ..................$ Contract -- Special Olympics, Inc. ..........$

6,597,199 3,004,093
112,937 169,500 126,000 201,866 50,430 103,452 197,253 210,000 50,550 765,000 782,000 200,000 629,304 2,533,000 8,873,000 290,000_ 100,000 93,000

1614

JOURNAL OF THE SENATE,

Georgia Sports Hall of Fame ...............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

70,000 25,158,584 12,423,107
393

4. Environmental 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 ..............$ Postage ...............................$ Solid Waste Grants ......................$ Water and Sewer Grants ..................$ Contract with U.S. Geological
Survey for Ground Water Resources Survey ......................$ Topographic Mapping U.S. Geological Survey .....................$ Total Funds Budgeted . ...................$ State Funds Budgeted .................../.$ Total Positions Budgeted

6,776,095 544,186 281,500 53,345 79,200 95,600 204,780 368,486 144,363
1,063,849 35,992
2,500,000 6,000,000
198,855
125,000 18,471,251 15,053,552
335

5. 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

97,103 13,440 8,000
--0-- 2,500 2,255 --0-- 6,000 2,000 78,000 209,298 209,298
5

6. Coastal Resources Budget:
Personal Services. .......................$ Regular Operating Expenses ................$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

630,440 162,443
19,732 17,115 29,800 14,294 11,420
--0--

FRIDAY, FEBRUARY 15, 1980

1615

Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

24,612 17,300 9,705 10,000 946,861 734,382
27

7. 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

448,722
1,540,608 1,989,330 1,989,330
0

8. 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

--0--
--0-- --0-- --0--
0

9. Stone Mountain Memorial Association Budget:
Payments to Stone Mountain Memorial Association ..................$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- --0--
0

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications andPrinting .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Land and Water Conservation Grants ........$ Recreation Grants .......................$

23,733,824 6,346,623 539,043 1,053,167 471,491 739,117 457,092 650,082 607,121 1,516,639 244,795 8,873,000 290,000

1616

JOURNAL OF THE SENATE,

Young Adult Conservation Corps and 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 ........ '. $ Contract--Special Olympics, Inc. ...........$ Payment to Stone Mountain Memorial Association ..................$ Grants to Local Governments ..............$ Georgia Sports Hall of Fame ...............$ Total Positions Budgeted Authorized Motor Vehicles

100,000 6,000,000 2,500,000
198,855
125,000 7,000
808,900
961,767 200,000 2,425,000 2,533,000 629,304
448,722
1,540,608
--0--
--0-- 93,000
--0-- 110,000
70,000 1,301 986

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 Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Nat ural 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, $93,000 is designated and committed for matching a minimum of $93,000 from other sources for the Georgia Special Olympics Program.

FRIDAY, FEBRUARY 15, 1980

1617

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 having reached legally established bond capacity, and that $5,000,000 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 official approval thereof by the Board of Natural Resources.
Provided, that of the above appropriation, $30,000 in State funds is designated and committed for the man dated Hunter Safety program as provided for in Georgia Law 1484 of 1978. It is the intent of this General Assembly that federal funds available for this program shall be utilized to the maximum extent possible.
B. Budget Unit: Authorities ..........................$
1. Lake Lanier Islands 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 ..............$ Capital Outlay .........................$ Campground Sinking Fund. ...............$ Promotion Expenses .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
2. Jekylllsland 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 .....................$

--0--
915,379 359,222
3,500 5,845 27,640 21,060 --0-- --0-- 15,000 27,240 1,699,768 7,195 --0-- 3,081,849 --0--
55
2,124,197 1,077,600
8,000 25,200 25,000 28,842
6,000 7,490 22,800 50,000 --0--

1618

JOURNAL OF THE SENATE,

Capital Outlay .........................$ Promotion Expenses .....................$ Total Funds Budgeted . ...................$ Total Positions Budgeted
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 ...........'...........$ Campground Sinking Fund. ...............$ Mortgage Payments .....................$ Total Positions Budgeted Authorized Motor Vehicles
It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Invest ment Commission.

46,000 --0--
3,421,129 220
3,039,576 1,436,822
11,500 31,045 52,640 49,902
6,000 7,490 37,800 77,240 1,745,768 --0-- 7,195 --0--
275 91

Section 34. Department of Offender Rehabilitation.
A. Budget Unit: Department of Offender Rehabilitation ........................$ 88,500,134

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

3,528,149 204,733 83,500 --0-- --0-- 13,562 370,127 213,000 135,000 350,350 --0--
4,898,421 4,898,421
211

FRIDAY, FEBRUARY 15, 1980

1619

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

1,003,765 100,320 1,000 --0-- --0-- 10,800 --0-- --0-- 10,600 18,600 84,800
1,229,885 1,229,885
68

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

3,547,211 432,340 6,400 --0-- --0-- 40,000 --0-- 35 33,000 6,192 325,000
4,390,178 4,390,178
260

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

958,830 67,546 4,000 --0-- --0-- 20,000 --0-- --0-- 4,000 --0-- --0--
1,054,376 833,890 51

1620

JOURNAL OF THE SENATE,

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

3,786,964 462,758 2,300 --0-- --0-- 36,000 --0-- --0-- 35,000 12,100 300,000
4,635,122 4,635,122
288

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 ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................$ Capital Outlay .......,.................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

7,883,337 952,530 6,500 --0-- --0-- 88,205 --0-- --0-- 54,000 44,000 825,000 741,000
10,594,572 10,569,572
611

7. Consolidated Branches 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

3,616,150 427,096 6,000 --0-- --0-- 50,000 --0-- 22,200 46,200 80,000 280,000
4,527,646 4,247,646
269

FRIDAY, FEBRUARY 15, 1980

1621

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 ..............$ Utilities............ ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,210,541 147,841 2,000 --0-- --0-- 12,000 --0-- --0-- 9,500 8,700 135,000
1,525,582 1,525,582
110

9. 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 ...............................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

870,558 125,450
1,600 --0-- --0-- 3,370 --0-- --0-- 14,500 13,600 89,000 30,000 1,148,078 1,132,078
61

10. Walker 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

860,698 129,716
2,400 --0-- --0-- 6,600 --0-- --0-- 16,100 10,500 93,000 1,119,014 1,109,014
64

1622

JOURNAL OF THE SENATE,

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
12. West Georgia Community Correctional Center 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 ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
13. Georgia Ea rned Release 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 ...............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1,528,084 175,577 2,000 --0-- --0-- 2,000 --0-- 1,320 14,400 6,240 165,000
1,894,621 1,894,621
120
1,779,981 187,422 2,000 --0-- --0-- 4,000 --0-- --0-- 12,000 17,400 180,000
2,182,803 2,182,803
136
2,764,717 288,800 2,000 --0-- --0-- 21,060 --0-- 660 32,000 12,000 --0--
250,000 3,370,437 3,370,437
215

FRIDAY, FEBRUARY 15, 1980

1623

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
15. Washington 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 ...............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
16. Metro 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 ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ...... ............-..$ Total Positions Budgeted

1,654,337 203,876 2,000 --0-- --0-- 5,000 --0-- --0-- 12,500 9,900 144,000
2,031,613 2,031,613
132
1,599,468 161,359 2,000 --0-- --0-- 9,500 --0-- --0-- 23,000 15,000 --0--
112,000 1,922,327 1,922,327
120
15,000 189,695
--0-- 99,000
--0-- 543,470
--0-- --0-- --0-- --0-- --0-- 396,500 1,243,665 1,243,665
6

1624

JOURNAL OF THE SENATE,

17. Savannah 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 ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
18. 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 ....................$ Total Positions Budgeted
19. 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 ............................$ Inmate Release Funds ....................$ County Subsidy. ........................$

--0-- 224,070
-0-- 66,900
--0-- 187,065
--0-- --0-- --0-- --0-- --0-- 212,500 690,535 690,535
0
370,960 26,725 20,000 --0-- --0-- --0-- --0-- 4,200 16,500 --0-- --0--
438,385 438,385
17
33,822 88,918 20,000 495,300 125,000 420,719
--0-- --0-- --0-- 104,870 --0-- 840,000 30,000 350,000 420,000 4,667.500

FRIDAY, FEBRUARY 15, 1980

1625

County Subsidy for Jails ..................$ Outside Health Service Purchases ...........$ Central Repair Fund .....................$ Payments to Talmadge
Memorial Hospital. ....................$ Payments to Central State
Hospital for Medical Services. ............$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

372,500 612,000 500,000
1,004,000
1,300,000 6,593,747 17,978,376 17,818,376
0

20. 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

328,064 64,459 44,700
--0-- --0-- 4,425 --0-- 25,200 7,250 --0-- 8,700 482,798 303,546
23

21. D.O.T. Work Details 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

372,019 8,632 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
380,651 --0-- 26

22. Food Processing and Distribution Budget:
Personal Services. ....................... 3 Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$

1,458,503 3,004,310
3,200 --0-- --0-- 210,000

1626

JOURNAL OF THE SENATE,

Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities ...............................$ Capital outlay ..........................$ Payments to Central State
Hospital for Meals .....................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
23. 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
24. 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
25. Pre-release Centers Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$

-- 0-- -- 0-- 5,000 --0-- --0-- 560,000
1,200,313
25,000 6,466,326 6,045,082
131
427,270 2,234,249
--0-- --0-- --0-- 102,530 --0-- --0-- --0-- 6,000 --0-- --0-- 2,770,049 2,745,049
28
8,002,104 216,320 278,400 204,000 --0-- 72,925 --0-- 176,500 150,800 --0-- 6,000
9,107,049 9,107,049
556
1,347,162 133,895 8,500 --0--

FRIDAY, FEBRUARY 15, 1980

1627

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Utilities. ..............................I Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 7,280 --0-- 240,000 22,000 19,700 154,000 20,000 1,952,537 1,952,537
103

26. 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

1,698,057 155,112 15,000 --0-- --0-- 14,475 --0-- 230,000 33,200 13,200 106,600
2,265,644 2,013,144
133

27. Andromeda 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

214,100 59,156 2,950 --0-- --0-- --0-- --0-- 29,000 3,800 9,900 20,650
339,556 169,577
16

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$

50,859,851 10,472,105
518,450 865,200 125,000 1,884,986

1628

JOURNAL OF THE SENATE,

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 .........................$ County Subsidy for Jails ..................$ 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 Authorized Motor Vehicles

370,127 942,115 690,350 758,252 2,916,750
1,200,313
387,000 30,000
350,000 420,000 4,667,500 372,500 612,000
1,004,000 500,000
1,300,000 840,000
8,553,747 3,755 460

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 correc tional 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.

It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county.

B. Budget Unit: Board of Pardons and Paroles. .............................$ 3,596,316

Board of Pardons and Paroles Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$

3,135,958 77,277 174,000 --0--

FRIDAY, FEBRUARY 15, 1980

1629

Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ County Jail Subsidy. .....................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

12,600 29,337
--0-- 82,971 68,120 22,190 18,250 3,620,703 3,596,316
205

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 ..............$ County Jail Subsidy. .....................$ Total Positions Budgeted Authorized Motor Vehicles

3,135,958
77,277 174,000
--0-- 12,600 29,337
--0-- 82,971 68,120 22,190 18,250
205 2

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 ......................$ 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
Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$

1,103,788 485,650 27,000 27,500 13,450 450,000 2,400 19,000 34,000 25,400
6,800,000 40,000
418,512 9,446,700
--0-- 66
1,103,788 485,650 27,000 27,500

1630

JOURNAL OF THE SENATE,

Publications and Printing ................ .9 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 Authorized Motor Vehicles

13,450 450,000
2,400 19,000 34,000 25,400 6,800,000 40,000 418,512
66 16

Section 35. Department of Public Safety.

Budget Unit: Department of Public Safety ...................,..........$
1. Off ice of Highway Safety 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

38,521,089
299,260 17,181 17,000 --0-- 6,150 1,950 11,000 27,805 12,415 --0-- 4,500
397,261 105,000
16

2. 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 ..............$ Postage...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

159,566 34,212
755 20,736
7,150 1,612 --0-- --0-- 23,762 2,000
93 249,886 239,886
8

FRIDAY, FEBRUARY 15, 1980

1631

3. Administrative 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 ..............$ Postage...............................$ Total Funds Budgeted ....................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
4. Driver 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...............................$ Conviction Reports ......................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
5. Personnel and Training 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

540,864 61,168 4,712 13,824 23,207 1,168
255,522 --0--
18,467 1,225 --0--
920,157 250,245 654,912
38
2,454,156 116,003 6,116 435,456 721,077 7,470
1,630,426 2,880
55,675 10,556 288,000 170,000
--0-- 5,897,815 1,249,755 4,642,060
157
569,059 66,897 69,629 158,976 5,000 5,846 --0-- --0-- 24,582 50,000 186
950,175 858,175
35

1632

JOURNAL OF THE SENATE,

6. Fiscal 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

738,612 634,394
2,150 34,560 64,119
3,566 21,958
--0-- 29,812
2,770 108,000 1,639,941 1,639,941
49

7. Field 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 ..............$ Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

20,250,434 3,264,422 64,671 2,867,680 1,447 454,706 --0-- 5,214 520,466 8,449 24,625 30,500
27,492,614 27,387,172
1,061

Georgia Peace Officers Standards and Training 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

466,315 1,721,585
25,700 --0--
20,658 --0--
54,583 32,262 15,520 58,980
3,000 2,398,603 2,077,756
24

FRIDAY, FEBRUARY 15, 1980
9. 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

1633
349,180 124,064
5,000 --0-- 9,000 18,200 --0-- --0-- 8,345 146,015 1,500 661,304 411,304
16

10. 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 ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted .....,..............$ Total Positions Budgeted

189,811 32,497 10,500 37,075
2,500 42,481
--0-- 16,582 4,776 70,000 3,000 409,222 386,022
12

11. Georgia Firef ighter Standards and Training 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 ..............$ Postage...............................$ Total Funds Budgeted. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

83,513 5,800 8,300 --0-- 3,500 11,000 --0-- 1,500 1,648 3,000 600
118,861 118,861
4

1634

JOURNAL OF THE SENATE,

12. Organized Crime Prevention 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 ..............$ Postage...............................$ Total Funds Budgeted. ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

75,405 8,261 2,665 10,600 1,700 200 --0-- 4,379 2,544 2,400 --0--
108,154 --0-- 3

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ................... v $ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Conviction Reports ......................$ Capital Outlay .........................$ Total Positions Budgeted. .................$ Authorized Motor Vehicles ................$

26,176,175 6,086,484 217,198 3,578,907 865,508 548,199 1,973,489 90,622 718,012 355,395 433,504 170,000 30,500 1,423 1,019

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 As sociation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provin
cial Police).

Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would

FRIDAY, FEBRUARY 15, 1980

1635

cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the develop ment of said specifications shall be submitted to the Pur chasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby in structed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal
year.

Provided, that of the appropriation above for new vehicles ten (10) are to be for the purpose of pursuit driver training.

Section 36. 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 37. Public Service Commission.

Budget Unit: Public Service Commission. .........................$ 2,824,146

1. Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

616,498 15,126 11,500 --0-- 1,000

1636

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
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
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
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 Authorized Motor Vehicles

800 --0-- 60,000 26,650 1,800 733,374 733,374
25
764,739 103,213
31,500 40,600
3,450 2,840 8,000 34,150 18,400 2,000 1,008,892 1,008,892
' 45
847,845 41,574 61,000 --0-- 2,950 800 --0-- 39,211 34,500 129,000
1,156,880 1,081,880
49
2,229,082 159,913 104,000 40,600 7,400 4,440 8,000 133,361 79,550 132,800 119 26

FRIDAY, FEBRUARY 15, 1980

1637

Provided that of the above appropriation, $13,825 is designated and committed for an emergency wire regis tration system for truckers.

Section 38. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions. ........$ 401,811,982

1. Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. .............$ 304,059,946

Sponsored Operations ..................$ 47,607,167

Operating Expenses:

Educ., Gen., and Dept. Svcs. .............$ 74,743,552

Sponsored Operations ..................$ 37,570,149

Office of Minority

Business Enterprise ....................$

100,000

Special Desegregation Programs ............$

250,000

Satellite Medical Facility

Program ............................$

500,000

Teachers' Retirement ....................$ 33,546,989

Authority Lease Rentals ..................$ 20,858,000

Capital Outlay .........................$ 9,116,084

Total Funds Budgeted ....................$ 528,351,887

Less Agency Funds:

Departmental Income ....................$ 9,132,632

Sponsored Income. ......................$ 85,177,316

Other Funds ...........................$ 81,401,449

Auxiliary Income .......................$ 2,774,000

Capital Outlay .........................$ 4,076,084

Indirect Communication Charges ...........$ 3,027,300

State Funds Budgeted ....................$ 342,763,106

Total Positions Budgeted

15,989

Provided, that from appropriated funds in A, the amount of $20,858,000 in F.Y. 1980 is designated and committed to guarantee payment of lease rental contracts 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 appor tionment 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 com mitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of

1638

JOURNAL OF THE SENATE,

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 Government, or from any other source, shall be available for use or expen diture for educational and general or plant purposes until made available by written approval of the Office of Plan ning 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 Subcom mittees 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, $4,000,000 is specifically appro priated for renovations and improvements of physical plant facilities.
Provided, further, it is the intent of this General As sembly that the 1 '/2% Personal Services continuation fac tor incorporated into the Resident Instruction appro priation in this Appropriations Act be utilized to provide 2 '/2% merit-type increases.
2. Marine Resources Extension Center Budget:
Personal Services: Education, General and Departmental Services. .................$ Sponsored Operations ..................$

424,583 --0--

FRIDAY, FEBRUARY 15, 1980

1639

Operating Expenses: Education, General and Departmental Services ..................$ Sponsored Operations ..................$
Total Funds Budgeted . ...................$
Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
3. Skidaway Institute of Oceanography Budget:
Personal Services: Education, General and Departmental Services ..................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services. .................$ Sponsored Operations ..................$ Capital Outlay. .......................$
Total Funds Budgeted ....................$
Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Capital Outlay .........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
4. Marine Institute Budget:
Personal Services: Education, General and Departmental Services. .................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services. .................$ Sponsored Operations ..................$
Total Funds Budgeted ....................$
Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

209,626 2,972
637,181
--0-- 2,972 111,904 9,800 512,505
21
576,958 606,000
468,406 528,692 277,500 2,457,556
50,000 1,134,692
250,000 247,500
--0-- 775,364
33
254,546 391,473
137,944 210,793 994,756
--0-- 602,266
10,000 --0--
382,490 17

1640

JOURNAL OF THE SENATE,

5. Engineering Experiment Station Budget:
Personal Services: Education, General and Departmental Services. .................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services. .................$ Sponsored Operations ..................$
Agricultural Research ....................$ Total Funds Budgeted ....................$

6,075,077 11,500,000
5,572,136 8,200,000
60,000 31,407,213

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 19,700,000
7,843,993 117,600
3,745,620 273

6. Engineering Extension Division Budget:
Personal Services: Education, General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay Advanced Technology Development Center ........$
Total Funds Budgeted. ...................$

770,478 35,000
400,757 15,000
500,000 1,721,235

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 50,000 714,160 12,200 944,875
44

7. Agricultural Experiment Station Budget:
Personal Services: Education, General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services ................$

12,821,859 1,200,000
5,740,761

FRIDAY, FEBRUARY 15, 1980

1641

Sponsored Operations ..................$ 1,300,000

Capital Outlay. .......................$

43,000

Total Funds Budgeted . ...................$ 21,105,620

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 2,500,000 4,629,361
95,900 13,880,359
805

8. Cooperative Extension Service Budget:
Personal Services: Education, General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay--Rock Eagle 4-H Camp .....................$
Total Funds Budgeted ....................$

15,594,557 3,383,181
2,648,568 1,166,000
600,000 23,392,306

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ...................'...$ Other Funds ...........................$ Indirect DO AS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 4,549,181 4,690,000
126,700 14,026,425
911

9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Education, General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services ................$ Sponsored Operations ..................$ Capital Outlay-ETMH Renovations ........................$
Total Funds Budgeted ....................$

29,711,319 1,778,460
14,632,220 581,445
3,000,000 49,703,444

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds ...........................$ Board of Corrections. ....................$

891,319 2,359,905 22,986,986 1,104,000

1642

JOURNAL OF THE SENATE,

Indirect DOAS Services Funding. ...........$

193,500

State Funds Budgeted ....................$ 22,167,734

Total Positions Budgeted

2,585

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Education, General and Departmental Services ................$ Sponsored Operations ..................$
Operating Expenses: Education, General and Departmental Services ................$ Sponsored Operations ..................$
Total Funds Budgeted . ...................$

863,064 --0--
603,372 --0--
1,466,436

Less Agency Funds: Departmental Income ....................$ Sponsored Income. ......................$ Other Funds...........................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- 1,466,436
33

11. Family Practice Residency Program Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. ...........$
Operating Expenses: Edu., Gen., and Dept. Svcs. ..............$
Capitation Contracts for Family Practice Residency. ..............$
New Program Development Contracts for Family Practice Residency ............$
Student Preceptorships ...................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

80,908
82,560
750,000
133,600 100,000 1,147,068 1,147,068
3

Provided, that of the above appropriation, $100,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.
Budget Unit Object Classes:
Personal Services: Education, General and Departmental Services ................$ 371,233,295 Sponsored Operations ..................$ 66,501,281

FRIDAY, FEBRUARY 15, 1980

1643

Operating Expenses:

Education, General and

Departmental Services ................$ 105,239,902

Sponsored Operations ..................$ 49,575,051

Office of Minority

Business Enterprise ....................$

100,000

Special Desegregation Programs ............$

250,000

Satellite Medical Facility

Program ............................$

500,000

Agricultural Research ....................$

60,000

Capitation Contracts for

Family Practice Residency. ..............$

750,000

New Program Development

Contracts for Family

Practice Residency. ....................$

133,600

Student Preceptorships ...................$

100,000

Teachers' Retirement ....................$ 33,546,989

Authority Lease Rentals ..................$ 20,858,000

Capital Outlay .........................$ 9,436,584

Capital Outlay--Rock Eagle

4-H Camp ...........................$

600,000

Capital Outlay--ETMH

Renovations. .........................$ 3,000,000

Capital Outlay--Advanced

Technology Center. ....................$

500,000

Total Positions Budgeted

20,714

B. Budget Unit: Regents Central Off ice .........$
1. Regents Centra] Off ice Budget:
Personal Services. .......................$ Operating Expenses. .....................$ SREB Payments. ........................$ Medical Scholarships ....................$ Regents Opportunity Grants ...............$ Regents Scholarships. ....................$ Grants to Junior Colleges. .................$ Rental Payments to Georgia
Military College. ......................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$ Total Positions Budgeted

12,095,328
2,099,532 602,596
2,463,000 448,000 500,000 200,000
5,692,200
90,000 12,095,328 12,095,328
98

Budget Unit Object Classes:
Personal Services. ........................$ Operating Expenses. .....................$ SREB Payments. ........................$ Medical Scholarships ....................$ Regents Opportunity Grants ...............$ Regents Scholarships. ....................$ Grants to Junior Colleges. .................$

2,099,532 602,596
2,463,000 448,000 500,000 200,000
5,692,200

1644

JOURNAL OF THE SENATE,

Rental Payments to Georgia Military College. ......................$
Total Positions Budgeted Authorized Motor Vehicles

90,000 98 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $716 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

Section 39. Department of Revenue.
Budget Unit: Department of Revenue ...........$
1. Executive Administration Budget:
Personal Services. .......................$ County Tax Officials/Retirement
and FICA. ...........................$ Regular Operating Expenses ...............$ Travel .................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage.'. .............................$ Total Funds Budgeted ....................$ Indirect Georgia Building
Authority Rents .......................$ State Funds Budgeted ....................$ Total Positions Budgeted

25,318,724
760,809
500,000 67,439 14,000 --0-- 20,000 30,200 6,000 --0-- 18,676 4,500 100
1,421,724
--0-- 1,421,724
31

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

3,496,419 194,660 5,000 --0-- 120,000 10,300
1,736,465 --0--
54,744 --0--
742,000 304,900
--0-- 6,664,488 1,000,000 5,664,488
259

FRIDAY, FEBRUARY 15, 1980

1645

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $742,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 857,400 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year.
3. Property Tax Budget:
Personal Services. .......................$ 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 Reevaluation. ..........$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangi ble Tax Equalization Fund provided for in an Act ap proved April 17, 1973 (Ga. Laws 1973, p. 924), to be ad ministered by the State Revenue Commissioner as provid ed therein.
4. Sales Taxation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

937,843 31,583 69,500 --0-- 67,000 4,700
300,000 --0--
19,361 153,000
--0--
1,450,000
--0-- 12,000 3,044,987
--0-- 250,000 2,794,987
61
1,136,175 19,442 3,200 --0-- 58,000

1646

JOURNAL OF THE SENATE,

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

1,700 446,936
--0-- 24,666
--0-- 70,000 1,760,119 305,000 1,455,119
82

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 .................. v. $ ' Total Positions Budgeted

509,368 7,918 2,500 --0--
30,000 1,800
209,171 --0--
11,548 --0-- --0--
772,305 100,000 672,305
37

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

1,772,740 74,550 3,200 --0-- 180,000 7,950
1,575,450 --0--
35,470 --0--
180,000 3,829,360 1,500,000 2,329,360
119

7. Alcohol and Tobacco Taxation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

--0-- --0-- --0-- --0-- --0--

FRIDAY, FEBRUARY 15, 1980

1647

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
July 1,1979 Total Positions Budgeted
June 30, 1980
8. 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
9. Field Audit 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 ....................$ Indirect DOAS Services Funding. ...........$ State Funds Budgeted ....................$ Total Positions Budgeted
10. Internal Administration Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

--0-- --0-- --0-- --0-- --0-- --0-- -- 0-- --0-- -- 0--
0
0
1,822,191 10,225
306,000 --0-- 2,200 2,000 2,208 9,975
13,448 --0-- 100
2,168,347 2,168,347
78
5,469,061 236,628 277,000 --0-- 32,000 8,225 95,000 128,800 184,558 --0-- 37,700
6,468,972 100,000
6,368,972 319
780,220 97,160 1,000 --0--
244,000

1648

JOURNAL OF THE SENATE,

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Postage ...............................$ Total Funds Budgeted ....................$ Indirect Georgia Building
Authority Rents .......................$ State Funds Budgeted ....................$ Total Positions Budgeted

2,700 70,600 759,986 12,756
--0-- 975,000 2,943,422
500,000 2,443,422
70

Budget Unit Object Classes:

Personal Services. .......................$

County Tax Officials/Retirement

and FICA............................$

Regular Operating Expenses ...............$

Travel ................................$

Motor Vehicle Equipment Purchases. ........$

Publications and Printing .................$

Equipment Purchases ....................$

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

July 1,1979

Total Positions Budgeted

June 30, 1980

Authorized Motor Vehicles

16,684,826
500,000 739,605 681,400
--0-- 753,200
69,575 4,441,830
898,761 375,227 157,500
--0--
1,450,000 742,000 304,900 --0--
1,274,900
1,091
1,056 111

Section 40. Secretary of State.

A. Budget Unit: Secretary of State ..............$
1. Occupational Certification Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$

9,695,744
1,893,130 714,313 85,350 10,300 116,415 17,259 242,234 196,520 53,110

FRIDAY, FEBRUARY 15, 1980

1649

Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

328,608 3,657,239 3,657,239
125

Occupational Certification Functional Budgets

State Funds

Accounting. ...............$ 143,764

Architect .................$ 42,620

Athletic Trainers. ...........$

2,271

Auctioneers. ...............$

4,485

Barbers. ..................$ 87,333

Chiropractic. ..............$

4,135

Cosmetology. ..............$ 251,439

Dentistry. .................$ 112,990

Electrical Contractor ........$ 58,012

Engineers .................$ 195,610

Forestry ..................$

3,215

Funeral Service. ............$ 62,574

Geology ..................$ 10,980

HearingAid ...............$

3,885

Landscape Architect. ........$

6,421

Librarians. ................$

920

Marriage and Family

Counselors. ..............$

6,660

Medical Examiners ..........$ 444,974

Nursing Home Administrators .$ 14,312

BoardofNursing ...........$ 368,024

Dispensing Opticians ........$

7,074

Optometry ................$

5,945

Occupational Therapy .......$

3,615

PestControl ...............$ 23,163

Pharmacy. ................$ 73,427

Physical Therapy ...........$ 13,135

Plumbing Contractors .......$ 27,220

Podiatry ..................$

2,885

Polygraph Examiners ........$

1,685

Practical Nursing ...........$ 89,087

Private Detective ...........$ 96,459

Psychologists ..............$

8,885

Recreation ................$

2,285

Sanitarian. ................$

2,699

Speech Pathology ...........$

4,249

Used Car Dealers ...........$ 43,199

Used Car Parts .............$

3,920

Veterinary ................$ 14,060

Warm Air and Heating

Contractors. .............$ 19,435

Wastewater ...............$ 11,660

Well Water ................$

3,985

Cost of

Operations

Pos.

$ 196,400

2

$ 61,070

1

$

4,202

0

$ 13,053

0

$ 112,346

5

$ 14,222

0

$ 324,907

14

$ 163,961

3

$ 76,491

3

$ 269,606

6

$

14,558

0

$ 83,267

3

$

18,568

0

$

15,223

0

$

17,640

0

$

4,128

0

$ 22,283

0

$ 621,871

14

$ 23,645

0

$ 491,135

13

$ 24,309

0

$

17,658

0

$

10,464

0

$ 31,710

1

$ 174,225

3

$ 27,990

0

$ 35,210

1

$

6,296

0

$

14,877

0

$ 130,567

3

$ 200,284

7

$ 32,381

0

$

7,748

0

$

8,112

0

$ 21,556

0

$ 142,685

2

$ 60,672

0

$ 27,829

0

$ 34,630

0

$ 25,943

0

$ 10,498

0

1650

JOURNAL OF THE SENATE,

Administration .............$ 953,078 Investigative. ..............$ 421,465 Total. ....................$ 3,657,239

$

26

$

18

$ 3,594,220 125

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 .....................I State Funds Budgeted ....................$ Total Positions Budgeted

317,670 17,554 13,000 5,300 2,500 1,100 --0-- 16,120 6,360 --0--
379,604 379,604
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

353,160 48,088 1,000 --0-- 20,400 2,500 41,100 48,741 15,000 15,000
544,989 544,989
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 ....................$ Total Positions Budgeted

339,235 33,220 25,000 --0-- 300 --0-- --0-- 5,393 5,000 --0--
408,148 408,148
15

FRIDAY, FEBRUARY 15, 1980

1651

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
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
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
8. State Campaign and Financial Disclosure Commission Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. . .......$

1,338,655 139,639 23,000 --0-- 17,000 33,891 --0-- 25,918 34,783 9,500
1,238,000 2,860,386 2,840,386
84
605,002 41,876 2,000 --0-- 115,000 5,485 --0-- 5,674 15,000 4,000
794,037 794,037
38
512,340 83,310 4,900 1,100 100,000 20,962 6,250 32,778 12,250 1,000
774,890 774,890
30
59,957 8,850 4,000 --0--

1652

JOURNAL OF THE SENATE,

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. 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
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 Authorized Motor Vehicles
B. Budget Unit: Real Estate Commission ........$
Real Estate Commission Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$

10,000 906
--0-- 5,235 2,915 10,000 101,863 101,863
3
161,774 20,214
4,000 --0-- 5,000 --0-- --0-- --0-- 3,600 --0-- 194,588 194,588
10
5,580,923 1,107,064
162,250 16,700
386,615 82,103
289,584 336,379 148,018 368,108 1,238,000
348 61
723,026
353,759 152,357 10,920
5,000 37,000
6,090 28,000 25,400

FRIDAY, FEBRUARY 15, 1980
Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

1653
13,050 91,450 723,026 723,026
24

Real Estate Commission Functional Budget

State Funds Real Estate Commission ......$ 723,026

Cost of

Operations

Pos.

$ 781,314

24

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 Authorized Motor Vehicles

353,759 152,357
10,920 5,000 37,000 6,090 28,000 25,400 13,050 91,450
24 9

Section 41. State Scholarship Commission.

Budget Unit: State Scholarship Commission. .........................$
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

13,485,000
1,033,698 80,000 21,000 --0-- 25,000 13,695 118,608 68,157 28,000 108,213
1,496,371 --0-- 64

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. ..............$ Total Funds Budgeted ....................$

570,000 570,000

1654

JOURNAL OF THE SENATE,

State Funds Budgeted ....................$ Total Positions Budgeted

505,000 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

2,495,000 8,619,100
3,364,872
123,700 14,602,672 12,948,000
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships ................$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

32,000 32,000 32,000
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 ..............$ Payment of Interest and Fees. ..............$ Direct Guaranteed Loans .................$ Tuition Equalization Grants. ..............$ State Student Incentive
Scholarships .........................$ Law Enforcement Personnel
Dependents Scholarships ................$ North Georgia College
ROTC Grants ........................$ Total Positions Budgeted Authorized Motor Vehicles

1,033,698 80,000 21,000 --0-- 25,000 13,695 118,608 68,157 28,000 108,213
570,000 2,495,000 8,619,100
3,364,872
32,000
123,700 64 1

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to ex ceed $12,000 is designated and committed for the pur pose of providing stipends for training recruitment, teacher and counselor personnel in health career fields

FRIDAY, FEBRUARY 15, 1980

1655

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 fur ther, 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 amend ed, to wit: (a) an amount not less than $1,435,000 is designated 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 pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $50,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amend ed; (c) an amount not to exceed $300,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $30,000 is desig nated and committed for the purpose of providing cancellable loans to students who are to become agri cultural teachers.
Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as may be necessary shall be used to pay an interest subsidy discount of 1.5% to lenders, other than educational in stitution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed dur ing fiscal year 1979-1980.
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 pay ments to lenders within thirty days after the end of each calendar quarter.
Provided that, the above appropriated amount rel ative to Tuition Equalization Grants provides for pay ment of grants of $600 per academic year to under graduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and con templates continuation of payment of the grant during the 1980 summer school term.

1656

JOURNAL OF THE SENATE,

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 provided by applicable State and Federal law, provided, however, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institu tions of higher education, nor to students for summer period study in other post-secondary educational institu tions unless summer period study is part of the typical academic year of such institution.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $32,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards per manently disabled or killed in the line of duty, as pro vided by law.
Provided, that with approval of the Governor, the Higher Education Assistance Corporation is authorized to budget and use agency funds for the purpose of acquir ing office facilities.
Section 42. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee. ..................$
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
2. Soil and Water Conservation Dam Safety Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$

653,045
283,259 31,560 34,400 --0-- 14,450 3,000 --0-- 12,511 8,500 124,300
511,980 511,980
12
92,170 11,250

FRIDAY, FEBRUARY 15, 1980

1657

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. Resources Conservation Act Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$ Equipment Purchases ....................$ Computer Charges ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Real Estate Rentals ......................$ 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 Authorized Motor Vehicles
Section 43. Teachers'Retirement System.
Budget Unit: Teachers' Retirement System ..............................$
Departmental Operations Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel ................................$ Motor Vehicle Equipment Purchases. ........$ Publications and Printing .................$

8,500 --0-- 2,600 3,937 2,000 3,500 2,500 14,608 141,065 141,065
5
45,538 4,659 1,130 --0--
20,325 --0-- --0-- 1,437 1,600 1,432
76,121 --0-- 0
420,967 47,469 44,030 --0-- 37,375 6,937 2,000 17,443 12,437 140,508 17 2
950,000
1,019,000 80,424 19,500 9,000 24,000

1658

JOURNAL OF THE SENATE,

Equipment Purchases ....................$ Computer Charges ......................$ Real Estate Rentals ......................$ Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Floor Fund for Local
Retirement Systems ....................$ Employer Contributions ..................$ 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 ..............$ Floor Fund for Local
Retirement Systems ....................$ Employer Contributions ..................$ Total Positions Budgeted Authorized Motor Vehicles
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 Ses sion of the Georgia General Assembly.

7,375 279,840
72,196 27,000 103,200
950,000 --0--
2,591,535 950,000 60
1,019,000 80,424 19,500 9,000 24,000 7,375
279,840 72,196 27,000 103,200
950,000 --0-- 60 1

Section 44. Department of Transportation.
Budget Unit: Department of Transportation .......................$
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 ......................I Telecommunications. ....................$ Per Diem, Fees and Contracts ..............$ Capital Outlay .........................$

340,869,553
57,860,521 3,636,389 1,364,600 --0-- 200,000 97,100 --0-- 31,650 657,671 2,606,069
285,121,425

FRIDAY, FEBRUARY 15, 1980

1659

State of Georgia General Obligation Debt Sinking Fund ...............................$
Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

--0-- 351,575,425 137,843,090
3,186

2. Maintenance and Betterments 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 .........................$ State of Georgia General
Obligation Debt Sinking Fund ............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted

45,079,787 26,371,194
231,850 --0-- 8,000 --0-- --0-- --0--
85,752 891,300 68,000,000
--0-- 140,667,883 137,206,526
3,725

3. Authorities Budget:
Authority Lease Rentals ..................$ State of Georgia General
Obligation Debt Sinking Fund. ...........$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

25,174,101
3,735,425 28,909,526 28,909,526

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases. ........$ Equipment Purchases ....................$ Capital Outlay .........................$ Total Funds Budgeted . ...................$ State Funds Budgeted ....................$

965,658 2,053,000
303,014 3,321,672 3,246,672

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 .................$

6,401,944 1,866,155
102,262 --0--
190,850

1660

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-- 1,220,000
718,348 160,722 145,000 10,805,281 10,805,281
321

Appropriation of State funds in the foregoing Depart ment of Transportation budgets shall be in conformity 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 Division of the Department of Administrative Services in the immediate ly preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Ad ministrative Services in the immediately preceding fiscal year and enter the full amount so determined on the rec ords 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 Pay ments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

For State matching participation in costs of construc tion, 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 provided all expenditures for county contracts shall be in ac cordance with and on the basis of average prices autho rized 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

FRIDAY, FEBRUARY 15, 1980

1661

Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and 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 Ad ministrative Services and constitutionally appropriated to the Department of Transportation.

For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.

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 Divi sion 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 in formation is furnished by the Department of Transporta tion.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular an nual 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 Section 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 pur pose and amounts as shown below:

Planning and Construction Geodetic Control ......................$
Capital Outlay-- Interstate Rehabilitation ................$

283,521 14,000,000

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JOURNAL OF THE SENATE,

Capital Outlay--Appalachian

Highway ............................$ 5,800,000

Capital Outlay--Paving State and Local

Schools and State Institutions. ............$

750,000

Georgia Road Improvement Program ........$ 10,000,000

Paving State Parks and

Historic Sites .........................$

300,000

Maintenance and Betterments

Capital Outlay--Rehabilitation and

Improvements Off-System ...............$ 28,000,000

Capital Outlay--Rehabilitation

On-System. ..........................$ 4,366,059.01

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 ac cordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Ad ministrative 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 deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipali ty in any future year.

Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

Air Transportation Budget:
Personal Services. .......................$ Regular Operating Expenses ...............$ Travel. ...............................$

410,222 282,244
11,500

FRIDAY, FEBRUARY 15, 1980

1663

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-- 200
131,000 --0-- 1 3,800 500
839,467 534,538
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

449,346 20,932 27,000 --0-- 23,000 1,800 --0-- --0-- 16,491
256,838
650,000
1,000,000 348,500
2,793,907 2,739,907
24

10. Harbor Maintenance Budget:
Harbor Maintenance Payments. ............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

950,000 950,000 950,000

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 .........................$ Mass Transit Grants .....................$ Grants to Municipalities ..................$ Harbor Maintenance Payments. ............$ Grants to Counties ......................$

110,201,820 32,176,914
1,737,212 965,658 422,050
2,282,900 1,220,000
749,999 924,436 3,899,707 353,424,439 348,500 9,317,000 950,000 9,317,013

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JOURNAL OF THE SENATE,

Authority Lease Rentals ..................$ Capital Outlay--Airport
Development .........................$ State of Georgia General
Obligation Debt Sinking Fund . ...........$ Capital Outlay--Airport
Operational Improvements ..............$ Total Positions Budgeted Authorized Motor Vehicles

25,174,101
650,000
3,735,425
1,000,000 7,273 4,750

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and 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 proj ect when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provid ed, further, that the Department of Transportation 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 $850,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance and im provements 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 increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.
Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Assistant be reassigned to pay grade 28.
Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Associate be reassigned to pay grade 30.

FRIDAY, FEBRUARY 15, 1980

1665

Provided, that of the above appropriation relative to the Inter-Modal Transfer Facilities budget, $25,000 is designated and committed for a rail relocation engineer ing study for Augusta and Richmond County.

Section 45. Department of Veterans Services.

Budget Unit: Department of Veterans Service. .............................$ 8,567,079

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 Authorized Motor Vehicles

2,466,371 110,640 74,495 --0-- 18,000 5,000 400 116,591 55,889 7,000 3,966
2,858,352 2,559,430
168 1

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay .........................$ Equipment Purchases ....................$ Regular Operating Expenses
for Projects ..........................$ Operating Expenses/Payments to
Central State Hospital ..................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

33,300 65,230
79,000
5,311,563 5,489,093 4,286,883

3. Veterans Nursing Home-- Augusta Budget:
Capital Outlay .........................$ Equipment Purchases ....................$ Regular Operating Expenses
for Projects ..........................$ Operating Expense/Payments to
Medical College of Georgia ..............$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

13,000 6,100
82,900
2,291,266 2,393,266 1,720,766

Budget Unit Object Classes:
Personal Services. .......................$ Regular Operating Expenses ...............$

2,466,371 110,640

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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 ..............$ Regular Operating Expenses
for Projects ..........................$ Total Positions Budgeted Authorized Motor Vehicles
Section 46. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board. ..............................$
1. Workers' 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 ..............$ Postage ...............................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$ Total Positions Budgeted
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

74,495 -- 0--
18,000 76,330
400 116,591 55,889
7,000 46,300
3,966
5,311,563
2,291,266
161,900 168 1
3,023,044
2,240,820 68,601 38,000 4,000 33,700 13,000 97,700 199,588 70,000 51,690 36,000
2,853,099 2,850,099
121
164,733 1,412 6,000 --0-- 300 500 --0-- --0-- --0--
172,945 172,945
10

FRIDAY, FEBRUARY 15, 1980

1667

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 ...............................$ Total Positions Budgeted Authorized Motor Vehicles

2,405,553 70,013 44,000 4,000 34,000 13,500 97,700 199,588 70,000 51,690 36,000 131 1

Section 47. State of Georgia General Obligation Debt Sinking Fund.

A.

Budget Unit: State of Georgia General

Obligation Debt Sinking

Fund (Issued) .........................$

B.

Budget Unit: State of Georgia General

Obligation Debt Sinking

Fund(New) ..........................$

36,272,828 6,700,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,400,000 is specifically appropriated for the purpose of constructing and equipping a Department of Human Resources facility at Thomasville, Georgia, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically appropriated for the pur pose of constructing and equipping an office building on property in Atlanta, Georgia, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $2,500,000 is specifically appropiated for the pur pose of financing expansion of Georgia Ports Authority facilities through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking. Fund, $1,000,000 is specifically appropriated for the purpose of financing the expansion of the Georgia World

1668

JOURNAL OF THE SENATE,

Congress Center through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the con struction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $300,000 is specifically appropriated for the pur pose of financing the acquisition and renovation of an of fice facility in Atlanta, Georgia, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt.
Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1980 there is hereby appropriated $1,985,355 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby ap propriated $3,402,600 for the purpose of providing operating funds for the State physical health laboratories ($208,600 -- Budget Unit 'A') and for State mental health/mental retardation institutions ($3,194,000 -- Budget Unit 'C') in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Ser vices from agency fund collections.
Section 49. It is the intent of this General Assembly that State employees residing in State-owned residences shall be charged for the utility consumption of those residences. The departments which have State-owned residences shall charge a reasonable rate per residence to be applied to the installation of electric and natural gas meters wherever applicable. Upon installation of necessary meters, the residences shall be charged the in stitution rate for utility consumption. If a residence is not assigned to an institution, local utility rates shall be used.
Section 50. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) utilize existing surplus funds for

FRIDAY, FEBRUARY 15, 1980
payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal year 1980 and thereafter.
Section 51. The Federal General Revenue Sharing contemplated in this Act shall be applied to the ap propriations of the Department of Education and Regents, University System of Georgia for the line item 'Teacher Retirement'. The proportion of such Federal Funds to be allocated to the Department of Education and Regents, University System of Georgia shall be deter mined by the Office of Planning and Budget.
Section 52. It is the intent of this General Assembly 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 business.
Provided, further, it is the intent of this General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 53. It is the intent of this General Assembly 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 extent necessary to maintain the effective matching ratio ex perienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated

1669

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JOURNAL OF THE SENATE,
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 Appropria tions Committees of the Senate and House of Representa tives of the instances of noncompliance with the stated in tent of this Section.
Section 54. It is the intent of this General Assembly that each agency for which an appropriation is authoriz ed herein shall maintain financial records in such a fashion as to enable the State Auditor to readily deter mine 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 wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.
Section 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 Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network, either directly or indirect-

Section 58. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provi sion, as amended, or appropriated for the fiscal year beginning July 1, 1978, and for each and every fiscal year thereafter, until all payments required under lease con tracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of

FRIDAY, FEBRUARY 15, 1980

1671

this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution in volved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums 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 Governor's recommendations contained in the Budget Report sub mitted to the General Assembly at the 1979 regular ses sion, and the amended Budget Report submitted to the General Assembly at the 1980 regular session except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1980, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to con sider 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 Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

1672

JOURNAL OF THE SENATE,

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 F.Y. 1980 submitted to the General Assembly at the 1979 regular session and the amended Budget Report submit ted to the General Assembly at the 1980 regular session.
Section 61. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and
(2) The number of authorized motor vehicles in dicated for each budget unit shall include leased vehicles and State-owned vehicles, and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
Section 62. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the ac tual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Plan ning and Budget, shall cease to be an obligation of the State.
Section 63. TOTAL APPROPRIATIONS
F.Y. 1980 ..............................$ 2,850,152,707.

Section 64. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 65. All laws and parts of laws in conflict with this Act are hereby repealed."

Section 2. This Act shall become effective upon its approval by the Gover nor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, FEBRUARY 15, 1980

1673

Senator Holloway of the 12th moved that the Senate adopt the Conference Com mittee Report on HB 1203.

On the motion, a roll call taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Lester McGill Overby Paulk

Those voting in the negative were Senators:

Barnes Bell Brantley

Hudgins Johnson Langford

Those not voting were Senators:

Bryant Horton

Land Stumbaugh

Reynolds Ril'ey Robinson Russell Scott Starr Sutton Tate Thompson Timmons Turner Walker Wessels
Littlefield Stephens
Summers Tysinger

On the motion, the yeas were 41, nays 8; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1203.

The following general resolution of the Senate, favorably reported by the commit tee, was read the third time and put upon its adoption:

SR 293. By Senators Evans of the 37th, English of the 21st, Walker of the 19th and others:
A resolution authorizing and directing the Commissioner of the Department of Agriculture, the Commissioner of the Department of Community Affairs and the Commissioner of the Department of Industry and Trade to conduct a joint study of the loss of prime farmland in Georgia and actions the State might take to preserve farmland.

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JOURNAL OF THE SENATE,

The Senate Committee on Agriculture offered the following amendment:

Amend SR 293 by adding on Page 1, line 3, and Page 2, line 3,5,11 and 26, between the word "Affairs" and the word "and" , the following:
", the Executive Director of the Soil and Water Conservation Com mittee";
and by striking from Page 2, line 15, the word "Since" and inserting in lieu thereof the word "Such";
and by adding on Page 3, line 6, between the word "Affairs" and the word "and", the following:
", the Honorable Graham Liles, Executive Director of the Soil and Water Conservation Committee,".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Brown of 47th Bryant Hudgins

Russell Stumbaugh

Summers Tysinger

On the adoption of the amendment, the yeas were 48, nays 0, and the committee amendment was adopted.

FRIDAY, FEBRUARY 15, 1980

1675

Senators English of the 21st and Evans of the 37th offered the following amend ment:

Amend SR 293 by adding on line 15 of Page 2, immediately following the sentence which ends in the word "losses", a new sentence to read as follows:
"The study shall be under the direction of and coordinated by the Executive Director of the Soil and Water Conservation Committee."
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 adoption of the resolution as amended, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:

McGill Overby Paulk Reynolds Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels

Bryant Hudgins Johnson

Riley Russell Stumbaugh

Summers Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

1676

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the following bill of the House:

HB 887. By Representatives Lane of the 40th and Games of the 43rd:
A bill to amend an Act establishing a new charter for the City of East Point, Georgia, so as to provide for nonpartisan elections within the limits of the City of East Point.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 770. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th, and Murphy of the 18th:
A resolution relative to adjournment.

The following resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 307. By Senator Tate of the 38th:

A RESOLUTION
Proposing an amendment to the Constitution so as to direct the Board of Regents to establish a program which permits teachers certificated in this state to enroll under certain circumstances in courses offered by the Univer sity System of Georgia without charge; to provide limitations; to provide for other matters relative to the foregoing; 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 VIII, Section IV of the Constitution is hereby amend ed by adding a new Paragraph at the end thereof, to be designated Paragraph III, to read as follows:
"Paragraph III. Program for Certified Teachers. The Board of Regents shall establish, by not later than the beginning of the fall quarter of 1981, a program whereby teachers certificated in this state may attend courses in units of the Universtiy System of Georgia without payment of tuition and/or other fees when the courses are taken pursuant to a re-

FRIDAY, FEBRUARY 15, 1980

1677

quirement by the State Board of Education that the teacher remain cer tificated in his/her subject area. The availability of courses or classes as provided in this Paragraph shall be limited for each teacher to ten quarter hours in each three calendar years and shall be subject to agree ment by the teacher that he or she will teach classes in the public schools of this state on a full-time basis in the school year following the year in which each class or course is taken. The Board of Regents shall adopt rules and regulations, not inconsistent with this Paragraph, to implement 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to permit teachers to take courses in the University System of Georgia without
[ ] NO payment of tuition and/or other fees when the courses are required by the State Board of Education for continued cer tification in his/her subject area?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Higher Education offered the following substitute to SR 307:

A RESOLUTION
Proposing an amendment to the Constitution so as to direct the State Board of Education to establish a program which permits teachers cer tificated in this state to enroll under certain circumstances in courses offered by institutions of higher education without charge to a maximum of $ 150.00 for ten quarter hours; to provide limitations; to provide for submis sion of the amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section IV of the Constitution is hereby amend ed by adding a new Paragraph at the end thereof, to be designated Paragraph III, to read as follows:
"Paragraph III. Program for Certified Teachers. The State Board of Education shall establish, by not later than the beginning of the fall quarter of 1981, a program whereby teachers certificated in this state may attend courses without payment of tuition to a maximum of $ 150.00 for ten quarter hours when the courses are taken pursuant to a

1678

JOURNAL OF THE SENATE,
requirement by the State Board of Education that the teacher remain cer tificated in his/her subject area. The availability of courses or classes as provided in this Paragraph shall be limited for each teacher to ten quarter hours in each three calendar years and shall be subject to agree ment by the teacher that he or she will teach classes in the public schools of this state on a full-time basis in the school year following the year in which each class or course is taken. The State Board of Education shall adopt rules and regulations, not inconsistent with this Paragraph, to im plement the provisions of this Paragraph. This provision shall become ef fective when funds are appropriated for this purpose."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to permit teachers to take courses in the colleges of higher education in Georgia
[ ] NO without payment of tuition to a maximum of $ 150.00 for ten quarter hour when the courses are required by the State Board of Education for continued certification in his/her subject area?"
All persons desiring to vote in favor of ratifying the proposed amended 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 Constituion of this state.

Senator Land of the 16th offered the following amendment:
Amend the substitute to SR 307 offered by the Senate Committee on Higher Education as follows:
On Page 1, line 5, remove words "to a maximum"; On Page 1, line 6, remove words "of $150.00"; On Page 1, line 19, remove words "to a maximum" and on line 20 remove words "of $150.00"; and On Page 2 delete on lines 15 and 16, the words "to a maximum of $150.00".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

FRIDAY, FEBRUARY 15, 1980

1679

On the adoption of the substitute, the President ordered a roll call, 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 Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd

Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Barnes Bryant Fincher of 54th

Hill Russell Stumbaugh

Summers Tysinger

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Cobb Coverdell

Eldridge English Fincher of 52nd Foster Gillis Greene Holloway Horton Howard Hudgins

Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

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JOURNAL OF THE SENATE,

Paulk Reynolds Riley Robinson

Scott Starr Stephens Sutton

Those not-voting were Senators:

Barnes Bryant Carter Dean
Evans

Fincher of 54th Hill Russell Stumbaugh

Tate Timmons Walker Wessels
Summers Thompson Turner Tysinger

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
HB 1107. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-5, relating to motor contract carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.
Senate Sponsor: Senator Brown of the 47th:

The Senate Committee on Public Utilities offered the following substitute to HB 1107:

A BILL
To be entitled an Act to amend Code Chapter 68-5, relating to motor contract carriers, as amended, so as to provide for and require the collection of certain application fees; to authorize the Georgia Public Service Commis sion to delegate its authority under certain circumstances; to provide for ap peal to the commission; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBY OF GEORGIA:
Section 1. Code Chapter 68-5, relating to motor contract carriers, as amended, is hereby amended by striking Code Section 68-506 in its entirety and inserting in lieu thereof a new Code Section 68-506 to read as follows:
"68-506. Same; fees for issuance of, amendment to, or transfer. The commission shall collect the following fees pursuant to this chapter:
(a) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates less than six motor vehicles;

FRIDAY, FEBRUARY 15, 1980

1681

(b) A fee of $ 150.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing cer tificate where applicant owns or operates six to 15 motor vehicles;
(c) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing cer tificate where applicant owns or operates over 15 motor vehicle vehicles;
(d) A fee of $75.00 to accompany each application for transfer of a certificate;
(e) A fee of $50.00 to accompany each application for intrastate emergency temporary authority."

Section 2. Said Code chapter is further amended by adding between Code Sections 68-510 and 68-511 a new Code section, to be designated Code Section 68-510.1, to read as follows:
"68.510.1. Delegation of authority; appeals. In any case pending before the commission pursuant to the provisions of this Code chapter, the commission shall be authorized to delegate any of its authority under this Code chapter to designated employees of the commission and deci sions of such employeees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding aggriev ed by a final decision of an employee of the commission shall have the right of appeal to the commission. The appeal shall be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal, unless the party whose case is pending before the commission request in writing that the com mission itself hear the case."

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 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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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Timmons Turner Walker Wessels

Those not voting were Senators:

Brantley Bryant Evans Fincher of 54th

Langford Littlefield Russell Stumbaugh

Summers Thompson Tysinger

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 1110. By Representatives Snow of the 1st, Evans of the 84th, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, so as to provide for the redemption of shares at the option of the holder on or subsequent to a certain date.
Senate Sponsor: Senator Overby of the 49th.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1110 by adding at line 6 of Page 1 immediately following the word "form" the following:

"and procedure".
By adding at line 27 of Page 4 immediately after the words "a majoirity of the" the following:
"persons who were".

FRIDAY, FEBRUARY 15, 1980

1683

By adding at line 28 of Page 4 immediately after the words "involun tary dissolution" the following:
"and who are living and whose whereabouts can be discovered after reasonable efforts at the time of the petition. Said petition shall be ap proved after it has been".
By adding at line 3 of Page 6 immediately following the word "dissolu tion" the following:
"who are now living and whose whereabouts can be determined after reasonable effort".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Timmons Turner Walker Wessels

Those not voting were Senators:

Brantley Bryant Fincher of 54th Hudson

Johnson Langford Lester Russell

Stumbaugh Summers Thompson Tysinger

On the passage of the bill, the yeas were 43, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the House was read and put upon its adoption:

HR 770. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th and Murphy of the 18th:
A resolution relative to adjournment by the General Assembly at 8:00 o'clock P.M. on February 15, to reconvene at 9:30 o'clock A.M. on February 19.

Senators Broun of the 46th, Holloway of the 12th and Riley of the 1st offered the following amendment:
Amend HR 770 by adding a new paragraph at the end thereof to read as follows:
"BE IT FURTHER RESOLVED that the General Assembly adjourn at 8:00 P.M. on February 20, 1980, and reconvene at 9:30 A.M. on February 26, 1980."

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

On the adoption of the resolution, the yeas were 37, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1137. By Representatives Bostick of the 146th and Veazey of the 146th: A bill to add one additional judge of the superior courts of the Tifton Judicial Circuit of Georgia. Senate Sponsor: Senator Sutton of the 9th.

The report of the committee, which was favorableto the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 15, 1980

1685

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Johnson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Barnes Brantley Bryant Fincher of 54th

Hudson Langford Russell Scott

Overby Paulk Reynolds Riley Robinson Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels
Stumbaugh Summers Tysinger

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HB 1207. By Representatives Rainey of the 135th, Hays of the 1st, Peters of the 2nd and Twiggs of the 4th:
A bill to amend Code Title 45, known as the "Game and Fish Code," so as to provide new length limits for the taking or possession of largemouth bass and to authorize the Board of Natural Resources to establish exceptions to said length limits.
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:

1686

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker

Voting in the negative were Senators Kennedy and Wessels.

Those not voting were Senators:

Brantley Bryant Fincher of 54th Holloway (presiding)

Hudson Langford Russell

Stumbaugh Summers Tysinger

On the passage of the bill, the yeas were 43, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 1218. By Representatives Snow of the 1st, Culpepper of the 98th, Murray of the 116th and others: A bill to amend Code Title 22, relating to corporations, so as to authorize the board of directors to adopt a resolution providing that the shares of any preferred or special class may be divided into and issued in series if the ar ticles of incorporation have not established a series and fixed and determin ed the variations in the relative rights and preferences as between series. 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:

FRIDAY, FEBRUARY 15, 1980

1687

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Foster Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels-

Those not voting were Senators:

Brantley Bryant Fincher of 52nd Fincher of 54th

Gillis Holloway (presiding) Langford Russell

Stumbaugh Summers Tysinger

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills of the Senate and House, having been reconsidered previously today and placed at the foot of the Rules Calendar, were put upon their passage:

SB 289. By Senators Scott of the 43rd and Broun of the 46th:
A bill to amend Code Section 32-937, relating to admissions to the common schools of this State, as amended, so as to provide for tuition fees in certain instances; to provide for a determination of the amount of these fees; to pro vide for the use of the monies collected; to provide for rules and regulations.

Senator Scott of the 43rd moved that SB 289 be committed to the Committee on Higher Education.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 289 was committed to the Committee on Higher Education.

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JOURNAL OF THE SENATE,

HB 50. By Representatives Richardson of the 52nd and Vaughn of the 57th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations.

Senator Coverdell of the 40th moved that HB 50 be postponed until Tuesday, February 19.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 50 was postponed until Tuesday, February 19.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 507. By Senator Tysinger of the 41 st:
A bill to amend Code Chapter 114-6, relating to insurance under the workers' compensation laws, as amended, so as to provide that certain selfinsurers shall not be required to post bond evidencing security.

Senator Scott of the 43rd moved that SB 507 be postponed until Tuesday, February 19.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 507 was posponed until Tuesday, February 19.
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 332. By Senator Fincher of the 54th:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase to $6,000.00 the amount of the homestead exemption from county taxes for residents of Murray County who are 65 years of age or over; 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 paragraph:

FRIDAY, FEBRUARY 15, 1980

1689

"Each resident of Murray County who is sixty-five (65) years of age or over is hereby granted an exemption from all county ad valorem taxes in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter 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 in dividual and his spouse under the Federal Social Security Act, and in come from such sources in excess of such maximum amount shall be in cluded as net income for the purposes of this paragraph. 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 Murray County, giving his age and the amount of in come which he and his spouse received during the last taxable year for in come 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 ex emption. The tax commissioner shall provide affidavit forms for this pur poses. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law ap plicable to the processing of homestead exemption, as the same now ex ists 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 of Murray County 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 ex emption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase to $6,000.00 the amount of the homestead exemption from
[ ] NO county taxes for residents of Murray County who are 65 years of age or over?
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote " No."

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JOURNAL OF THE SENATE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, 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 Bond Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester McGill Overby

Those not voting were Senators:

Brantley Bryant Fincher of 54th Gillis

Holloway (presiding) Hudson Littlefield Russell

Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels
Stumbaugh Summers Tysinger

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 582. By Representative Branch of the 137th:
A RESOLUTION Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by certain

FRIDAY, FEBRUARY 15, 1980

1691

residents of Ben Hill 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 GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Ben Hill County actually oc cupied 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 $6,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except taxation to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall ap ply to all taxable years beginning after December 31, 1980.
Each resident of Ben Hill County who is sixty-five years of age or over is hereby granted an exemption from all ad valorem taxation for county and school purposes, except taxation to pay interest on and retire bonded indebtedness, in the total amount of $12,000.00 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, ex cept as hereinafter provided, does not exceed $4,000.00 for the im mediately preceding taxable year for income tax purposes. For the pur poses 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 value of the residence in excess of the above ex empted 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 Ben Hill 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 ex emption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner 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 pro cessing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Once any such owner has filed the proper affidavit 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 allow ed 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

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reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this ex emption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the amount of each homestead of each resident of Ben Hill
[ ] NO County which is exempt from county and school taxes to $6,000.00 and so as to increase to $ 12,000.00 the amount of the homestead which is exempt from county and school taxes of each resident of Ben Hill County who is sixty-five years of age or over and whose income does not exceed $4,000.00?
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Carter
c bb Coverdell
Dean Eldridge English Evans

Fincher of 52nd Foster Greene Hill
Horton Howard Hudgins Johnson Kennedy
Kidd Land
Langford Lester McGill Overby

Paulk Reynolds Riley Robinson
Scott Starr Stephens Sutton Tate
Thompson Timmons
Turner Walker Wessels

FRIDAY, FEBRUARY 15, 1980

Those not voting were Senators:

Brantley
Bryant Fincher of 54th Gillis

Holloway (presiding)
Hudson Littlefield Russell

Stumbaugh Summers Tysinger

On the adoption of the resolution, the yeas were 44, nay 0.

1693

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 591. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Dalton who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the in come of certain members of the family, not exceeding $6,000.00 per annum, shall be granted a homestead exemption of $ 10,000.00 from ad valorem tax ation 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 GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding immediately preceding the final paragraph thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Dalton who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $6,000.00 per annum, and each resident of the City of Dalton who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $6,000.00 per annum, is hereby granted an exemption of $ 10,000.00 on his homestead from all ad valorem taxa tion by the City of Dalton as long as any such resident of the City of Dalton actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $ 10,000.00 exemption per homestead. The value of the homestead in ex cess of the above exempted amount shall remain subject to ad valorem taxation by the City of Dalton. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Dalton, or with a person designated by the governing authority of the City of Dalton, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the

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governing authority of the City of Dalton, or the person designated by the governing authority of the City of Dalton, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Dalton, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that residents of the City of Dalton who are 62 years of age or
[ ] NO over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per annum, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said City?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond
Broun of 46th Brown of 47th Carter Cobb
Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Greene Hill Horton Howard
Hudgins Johnson Kennedy Kidd
Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Scott Starr
Stephens Sutton Tare Thompson
Timmons Turner Walker Wessels

FRIDAY, FEBRUARY 15, 1980

1695

Those not voting were Senators:

Brantley
Bryant Fincher of 54th Gillis

Holloway (presiding)
Hudson Littlefield Russell

Stumbaugh Summers Tysinger

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 592. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Dalton Development 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, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to create in and for the City of Dalton, the Downtown Dalton Development Authority for the purpose of the redevelopment of the downtown Dalton area. Said Authority shall have the power to employ engineers and planners, to con tract for the construction of buildings and other facilities, and to contract with the City of Dalton 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 Dalton, and to levy and collect taxes within said districts bas ed on values of the taxable property fixed by the Tax Digest of the City of Dalton to defray the costs of the foregoing. The General Assembly may authorize the Authority to create one or more of such districts and authorize the Authority to define the boundaries of such districts. The Authority shall have the power to issue bonds and/or revenue certificates, 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 on property used for residential purposes or used for school or church purposes. The Authority shall have the right and power of emi nent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all mat ters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Dalton which shall be subject to the provisions of this paragraph."

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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.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ) NO

Shall the Constitution be amended so as to provide for the establishment of a Downtown Dalton 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 amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Community Affairs offered the following amendment:

Amend HR 592 by inserting on Page 1, line 22, between the words "tax able" and "property", the word

On the adoption of the amendment, the yeas were 44, 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:
Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Broun of 46th Brown of 47th Carter Cobb Coverdell

Dean Eldridge English Evans
Fincher of 52nd Foster Greene Hill Horton Howard Hudgins

Johnson Kennedy Kidd Land
Langford Lester McGill Overby Paulk Reynolds Riley

FRIDAY, FEBRUARY 15, 1980

1697

Robinson Scott Starr Stephens

Sutton Tate Thompson Timmons

Those not voting were Senators:

Brantley Bryant Fincher of 54th Gillis

Holloway (presiding) Hudson Littlefield Russell

Turner Walker Wessels
Stumbaugh Summers Tysinger

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment to the following resolution of the House:

HR 770. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th and Murphy of the 18th:
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 following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 31. SB 359.
SB 360. SB 362. SB 364.

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SB 365. SB 366. SB 367. SB 368. SB 369. SB 371. SB 372. SB 374. SB 375. SB 376. SB 377. SB 378. SB 461. SB 548.

Respectfully submitted,
/si Ronnie Walker, Chairman Senator, District 19

The President resumed the Chair.

The President announced that the Senate would stand in recess from 1:15 o'clock P.M. until 8:00 o'clock P.M. today, at which time the Senate would stand adjourned, pursuant to the provisions of HR 770, previously adopted, until Tuesday, February 19, at 9:30 o'clock A.M.

TUESDAY, FEBRUARY 19, 1980

1699

Senate Chamber, Atlanta, Georgia Tuesday .February 19, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Walker of the 19th reported that the Journal of the proceedings of Friday, February 15, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1008. By Representatives Cooper of the 19th and Burruss of the 21st:
A bill to authorize the establishment of a civil service system in Paulding County for employees of Paulding County.

HB 1692. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

HB 1693. By Representatives Colwell and Twiggs of the 4th: A bill to provide for filling vacancies on the board of trustees of the Union County Hospital Authority.
HB 1697. By Representatives Clark and Milford of the 13th: A bill to amend an Act creating a board of commissioners of Madison County, so as to change the compensation of the chairman of the board of commissioners.

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HB 1698. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County and providing in lieu thereof an annual salary, so as to change the salary of the coroner.

HB 1704. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city.

HB 1705. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to create the Gainesville Area Park Commission and to authorize such commission, to acquire, construct, equip, maintain and operate a recrea tional center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, and related buildings and the usual and convenient facilities appertaining to such undertakings, and to confer powers and to impose duties on the Com-

HB 1706. By Representatives Davis of the 99th, Pinkston of the 100th, Home of the 104th and others:
A bill to amend an Act creating the State Court of Bibb County, formerly the City Court of Macon, so as to change the compensation of persons acting as judge pro tem.
HB 1708. By Representatives Snow and Hays of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the Walker County Water and Sewerage Authority, so as to change the compensation of each member of the Authori ty including the compensation of the Chairman.
HB 1710. By Representatives Snow and Hays of the 1st, Foster of the 6th and Crawford of the 5th:
A bill to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authori ty and their selection; to provide for an annual meeting of users of the authority.
HB 1711. By Representatives Snow and Hays of the 1st, Williams of the 6th and others:
A bill to amend an Act creating the State Court of the Walker County, so as to provide that said court may by local rule provide that trial juries in said court shall consist of six jurors and for strikes and other procedure in con nection therewith.

TUESDAY, FEBRUARY 19, 1980

1701

HB 1712. By Representatives Snow and Hays of the 1st, Foster of the 6th, and Crawford of the 5th:
A bill to amend an Act placing the Clerk of Superior Court of Walker Coun ty on an annual salary, so as to change the maximum amount of compensa tion of personnel.

HB 1714. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Trenton, so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a Municipal Judge.

HB 1717. By Representatives Beck of the 148th and Reaves of the 147th:
A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the compensation of the members of the board.

HB 1730. By Representative Jackson of the 77th: A bill to create a new board of commissioners of Columbia County.

HB 1737. By Representatives Davis of the 99th, Home of the 104th, Randall of the 101st and others:
A bill to amend an Act creating the State Court of Bibb County, formerly the City Court of Macon, so as to provide that the salary of the judge of said court shall be fixed annually by the Bibb County Commissioners in an amount not less than a certain minimum:

HB 1738. By Representatives Clifton of the 121st and Kemp of the 139th: A bill to create and establish a Small Claims Court of Long County.

HB 1739. By Representatives Clifton of the 121st and Kemp of the 139th:
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 not receive addi tional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest.

HB 1750. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Newton County Water and Sewerage Authority Act", so as to prohibit new private water systems or connections except where after notice the Authority declines to provide service.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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SB 440. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, so as to change cer tain provisions relating to the judge pro hac vice.

SB 517. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, so as to change the corporate limits of the city; to provide for other matters relative to the foregoing.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 678. By Representative Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Worth County and Worth County School District ad valorem taxes for each resident of Worth County who is 62 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 $ 10,000.00.

HR 679. By Representative Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all City of Ashburn ad valorem taxes for each resident of the city who is 62 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 $10,000.00.

HR 680. By Representative Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all City of Sylvester ad valorem taxes for each resident of the city who is 62 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 $10,000.00.

HR 681. By Representatives Wilson of the 19th, Housley of the 21st, Isakson and Harrison of the 20th and others:
A resolution proposing an amendment to the Constitution so as to create the Acworth Downtown Development Authority.
The House has agreed to the Senate amendments to the following bills of the House:

TUESDAY, FEBRUARY 19, 1980

1703

HB 1138. By Representative Johnson of the 74th:
A bill to amend Code Chapter 24-29, relating to district attorneys, so as to provide that any county may supplement the salary of the district attorney of the judicial circuit in which the county lies.

HB 1370. By Representatives Davis of the 99th, Pilewicz of the 41st, and Vaughn of the 57th:
A bill to amend Code Section 26-1601, relating to burglary, so as to change the provisions relating to the definition of burglary; to provide lor clarifica tion with respect to penalties.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1284. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide a definition of Public Airport Passenger Terminal.

HB 1481. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to provide for one additional judge of the superior courts of the Dublin Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.

The House has agreed to the Senate substitute to the following bill of the House:

HB 327. By Representative Knight of the 67th:
A bill to amend an Act creating the Sheriff's Retirement Fund of Georgia so as to provide that active members who have waived their claim for services in the armed forces of the United States of America, not to exceed four years, and services as a peace officer, other than as a sheriff, not to exceed four years, may claim credit for such services as a basis for future retirement.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 698. By Representatives Wood, Lawson, and Jackson of the 9th:
A bill to amend an Act known as the Employment Security Law (formerly Unemployment Compensation Law) so as to provide that for purposes of unemployment compensation coverage, employees of county and district health agencies which are established under Georgia Code Chapter 88-2 shall be deemed employees of the State of Georgia.

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JOURNAL OF THE SENATE,

HB 765. By Representatives Bostick of the 146th, Harrison of the 20th, Moore of the 152nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to change the provisions relative to the basis for the allot ment of funds for the payment of sick and personal leave expenses of school bus drivers.

HB 1036. By Representatives Nix of the 20th, Cooper and Kaley of the 19th and others:
A bill to amend Code Section 22-5106, relating to execution of instruments conveying interest in real property, so as to provide for the execution of in struments releasing a security agreement.

HB 1174. By Representatives Milford of the 13th, Mann and Clark of the 13th and Russell of the 64th:
A bill to fix the terms of court of the superior courts of Clarke and Oconee counties of the Western Judicial Circuit.

HB 1352. By Representatives Mann, Clark and Milford of the 13th:
A bill to change the terms of court of the superior court in each of the five counties comprising the Northern Judicial Circuit.

HB 1405. By Representative Knight of the 67th:
A bill to amend Code Section 84-601, relating to the definition of podiatry, so as to change said definitions.

HB 1414. By Representative Phillips of the 59th:
A bill to amend Code Title 34, relating to elections, so as to provide that sample or facsimile ballots or ballot labels shall be available at least 30 days prior to each general election.

HB 1436. By Representatives Coleman of the 118th, Hanner of the 130th and Martin of the 60th:
A bill to amend Code Chapter 3-10, relating to limitation of actions for torts, so as to limit the liability of officers, members, agents, or employees of fire departments.

HB 1485. By Representatives Gignilliat of the 122nd and Hawkins of the 50th:
A bill creating Authorities in the cities and counties of this State empowered to furnish, or to cooperate with certain nonprofit corporations in furnishing, residential care facilities for the elderly.

TUESDAY, FEBRUARY 19, 1980

1705

HB 1536. By Representative Ross of the 76th:
A bill to amend an Act creating the Board of Recreation Examiners of the State of Georgia, so as to continue the Board of Recreation Examiners of the State of Georgia and the laws relating thereto until July 1, 1981.

HB 1709. By Representatives Snow and Hays of the 1st, Williams of the 6th and others:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the clerk-typist employed by the district attorney.

HB 1178. By Representatives Clark of the 13th, Matthews of the 145th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relating to minimum retirement benefits for previously retired persons; to provide that this Act shall become effective when funds are appropriated by the General Assembly to carry out its provi-

HB 1210. By Representatives Buck of the 95th, Harris of the 8th, Daugherty of the 33rd and others:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia; so as to change the provisions relative to retire ment benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia.
HB 1289. By Representatives Smyre of the 92nd, Marcus of the 26th, Lambert of the 112th and Jones of the 126th:
A bill to authorize the Governor to appoint any person who is otherwise qualified as provided by law, to serve as a member of any state examining board, not withstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees.
HB 1460. By Representatives Triplett of the 128th and Carnes of the 43rd:
A bill to amend an Act known as the "Geo. L. Smith World Congress Center Act", so as to reconstitute the executive board of the authority and provide for the compensation, qualifications, and terms of its members.
HB 1592. By Representatives Birdsong of the 103rd and Home of the 104th:
A bill to amend Code Chapter 88-27, relating to public health, so as to pro vide that it is illegal to wantonly or maliciously remove a dead body from a grave or to otherwise wantonly or maliciously disturb the contents of a grave or tomb.

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JOURNAL OF THE SENATE,

HB 1666. By Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend Code Section 88-2603, relating to the power of the Depart ment of Human Resources to fluoridate potable public water supplies, so as to provide that any municipality or county may hold a referendum under certain conditions; to prohibit or approve fluoridation of potable publicwater supplies.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 682. By Representatives Castleberry of the 111th and Edwards of the 110th:
A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Stewart County, Georgia, as the Stonewall Jackson Patterson Memorial Bridge.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1151. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to provide for a Georgia Public Safety Training Center; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1203. By Representatives Lambert ol the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," so as to change certain ap propriations for the fiscal year 1979-80; to make language and other changes.

The House had disagreed to the Senate amendment to the following bill of the House:

HB 1302. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles so as to provide for handicapped parking; to provide for a short title, to define terms; to provide for a system of handicapped parking permits to be ad ministered by the Department of Public Safety.

TUESDAY, FEBRUARY 19, 1980

1707

The following resolutions of the Senate were introduced, read the first time and referred to committees:

SR 353. By Senators Littlef ield of the 6th and Johnson of the 34th: A resolution creating the juvenile Justice Study Committee.
Referred to Committee on Judiciary.

SR 356. By Senators Lester of the 23rd and Allgood of the 22nd:
A resolution urging the Congress of the United States to reassess priorities in air and water pollution and establish new national objectives which give due consideration to the necessity for conserving scarce energy resources as well as maintaining acceptable environmental standards.
Referred to Committee on Natural Resources and Environmental Quality.

SR 358. By Senator Broun of the 46th:
A resolution creating the Joint Child Abuse Study Committee. Referred to Committee on Judiciary.
The following bills and resolutions of the House were read the first time and refer red to committees:
HB 698. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act known as the Employment'Security Law (formerly Unemployment Compensation Law) so as to provide that for purposes of unemployment compensation coverage, employees of county and district health agencies which are established under Georgia Code Chapter 88-2 shall be deemed employees of the State of Georgia. Referred to Committee on Industry, Labor and Tourism.

HB 765. By Representatives Bostick of the 146th, Harrison of the 20th, Moore of the 152nd and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to change the provision relative to the basis for allotment of funds for the payment of sick and personal leave expenses of school bus drivers.
Referred to Committee on Education.

HB 1036. By Representatives Nix of the 20th, Cooper and Kaley of the 19th and Housleyof the 21st:
A bill relating to execution of instruments conveying interest in real proper ty, so as to provide for the execution of instruments releasing a security agreement.
Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE,

HB 1174. By Representatives Milford of the 13th, Mann and Clark of the 13th, and Russell of the 64th:
A bill to fix the terms of court of the superior courts of Clarke and Oconee counties of the Western Judicial Circuit. Referred to Committee on Judiciary.

HB 1178. By Representatives Clark of the 13th, Matthews of the 145th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relating to minimum retirement benefits for previously retired person; to provide that this Act shall become effective when funds are appropriated by the General Assembly to carry out its provi sions. Referred to Committee on Retirement.
HB 1210. By Representatives Buck of the 95th, Harris of the 8th, Daugherty of the 33rd and others:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia; so as to change the provisions relative to retire ment benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia. Referred to Committee on Retirement.
HB 1284. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide a definition of Public Airport Passenger Terminal. Referred to Committee on Community Affairs.
HB 1289. By Representatives Smyre of the 92nd, Marcus of the 26th, Lambert of the 112th and Jones of the 126th:
A bill to authorize the Governor to appoint any person who is otherwise qualified as provided by law to serve as a member of any state examining board, not withstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees. Referred to Committee on Governmental Operations.

HB 1352. By Representatives Mann, Clark and Milford of the 13th:
A bill to change the terms of court of the superior court in each of the five counties comprising the Northern Judicial Circuit. Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 19, 1980

1709

HB 1405. By Representative Knight of the 67th:
A bill to amend Code Section 84-601, relating to the definition of podiatry, so as to change said definitions. Referred to Committee on Human Resources.

HB 1414. By Representative Phillips of the 59th:
A bill to amend Code Title 34, relating to elections, so as to provide that sample or facsimile ballots or ballot labels shall be available at least 30 days prior to each general election. Referred to Committee on Governmental Operations.

HB 1436. By Representatives Coleman of the 118th, Hanner of the 130th and Martin of the 60th:
A bill to amend Code Chapter 3-10, relating to limitation of actions for torts, so as to limit the liability of officers, members, agents or employees of fire departments.
Referred to Committee on Judiciary.

HB 1460. By Representatives Triplett of the 128th and Carnes of the 43rd:
A bill to amend an Act known as the "Geo. L. Smith World Congress Center Act'" so as to reconstitute the executive board of the authority and provide for the compensation, qualifications and terms of its members. Referred to Committee on Governmental Operations.

HB 1481. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to provide for one additional judge of the superior courts of the Dublin Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor. Referred to Committee on Judiciary.

HB 1485. By Representatives Gignilliat of the 122nd and Hawkins of the 50th:
A bill creating authorities in the cities and counties of this State empowered to furnish, or to cooperate with certain nonprofit corporations in furnishing, residentail care facilities for the elderly. Referred to Committee on Human Resources.

HB 1536. By Representative Ross of the 76th:
A bill to amend an Act creating the Board of Recreation Examiners of the State of Georgia, so as to continue the Board of Recreation Examiners of the State of Georgia and the laws relating thereto until July 1, 1981. Referred to Committee on Governmental Operations.

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HB 1592. By Representatives Birdsong of the 103rd and Home of the 104th:
A bill to amend Code Chapter 88-27, relating to public health, so as to pro vide that it is illegal to wantonly or maliciously remove a dead body from a grave or to otherwise wantonly or maliciously disturb the contents of a grave or tomb.
Referred to Committee on Special Judiciary.

HB 1666. By Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend Code Section 88-2603, relating to the power of the Depart ment of Human Resources to fluoridate potable public water supplies, so as to provide that any municipality or county may hold a referendum under certain conditions; to prohibit or approve fluoridation of potable public water supplies.
Referred to Committee on Human Resources.

HB 1709. By Representatives Snow and Hays of the 1st, Williams of the 6th, Foster of the 6th and Crawford of the 5th:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the clerk-typist employed by the district attorney.
Referred to Committee on Judiciary.

HB 1008. By Representatives Cooper of the 19th and Burruss of the 21st:
A bill to authorize the establishment of a civil service system in Paulding County for Employees of Paulding County. Referred to Committee on Community Affairs.

HB 1692. By Representatives Johnson, Benef ield, Wood and Lee of the 72nd:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. Referred to Committee on Community Affairs.

HB 1693. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for filling vacancies on the board of trustees of the Union County Hospital Authority. Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 19, 1980

1711

HB 1697. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating a board of commissioners of Madison Coun ty, so as to change the compensation of the chairman of the board of com missioners. Referred to Committee on Community Affairs.

HB 1698. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County and providing in lieu thereof an annual salary, so as to change the salary of the coroner.
Referred to Committee on Community Affairs.

HB 1704. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city. Referred to Committee on Community Affairs.

HB 1705. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to create the Gainesville Area Park Commission and to authorize such commission, to acquire, construct, equip, maintain and operate a recrea tional center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, and related buildings and the usual and convenient facilities appertaining to such undertakings, and to confer powers and to impose duties on the Com mission.
Referred to Committee on Community Affairs.

HB 1706. By Representatives Davis of the 99th, Pinkston of the 100th, Home of the 104th and others:
A bill to amend an Act creating the State Court of Bibb County, formerly the City Court of Macon, so as to change the compensation of persons acting as judge pro tern. Referred to Committee on Community Affairs.
HB 1708. By Representatives Snow and Hays of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the Walker County Water and Sewerage Authority, so as to change the compensation of each member of the Authori ty including the compensation of the Chairman. Referred to Committee on Community Affairs.

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HB 1710. By Representatives Snow and Hays of the 1st, Foster of the 6th and Crawford of the 5th:
A bill to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authori ty and their selection; to provide for an annual meeting of users of the authority.
Referred to Committee on Community Affairs.

HB 1711. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and Crawford of the 5th:
A bill to amend an Act creating the State Court of Walker County, so as to provide that said court may by local rule provide that trial juries in said court shall consist of six jurors and for strikes and other procedure in con nection therewith.
Referred to Committee on Community Affairs.

HB 1712. By Representatives Snow and Hays of the 1st, Foster of the 6th and Crawford of the 5th:
A bill to amend an Act placing the Clerk of Superior Court of Walker Coun ty on an annual salary, so as to change the maximum amount of compensa tion of personnel.
Referred to Committee on Community Affairs.

HB 1714. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Trenton, so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a Municipal Judge. Referred to Committee on Community Affairs.

HB 1717. By Representatives Beck of the 148th and Reaves of the 147th:
A bill to amend an Act creating the board or commissioners of Lowndes County, so as to change the compensation of the members of the board. Referred to Committee on Community Affairs.

HB 1730. By Representative Jackson of the 77th:
A bill to create a new board of commissioners of Columbia County. Referred to Committee on Community Affairs.

HB 1737. By Representatives Davis of the 99th, Home of the 104th, Randall of the 101st and others:
A bill to amend an Act creating the State Court of Bibb County, formerly the City Court of Macon, so as to provide that the salary of the judge of said

TUESDAY, FEBRUARY 19, 1980

1713

court shall be fixed annually by the Bibb County Commissioners in an amount not less than a certain minimum. Referred to Committee on Community Affairs.
HB 1738. By Representatives Clifton of the 121st and Kemp of the 139th:
A bill to create and establish a Small Claims Court of Long County. Referred to Committee on Community Affairs.
HB 1739. By Representatives Clifton of the 121st and Kemp of the 139th:
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 not receive addi tional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest. Referred to Committee on Community Affairs.
HB 1750. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Newton County Water and Sewerage Authority Act," so as to prohibit new private water systems or connections except where after notice the Authority declines to provide service. Referred to Committee on Community Affairs.
HR 678. By Representative Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Worth County and Worth County School District ad valorem taxes for each resident of Worth County who is 62 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 $ 10,000.00. Referred to Committee on Community Affairs.
HR 679. By Representative Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all City of Ashburn ad valorem taxes for each resident of the city who is 62 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 $10,000.00.
Referred to Committee on Community Affairs.

HR 680. By Representative Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all City of Sylvester ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if

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his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.
Referred to Committee on Community Affairs.

HR 681. By Representatives Wilson of the 19th, Housle'y of the 21st, Isakson and Harrison of the 20th and others:
A resolution proposing an amendment to the Constitution so as to create the Acworth Downtown Development Authority. Referred to Committee on Community Affairs.

HR 682. By Representatives Castleberry of the 111th and Edwards of the 110th:
A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Stewart County, Georgia, as the Stonewall Jackson Patterson Memorial Bridge. Referred to Committee on Transportation.
The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 556. Do pass by substitute. HB 1159. Do pass by substitute. HB 1208. Do pass. HB 1319. Dopass. HB 1530. Dopass. HB 1624. Dopass. HB 1625. Dopass. HB 1626. Dopass. HB 1627. Dopass. HB 1628. Dopass. HB 1629. Dopass. HB 1630. Dopass. HB 1650. Dopass. HB 1651. Dopass.

TUESDAY, FEBRUARY 19, 1980

1715

HB 1652. Do pass. HB 1653. Do pass. HB 1654. Do pass. HB 1655. Do pass. HB 1656. Do pass. HB 1657. Do pass. HB 1658. Do pass. HB 1659. Do pass. HB 1660. Do pass. HB 1673. Do pass. HR 525. Do pass by substitute. HR 543. Do pass. HR 570. Do pass. HR 631. Do pass. HR 643. Do pass.

Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:
Your Committee on Human Resources has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 675. Further action on HR 675 be delayed until the next meeting of your Committee on Human Resources. Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
Your Committee on Public Utilities has had under consideration the following

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resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 586. Do pass as amended. HR 621. Do pass.
Respectfully submitted, Senator Rrown of the 47th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 1364. Do pass. Respectfully submitted, Senator Sutton of the 9th District, Chairman
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1182. Do pass as amended. HB 1470. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 480. By Senator Holloway of the 12th:
A bill to implement certain constitutional powers granted to counties and municipalities to maintain and modify retirement or pension systems created by general laws of local application by population classification; to provide for a definition; to provide for home rule powers over certain population Acts in connection therewith.

TUESDAY, FEBRUARY 19, 1980

1717

SB 494. By Senators Hudgins of the 15th and Hudson of the 35th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a training program and stan dards for police chaplains.

SB 594. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act abolishing the fee system mode of compensating the clerk of the Superior Court and the judge of the Probate Court of Glynn County and placing said officers on an annual salary, as amended, so as to change the yearly cost-of-living increase.

SB 595. By Senator Wessels of the 2nd:
A bill to amend Code Section 56-522.1, relating to the filing by insurers of rates, rating plans, rating systems, and underwriting rules, as amended, so as to provide that workers' compensation insurers must file their rates, rating plans, rating systems, underwriting rules, and policy or bond forms used or proposed to be used by them.

SB 596. By Senator Kennedy of the 4th:
A bill to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977" so as to authorize inactive status licenses under certain cir cumstances; to provide for an extension of time for compliance with certain requirements; to provide for other matters relative to the foregoing.

SB 597. By Senator Walker of the 19th:
A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, as amended, so as to vest fee simple title of certain city streets and alleys in the City of Helena.

SR 341. By Senators Hudson of the 35th, Hudgins of the 15th, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide for the exemption of military retirement pay from the taxes imposed by the State income tax laws of this State; to provide for the submission of this amendment for ratification or rejection.

HB 42. By Representative Beck of the 148th:
A bill providing procedures for the return of mobile homes for taxation so as to provide a penalty for the failure to display a mobile home location decal; to amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code" so as to provide a penalty for the failure to display a mobile home location decal.

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HB 390. By Representative Snow of the 1st:
A bill to provide a civil procedure for the determination of paternity; to pro vide the jurisdiction of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who may bring such actions; to provide that the child shall be made a party to such actions.

HB 629. By Representative Phillips of the 120th:
A bill to amend an Act establishing a State Board for the Certification of Librarians so as to provide for renewal fees; to provide for duplicate cer tificates; to provide for duplicate certificate fees.

HB 708. By Representatives Buck of the 95th and Williamson of the 45th:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly installments, so as to change the legal rate of interest.

HB 906. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act" so as to change the limitations on finance charges.

HB 1038. By Representatives Gignilliat of the 122nd, Chance of the 129th and Battle of the 124th:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits.

HB 1135. By Representatives Culpepper of the 98th, Williamson of the 45th, Snow of the 1st and others:
A bill to amend Code Title 91 A, relating to public revenue, so as to provide for collection of debts owed to the state by set-off of such debts against in dividual income tax employee refunds.

HB 1209. 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 1260. By Representatives Evans of the 84th, Ross of the 76th, Childs of the 51st and others:
A bill to amend an Act known as the "Development Authorities Law", so as to change the definition of the word "project" to include certain skilled nur sing home and intermediate care home facilities.

TUESDAY, FEBRUARY 19, 1980

1719

HB 1283. By Representatives Mullinax of the 69th, Ramsey of the 3rd, McDonald of the 12th and others:
A bill to amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201 without complying with Code Section 68-201, so as to provide that any person, firm, or corporation renting, leasing, or loaning any motor vehicle described in Code Section 68-201 which is being used on public highway or street after March 1 of each year without complying with the provisions of that Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of $ 100.00 for each violation.

HB 1300. By Representatives Cox of the 141st, Mostiler of the 71st, Adams of the 36th and others:
A bill to amend an Act creating the Georgia Factory for the Blind, so as to provide that surplus funds accrued by the Factory shall not exceed the total sum of $350,000.00.

HB 1334. By Representatives Reaves of the 147th, Hasty of the 8th, Long of the 142nd and others:
A bill to require the use of certain equipment on irrigation systems in this state.

HB 1339. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Industrial Loan Act" , so as to change the penalty provisions; to provide for rectification of certain viola tions; to provide for limitations of certain remedies concerning contracts ex ecuted prior to a certain date.

HB 1340. By Representatives Hasty of the 8th, Rainey of the 135th, Peters of the 2nd and others:
A bill to amend Code Section 100-101, relating to the State Depository Board, so as to authorize the board to appoint as state depositories of state funds any building and loan association or federal or state savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation.

HB 1342. By Representatives Carnes and Greer of the 43rd, Johnston of the 56th and others:
A bill to prevent unfair business practices; to foster vigorous and healthy competition in the malt beverage industry, to promote and keep alive a sound and stable system of distribution of malt beverages to the public; to promote the public health, safety and welfare.

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JOURNAL OF THE SENATE,

HB 1373. By Representatives Johnson, Benefield, Lee and Wood of the 72nd and Nix of the 20th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to define the term "licensee"; to clarify certain exceptions; to change the requirements relating to licenses on inactive status; to provide that the Commission shall deposit fees it collects into the State treasury and to authorize the Commission to allow a non-State agency to collect all or a portion of an examination fee.

HB 1416. By Representative Knight of the 67th;
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to instructional media and maintenance and operation.

HB 1487. By Representatives Bishop of the 94th, Collins of the 144th, Hanner of the 130th and others:
A bill to amend an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards, so as to clarify legislative intent with respect to taxability within this state of in demnification paid pursuant to the Act.

HB 1494. By Representative Carnes of the 43rd:
A bill to authorize any judge of a municipal court of any municipality of the State of Georgia to expunge the criminal records of individuals under cer tain circumstances.

HB 1506. By Representatives Murphy of the 18th, Burruss of the 21st, Cooper of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas.

HB 1537. By Representatives Davis of the 99th, Williams of the 6th and Birdsong of the 103rd:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, so as to remove the restriction prohibiting the State Revenue Commissioner from distributing license plates for motor vehicles to any tax collector or tax commissioner.

HB 1554. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets, so as to provide for prohibition of unlawful acts and for disciplinary actions by the Commissioner of Agriculture with regard to activities regulated under said Act.

TUESDAY, FEBRUARY 19, 1980

1721

HB 1563. By Representative Murphy of the 18th:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to change the provisions relating to the length of vehicles and loads.

HB 1564. By Representatives Evans of the 84th, Jackson of the 77th and Ross of the 76th:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt paper stock intended to be used for certain purposes.

HB 1643. By Representative Clifton of the 121st:
A bill to amend an Act incorporating the City of Lyons, so as to provide for filling vacancies on the council.

HB 1672. By Representative Murphy of the 18th:
A bill to amend an Act authorizing the Secretary of State to employ a person or persons to compile the Acts and Resolutions of the General Assembly, so as to change the maximum amount to be paid to such person or persons.

HR 634. By Representative Ralston of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, "income" shall not include income received as retire ment, survivor, or disability benefits under the Federal Social Security Act.

HR 635. By Representative Ralston of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, "income" shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act.

HR 637. By Representatives Thomas and Johnson of the 66th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Carroll County.

HR 644. By Representative Chamberlin of the 73rd: A resolution proposing an amendment to the Constitution so as to change

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certain provisions relating to the homestead exemption for elderly persons from county taxes in Henry County.

HR 645. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from taxes in Henry County levied for school purposes.

HR 669. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxes allowed for elderly residents of the City of St. Marys; to provide income limitations.

The following local, uncontested bills and resolution of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 592. By Senator Russell of the 10th:
A bill to repeal an Act creating the Thomas County Higher Education Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1292. By Representatives Swann of the 90th, Cheeks of the 89th, Padgett of the 86th and others:
A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for biennial elections for purposes of selecting members of the Board of Education.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 19, 1980

1723

HB 1305. By Representative Marcus of the 26th:
A bill to amend an Act entitled "An Act to provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County".

The report 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 1411. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others: A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1412. By Representatives Daniel of the 88th, Padgett of the 86th, Cheeks of the 89th and others: A bill to amend an Act regulating public instruction in the County of Rich mond, so as to provide for an additional method of opening bids to allow the bids to be opened on dates prior to Board meetings if opened in the office of the Superintendent or his designee, with at least one Board member present and after notification to the affected bidders.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 1496. By Representatives Moore of the 152nd, Branch of the 137th and Smith of the 152nd:
A bill to provide for the election of the school superintendent of Coffee 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 1632. By Representative Dixon of the 151st:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to provide for the method of filling vacancies on said Board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1636. By Representative Irvin of the 10th:
A bill to create and establish a Small Claims Court in and for Stephens County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 338. By Senator Russell of the 10th:
A resolution to repeal Resolution Act No. 17 (Senate Resolution 10) adopted at the 1979 sessicfn of the General Assembly which proposed an amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a public authority for Thomas County to provide certain educational facilities within said county.

TUESDAY, FEBRUARY 19, 1980

1725

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, the yeas were 48, 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Fincher of 52nd Foster Gillis Greene Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Tate Thompson Timmons Turner Tysinger Walker Wessels

Not answering were Senators

Evans Fincher of 54th Hill

Langford Riley Stumbaugh

Summers (hospitalized) Sutton

Senator Lester of the 23rd introduced the chaplain of the day, Reverend Elvin McDonald, pastor of Burns Memorial United Methodist Church, Augusta, Georgia, who offered Scripture reading and prayer.

The following resolutions of the Senate were read and adopted:
SR 354. By Senators Holloway of the 12th, Riley of the 1st, Eldridge of the 7th and others: A resolution expressing regrets at the passing of Mrs. Margaret Beasley Broun.

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SR 360. By Senator Sutton of the 9th:
A resolution designating Tuesday, February 19, 1980, as Georgia Agrirama Day.

SR 361. By Senators Barker of the 18th, Land of the 16th, Horton of the 17th and others:
A resolution commending the Warner Robins High School Distributive Education Program.

The following resolution of the Senate was read and put upon its adoption:

SR 357. By Senators Bell of the 5th, Ballard of the 45th, Eldridge of the 7th and others:
A resolution relative to a pay raise for state employees, teachers, regents' personnel, and school bus drivers.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brown of 47th Bryant Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Hill Holloway Horton Hudgins Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds

Riley Robinsort Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brantley Broun of 46th Carter Evans

Greene Howard Hudson Land Langford

Littlefield Russell Summers Timmons

On the adoption of the resolution, the yeas were 41, nays 0.

TUESDAY, FEBRUARY 19, 1980

1727

The resolution, having received the requisite constitutional majority, was adopted.

SPECIAL ORDER OF BUSINESS:
HR 675. To Override Certain Regulations of the State Health Planning and Development Agency Relating to Certificates of Need (Hum R-25th).

SENATE RULES CALENDAR Tuesday, February 19, 1980 THIRTY-FIRST LEGISLATIVE DAY

SB 579. Juvenile Court Code--probation officers (AMENDMENT) (App--40th)
SB 553. George L. Smith II World Congress Center--employ security guards (IL&Tou--35th)
SB 587. Capitol Hill Parking--deduction from salaries (Gov Op-- 12th)
SB 580. County Juvenile Detention Centers--transfer to Department of Human Resources on certain date (SUBSTITUTE) (Hum R--40th)
SB 428. State Employee--may be employed by Public Service Commission certain conditions (Gov Op--47th)
SB 450. Residents in Long-Term Care Facilities--provide protections (SUBSTITUTE/AMENDMENT) (Hum R--42nd)
SB 541. Hospitals--reporting physical injury other than accidental (Hum R-26th)
SB 456. Long-Term Care Residents' Bill of Rights-create (SUBSTITUTE) (Hum R--35th)
SB 562. Deer Hunting--change bag limits (SUBSTITUTE) (NREQ- 16th)
SB 508. Blasting, Excavating in Vicinity of Underground Gas Pipes--define "gas" (IL&Tou--41st)
SB 353. Employees' Retirement--military service credit those in Vietnam (SUBSTITUTE/AMENDMENT) (Ret-27th)
SB 534. Selling Alcoholic Beverages to Minors--provide for damages against certain persons (SUBSTITUTE) (S Judy--32 nd)
SR 331. Senate Music Recording Industry Study Committee--create (Rules--26th)
HB 1455. Bank Holding Company--acquisition of bank shares and assets (AMENDMENT) (BF&I--22nd)
HB 1108. Motor Common Carriers--Public Service Commission delegate its authority certain circumstances (SUBSTITUTE) (Pub U--47th)

1728

JOURNAL OF THE SENATE,

HB 1423. Medical Practitioners--provisional license renewal (AMENDMENT) (Hum R--26th)
HB 1407. Election Code--additional powers and duties for Secretary of State (Gov Op-25th)
HB 1147. Juvenile Court Code--notifying District Attorney when certain children in custody (SUBSTITUTE) (Judy-6th)
HB 1099. Medical Assistance Act--time limitations on claims (Hum R--42nd) HB 1100. State Court Judges--serve as judges of other state courts (Judy--2nd) HB 1471. Tax Collectors and Commissioners--computing minimum salaries
(CA-G-llth) HB 1349. Lake Lanier Islands Development Authority--membership (Gov
Op--49th)
HB 1146. Court of Inquiry--dismissing certain charges and conviction of offense (SUBSTITUTE) (Judy--44th)
HB 1430. Rome Judicial Circuit Superior Court--additional judge (Judy--49th)
HB 957. Deputy Sheriff--take oaths before sheriff (Judy--6th)
HB 748. Ports Authority--investigators have powers of arrest and law enforcement (AMENDMENT) (Trns--2nd)
HB 1473. Sheriffs--change method of computing minimum salaries (CA-G-llth)
HB 1212. Employment Security Law--decrease in weekly benefits (SUBSTITUTE) (IL&Tou-29th)
HB 1392. Board of Tax Assessors--number of signatures for removal (Gov Op--25th)
HB 1150. Criminal Proceedings--taking and use of depositions (SUBSTITUTE) (Judy--6th)
HR 449. Joel Nathaniel Morgan National Guard Armory--designating (SUBSTITUTE) (D&VA-35th)
HR 483. Juvenile Court Cases--venue determined by reference to Juvenile Court Code (Judy--44th)

HR 542. Tift County--conveyance of certain State-owned real property (Pub U-9th)
SB 86. Extraordinary Life-Sustaining Procedures--discontinue certain persons (AMENDMENTS) (Hum R-51st)
SB 507. Workers' Compensation--certain self-insurers not post bond evidencing security (IL&Tou--41st)

TUESDAY, FEBRUARY f9, 1980

1729

HB 50. Employees' Retirement--credit for service as county employee (SUBSTITUTE) (Ret-43rd)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The President announced that the Special Order of Business (HR 675--pertaining to the overriding of certain regulations of the State Health Planning and Development Agency relating to Certificates of Need) would be acted upon after HB1407 on today's Rules Calendar.
The following bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 553. By Senators Hudson of the 35th, Riley of the 1st, Thompson of the 32nd and others: A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, as amended, so as to provide for the employment of securi ty guards at the George L. Smith II Georgia World Congress Center.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

1730

JOURNAL OF THE SENATE,

Those not voting.were Senators:

Carter
Evans Greene

Land
Langford Littlefield

On the passage of the bill, the yeas were 47, nays 0.

Russell Summers

The bill, having received the requisite constitutional majority, was passed.

SB 587. By Senator Holloway of the 12th:
A bill to authorize the various departments, agencies, authorities, and com missions of the state to deduct from the salaries and wages of state employees amounts for the payment of Capitol Hill parking and van pool fees; to provide that such deductions be on a voluntary basis.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant
Cobb Coverdell Dean English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudson Johnson Kennedy
Kidd Land Lester McGill Overby

Those not voting were Senators:

Carter Eldridge Hill

Hudgins Langford Littlefield

On the passage of the bill, the yeas were 46, nays 0.

Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels
Russell Summers Timmons

TUESDAY, FEBRUARY 19, 1980

1731

The bill, having received the requisite constitutional majority, was passed.

SB 580. By Senators Coverdell of the 40th, Riley of the 1st, Holloway of the 12th and others:
A bill to amend an Act known as the "Children and Youth Act", as amend ed, so as to provide that county juvenile detention centers shall be transfer red to the Department of Human Resources, Division of Family and Children Services, on a certain date and shall be operated as facilities of said Department and Division after said date.

The Senate Committee on Human Resources offered the following substitute to SB 580:
A BILL
To be entitled an Act to amend an Act known as the "Children and Youth Act," approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, so as to provide that county juvenile detention centers shall be transferred to the Department of Human Resources, Division of Youth Services, on a cer tain date and shall be operated as facilities of said Department and Division after said date; to authorize appropriations to reimburse counties for the ex penses incurred in operating said facilities pending such transfer; to amend Code Section 24A-603, relating to the appointment of personnel by the judge of the juvenile court, so as to delete the provision for the appointment of employees of detention centers; to provide effective dates; 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 "Children and Youth Act," approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, is hereby amended by adding at the end of Section 13 a new subsection (n) to read as follows:
"(n) Effective July 1, 1981, all juvenile detention facilities operated by counties shall be transferred to the control and jurisdiction of the Department of Human Resources, Division of Youth Services, and, thereafter, shall be operated as facilities of said Department and Divi sion. Until such time as county juvenile detention centers are transferred to the Department and Division, as provided herein, the General Assembly may appropriate funds to the Department of Human Resources, Division of Youth Services, to reimburse or partially reim burse counties for the cost incurred by such counties in operating such facilities."
Section 2. Code Section 24A-603, relative to the appointment of per sonnel by the judge of the juvenile court, is hereby amended by striking from the first sentence of said section the following:
", employees of the detention home,"

1732

JOURNAL OF THE SENATE,
so that when so amended Code Section 24A-603 shall read as follows:
"24A-603. Personnel. The judge of the juvenile court shall have the authority to appoint clerks, and any other personnel necessary for the ex ecution of the purposes of this Title, and their compensation shall be fix ed by the judge, with the approval of the governing authority of the coun ty. The salaries of said employees shall be paid out of county funds. All appointments shall be made from eligible lists secured from the local merit board in those counties where such boards exists or from lists established by competitive examinations conducted by the court. Their appointment, salary, tenure and all other conditions of their employment shall be in accordance with the laws and regulations governing the merit system under which operated or such rules and regulations established by the court. All personnel now employed shall be retained at the discretion of the judge. Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing."
Section 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 2 of this Act shall be effective on July 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hudgins of the 15th offered the following amendment:

Amend the substitute to SB 580 offered by the Senate Committee on Human Resources by changing the period to a semicolon on Page 2, line 5 and by adding the following:
"provided, however, that this Act shall not become effective unless those counties which maintain their own juvenile probation systems, in cluding Fulton, Chatham and DeKalb counties, transfer and deed to the State of Georgia the real and personal property which comprises the of fices, facilities and equipment of such probation systems."

On the adoption of the amendment, the yeas were 39, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 1, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Voting in the negative was Senator Stephens.

Not voting were Senators Greene and Summers.

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

1733

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 359. By Senators Robinson of the 27th, Kidd of the 25th, Thompson of the 32nd and others:
A resolution recognizing and introducing Mr. William Alexander "Bill" Curry, Head Football Coach at Georgia Institute of Technology.

Senator Robinson of the 27th introduced Hugh Carter, Jr., who introduced Coach Bill Curry, Bobby Dodd and others, and Coach Curry briefly addressed the Senate.

The following resolutions of the Senate were read and adopted:

SR 312. By Senators Gillis of the 20th and English of the 21st:
A resolution commending Herschel Walker for his remarkable high school athletic career.

1734

JOURNAL OF THE SENATE,

SR 313. By Senators Gillis of the 20th and English of the 21st:
A resolution commending the Johnson County High School Trojans for win ning the GHSA Class A State Football Championship and inviting said team to appear before the Senate.

Senator Gillis of the 20th introduced the Johnson County High School Trojan Foot ball Team and coaches and Herschel Walker.

The following general bills and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 428. By Senator Brown of the 47th:
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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Brown of 47th Bryant Cobb Coverdell Dean Eldridge Evans Fincher of 52nd Fincher of 54th Foster

Greene Hill Horton Howard
Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Russell
Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Broun of 46th Carter

English Gillis Holloway

Littlefield Summers Timmons

TUESDAY, FEBRUARY 19, 1980 On the passage of the bill, the yeas were 46, nays 0.

1735

The bill, having received the requisite constitutional majority, was passed.

SB 541. By Senator Greene of the 26th:
A bill to amend Code Chapter 88-19, relating to regulations of hospital and related institutions, as amended, so as to provide for the reporting of in cidents of physical injury or injuries by other than accidental means by cer tain personnel employed in certain medical facilities.

The report of committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant
Cobb Coverdell Dean Eldridge Fincher of 52nd Foster

Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd
Land Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate
Thompson Turner Tysinger Walker Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Carter English Fincher of 54th

Hudgins Littlefield

Summers Timmons

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

1736

JOURNAL OF THE SENATE,

Senator Evans of the 37th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 541.

SB 456. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to create and establish a long-term care Resident's Bill of Rights, to provide for legislative intent; to provide for definitions; to provide for responsibilities of long-term care facilities; to provide for penalties; to pro vide for an effective date.

The Senate Committee on Human Resources offered the following substitute to SB 456:
A BILL
To be entitled an Act to create and establish a long-term care Residents' Bill of Rights; to provide for legislative intent; to provide for definitions; to provide for responsibilities of long-term care facilities; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Legislative intent. It is the intent of this legislation to declare for residents of long-term care facilities a bill of rights to guarantee that their basic human rights and dignities are respected at all times.
It is the further intent of the General Assembly that this Act shall com plement and not duplicate or substitute for other survey and inspection pro grams regarding long-term care facilities.
Section 2. Definitions. As used herein, specific terms shall have the meanings shown below:
(1) "Department" means the Department of Human Resources.
(2) "Long-term care facility" means any intermediate care home, skilled nursing home, or personal care home licensed and regulated by the Department of Human Resources.
(3) "Resident" means any person under care in a long-term care facility.
Section 3. Long-term care facility Residents' Bill of Rights. The rights of residents of a long-term care facility shall include, but are not limited to the following:
(1) The right to be fully informed of all resident rights and all facili ty rules governing resident conduct and responsibilities.
(2) The right to be informed regarding services available in the facility and the charges therefor, including any charges not covered under a third-party-payment contract.

TUESDAY, FEBRUARY 19, 1980

1737

(3) The right to be considered for admission, and to be discharged or transferred, on a fair and equal basis without regard to source of pay ment.
(4) The right to be informed of his medical condition, of proposed treatments, and of alternative modes of treatment; to participate in deci sion making regarding his medical treatment; to refuse treatment unless any of the above are medically contraindicated; and to refuse participa tion in any experiment.
(5) The right to choose primary care providers and to choose and secure other health care services or items available from sources other than the facility.
(6) The right not to be transferred or discharged involuntarily from the facility without notice and due cause.
(7) The right to be free from both mental and physical abuse and from both unreasonable chemical and physical restraints.
(8) The right to be treated with respect and dignity and assured com plete privacy during treatment and when receiving personal care.
(9) The right to be free from the duty to perform services for the facility.
(10) The right to meet with, and participate in, activities of social, religious, and community groups at his discretion; to communicate privately (in writing or otherwise) with persons of .his choice; to receive and communicate with visitors; and to initiate, refuse, or terminate a visit at any time.
(11) The right to exercise rights as a citizen and to voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination, or reprisal.
(12) The right either to manage personal finances or be given a quarterly report of account if the facility has been delegated by the resi dent or his guardian in writing to carry out this responsibility.
(13) The right to retain and use personal clothing and possessions (to the extent that space permits and that exercise of this right does not in fringe upon the rights of other residents).
(14) The rights of privacy for married residents.
(15) The right to receive confidential treatment of residents' per sonal and medical records. Residents may approve or refuse their release or disclosure to any one outside the facility, except in cases of their transfer to another health care facility or as required by law or thirdparty-payment contract.
Section 4. Responsibilities of long-term care facilities, (a) Each facility shall:

1738

JOURNAL OF THE SENATE,

(1) Establish written policies regarding residents' rights and the proper exercise of their rights.
(2) Develop and adhere to procedures for implementing such policies.
(3) Make such policies and procedures available in written form to the public, residents of the facility, guardians of such residents, and to any relative or other person serving as a representative payee of a resi dent of the facility at no charge.
(4) Provide appropriate training to the staff of the facility in the understanding and implementation of such policies and procedures.
(b) A long-term care facility's policies and procedures developed pur suant to subsection (a) must assure that, with respect to the right of a resi dent to be informed of his rights, the facility shall inform each resident and his guardian, if one has been appointed, before or at the time of admission and periodically during his stay, of such rights, in a manner which is understandable to him; shall secure from him written acknowledgments that he has been so informed; and shall inform each resident and his guar dian, if one has been appointed, as to any change in the policies and pro cedures of the facility.
Section 5. Sanctions, (a) Any individual who is aggrieved because a long-term care facility has violated or failed to assure, in the case of such in dividual, any of the resident's rights required to be assured in this chapter shall have a cause of action against such facility for damages and such other relief as the court deems proper.
(b) Nothing in this section shall be construed to preempt any other law or to deny to any individual any rights or remedies (administrative or other wise) which are provided by or under any other law.
Section 6. Effective date. This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The 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:

TUESDAY, FEBRUARY 19, 1980

1739

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dean Eldridge Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester McGill Overby Paulk

Those not voting were Senators:

Carter English

Johnson Littlefield

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels
Summers

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 562. By Senator Land of the 16th:
A bill to amend Code Section 45-513, relating to hunting seasons and bag limits, so as to change the bag limits on deer.

Senator Land of the 16th offered the following substitute to SB 562:
A BILL
To be entitled an Act to amend Code Section 45-513, relating to hunting seasons and bag limits, so as to change the bag limits on deer; 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 45-513, relating to hunting seasons and bag limits, is hereby amended by striking in its entirety subsection (b) thereof and substituting in lieu thereof a new subsection (b) of Code Section 45-513 to read as follows:

1740

JOURNAL OF THE SENATE,

"(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or por tions thereof, and in such number not to exceed the following numbers, as may be designated by the Board as open seasons and bag limits for such species.

(1) Quail (2) Grouse (3) Turkey
gobblers (4) Deer (5) Bobcat (6) Oppossum
(7) Rabbit (8) Raccoon
(9) Squirrel (10) Fox

Nov. 19-Feb. 29
Oct. 15-Feb. 29
March 15 - May 5
Sept. 15-Jan. 15
Oct. 15-Feb. 29
(A) Oct. 15Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks Franklin and Hart; and (B)Jan. 1Dec. 31 for the remainder of the State
Nov. 19-Feb. 29
(A) Oct. 15Feb. 29,for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln; and (B)Jan. 1Dec. 31 for the remainder of the State Sept. 15-Feb. 29
Jan. 1 -Dec. 31

Daily Season 12 No
limit No limit
No No limit limit

No No limit limit
10 No limit No limit

No No limit limit

10
No limit

No limit
No limit

TUESDAY, FEBRUARY 19, 1980

(11) Migratory game birds
(12) Bear

Sept. 1 - March 10 Sept. 15-Jan. 15

1741
No No limit limit

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 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Not voting were Senators Carter, Langford and Summers.

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitite.

1742

JOURNAL OF THE SENATE,

SB 508. By Senator Tysinger of the 41st:
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, as amended, so as to change the definition of the term "gas".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Johnson Kennedy Kidd Lester Littlefield McGill

Overby Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate 'Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Paulk and Sutton.

Not voting were Senators:
Hudson Land

Langford

Summers

On the passage of the bill, the yeas were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

TUESDAY, FEBRUARY 19, 1980

1743

SB 353. By Senators Robinson of the 27th and Hudson of the 35th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide military service credit to persons who were on active duty in the armed forces of the United States during the period of the Vietnam Conflict; to provide for contributions.

The following fiscal notes, as required by law, were read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1980

SUBJECT: Fiscal Note - Senate Bill 353 Employees' Retirement System

This Bill would allow members to receive up to a maximum of five years prior service credit for active duty service in the armed forces of the United States during the period of the Vietnam Conflict (August 5, 1964 through May 7, 1975). To claim such prior service credit the member must pay the regular employee contribution of five % (on the compensation last received before entering the military or initially received as an employee after return ing from military service) plus 4 '/z% interest compounded annually to the date of payment.

The exact fiscal impact of this Bill cannot be determined since the number of members that would apply for such credit cannot be predicted. Based on the average age and projected compensation of members in the eligible age group and assuming these members pay the required contribu tions and interest and retire when eligible for projection of benefits to age 65, the average unfunded liability created at retirement (in approximately 26 years) by each year of service granted by this bill would be approximate ly $ 18,000 (which has a current present value of approximately $5,700).

It should be noted that this Bill refers to the regular employee contribu tion as five %; however, the regular employee contribution for a majority of the system's members is three % of the first $350.00 of monthly salary and five % of the remaining monthly salary.

Is/ William M. Nixon State Auditor

// C. T. Stevens, Director Office of Planning and Budget

1744

JOURNAL OF THE SENATE,

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 13, 1980

SUBJECT: Fiscal Note - Committee Substitute to Senate Bill 353 Employees' Retirement System

The substitute version of this Bill would allow members to receive up to a maximum of five years prior service credit for active duty combat service in the armed forces of the United States during the period of the Vietnam Conflict (August 5, 1964 through May 7, 1975). To claim such prior service credit the member must pay the regular employee contribution of five % (on the compensation last received before entering the military or initially received as an employee after returning from military service) plus five% in terest compounded annually to the date of payment. Members would be re quired to purchase the service within two years after July 1, 1980 or within two years after joining the System and members entering the System after July 1, 1990 would not be eligible to purchase such credit.

The exact fiscal impact of this Bill cannot be determined since the number of members that would apply for such credit cannot be predicted. Based on the average age and projected compensation of members in the eligible age group and assuming these members pay the required contribu tions and interest and retire wehen eligible for projection of benefits to age 65, the average unfunded liability created at retirement (in approximately 26 years) by each year of service granted by this bill would be approximate ly $17,750 (which has a current present value of approximately $5,650).

It should be noted that this Bill refers to the regular employee contribu tion as five %; however, the regular employee contribution for a majority of the system's members is three % of the first $350.00 of monthly salary and five % of the remaining monthly salary.

/s/ William M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 353:

A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949,

TUESDAY, FEBRUARY 19, 1980

1745

p. 138), as amended, so as to provide military service credit to person who were in combat in the armed forces of the United States during the period of the Vietnam Conflict: to provide for contributions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of subsection (4) of Section 4 a new paragraph to read as follows:
"Anything in this Act to the contrary notwithstanding, any member who was in combat in the armed forces of the United States during the period of the Vietnam Conflict, as determined by the person's DD Form 214, may purchase military service credit for such period of combat on the basis of one year of such military service equals one year of credit up to a maximum of five years, provided such member shall pay the regular employee contribution of 5 percent on the compensation last paid to him as an employee before entering military service or 5 percent on the com pensation first paid to him as an employee after returning from military service plus 5 percent interest on said employee contributions, com pounded annually to date of payment. Such interest shall begin ac cumulating on the date such person enters the retirement system or, in the case of a person who was already a member of the retirement system, on the date such person becomes reemployed with the State after such military service. For the purposes of this Act, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 5, 1975. No combat service in the armed forces shall be deemed as creditable under any provisions of this paragraph if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program. Any per son who is a member of the retirement system on July 1, 1980, shall have until July 1, 1982, to purchase the creditable service provided for in this paragraph. Any person who becomes a member of the retirement system after July 1, 1980, shall have two years from the date of said entry to pur chase such creditable service; provided, however, that no person who enters the retirement system after January 1, 1990, shall be allowed to purchase the creditable service provided for in this paragraph.",
so that when so amended subsection (4) of Section 4 shall read as follows:
"(4) Anything in this Act to the contrary notwithstanding, any member, if otherwise eligible for prior service credits, who, prior to January 1, 1954, served on active duty in the armed forces of the United States, shall be entitled to credit for such active duty service, exclusive of reserve service, and not to exceed the limitations as elsewhere provided for in this Act, provided no service in the armed forces shall be deemed as creditable under any provisions of this Act if such service has or will be used in the determination of any member's eligibiltiy for retirement benefits or allowances from any other State or federal retirement pro gram, excluding Social Security and those retirement program covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended, with the further provision that this Act

1746

JOURNAL OF THE SENATE,

will not be prejudicial to any determination of creditable service made prior to the passage of this Act. It is not the intent of this subsection to authorize creditable service to any member who retired from active duty in the armed forces with a benefit or allowance, unless his benefit or allowance was entirely by reason of injury or diability, and who, without such injury or disability, could not have otherwise qualified for a benefit or allowance.
Anything in this Act to the contrary notwithstanding, any member who was in combat in the armed forces of the United States during the period of the Vietnam Conflict, as determined by the person's DD Form 214, may purchase military service credit for such period of combat on the basis of one year of such military service equals one year of credit up to a maximum of five years, provided such member shall pay the regular employee contribution of 5 percent on the compensation last paid to him as an employee before entering military service or 5 percent on the com pensation first paid to him as an employee after returning from military service, plus 5 percent interest on said employee contributions, com pounded annually to date of payment. Such interest shall begin ac cumulating on the date such person enters the retirement system or, in the case of a person who was already a member of the retirement system, on the date such person becomes reemployed with the State after such military service. For the purposes of this Act, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975. No combat service in the armed forces shall be deemed as creditable under any provisions of this paragraph if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program. Any per son who is a member of the retirement system on July 1, 1980, shall have until July 1, 1982, to purchase the creditable service provided for in this paragraph. Any person who becomes a member of the retirement system after July 1, 1980, shall have two years from the date of said entry to pur chase such creditable service; provided, however, that no person who enters the retirement system after January 1, 1990, shall be allowed to purchase the creditable service provided for in this paragraph."
Section 2. This Act shall become effective July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Sutton of the 9th offered the following amendment:
Amend the substitute to SB 353 offered by the Senate Committee on Retirement as follows:
By adding on Page 1, Section 1, line 18 and on Page 3, line 20 im mediately following the comma the following:
"and was stationed in the Indochina theater,"
Senator Sutton of the 9th asked unanimous consent to withdraw the amendment; the consent was granted.

TUESDAY, FEBRUARY 19, 1980

1747

On the adoption of the substitute, the yeas were 41, 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 Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Gillis Holloway (presiding)

Summers

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by subs:tHittulltfee.

SB 534. By Senators Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Chapter 105-12, relating to indirect injuries to per sons, as amended, so as to provide for damages against certain persons who sell or furnish beer, wine, or alcoholic beverages to minors; to provide for conditions.

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JOURNAL OF THE SENATE,

The Senate Committee on Special Judiciary offered the following substitute to SB 534:
A BILL
To be entitled an Act to amend Code Chapter 105-12, relating to in direct injuries to persons, as amended, so as to provide for damages against certain persons who sell or furnish beer, wine, or alcoholic beverages to any person in violation of any law of this State which prohibits the sale of beer, wine, or other alcoholic beverages to certain persons on account of their age; to provide for conditions; to provide an effective date; to repeal conflic ting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 105-12, relating to indirect injuries to per sons, as amended, is hereby amended by inserting after Section 105-1205, relating to parents' right of action against persons who furnish alcoholic beverages to a minor child, a new Section 105-1205.1 to read as follows:
"105-1205.1 Injured party's right of action against person fur nishing alcoholic beverages to minors, (a) A person shall be liable for damages caused to an injured party if such person or his agent or employee sells or otherwise furnishes any beer, wine, or other alcoholic beverage to any person in violation of any law of this State which pro hibits the sale of beer, wine, or other alcoholic beverages to certain per sons on account of their age and, as a result of intoxication cause by the beer, wine, or other alcoholic beverage, the minor injures the person or property of another.
(b) A person liable for damages under this Section shall be liable for general, special, and punitive damages.
(c) No person shall be liable for damages under this Section if the per son unlawfully selling or otherwise furnishing the beer, wine, or other alcoholic beverage to such person was unaware of the person's age."
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 offered the following amendment:

Amend the substitute to SB 534 offered by the Senate Committee on Special Judiciary by adding at the end of Section 1 on line 8 of Page 2, im mediately following the word "age", the following:
"and, if applying standards of ordinary care, said person would not reasonably have been under a duty to inquire or investigate into the per son's age".

TUESDAY, FEBRUARY 19, 1980 Senator Hudson of the 35th offered the following amendment:

1749

Amend the substitute to SB 534 offerd by the Senate Committee on Special Judiciary by striking on Page 1, line 21 the word "otherwise" and inserting in lieu thereof the word "knowingly";
and by adding on Page 1, line 25, after the word "a" and before the word "result", the word "direct";
and by striking on Page 1, line 26, the words "the beer" and inserting in lieu thereof the words "such beer".
Senator Scott of the 43rd moved that SB 534 be postponed until Tuesday, February 26.

Senator Hill of the 29th moved that SB 534 be placed on the Table.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, ruled that the motion to table takes precedence.

On the motion of Senator Hill of the 29th, the yeas were 39, nays 2; the motion prevailed, and SB 534 was placed on the Table.

The President resumed the Chair.

SR 331. By Senators Greene of the 26th, Evans of the 37th and Riley of the 1st:
A resolution creating the Senate Music Recording Industry Study Commit tee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Greene Hill Holloway Horton

1750
Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill

JOURNAL OF THE SENATE,
Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

Sutton Tate Thompson
Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Gillis Hudgins

Johnson

Summers

On the adoption of the resolution, the yeas were 50, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill of the House, having been read the third time on February 13 and lost, and reconsidered on February 15, was put upon its passage:

HB 1455. By Representatives Johnson of the 74th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Code Section 13-207.1, relating to bank holding companies, so as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger.
Senate Sponsor: Senator Allgood of the 22nd.

Senator Gillis of the 20th offered the following amendment:
Amend HB 1455 by renumbering Section 2 as Section 3 and adding a new section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1982."
On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1980

1751

Those voting in the affirmative were Senators:

Ballard Bryant Carter Cobb English Fincher of 52nd Fincher of 54th

Foster Gillis Hudson Kennedy McGill Overby

Those voting in the negative were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean Eldridge Evans

Greene Hill Horton Howard Hudgins Johnson Kidd Land Langford Lester Littlefield

Paulk Starr Sutton Timmons Turner Walker
Reynolds Riley Robinson Russell Scott Stephens Stumbaugh Tare Thompson Tysinger Wessels

Not voting were Senators Holloway and Summers.

On the adoption of the amendment, the yeas were 19, nays 34, and the amendment was lost.

Senator Horton of the 17th offered the following amendment:
Amend HB 1455 by adding on Page 1, line 5 after the word and semicolon "merger;" the following:
"to amend Code Section 13-203, relating to branch banks, as amend ed, so as to provide for the acquisition of bank shares and assets by a bank by means of a merger, consolidation, or sale of assets;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. Code Section 13-203, relating to branch banks, as amended, is hereby amended by adding a new paragraph (4) at the end of subsection (c) of said Code section to read as follows:
'(4) A branch bank may be established through merger, consolida tion, or sale of assets pursuant to the provisions of Code Chapter 41A-24,

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JOURNAL OF THE SENATE,
41A-25, or 41A-26 of the Financial Institutions Code of Georgia with the approval of the Commissioner of Banking and Finance in accordance with the criteria established in Code Section 13-207 for the acquisition of banks by bank holding companies.' "

Senator Horton of the 17th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Horton of the 17th was withdrawn.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Brantley Broun of 46th Coverdell Eldridge Evans Fincher of 54th Greene

Howard Hudgins Hudson Johnson Kidd Land Langford Lester Littlefield Riley

Robinson Russell Scott Stephens Stumbaugh Sutton Tate Thompson Tysinger Wessels

Those voting in the negative were Senators:

Ballard Barker Brown of 47th Bryant Carter Cobb Dean English

Fincher of 52nd Foster Gillis Hill Holloway Horton Kennedy McGill

Overby Paulk Reynolds Starr Timmons Turner Walker

Not voting was Senator Summers.

On the passage of the bill, the yeas were 31, nays 23. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 19, 1980

1753

The President announced the Senate would stand in recess from 1:10 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 bill of the House was taken up for the purpose of considering the House action thereon:

HB 1302. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles, so as to provide for handicapped parking; to provide for a short title; to define terms; to provide for a system of handicapped parking permits to be ad ministered by the Department of Public Safety.

Senator Greene of the 26th moved that the Senate insist upon the Senate amend ment to HB 1302.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard
Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb

Coverdell Dean
Fincherof52nd Foster Greene Hill Hudson Kennedy Kidd Lester Overby

Voting in the negative was Senator Paulk.

Reynolds Riley
Scott Starr Stephens Sutton Tate Thompson Turner Tysinger Wessels

Those not voting were Senators:

Broun of 46th Eldridge English Evans Fincher of 54th Gillis
Holloway

Horton Howard Hudgins Johnson Land Langford
Littlefield

McGill Robinson Russell Stumbaugh Summers Timmons
Walker

1754

JOURNAL OF THE SENATE,

On the motion, the yeas were 33, nays 1; the motion prevailed, and the Senate in sisted upon the Senate amendment toHB 1302.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage.

HB 1108. By Representative Greer of the 43rd:
A bill to amend Code Chapter 68-6, relating to motor common carriers, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances.
Senate Sponsor: Senator Brown of the 47th.
The Senate Committee on Public Utilities offered the following substitute to HB 1108:
A BILL
To be entitled an Act to amend Code Chapter 68-6, relating to motor common carriers, as amended, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances; to pro vide for appeals to the commission; to provide for and require the collection of certain application fees; to provide for an effective date; to repeal conflic ting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 68-6, relating to motor common carriers, as amended, is hereby amended by adding between Code Sections 68-613 and 68-614, a new Code section, to be designated Code Section 68-613.1, to read as follows:
"68-613.1. Delegation of authority; appeals. In any case pending before the commission pursuant to the provisions of this Code chapter, the commission shall be authorized to delegate any of its authority under this Code chapter to designated employees of the commission and deci sions of the commission; provided, however, that any party to a pro ceeding aggrieved by a final decision of an employee of the commission shall have the right of appeal to the commission. The appeal shall be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal unless the par ty whose case is pending before the commission requests in writing that the commissioner itself hear the case."
Section 2. Said Code chapter is further amended by striking Code Sec tion 68-622 in its entirety and inserting in lieu thereof a new Code Section 68-622 to read as follows:

TUESDAY, FEBRUARY 19, 1980

1755

"68-622. Same; fees for issuance of, amendment to, or transfer. The commission shall collect the following fees pursuant to this chapter:
(a) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity or amendment to an exisiting cer tificate where applicant owns or operates less than six motor vehicles;
(b) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing cer tificate where applicant owns or operates six to 15 motor vehicles;
(c) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing cer tificate where applicant owns or operates over 15 motor vehicles;
(d) A fee of $75.00 to accompany each application for transfer of a certificate;
(e) A fee of $50.00 to accompany each application for intrastate emergency temporary authority."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The 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 Barnes Bell Bond Brantley Brown of 47th Bryant Carter Dean Eldridge Evans Fincher of 52nd

Fincher of 54th Foster Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Langford Lester

Littlef ield McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton

1756

JOURNAL OF THE SENATE,

Tate Thompson

Turner Ty singer

Those not voting were Senators:

Barker
Broun of 46th
Cobb Coverdell

English
Gillis
Horton Johnson

Wessels
Summers Timmons Walker

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 1423. By Representatives Thomas of the 66th, Murphy of the 18th, Gammage of the 17th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to provide that provisional licenses may be renewed annually without limitation in the case of applicants who held valid provisional licenses on April 16, 1979.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Human Resources offered the following amendment:
Amend HB 1423 by striking from Page 1, line 3 the following:
"April 16, 1979 (Ga. Laws 1979, p. 1023), so as",
and inserting in lieu thereof the following:
"March 31, 1972 (Ga. Laws 1972, p. 673) and an Act approved April 16, 1979 (Ga. Laws 1979, p. 1023), so as to provide conditions under which the licensed practice of midwifery or nursing shall not con stitute the practice of medicine;".
By adding between lines 9 and 10 of Page 1 the following: "Section 1. Code Chapter 84-9, relating to medical practitioners, as
amended, practicularly by an Act approved March 31, 1972 (Ga. Laws 1972, p. 673), is hereby amended by striking paragraph (8) of subsection (b) of Section 84-906 thereof, which reads as follows:
'(8) the licensed practice of midwifery or nursing;',

TUESDAY, FEBRUARY 19, 1980

1757

and inserting in lieu thereof the following:
'(8) The licensed practice of midwifery or nursing; provided, however, that, for the purpose of this section, the licensed practice of nur sing or midwifery shall not be deemed to include the administration of medications or medical treatments unless said medications and medical treatments are prescribed by and administered under the direct personal supervision of an appropriate licensed health professional. "Direct per sonal supervision" shall mean daily consultation with an appropriate licensed health professional who has reviewed the patient's condition on a daily basis. "An appropriate licensed health professional" shall mean: (a) a physician or osteopath licensed in accordance with the provisions of this chapter; (b) a dentist licensed in accordance with the provisions of Chapter 84-7; or (c) a podiatrist licensed in accordance with the provi sions of Chapter 84-6; so long as the nurse or midwife reasonably believes such health professional to be acting within the scope of his or her license;' ".
By striking from line 10 of Page 1 the following:
"Section 1",
and inserting in lieu thereof the following:
"Section 2".
By striking from line 7 of Page 3 the following:
"Section 2",
and inserting in lieu thereof the following:
"Section 3".
By striking from line 10 of Page 3 the following:
"Section 3",
and inserting in lieu thereof the following:
"Section 4".

On the adoption of the amendment, the yeas were 0, nays 33, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Coverdell Dean Eldridge Evans Fincher of 52nd Fincher of 54th

Foster Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Wessels

Voting in the negative were Senators Ballard, Bryant and Hudson.

Those not voting were Senators:

Broun of 46th English Gillis

Johnson Littlefield Summers

On the passage of the bill, the yeas were 44, nays 3.

Timmons Walker

The bill, having received the requisite constitutuional majority, was passed.

HB 1407. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Title 34, known as the "Georgia Election Code", so as to provide additional powers and duties for the Secretary of State and the superintendent.
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:

TUESDAY, FEBRUARY 19, 1980

1759

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Brantley
Bryant Carter
Cobb Coverdell
Dean Eldridge
English Evans
Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill
Holloway Horton Howard
Hudgins Hudson
Kennedy Kidd
Langford Lester
Littlefield McGill
Overby

Paulk Reynolds Riley Robinson
Russell Scott Starr
Stephens Stumbaugh
Sutton Tate
Timmons Turner
Tysinger Walker
Wessels

Those not voting were Senators:

Broun of 46th Brown of 47th

Johnson Land

Summers Thompson

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House, having been read the first time on February 15, and committed to the Committee on Human Resources with instructions to report the resolution back to the Senate on the next legislative day (Tuesday, February 19) at which time it would be acted upon, was read and put upon its adoption:
HR 675. By Representatives Marcus of the 26th, Russell of the 64th and Parham of the 109th:
A resolution to override and void certain rules and regulations of the State Health Planning and Development Agency relating to certificate of need and Section 1122 reviews.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following substitute to HR 675:
A RESOLUTION
To override and void certain rules and regulations of the State Health Planning and Development Agency relating to certificate of need and Sec tion 1122 reviews; and for other purposes.

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JOURNAL OF THE SENATE,
WHEREAS, pursuant to Section 4 of the "Georgia Administrative Pro cedure Act," approved March 10, 1964, (Ga. Laws 1964, p. 338), as amend ed, particularly by an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520) and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1437), the Health and Ecology Committee of the House of Representatives was assign ed to review certain rules and regulations of the State Health Planning and Development Agency;and
WHEREAS, in a notice of intent to adopt rules and regulations dated September 5, 1979, the Health and Ecology Committee of the House of Representatives received rules and regulations of the State Health Planning and Development Agency relating to certificate of need and Section 1122 reviews; and
WHEREAS, pursuant to said Section 4, after review, the Health and Ecology Committee of the House of Representatives filed objections to each and every rule and regulation accompanying or proposed in such notice of intent to adopt rules and regulations and transmitted such objections to the State Health Planning and Development Agency on October 4, 1979; and
WHEREAS, the State Health Planning and Development Agency, on October 5, 1979, and over the committee's objection, adopted each and every rule and regulation accompanying or proposed in such notice of intent to adopt rules and regulations, notification of which adoption was received on October 12, 1979; and
WHEREAS, said Section 4 provides for the introduction, within the first 30 days of any regular session of the General Assembly, of a resolution to override rules of a state agency adopted over the objection of a standing committee to which such rules were assigned for review and further pro vides specific procedures to be followed in approving such resolution and overriding such rules; and
WHEREAS, on January 30, 1980, during the 1980 regular session of the General Assembly, the Health and Ecology Committee of the House of Representatives voted to support a resolution to override and void certain, but not all, of those rules objected to by the committee on October 5, 1979.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following rules and regulations relating to certificate of need and Section 1122 reviews, adopted on October 5, 1979, by the State Health Planning and Development Agency shall become void and of no effect as provided in Section 4 of the "Georgia Ad ministrative Procedure Act," as amended:
Rule 272-2.01 (3) defining "applicant."
Rule 272-2-.01 (34) defining "transfer of controlling ownership or control in a health-care facility."
Rule 272-2-.07(2) (m) and (n) providing for review criteria standards.
Rule 272-2-.07(2) (r), but only that portion which reads as follows:

TUESDAY, FEBRUARY 19, 1980

1761

"A proposed new (previously unlicensed) skilled nursing or in termediate care facility will not be approved unless the county in which the facility is located has a projected deficit of at least 50 beds."
Rule 272-2-. 10(1 )(a)3 providing certain conditions for forfeiture of certificate of need.

Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to HR 675 off'erd by Senator Kidd of the 25th as follows:
By striking on Page 3, line 1 and inserting therein the following:
"Rule 272-2-.07(2)e, k, m, n, o, s, t, u, v, w and x providing for review"

On the adoption of the amendment offered by Senator Barnes of the 33rd, Senator Lester of the 23rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes
Bell Bryant Cobb Dean Fincherof 52nd Fincher of 54th

Greene Hill
Horton Hudgins Kennedy Kidd Land

Langford Littlefield
Paulk Robinson Stephens Sutton Walker

Those voting in the negative were Senators:

Allgood Ballard Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Eldridge English

Evans Foster Gillis Holloway Howard Hudson Johnson Lester Overby Reynolds

Riley Scott Starr Stumbaugh Tare Thompson Timmons Turner Tysinger Wessels

Not voting were Senators McGill, Russell and Summers.

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 22, nays 30, and the amendment was lost.

On the adoption of the substitute offered by Senator Kidd of the 25th, Senator Starr of the 44th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bryant Carter Cobb Dean English

Gillis Greene Horton Hudgins Kennedy Kidd Langford Littlefield

Paulk Robinson Russell Stephens Sutton Timmons Turner Walker

Those voting in the negative were Senators:

Allgood Bond Brantley Broun of 46th Brown of 47th Coverdell Eldridge Evans Fincher of 52nd Fincher of 54th

Foster Hill Holloway Howard Hudson Johnson Land Lester Overby

Reynolds Riley Scott Starr Stumbaugh Tate Thompson Tysinger Wessels

Not voting were Senators McGill and Summers.

On the adoption of the substitute, the yeas were 25, nays 28, and the substitute was lost.
On the adoption of the resolution, a resolution providing for the voiding of prom ulgated rules, as provided for in Georgia Laws of 1978, Page 1437, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bryant Greene

Hudgins Kennedy Kidd Langford

Robinson Stephens Walker

TUESDAY, FEBRUARY 19, 1980

1763

Those voting in the negative were Senators:

Allgood Ballard Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Hill Holloway Horton Howard Hudson Johnson Land Lester Littlefield Overby

Paulk Reynolds Riley Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Wessels

Not voting were Senators McGill and Summers.

On the adoption of the resolution, the yeas were 11, nays 42.
The resolution, having failed to receive the requisite constitutional majority, was lost and the rule was not voided.
Senator Holloway of the 12th assumed the Chair.
HB 1 147. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others: A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for circumstances under which the district attorney should be notified when certain children are taken into custody. Senate Sponsor: Senator Littlefield of the 6th.
The Senate Committee on Judiciary offered the following substitute toHB 1 147:
A BILL
To be entitled an Act to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to provide for circumstances under which the district attorney should be notified when certain children are taken into custody; to require the district attorney to conduct certain proceedings against children; to provide for procedures connected with the foregoing; to repeal conflicting laws; and for other puposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 24A, the Juvenile Court Code of Georgia, as amended, is hereby amended by adding at the end of Code Section 24A-1301, relating to the taking of a child into custody, a new subsection, to be designated as subsection (c), and to read as follows:
"(c) When a child who is taken into custody pursuant to this chapter has committed an act which would constitute a felony under the laws of this State if committed by an adult, the juvenile court shall, within 48 hours after it learns of the taking into custody, notify the district attorney or duly authorized assistant of the judicial circuit in which the juvenile proceedings are to instituted.",
so that when so amended Code Section 24A-1301 shall read as follows:
"24A-1301. Taking into custody, (a) A child may be taken into custody:
(1) pursuant to an order of the court under this Title, including an order to an employee of the Department of Human Resources designated in accordance with Section 13(h)(2) of the Children and Youth Act, ap proved March 13, 1963 (Ga. Laws 1963, p. 81), as amended, to ap prehend a child who has escaped from an institution or facility operated by said department or a child who has been placed under supervision and who has broken the conditions thereof;
(2) pursuant to the laws of arrest;
(3) by a law enforcement officer (or duly authorized officer of the court) if there are reasonable ground to believe that the child has com mitted a delinquent act, or if there are reasonable grounds to believe he is an unruly child;
(4) by a law enforcement officer (or duly authorized officer of the court) if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his surroundings, and that his removal is necessary; or
(5) by a law enforcement officer (or duly authorized officer of the court) if there are reasonable grounds to believe that the child has run away from his parents, guardian, or other custodian.
(b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of this State or of the United States.
(c) When a child who is taken into custody pursuant to this chapter has committed an act which would constitute a felony under the laws of this State if committed by an adult, the juvenile court shall, within 48 hours after it learns of the taking into custody, notify the district attorney or duly authorized assistant of the judicial circuit in which the juvenile proceedings are to be instituted."

TUESDAY, FEBRUARY 19, 1980

1765

Section 2. Said Code title is further amended by adding after subsec tion (d) of Code Section 24A-1801, relating to the conduct of hearings, the following:
"(e) In any delinquency proceeding in which a petition has been filed in which the delinquent act would constitute a felony if committed by an adult, the district attorney or a member of his staff must conduct the pro ceedings on behalf of the state if requested to do so by the juvenile court at least 96 hours prior to the proceeding. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding."

i that when so amended Code Section 24A-1801 shall read as follows:
"24-1801. Conduct of hearings, (a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (e) of Sec tion 24A-2201.
(b) Unless waived by the juvenile and his parent, guardian or at torney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.

(c) The general public shall be excluded from hearings involving delinquency, deprivation or unruliness. Only the parties, their counsel, witnesses, and other persons accompanying a party for his assistance, and any other persons as the court finds have a.proper interest in the pro ceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard.
(d) In any proceeding before the juvenile court, the judge, upon his own motion, may request the assistance of the district attorney or a member of his staff to conduct the proceedings on behalf of the peti tioner. If for any reason the district attorney is unable to assist, then the judge may appoint legal counsel for said purpose.
(e) In any delinquency proceeding in which a petition has been filed in which the delinquent act would constitute a felony if committed by an adult, the district attorney or a member of his staff must conduct the pro ceedings on behalf of the state if requested to do so by the juvenile court at least 96 hours prior to the proceeding. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficent evidence to warrant the further conduct of the proceeding."

Section 3. All laws and part of laws in conflict with this Act are hereby repealed.

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Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 1147 offered by the Senate Committee on Judiciary by adding at line 6 of Page 1 after the word "children" the follow ing:
"; to provide for personnel necessary for such procedures".
By adding at line 7 of Page 1 after the word "foregoing" the following:
"; to provide an effective date".
By designating the existing text of quoted subsection (e) on Page 4 as paragraph (1).
By deleting the quotation marks on line 26 and adding immediately thereafter the following:
"(2) The state shall provide for each judicial circuit the funds necessary to provide such additional assistant district attorney, paraprofessional, clerical, or other personnel and such supplies, equip ment, office space, or services as the district attorney shall need to carry out the duties imposed by this subsection. This subsection shall not become effective as to any judicial circuit until and unless such funds are specifically appropriated by law.'"
On the adoption of the amendment, the yeas were 13, nays 23, and the amendment offered by Senator Barnes of the 33rd was lost.

Senator Starr of the 44th offered the following amendment:

Amend the substitute to HB 1147 offered by the Senate Committee on Judiciary by changing the word "shall" on line 22, Page 4, to "may".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1980

1767

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Evans

Holloway (presiding)

Summers

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1099. By Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to change certain provisions on time limitations on claims.
Senate Sponsor: Senator Howard of the 42nd.

Senator Barnes of the 33rd offered the following substitute to HB 1099:

A BILL
To be entitled an Act to amend an Act known as the "Georgia Medical Assistance Act of 1977," approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1293), so as to change certain provisions on time limitations on claims; to provide that any experiment, research or demonstration project administered by the

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Department of Medical Assistance shall, prior to its initiation, be evaluated as to its soundness, possibilities for securing productive results, adequacy of resources, relationship to other similar projects and its effect on the quality and availability of services and the financial well-being of any provider of medical assistance which participates in such project; to provide that no such project shall be finally adopted or administered by the Department un til such method has first been operated on a trial basis in accordance with this Act, an evaluation conducted and a report thereon has been submitted to the General Assembly; 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 Medical Assistance Act of 1977," approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520) and and Act ap proved April 17, 1979 (Ga. Laws 1979, p. 1293), is hereby amended by striking from Section 7 thereof the word;
"three",
and substituting in lieu thereof the word:
"six",
so that when so amended Section 7 shall read as follows;
"Section 7. Time Limitations on Claims. Claims for medical assistance must be submitted not more than six months after the month in which the service is rendered, and shall be in the form prescribed by the Commissioner, except that, the Commissioner may, where he finds that delay in submission of claims was caused by circumstances beyond the control of the provider, extend the period for submission of certain claims for a period not to exceed twelve (12) months after the month in which the service was rendered; Provided, however, such limitations shall not apply to claims timely filed pursuant to Title XVIII of the Federal Social Security Act of 1935, as amended, and reimbursements of such claims may be authorized by the Department so long as federal financial participation in such reimbursements is available."
Section 2. Said Act is further amended by adding a new Section be tween Section 11 and Section 12 thereof, to be designated Section 11A, to read as follows:
"Section 11A. (a) The Department shall not adopt or administer nor shall it accept any grant or matching funds from or enter into any agree ment or contract with the Federal government or any public or private agency, institution or organization to develop or administer any experi ment, research or demonstration project described in Section 11 hereof which governs reimbursement to licensed hospitals in this State unless such project is operated in compliance with the provisions of this Section.
(b) Any experiment, research or demonstration project described in Section 11 hereof which governs reimbursement to licensed hospitals in

TUESDAY, FEBRUARY 19, 1980

1769

this State shall provide for an evaluation, prior to its initiation, as to the soundness of such project's objectives, the possibilities of securing pro ductive results, the adequacy of resources to conduct the project, its rela tionship to other similar projects already completed or in process and the likely effect of such project upon the quality and availability of services and upon the short-and long-term financial well-being of any provider of medical assistance participating in such project. Such an evaluation shall be performed by a panel composed of five persons appointed by the Governor as follows: the Commissioner of Medical Assistance or his designee, the Commissioner of Human Resources or his designee, the chief executive officer of a licensed hospital in the State, the chief fiscal officer of a licensed hospital in the State and one person who is neither an employee nor consultant of the State or Federal government and who has no connection whatsoever with the administration, delivery or providing of medical assistance.
(c) No experiment, research or demonstration project shall be adopted or administered by the Department which governs reimburse ment to licensed hospitals in this State unless a majority of the members of such evaluation panel conclude that such project's objectives are sound, the possibilities of securing productive results are favorable, ade quate resources exist to conduct the project, such project is not duplicative of similar projects already completed or in process and there will be no adverse effect upon the quality or availability of medical ser vices or upon the short- and long-term financial well-being of any pro vider of medical assistance participating in such project.
(d) Following the above-described evaluation and its findings in com pliance with, subsection (c) above, and prior to final adoption or ad ministration of such project, the Department shall first conduct the proj ect on a trial basis which shall commence at the start of each provider's fiscal year beginning on or after July 1, 1980, and which shall continue through completion of each such provider's fiscal year. This trial pro gram shall attempt to calculate the amount of reimbursement payable to each provider of medical assistance under the methods and standards contained in the experiment, research or demonstration project but shall in no way affect the actual amount of reimbursement received by such provider, as such provider shall be reimbursed during said trial period according to the State Plan for Medical Assistance then in force as if the experiment, research or demonstration project were not in effect.
(e) Upon completion of the one-year trial program, the evaluation panel described in subsection (b) above shall then evaluate the effec tiveness of such program using, as a measure of such effectiveness, the issues and guidelines described in subsection (b) above. Such an evalua tion shall not be made until at least 90 days after completion of the oneyear trial program, and a full report of such evaluation shall be forward ed to the General Assembly. The experiment, research or demonstration project shall not thereafter be adopted or administered on an actual or final basis unless a majority of the members of such evaluation panel con clude that such project's objectives are sound, the possibilities of securing productive results are favorable, adequate resources exist to conduct the project, such project is not duplicative of similar projects already com pleted or in process and there will be adverse effect upon the quality or

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availability of medical services or upon the short-and long-term financial well-being of any provider of medical assistance participating in such project."
Section 3. This Act shall become effective upon its approval by the Governor or upon it becoming law without his approval.

Section 4. All laws and part 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, 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 Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Evans Holloway (presiding)

Langford

On the passage of the bill, the yeas were 51, nays 0.

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 19, 1980

1771

HB 1100. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level, so as to authorize the judges of the state courts to serve as judge of other state courts under certain circumstances.
Senate Sponsor: Senator Wessels of the 2nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Fincherof 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Dean Evans

Holloway (presiding) Hudson Land

Langford Summers Thompson

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1471. By Representative Castleberry of the lllth:
A bill to amend an Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, so as to change the method of com puting the minimum salaries of such officers.
Senate Sponsor: Senator Timmons of the 11 th.

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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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Those not voting were Senators:

Evans Holloway (presiding)

Langford Summers

On the passage of the bill, the yeas were 50, nays 0.

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Walker Wessels
Thompson

The bill, having received the requisite constitutional majority was passed.

HB 1349. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority Act", so as to change the number and composition of the member ship of the Authority,
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:

TUESDAY, FEBRUARY 19, 1980

1773

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Brantley
Broun of 46th Brown of 47th Bryant Carter
Cobb Coverdell
Dean Eldridge English

Fincher of 52nd Fincher of 54th Foster Gillis
Greene Hill Horton
Howard Hudgins Hudson Johnson
Kennedy Kidd
Land Lester McGill

Overby Paulk Reynolds Robinson
Russell Scott Starr
Stephens Stumbaugh Sutton Tate
Timmons Turner
Tysinger Walker Wessels

Those not voting were Senators:

Evans Holloway (presiding) Langford

Littlefield Riley

Summers Thompson

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1 146. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Section 27-407, relating to the duty of the court of in quiry, so as to provide that the committing magistrate may not dismiss cer tain criminal charges and convict the accused of an offense otherwise within the jurisdiction of the court of inquiry if the evidence upon which the con viction is to be based within the court of inquiry shall constitute the same circumstances for which the accused was originally charged with a viola tion of certain crimes.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Judiciary offered the following substitute toHB 1 146:
A BILL
To be entitled an Act to amend Code Section 27-407, relating to the duty of the court of inquiry, so as to limit the jurisdiction of certain courts who have previously served as courts of inquiry concerning certain criminal charges; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-407, relating to the duty of the court of in quiry, is hereby amended by adding at the end thereof the following:
"Any court, other than a superior court or state court, to which any charge of a violation of Code Section 26-2901 or Code Section 26-2903 is referred for the determination required by this section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to said charge and with respect to any other criminal violation arising from the transaction on which said charge was based and shall not thereafter be competent to try the accused for said charge or for any other criminal violation arising from the transaction on which said charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law.",
so that when so amended Code Section 27-407 shall read as follows:
"27-407. The duty of the court of inquiry is simply to determine whether there is sufficient reason to suspect the guilt of the accused, to re quire him to appear and answer before the court competent to try him; and whenever such probable cause exists, it is the duty of the court to commit. Any court, other than a superior court or state court, to which any charge of a violation of Code Section 26-2901 or Code Section 26-2903 is referred for the determination required by this section shall thereafter have and exercise only the jurisdiction :of a court of inquiry with respect to said charge and with respect to any other criminal viola tion arising from the transaction on which said charge was based and shall not thereafter be competent to try the accused for said charge or for any other criminal violation arising from the transaction on which said charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 38, nays 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 Bryant Carter Cobb

TUESDAY, FEBRUARY 19, 1980

1775

Coverdell Dean Eidridge English
Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard
Hudson

Johnson Kennedy Kidd Land
Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson
Russell

Those not voting were Senators:

Evans Holloway (presiding)

Hudgins Langford

Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Summers

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 1430. By Representatives Fuller of the 16th, Childers of the 15th and Oldham of the 14th:
A bill to provide for an additional judge of the Superior Court of the Rome Judicial Circuit; to provide for the initial appointment of such judge; to pro vide for the election of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowance of said judge.
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 Barker Barnes Bell Bond

Brantley Broun of 46th Bryant Carter Cobb Coverdell

Dean Eidridge English Fincher of 52nd Fincher of 54th Foster

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JOURNAL OF THE SENATE,

Gillis Greene Hill
Horton Howard Hudgins Hudson Johnson Kennedy Kidd
Lester

Littlefield McGill Overby
Paulk Reynolds Rjley Robinson Russell Scott Starr

Those not voting were Senators:

Brown of 47th Evans

Holloway (presiding) Land

On the passage of the bill, the yeas were 49, nays 0.

Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Langford Summers

The bill, having received the requisite constitutional majority, was passed.

HB 957. By Representative Coleman of the 118th:
A bill to amend Code Section 89-308, relating to officers before whom oaths of deputies are taken, so as to permit a deputy sheriff to take his oaths before the sheriff.
Senate Sponsor: Senator Littlefield 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 Barker Barnes Bell Bond
Brantley Brown of 47th Bryant Carter Cobb
Coverdell

Dean Eldridge English Fincher of 52nd Fincher of 54th Foster
Gillis Greene Hill Horton Howard
Hudgins

Hudson Johnson Kennedy Kidd Land Lester
Littlefield McGill Overby Paulk Reynolds
Robinson

TUESDAY, FEBRUARY 19, 1980

Russell Scott Starr Stephens Stumbaugh

Sutton Tate Thompson Timmons

Those not voting were Senators:

Broun of 46th Evans

Holloway (presiding) Langford

Turner Tysinger Walker Wessels
Riley Summers

1777

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 748. By Representative Jones of the 126th:
A bill to amend an Act creating the GGeorgia Ports Authority so as to provide Ports Authority investigators with powers of arrest and law enforcement.
Senate Sponsor: Senator Wessels of the 2nd.

The Senate Committee on Transportation offered the following amendment:
Amend HB 748 on Page 1, line 28 by adding immediately after the words and symbol "Public Safety." the following:
"Such investigators shall be subject to the requirements of the 'Georgia Peace Officer Standards and Training Act,' approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, and are hereby specifically required to complete the training required for peace officers by said Act."

On the adoption of the amendment, the yeas were 36, 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill H or ton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Barnes and Johnson.

Those not voting were Senators:

Brown of 47th Holloway (presiding)

Langford Riley

On the passage of the bill, the yeas were 48, nays 2.

Summers

The bill, having received the requisite constitutional majority, was passed amended.

HB 1473. By Representative Castleberry of the lllth:
A bill to amend an Act providing minimum salaries for sheriffs to be paid from county funds, so as to change the method of computing the minimum salaries of such officers.
Senate Sponsor: Senator Timmons of the 11 th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1980

1779

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans
Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Holloway (presiding)

Langford Riley

On the passage of the bill, the yeas were 49, nays 0.

Summers Wessels

The bill, having received the requisite constitutional majority, was passed.

HB 1212. By Representatives Mullinax of the 69th, Mostiler of the 71st, Fortune of the 71st and others:
A bill to amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), so as to provide for a decrease in weekly unemployment compensation benefits based on receipt of govern mental or other pension retirement pay, annuity, or other similar periodic payment.
Senate Sponsor: Senator Hill of the 29th.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 1212:
A BILL
To be entitled an Act to amend an Act known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to provide for a decrease in weekly unemployment compensation benefits based on receipt of

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governmental or other pension retirement or retirement pay, annuity, or other similar periodic payment; to provide for alternatives allowed by the Federal Unemployment Tax Act; 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 known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, is hereby amended by adding a new subsection (e) to Section 3 to read as follows:
"(e) The amount of unemployment compensation payable to an in dividual for any week which begins after March 31, 1980, and which begins in a period with respect to which such individual is receiving a governmental or other pension retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced, but not below zero by an amount equal to the amount of such pension retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $ 1.00; provided that, if the provisions of the Federal Unemployment Tax Act permit, the Commissioner may prescribe in regulations which are consistent with the Federal Unemployment Tax Act that:
(1) The requirements of this paragraph shall only apply in the case of a pension retirement or retired pay, annuity, or other similar periodic payment under a plan maintained (or contributed to) by a base period or chargeable employer (as determined under this Act); and/or
(2) In determining the amount of any such reduction, the contribu tions made by the individual for the pension retirement or retired pay, annuity, or other similar periodic payment shall be taken into account.
(3) The effective date of the application of this subsection may be changed to correspond with Federal Unemployment Tax Act re quirements.
Provided, further, it is the intent of the Geneal Assembly that this subsection (e) shall be administered in all respects in conformity with the Federal Unemployment Tax Act requirements."
Section 2. This Act shall become effective on March 31, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

TUESDAY, FEBRUARY 19, 1980

1781

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Robinson Russell Scott Starr Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Voting in the negative was Senator Stephens.

Those not voting were Senators:

Holloway (presiding) Riley

Summers

On the passage of the bill, the yeas were 50, nays 1.

Timmons

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1392. By Representative Birdsong of the 103rd:
A bill to amend Code Section 91A-1439, relating to removal from office of members of boards of tax assessors, so as to change the number of signatures required on a petition for removal.
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 Barker Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 54th

Foster Gillis Greene Hill H or ton Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Voting in the negative was Senator Barnes.

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Fincher of 52nd Holloway (presiding)

Langford Riley

On the passage of the bill, the yeas were 47, nays 1.

Summers Timmons

The bill, having received the requisite constitutional majority, was passed.

HB 1150. By Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others:
A bill to amend Code Title 38, relating to evidence, so as to provide for the taking and use of depositions in criminal proceedings; to provide for notice; to provide for connsel; to provide for costs.
Senate Sponsor: Senator Littlefield of the 6th.

The Senate Committee on Judiciary offered the following substitute to HB 1150:

A BILL
To be entitled an Act to amend Code Title 38, relating to evidence, as amended, so as to provide for the taking and use of depositions in certain criminal proceedings; to provide for notice; to provide for counsel; to pro-

TUESDAY, FEBRUARY 19, 1980

1783

vide for costs; to provide for filing and examination; to provide for admissibility; to provide for objections; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes:.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 38, relating to evidence, as amended, is hereby amended by inserting, following Code Chapter 38-13, a new Code Chapter, to be designated Code Chapter 38-13A, to read as follows:

"CHAPTER 3 8-13A DEPOSITIONS TO PRESERVE TESTIMONY
IN CRIMINAL PROCEEDINGS
38-1301A. (a) At any time after the filing of an indictment, special presentment, or accusation, the court may upon motion of a parry and after notice to the parties order that the testimony of a prospective witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the witness is in imminent danger of death or that the witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in any criminal trial or proceeding.
(b) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall produce him at the examination and keep him in the presence of the witness during the examination, A defendant not in custody shall have the right to be present at the examination; but his failure, absent good cause shown, to appear after notice and tender of expenses shall con stitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
(c) If a defendant is without counsel, the court shall advise him of his rights and assign counsel to represent him unless the defendant elects to proceed without counsel or is able to obtain counsel of his own choice. Whenever a deposition is taken at the instance of the State, the cost of any such deposition shall be paid out of such funds as are available to meet the costs of prosecution which are the responsibility of the State to meet. Depositions taken at the instance of a defendant shall be paid for by the defendant; provided, however, that whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of the taking of the deposition, the court shall direct that the reasonable expenses of travel and subsistence of the defendant and his attorney for attendance at the examination be paid for out of the fine and forfeiture fund of the county where venue is laid.

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(d) A deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a deposition be taken of a party defendant without his consent, and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the defendant the court may direct that a deposition be taken on written interrogatories in the manner provided in civil actions, such request shall constitute a waiver of any objection to the taking and use of the deposition based upon its being so taken.
(e) The State shall make available to the defendant for his examina tion and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the State and which the State would be required to make available to the defendant if the witness were testifying at the trial.
(f) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears that the witness is dead. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
(g) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.
(h) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment."
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 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 Brown of 47th

Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard

Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield

TUESDAY, FEBRUARY 19, 1980

1785

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens

Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Holloway (presiding) Langford

McGill Riley

Summers 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.

HR 449. By Representative Johnson of the 74th:
A resolution designating the Georgia National Guard Armory in Covington, Georgia, as the "Joel Nathaniel Morgan National Guard Armory".
Senate Sponsor: Senator Hudson of the 35th.

The Senate Committee on Defense and Veterans Affairs offered the following substitute to HR 449:
A RESOLUTION
Recommending that the Georgia National Guard Armory in Covington, Georgia, be named the "Joel Nathaniel Morgan National Guard Armory"; and for other purposes.
WHEREAS, Mr. Joel Nathaniel Morgan of Covington, Georgia served as a member of the United States Army from May 26, 1943, to January 26, 1946; and
WHEREAS, he served with distinction, dedication, and valor in the South Pacific at Milney Bay, New Guinea; in the Battle of Leyte; in the Bat tle of Luzon; and in Ascom City, Korea; and
WHEREAS, on February 26, 1948, he enlisted as the first National Guardsman in Covington and has been a member of the Georgia National Guard in Covington from 1948 until the present; and
WHEREAS, citizen soldiers such as Mr. Morgan are the backbone of our nation's defense.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby recommend to the Governor and The Adjutant General that the Georgia National Guard Armory in Covington, Georgia, be named the "Joel Nathaniel Morgan Na tional Guard Armory."
BE IT FURTHER RESOLVED that the Clerk of the House of Represen tatives is hereby authorized and directed to transmit appropriate copies of this resolution to the Governor and The Adjutant General of the State of Georgia and to Mr. Joel Nathaniel Morgan.

On the adoption of the substitute, the yeas were 0, nays 34, and the substitute was lost.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Fincher of 54th Holloway (presiding)

Littlefield Riley Summers

Thompson Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

TUESDAY, FEBRUARY 19, 1980

1787

The resolution, having received the requisite constitutional majority, was adopted.

HR 483. By Representatives Lee of the 72nd and Snow of the 1 st: Senate Sponsor: Senator Starr of the 44th.

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section XIV, Paragraph VI of the Constitution is hereby amended by striking Paragraph VI, which reads as follows:
"Paragraph VI. All Other Cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county.",
in its entirety and substituting in lieu thereof a new Article VI, Section XIV, Paragraph VI to read as follows:
"Paragraph VI. All Other Cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was commit ted, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the [ ] NO venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Holloway (presiding)

Hudgins Riley

Summers

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite two-thirds constitutional majority was adopted.

The President resumed the Chair.

HR 542. By Representatives Bostick and Veazey of the 146th:
A resolution authorizing the conveyance of certain State-owned real proper ty located inTift County.
Senate Sponsor: Senator Sutton of the 9th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

TUESDAY, FEBRUARY 19, 1980

1789

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 Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Robinson Russell Scott Starr Stumbaugh Sutton Tare Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Hudgins

Hudson Riley

Stephens Summers

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the Senate, having been read the third time on February 15 and postponed until February 19, was put upon its passage:

SB 86. By Senator Langford of the 51st:
A bill to amend Code Title 88, relating to public health, as amended, so as to add a new Code Chapter to authorize the discontinuance of extraordinary life-sustaining procedures for certain persons; to define certain terms; to pro vide for written directives and the procedures connected therewith; to pro vide for witnesses.

The Senate Committee on Human Resources offered the following amendment: Amend SB 86 on Page 4, lines 7 and 8 by striking the following: "one other physician who has",

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JOURNAL OF THE SENATE,
and inserting in lieu thereof the following: "two other physicians who have".
By inserting between lines 30 and 31 of Page 6 the following: "Declarant has signed this document in our presence as above in
structed, the day and year above first shown." By striking from line 4 and 5 of Page 10 the following: ", or a copy of the directive,".

On the adoption of the admendment, the yeas were 40, nays 0, and the committee amendment was adopted.

Senator Howard of the 42nd offered the following amendment:

Amend SB 86'by striking on Page 5, line 21 the word "artificially" before the word "prolong" and by inserting on Page 5, line 21, after the word "prolong", the word "artificially".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

Senator Howard of the 42nd offered the following amendment:
Amend SB 86 by striking on Page 3, line 16, the word "vital" and inserting in lieu thereof the following:
"cardiopulmonary".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend SB 86 by adding on Page 7, line 34, and on Page 8, line 9, after the word "revocation." the following:
"At least one other individual must witness the revocation or notification of revocation. Said individual shall co-sign the attending physician's entry on the revocation in the patient's medical record."

TUESDAY, FEBRUARY 19, 1980

1791

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senator Howard of the 42nd offered the following amendment:

Amend SB 86 by striking on Page 10, lines 19-30, beginning with the sentence, "A failure by the attending physician . . .", and inserting in lieu thereof the following:
"Should the attending physician be unwilling to effectuate the direc tive of the declarant patient or to carry out a request which has been ap proved pursuant to Code Section 88-3310, it shall be the responsibility of said physician to so advise the next of kin or legal guardian of the declarant patient. Failure to advise the next of kin or legal guardian of the declarant patient of the physician's unwillingness to effectuate the directive of the declarant patient or to carry out a request which has been approved pursuant to Code Section 88-3310 shall constitute unprofes sional conduct."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

Senator Howard of the 42nd offered the following amendment:
Amend SB 86 by striking throughout the bill the word "president" and inserting in lieu thereof the word "Chief".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Dean Eldridge Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hudson Kidd Langford Littlefield

Russell Stephens Sutton Turner Walker

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Those voting in the negative were Senators:

Allgood Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell English

Evans Hill Holloway Horton Howard Hudgins Johnson Kennedy Land Lester McGill Overby

Those not voting were Senators:

Broun of 46th

Riley

On the passage of the bill, the yeas were 17, nays 35.

Paulk Reynolds Robinson Scott Starr Stumbaugh Tate Thompson Timmons Tysinger Wessels
Summers

The bill, having failed to receive the requisite constitutional majority, was lost.

The following general bill of the Senate, having been read the third time on February 15 and postponed until February 19, was put upon its passage:

SB 507. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 114-6, relating to insurance under the workers' compensation laws, as amended, so as to provide that certain selfinsurers shall not be required to post bond evidencing security.

The report ot the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bell Bond Brantley Brown of 47th Bryant

Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Holloway Horton

Howard Hudgins Hudson Johnson Kennedy
Kidd Land Langford Lester

TUESDAY, FEBRUARY 19, 1980

Littlefield McGill Overby p au lk Reynolds
Robinson Starr Stephens Stumbaugh

Sutton Tate Thompson Timmons Turner
Tysinger Walker Wessels

1793

Voting in the negative were Senators Ballard and Scott.

Those not voting were Senators:

Barnes Broun of 46th

Fincher of 52nd Riley

Russell Summers

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been passed on February 13, recon sidered on February 15 and postponed until February 19, was put upon its passage:

HB 50. By Representatives Richardson of the 52nd and Vaughn of the 57th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations.
Senate Sponsor: Senator Scott of the 43rd.

The substitute to HB 50 adopted on February 13 was as follows:

A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations; to change the provisions relative to creditable service with respect to members who have previously withdrawn contributions; to pro vide for matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking from subsection (12) of Section 4 the follow ing:
"not more than three times",
and by inserting following the words "shall be paid to the Employees' Retirement System" in the last sentence of subsection (12), the following:
"by the Teachers' Retirement System of Georgia",
so that when so amended subsection (12) of Section 4 shall read as follows:
"(12) Any current member having previously withdrawn his con tributions from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after two (2) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either system had he not withdrawn his contributions, upon his payment into the system a sum equal to the amount withdrawn from either system, plus regular interest at the rate of four and one-fourth percent (4 l/4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System by the Teachers' Retirement System of Georgia, plus accrued interest thereon, upon receipt of notice from the system."
Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (20) to read as follows:
"(20) Any person becoming a member of this retirement system at any time after January 1, 1980, but before July 1, 1981 as a result of be ing employed by a juvenile detention facility acquired by a department of State government from a county, who, immediately prior to becoming a member of this retirement system, was an employee of such county in a position covered by a retirement or pension system of such county, shall have the option, which must be exercised within six months after becom ing a member of this retirement system, of transferring his employer and employee contributions credited to him under the county retirement or pension system, for service as an employee of the juvenile detention facili ty, to this retirement system. Such option shall be exercised by notifying, in writing, the governing body of the county retirement or pension system and the Board of Trustees of this retirement system of his desire for such transfer of such employer and employee contributions. Within thirty days after receiving such notification, the governing body of the county retirement or pension system shall pay to the Board of Trustees of this retirement system an amount equal to such employer and employee contributions. Upon the receipt of such payment, the Board of Trustees shall deposit that portion thereof representing employee contributions in to the annuity savings fund as a credit to the member, and said Board shall deposit that portion thereof representing employer contributions in-

TUESDAY, FEBRUARY 19, 1980

1795

to the pension accumulation fund. Upon making such deposits to the an nuity savings fund and the pension accumulation fund as aforesaid, such member shall receive as prior service under this Act credit for service rendered as an employee of the juvenile detention facility of the county, but the amount of prior service credited to such member shall be adjusted as necessary so that the accrued liability to this retirement system created by such prior service shall be fully funded by the amount of the payment received by the Board of Trustees as the employer and employee con tributions under the county retirement or pension system. In the event the payment received by the Board of Trustees is insufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility of the county, the governing authority of the county which formerly employed such member shall be authorized, but not re quired, to pay to the Board of Trustees an amount which, when combin ed with the payment for employer and employee contributions as hereinabove provided, shall be sufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility. In the event a county governing authority elects to pay the addi tional amount provided for herein, said governing authority shall re quest, in writing, a certification from the Board of Trustees of such amount, and upon the payment thereof to the Board of Trustees, the member shall be credited with prior service under this Act for all service rendered as an employee of the juvenile detention facility of the county. The amount, if any, paid by a county governing authority as herein pro vided shall be deposited by the Board of Trustees into the pension ac cumulation fund."
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.

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 Barker Bell Bond Brantley Bryant Carter Cobb Coverdell English

Evans Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy

Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Robinson Scott

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Stephens Stumbaugh Sutton

Tate Timmons Turner

Those voting in the negative were Senators:

Brown of 47th Dean

Eldridge Holloway

Those not voting were Senators:

Barnes Broun of 46th Fincher of 52nd

Hudgins Riley

On the passage of the bill, the yeas were 42, nays 6.

Tysinger Walker Wessels
Starr Thompson
Russell Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 579. By Senators Coverdell of the 40th, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Chapter 24A-6, relating to probation officers and other personnel under the Juvenile Court Code of Georgia, as amended, so as to delete provisions relating to probation officers being supplied by counties; to provide that juvenile probationers shall be supervised by circuit proba tion supervisors and other personnel under the statewide probation system.

The Senate Committee on Appropriations offered the following amendment:
Amend SB 579 by striking the last sentence of subparagraph (b) on Page 3, lines 31 through 33, beginning with the word "Such".

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

Senators Coverdell of-the 40th and Holloway of the 12th offered the following substitute to SB 579:
A BILL
To be entitled an Act to amend Code Chapter 24A-6, relating to proba tion officers and other personnel under the Juvenile Court Code of Georgia,

TUESDAY, FEBRUARY 19, 1980

1797

as amended, so as to delete provisions relating to probation officers being supplied by counties; to provide that juvenile probationers shall be supervis ed by the Department of Human Resources, Division of Youth Services, pur suant to the applicable provisions of the Act known as the "Children and Youth Act," approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended; to amend an Act known as the "Statewide Probation Act," approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), so as to delete pro visions authorizing the continuation of county probation systems; to provide that adult probationers shall be supervised under the statewide probation system; to change the provisions relative to juvenile probationers; to provide an effective date and for state assistance to counties providing probation ser vices until such services are provided by the state; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 24A-6, relating to probation officers and other personnel under the Juvenile Court Code of Georgia, as amended, is hereby amended by striking Code Section 24A-601, which reads as follows:
"24A-601. Probation Officers. The judge may appoint one or more probation officers who shall have the powers and duties stated in Section 24A-602. Salaries shall be fixed by the judge with the approval of the governing authority of the county or counties for which they are ap pointed, and shall be payable from county funds.",
in its entirety and substituting in lieu thereof a new Code Section 24A-601 to read as follows:
"24A-601. Probation Officers. Juvenile probationers shall be super vised, under the direction of the judge of the juvenile court, by the Department of Human Resources, Division of Youth Services, pursuant to the applicable provisions of the Act known as the 'Children and Youth Act.' approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended."
Section 2. An Act known as the "Statewide Probation Act," approved February 8, 1956 (Ga. Laws 1956, p. 26), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), is hereby amended by striking Section 15 which reads as follows:
"Section 15. Except as provided hereinafter, any county probation system in existence on the effective date of this Act shall not be affected by the passage of this Act, regardless of whether the law under which such system exists is specifically repealed by this Act. The personnel of such system shall continue to be appointed and employed under the same procedure as used prior to the effective date of this Act, and such system shall be financed under the same method as it was financed prior to the effective date of this Act. Provided, however, the substantive provisions of this Act relative to probation shall be followed, and to this end any probation officer of such system shall be deemed to be the same as a cir cuit probation supervisor, with the circuit probation supervisor assigned by the Director of Probation serving in a liaison capacity between such county probation system and the Director of Probation.",

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JOURNAL OF THE SENATE,

in its entirety and substituting in lieu thereof a new Section 15 to read as follows:
"Section 15. No county shall be authorized to maintain its own pro bation system, and all probationers shall be supervised by circuit proba tions supervisors and other probation personnel provided for in this Act."
Section 3. Said Act known as the "Statewide Probation Act" is further amended by striking Section 16 in its entirety and substituting in lieu thereof a new Section 16 to read as follows :
"Section 16. Juvenile probationers, upon direction of the court, shall be supervised by the Department of Human Resources, Division of Youth Services, pursuant to the applicable provisions of the Act known as the 'Children and Youth Act' approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended."
Section 4. (a) This Act shall become effective on July 1, 1982.
(b) Until the time this Act becomes effective as provided in subsection (a) of this Section, the General Assembly shall be authorized to appropriate funds to reimburse, or partially reimburse, counties of this State using local funds to provide adult and juvenile probation systems for such counties.
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 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 Bell Bond Brantley Carter

Coverdell Eldridge Evans Holloway Howard Hudson Johnson

Those voting in the negative were Senators:

Brown of 47th Bryant Cobb

Dean English Foster

Lester Scott Stephens Stumbaugh Tate Thompson Tysinger
Gillis Greene Hill

TUESDAY, FEBRUARY 19, 1980

Horton Hudgins Kennedy Kidd Langford Littlefield

McGill Overby Paulk Reynolds Robinson Starr

Sutton Timmons Turner Walker Wessels

Those not voting were Senators:

Barnes Broun of 46th Fincher of 52nd

Fincher of 54th Land Riley

Russell Summers

On the passage of the bill, the yeas were 21, nays 26.

1799

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 579.

The following general bill of the Senate, having been read the third time on January 31 and committed to the Committee on Human Resources, and favorably reported by the committee, was put upon its passage:

SB 450. By Senator Howard of the 42nd:
A bill to provide protections for residents in long-term care facilities; to pro vide a short title; to define certain terms; to require reports by certain per sons concerning abuse, neglect or exploitation; to require investigations of reports of abuse or neglect.

The Senate Committee on Human Resources offered the following substitue to SB 450:

A BILL
To be entitled an Act to provide protections for residents in long-term care facilities; to provide a short title; to define certain terms; to require reports by certain persons concerning abuse or exploitation; to require in vestigations of reports of abuse and exploitation; to specify duties of the Department of Human Resources and certain law enforcement agencies; to provide for confidentiality of reports; to provide immunity for certain per sons; to prohibit retaliation; to provide for an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Title 88, known as the "Georgia Health Code," as amended, is hereby amended by adding a new Code Chapter 88-19c, to read as follows:
"88-1901c. Short Title. This Act shall be known as the 'Long-Term Care Facility Resident Abuse Reporting Act.'
88-1902c. Definitions. As used in this Act:
(a) 'Department' means the Department of Human Resources.
(b) 'Resident' means any person receiving treatment or care in a long-term care facility for a period of not less than 15 consecutive days.
(c) 'Long-Term Care facility' or 'facility' means any skilled nursing home, intermediate care home, or personal care home now or hereafter subject to regulation and licensure by the Department.
(d) 'Abuse' means any intentional or grossly negligent act or series of acts, or intentional or grossly negligent omissions to act, which cause in jury to a resident, including but not limited to, assault or battery, failure to provide treatment or care, or sexual harassment of the resident.
(e) "Exploitation" means an unjust or improper use of another person or his property for one's own profit or advantange.
88-1903c. Reporting of abuse or exploitation, (a) Any administrator, manager, physician, nurse, nurse's aid or orderly or other employee in a hospital or facility, and any medical examiner, dentist, osteopath, op tometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, psychologist, or employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities, who has knowledge that any resident or former resident has been abused or ex ploited while residing in a long-term facility, shall promptly make a report as described in subsection (c) of the Section by telephone or in per son to the Department. In the event that an immediate report to the Department is not possible, the person shall make the report to the ap propriate law enforcement agency. Such person shall also make a written report to the Department within 24 hours after making the initial report.
(b) Any other person who has knowledge that a resident or former resident has been abused or exploited while residing in a facility may report or cause a report to be made to the Department or appropriate law enforcement agency.
(c) A report of suspected abuse or exploitation shall include the following:
(1) Name and address of person making the report unless such person is not required to make a report.
(2) Name and address of the resident or former resident.
(3) Name and address of the facility.

TUESDAY, FEBRUARY 19, 1980

1801

(4) Nature and extent of any injuries or condition resulting from the suspected abuse or exploitation.
(5) The suspected cause of the abuse or exploitation.
(6) Any other information which the reporter believes might be helpful in determining the cause of the resident's injuries or condition, and in determining the identify of the person or persons responsible for the abuse or exploitation.
(d) Upon receipt of a report of abuse or exploitation, the Department may notify the appropriate law enforcement agency, In the event a report is made to a law enforcement agency, under Subsection (a) or (b) above, that agency shall immediately notify the Department.
(e) The Department shall maintain accurate records which shall in clude all reports of abuse or exploitation; the results of all investigations, administrative or judicial proceedings; and a summary of actions taken to assist the residents.
88-1904c. Investigations, (a) The Department shall promptly initiate an investigation after the receipt of any report. The Department shall direct and conduct all investigations; however, it may delegate the con duct of investigations to local police authorities, or other appropriate agencies. If such delegation occurs, such other agency must report the results of its investigation to the Department immediately upon comple tion.
(b) The investigation shall determine the nature, cause, and extent of the reported abuse or exploitation, an assessment of the current condition of the resident, and an assessment of needed action and services. Where appropriate, the investigation may include a prompt visit to the resident.
(c) The investigating agency shall collect and preserve all evidence relating to the suspected abuse or exploitation.
(d) All state, county and municipal law enforcement agencies, employees of long-term care facilities, and other appropriate persons shall cooperate with the Department or investigating agency in carrying out the provisions of this Chapter.
88-1905c. Protection of the resident, (a) Upon the receipt of the results of an investigation the Department, in cooperation with the in vestigating agency, shall immediately evaluate such results to determine what action, shall be taken to assist the resident.
(b) The Department or an agency designated by the Department shall assist and prevent further harm to a resident who has been abused or ex ploited. The Department may also take appropriate legal actions to assure the safety and welfare of all other residents of the facility where necessary.
(c) Within a reasonable time not to exceed 30 days after it has ini tiated action to assist a resident, the Department shall determine the cur-

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rent condition of the resident, whether the abuse or exploitation has been abated, and whether continued assistance is necessary.
88-1906c. Referral for prosecution, (a) If as a result of an investiga tion a determination is made that a resident has been abused or exploited, the Department shall contact the appropriate prosecuting authority, and provide all the information and evidence to such prosecuting authority.
88-1907c. Immunity. Any person or agency who in good faith makes a report, or provides information or evidence, pursuant to this Chapter shall be immune from liability for such actions.
88-1908c. Confidentiality. The identity of the resident, the alleged perpetrator, the name of the facility, and persons making a report or pro viding information or evidence, shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as required by other statutes. Upon the resident's or his representative's request the Depart ment shall make information obtained in an investigation available to an allegedly abused or exploited resident or his representative for inspection or duplication except that such disclosure shall be made without reveal ing the identity of any other resident by name or inference.
88-1909c. Retaliation prohibited. No person or facility shall discriminate or retaliate in any manner against any person for making a report or providing information pursuant to this Chapter or against any resident who is the subject of a report, but nothing herein shall be con strued to prohibit the termination of the relationship between the facility and the resident for reasons other than the making of such a report or providing of such information.
88-1910c. Notice. The Department shall prepare a written notice describing the reporting requirements pursuant to this Chapter. Such notice shall be distributed to all long-term care facilities and hospitals in the State, and such notices shall be posted in conspicuous locations within facilities and hospitals."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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.

TUESDAY, FEBRUARY 19, 1980

1803

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 450 offered by the Senate Committee on Human Resources as follows:
Strike on Page 1, lines 22 and 23 the following:
"for a period of not less than 15 consecutive days."
so that 88-1902c reads:
" 'Resident' means any person receiving treatment or care in a longterm care facility."
On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to SB 450 offered by the Senate Committee on Human Resources by striking on Page 3, line 15 the word "identify" and in serting in lieu thereof the following:
"identity"
On the adoption of the amdendment, the yeas were 35, nays 2, and the amendment was adopted.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 450 offered by the Senate Committee on Human Resources as follows:
Amend Section 88-1909c on Page 5, line 32, by inserting the following between the words "than" and "the":
"being the subject of a report,"
so as to read
"88-1909c. Retaliation prohibited. No person or facility shall discriminate or retaliate in any manner against any person for making a report or providing information pursuant to this Chapter or against any resident who is the subject of a report, but nothing herein shall be con strued to prohibit the termination of the relationship between the facility and the resident for reasons other than being the subject of a report, the making of such a report or providing of such information."

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

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On the adoption of the substitute, the yeas were 42, 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 Bell Bond Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Foster

Gillis Greene Holloway Horton Howard Hudson Johnson Kennedy Land Lester Littlefield McGill Overby Paulk

Those voting in the negative were Senators:

Barker

Kidd

Those not voting were Senators:

Barnes Brantley Broun of 46th Fincher of 52nd

Fincher of 54th Hill Hudgins

Reynolds Robinson Scott Starr Stephens Stumbaugh Suit on Tate Thompson Timmons Turner Tysinger Walker Wessels
Langford
Riley Russell Summers

On the passage of the bill, the yeas were 42, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 7:40 o'clock, P.M., the President announced the Senate adjourned until 9:30 o'clock A.M.tomorrow.

WEDNESDAY, FEBRUARY 20, 1980

1805

Senate Chamber, Atlanta, Georgia Wednesday, February 20, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Wessels of the 2nd moved that the Senate reconsider its action of Tuesday, February 19, in defeating the following bill of the Senate:

SB 579. By Senators Coverdell of the 40th, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Chapter 24A-6, relating to probation officers and other personnel under the Juvenile Court Code of Georgia, as amended, so as to delete provisions relating to probation officers being supplied by counties; to provide that juvenile probationers shall be supervised by circuit proba tion supervisors and other personnel under the statewide probation system.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bond Dean

Holloway Land Stumbaugh

Tate Thompson Timmons

Those voting in the negative were Senators:

Barker Brown of 47th Bryant Carter Cobb English Fincher of 52nd Fincher of 54th Foster

Greene Hill Horton Kennedy Kidd Langford Lester Littlef ield

McGill Overby Reynolds Riley Sutton Turner Walker Wessels

Those not voting were Senators:

Allgood Barnes Bell

Brantley Broun of 46th Coverdell

Eldridge Evans Gillis

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JOURNAL OF THE SENATE,

Howard Hudgins Hudson Johnson

Paulk Robinson Russell Scott

Starr Stephens Summers Tysinger

On the motion, the yeas were 9, nays 25; the motion was lost, and SB 579 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1719. By Representative Rainey of the 135th:
A bill to amend an Act creating a new charter for the,Town of Arabi in the County of Crisp, so as to change the date of annual municipal elections.

HB 1721. By Representatives Ramsey of the 3rd and 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 increase the salary of the clerk of the superior court.

HB 1723. By Representative Balkcom of the 140th:
A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the clerk of the board of commis-

HB 1724. By Representative Balkcom of the 140th:
A bill to abolish the office of treasurer of Early County; to provide for the clerk of the board of commissioners of Early County to possess and discharge the duties, powers, and functions heretofore performed by the county treasurer.
HB 1733. By Representative Collins of the 144th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary.

WEDNESDAY, FEBRUARY 20, 1980

1807

HB 1734. By Representative Collins of the 144th:
A bill to abolish the present method of compensating the tax commissioner of Mitchell County known as the fee system and provide in lieu thereof an annual salary for said officer.

HB 1735. By Representative Collins of the 144th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1736. By Representatives Wilson and Cooper of the 19th, Nix and Harrison of the 20th and others:
A bill to create the Cobb-Marietta Coliseum and Exhibit Hall Authority.

HB 1740. By Representatives Kilgore of the 65th and Johnson and Thomas of the 66th:
A bill to provide for the compensation of the members of the Board of Education of Douglas County.

HB 1743. By Representative Lord of the 105th:
A bill to amend an act providing a new charter for the Town of Harrison, so as to designate the mayor's court of the Town of Harrison as the recorder's court of the Town of Harrison.

HB 1745. By Representative Ralston of the 7th:
A bill to amend an Act creating a new Board of Education of Gordon Coun ty, so as to change the provisions relative to filling vacancies.

HB 1746. By Representative Ralston of the 7th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Gordon County upon an annual salary, so as to change the provisions relative to the compensation of said officers.

HB 1747. By Representative Ralston of the 7th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of said of ficer.
HB 1754. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to change the corporate limits of the town.

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JOURNAL OF THE SENATE,

HB 1755. By Representatives Padgett of the 86th, Connell of the 87th, Evans of the 84th and others:
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 1756. By Representative Adams of the 79th:
A bill to provide for the establishment of fire protection districts in Upson County, Georgia, pursuant to constitutional provisions relative thereto.

HB 1757. By Representative Adams of the 79th:
A bill to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, so as to allow, at the option of the governing authority of Upson County, Georgia, annual increases in compensation of the Judge of the Probate Court of Upson County.

HB 1762. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act providing for the election of members of the Oglethorpe County Board of Education, so as to change the eligibility re quirements of said members.

HB 1767. By Representative Reaves of the 147th:
A bill to amend an Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County, so as to change the supple ment which shall be paid.

HB 1768. By Representative Reaves of the 147th:
A bill to amend an Act establishing a Board of Commissioners of Echols County, so as to reconstitute said board of commissioners.

HB 1769. By Representative Chamberlin of the 73rd:
A bill to amend an Act known as the "Henry County Development Authori ty Act", so as to change certain definitions.

HB 1772. By Representatives Kemp of the 139th, Clifton of the 121st and Clifton of the 107th:
A bill to amend an Act to provide for a supplement to the compensation, ex penses, and allowances of the district attorney of the Atlantic Judicial Cir cuit, so as to authorize such supplements for the judges of the circuit.

WEDNESDAY, FEBRUARY 20, 1980

1809

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 726. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide that the members of the Hospital Authority of the City of St. Marys shall serve at the pleasure of the governing authority of the City of St. Marys.

HR 731. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to change the compensation of the Board of Tax Administrators for Catoosa County.

HR 730. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Jackson County; to provide for the appointment of the School Superintendent of the Jackson County School System.

HR 725. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by Douglas County a percentage of the value of certain buildings and other improvements of each manufactur ing or distributing establishment located in Douglas County; to limit the amount and duration of such exemption.

HR 724. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to empower the board of commissioners of Douglas County to adopt ordinances or regulations for the governing and policing of said county and to authorize the board of commissioners of said county to license and regulate businesses and to levy and collect license taxes on all persons, firms, and corporations doing business in the unincorporated areas of said county.

HR 728. 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 provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of the City of Valdosta shall be exempt from all ad valorem taxes levied by the City of Valdosta for the independent school district of the City of Valdosta, except to pay interest on and retire bonded indebtedness.

HR 729. By Representative Walker of the 115th: A resolution proposing an amendment to the Constitution so as to provide a

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JOURNAL OF THE SENATE,
homestead exemption of $8,000.00 from City of Perry ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his ad justed gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 exclusive of certain retirement, survivor, disability, and pension benefits.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1619. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend Code Section 91A-1337, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, so as to waive the requirement of the sheriff's written consent in certain counties when the tax collector or tax commissioner is acting in the county in which he holds of fice.

HB 1720. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to define the corporate limits.
HB 1365. By Representatives Buck of the 95th, Beal of the 28th, Dover of the 11th and others:
A bill to amend an Act entitled "The Act Creating the Public School Employees Retirement System", so as to authorize the board to adopt a method of providing for postretirement benefit adjustments.

HB 1577. By Representatives Buck of the 95th, Davis of the 99th, Scott of the 123rd and others:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt the purchase and sale of certain motor vehicles and trailers from sales and use taxation.

HB 1196. By Representatives Williamson of the 45th, Burruss of the 21st, Carrell of the 75th and others:
A bill to amend Code Section 91A-3607, relating to taxable net income for purposes of income taxation, so as to provide for an exclusion from taxable net income for certain dividend and interest income.

HB 1259. By Representative Castleberry of the 111 th:
A bill to amend Code Chapter 91A-99, relating to criminal violations of the Georgia Public Revenue Code, so as to provide that it is unlawful to know ingly convert funds collected from another pursuant to the Georgia Public Revenue Code with the intention to deprive the State of such funds.

WEDNESDAY, FEBRUARY 20, 1980

1811

HB 1406. By Representatives Galer of the 97th, Evans of the 84th, Culpepper of the 98th and Richardson of the 52nd:
A bill to amend Code Title 49, relating to guardians and wards, so as to revise, modernize, and supersede Code Chapter 49-6, relating to guardians of insane persons or persons otherwise mentally incapable of managing their estates.

HB 411. By Representatives Childs of the 51 st and Elliott of the 49th:
A bill to amend an Act regulating employment of children so as to allow the Commissioner of Labor to withdraw his consent for minors to be employed in certain jobs or undertakings under certain conditions.

HB 1040. By Representative Jones of the 126th:
A bill to amend an Act providing the procedures under which surplus State property shall be disposed of, so as to delete the requirement for a monthly report.

The House had adopted by the requisite constitutional majority the following resolutions of the House:
HR 574. By Representative Harris of the 8th: A resolution to authorize the State of Georgia, acting by and through the State Properties Commission, to release and convey an easement in certain property to the Louisville & Nashville Railroad Company.
HR 727. By Representative Pinkston of the 100th: A resolution authorizing the conveyance of certain State-owned property located in the City of Macon, Bibb County, Georgia.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 592. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd: A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Dalton Development Authority.
The House has passed by the requisite constitutional majority the following bill of the House:

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JOURNAL OF THE SENATE,

HB 803. By Representatives Kemp of the 139th, Tuten of the 153rd, Crawford of the 5th and others:
A bill to amend Code Title 26 known as the Criminal Code so as to make it unlawful to use or invest proceeds derived from a pattern of violations of the laws of this State relating to controlled substances, dangerous drugs, homicide, assaults, arsons, prostitution, robbery and theft, obstruction of law enforcement and justice, dangerous weapons and commercial gam bling.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 610. By Senator Hudson of the 3 5th:
A bill to provide a new charter for the City of Hapeville, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the mayor and city council; to provide for ad ministration; to provide for the recorder's court of the city government; to provide for elections. Referred to Committee on Community Affairs.

SB 611. By Sena tor Dean of the 31 st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said City, as amended, so as to change the provisions relating to millage rates, tax due dates, tax delinquency dates, tax bills, and interest after execution. Referred to Committee on Community Affairs.
SR 363. By Senators Hudson of the 35th, Riley of the 1st, Foster of the 50th and others:
A resolution proposing an amendment to the Constitution so as to levy a special one-half percent retail sales and use tax to offset the sales and use tax on food, prescription drugs, and residential utilities; to prohibit the State Department of Revenue from collecting sales and use taxes on food, prescription drugs, and residential utilities; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.
SR 364. By Senators Broun of the 46th, Allgood of the 22nd, Overby of the 49th and others:
A resolution creating the Senate No-Fault Insurance Study Committee. Referred to Committee on Banking, Finance and Insurance.

WEDNESDAY, FEBRUARY 20, 1980

1813

SR 366. By Senator Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to create the Rockmart Downtown Development Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; to repeal a specific provision of the Constitution; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Community Affairs.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 411. By Representatives Childs of the 51 st and Elliott of the 49th:
A bill to amend an Act regulating employment of children so as to allow the Commissioner of Labor to withdraw his consent for minors to be employed in certain jobs or undertakings under certain conditions. Referred to Committee on Industry, Labor and Tourism.

HB 803. By Representatives Kemp of the 139th, Tuten of the 153rd, Crawford of the 5th and others:
A bill to amend Code Title 26 known as the Criminal Code so as to make it unlawful to use or invest proceeds derived from a pattern of violations of the laws of this State relating to controlled substances, dangerous drugs, homicide, assaults, arsons, prostitution, robbery and theft, obstruction of law enforcement and justice, dangerous weapons and commercial gam bling.
Referred to Committee on Special Judiciary.

HB 1040. By Representative Jones of the 126th:
A bill to amend an Act providing the procedures under which surplus State property shall be disposed of, so as to delete the requirement for a monthly report. Referred to Committee on Governmental Operations.

HB 1196. By Representatives Williamson of the 45th, Burruss of the 21st, Carrell of the 75th and others:
A bill to amend Code Section 91A-3607, relating to taxable net income for purposes of income taxation, so as to provide for an exclusion from taxable net income for certain dividend and interest income.
Referred to Committee on Banking, Finance and Insurance.

HB 1259. By Representative Castleberry of the 111 th:
A bill to amend Code Chapter 91A-99, relating to criminal violations of the Georgia Public Revenue Code, so as to provide that it is unlawful to know-

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JOURNAL OF THE SENATE,

ingly convert funds collected from another pursuant to the Georgia Public Revenue Code with the intention to deprive the State of such funds.
Referred to Committee on Banking, Finance and Insurance.

HB 1365. By Representatives Buck of the 95th, Beal of the 28th, Dover of the 11th and others:
A bill to amend an Act entitled "The Act Creating the Public School Employees Retirement System", so as to authorize the board to adopt a method of providing for postretirement benefit adjustments.
Referred to Committee on Retirement.

HB 1406. By Representatives Galer of the 97th, Evans of the 84th, Culpepper of the 98th and Richardson of the 52nd:
A bill to amend Code Title 49, relating to guardians and wards, so as to revise, modernize, and supersede Code Chapter 49-6, relating to guardians of insane persons or persons otherwise mentally incapable of managing their estates.
Referred to Committee on Judiciary.

HB 1619. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend Code Section 91A-1337, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, so as to waive the requirement of the sheriff's written consent in certain counties when the tax collector or tax commissioner is acting in the county in which he holds office.
Referred to Committee on Banking, Finance and Insurance.

HB 1720. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to define the corporate limits. Referred to Committee on Community Affairs.

HB 1719. By Representative Rainey of the 135th:
A bill to amend an Act creating a new charter for the Town of Arabi in the County of Crisp, so as to change the date of annual municipal elections. Referred to Committee on Community Affairs.

HB 1721. By Representatives Ramsey of the 3rd and 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 increase the salary of the clerk of the superior Court. Referred to Committee on Community Affairs.

WEDNESDAY, FEBRUARY 20, 1980

1815

HB 1723. By Representative Balkscom of the 140th:
A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the clerk of the board of commis sioners. Referred to Committee on Community Affairs.

HB 1724. By Representative Balkcom of the 140th:
A bill to abolish the office of treasurer of Early County; to provide for the clerk of the board of commissioners of Early County to possess and discharge the duties, powers, and functions heretofore performed by the county treasurer. Referred to Committee on Community Affairs.
HB 1733. By Representative Collins of the 144th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on Community Affairs.

HB 1734. By Representative Collins of the 144th:
A bill to abolish the present method of compensating the tax commissioner of Mitchell County known as the fee system and provide in lieu thereof an annual salary for said officer. Referred to Committee on Community Affairs.

HB 1735. By Representative Collins of the 144th: A bill to abolish the present mode of compensating the judge of the Probate Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Community Affairs.
HB 1736. By Representatives Wilson and Cooper of the 19th, Nix and Harrison of the 20th and others: A bill to create the Cobb-Marietta Coliseum and Exhibit Hall Authority.
Referred to Committee on Community Affairs.

HB 1740. By Representatives Kilgore of the 65th and Johnson and Thomas of the 66th:
A bill to provide for the compensation of the members of the Board of Education of Douglas County. Referred to Committee on Community Affairs.

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JOURNAL OF THE SENATE,

HB 1743. By Representative Lord of the 105th:
A bill to amend an Act providing a new charter for the Town of Harrison, so as to designate the mayor's court of the Town of Harrison as the recorder's court of the Town of Harrison. Referred to Committee on Community Affairs.

HB 1745. By Representative Ralston of the 7th:
A bill to amend an Act creating a new Board of Education of Gordon Coun ty, so as to change the provisions relative to filling vacancies. Referred to Committe on Community Affairs.

HB 1746. By Representative Ralston of the 7th:
A bill to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Gordon County upon an annual salary, so as to change the provisions relative to the compensation of said officers. Referred to Committee on Community Affairs.

HB 1747. By Representative Ralston of the 7th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of said of ficer.
Referred to Committee on Community Affairs.

HB 1754. By Representatives Ramsey of the 3rd and Williams and Foster of the 6th:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to change the corporate limits of the town. Referred to Committee on Community Affairs.

HB 1755. By Representatives Padgett of the 86th, Connell of the 87th, Evans of the 84th and others:
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.
Referred to Committee on Community Affairs.

HB 1756. By Representative Adams of the 79th:
A bill to provide for the establishment of fire protection districts in Upson County, Georgia, pursuant to constitutional provisions relative thereto. Referred to Committee on Community Affairs.

WEDNESDAY, FEBRUARY 20, 1980

1817

HB 1757. By Representative Adams of the 79th:
A bill to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, so as to allow, at the option of the governing authority of Upson County, Georgia, annual increases in compensation of the Judge of the Probate Court of Upson County. '
Referred to Committee on Community Affairs.

HB 1762. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act providing for the election of members of the Oglethorpe County Board of Education, so as to change the eligibility re quirements of said members. Referred to Committee on Community Affairs.

HB 1767. By Representative Reaves of the 147th:
A bill to amend an Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County, so as to change the supple ment which shall be paid. Referred to Committee on Community Affairs.

HB 1768. By Representative Reaves of the 147th:
A bill to amend an Act establishing a Board of Commissioners of Echols County, so as to reconstitute said board of commissioners. Referred to Committee on Community Affairs.

HB 1769. By Representative Chamberlin of the 73rd:
A bill to amend an Act known as the "Henry County Development Authori ty Act", so as to change certain definitions. Referred to Committee on Community Affairs.
HB 1772. By Representatives Kemp of the 139th, Clifton of the 121st and Clifton of the 107th:.
A bill to amend an Act to provide for a supplement to the compensation, ex penses and allowances of the district attorney of the Atlantic Judicial Cir cuit, so as to authorize such supplements for the judges of the circuit. Referred to Committee on Community Affairs.
HR 730. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide for the election of members for the Board of Education of Jackson County; to provide for the appointment of the School Superintendent of the Jackson County School System. Referred to Committee on Community Affairs.

1818

JOURNAL OF THE SENATE,

HR 725. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by Douglas County a percentage of the value of certain buildings and other improvements of each manufactur ing or distribution establishment located in Douglas County; to limit the amount and duration of such exemption.
Referred to Committee on Community Affairs.

HR 724. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to empower the board of commissioners of Douglas County to adopt ordinances or regulations for the governing and policing of said county and to authorize the board of commissioners of said county to license and regulate businesses and to levy and collect license taxes on all persons, firms and corporations doing business in the unincorporated areas of said county.
Referred to Committee on Community Affairs.

HR 728. 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 provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of the City of Valdosta shall be exempt from all ad valorem taxes levied by the City of Valdosta for the independent school district of the City of Valdosta, except to pay interest on and retire bonded indebtedness.
Referred to Committee on Community Affairs.

HR 729. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from City of Perry ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his ad justed gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $ 10,000.00, exclusive of certain retirement, survivor, disability and pension benefits.
Referred to Committee on Community Affairs.

HR 726. By Representatives Smith and Moore of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide that the members of the Hospital Authority of the City of St. Marys shall serve at the pleasure of the governing authority of the City of St. Marys. Referred to Committee on Community Affairs.

WEDNESDAY, FEBRUARY 20, 1980

1819

HR 731. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution proposing an amendment to the Constitution so as to change the compensation of the Board of Tax Administrators for Catoosa County. Referred to Committee on Community Affairs.

HR 574. By Representative Harris of the 8th:
A resolution to authorize the State of Georgia, acting by and through the State Properties Commission, to release and convey an easement in certain property to the Louisville & Nashville Railroad Company. Referred to Committee on Public Utilities.

HR 727. By Representative Pinkston of the 100th:
A resolution authorizing the conveyance of certain State-owned property located in the City of Macon, Bibb County, Georgia. Referred to Committee on Public Utilities.

HB 1577. By Representatives Buck of the 95th, Davis of the 99th, Scott of the 123rd and others:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt the purchase and sale of certain motor vehicles and trailers from sales and use taxation.

Senator Hudgins of the 15th moved that HB 1577 be engrossed.

On the motion, the yeas were 27, nays 3; the motion prevailed, and HB 1577 was engrossed.

Referred to Committee on Banking, Finance and Insurance. The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 599. Do pass. SB 600. Do pass. SB 601. Do pass.

1820

JOURNAL OF THE SENATE,

SB 602. Do pass. SB 604. Do pass. SB 606. Do pass. SB 607. Do pass. SB 608. Do pass. SB 609. Do pass. HB 1320. Do pass. HB 1324. Do pass by substitute. HB 1325. Do pass by substitute. HB 1326. Do pass by substitute. HB 1424. Do pass. HB 1484. Do pass. HB 1501. Do pass. HB 1503. Do pass. HB 1507. Do pass. HB 1517. Do pass. HB 1551. Do pass. HB 1556. Do pass. HB 1661. Do pass by substitute. HB 1662. Do pass. HB 1663. Do pass. HB 1682. Do pass. HB 1685. Do pass. HB 1689. Do pass HB 1690. Do pass. HB 1691. Do pass. SR 343. Dopass. SR 348. Dopass. HR 625. Dopass. HR 676. Dopass.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

WEDNESDAY, FEBRUARY 20, 1980

1821

Mr. President:

Your Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 353. Do pass. SR 358. Do pass. HB 1294. Do pass. HB 1459. Do pass. HB 1463. Do pass.
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 and resolution of the House and Senate and has in structed me to report the same back to the Senate with the following recommendations:
HB 787. Do pass. SR 356. Do pass.
Respectfully submitted, . Senator Gillis of the 20th District, Chairman

Mr. President:
Your Committee on Rules has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 219. Do pass as amended. SR 352. Do pass as amended. HB 1088. Do pass. HB 1281. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

1822

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Transportation has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 682. 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 556. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to provide for the creation of the Capital City Safety Assistance Com mittee; to provide for the purpose of the Committee; to provide for the membership of the Committee; to provide for local government account ability to the Committee.
HB 1159. By Representatives Swann of the 90th, Daniel of the 88th, Dent of the 85th and Connell of the 87th:
A bill to amend Code Chapter 91A-13, relating to county tax officials and administrative procedures, so as to authorize ad valorem taxing jurisdic tions in each county having a population of not less than 145,000 and not more than 165,000, to establish the rate of interest and penalty to be charg ed with respect to delinquent tax collections.
HB 1182. By Representative Swann of the 90th:
A bill to amend Code Section 67-2003, relating to mechanics' liens on cer tain personal property, so as to change the period of time within which cer tain claims of lien must be filed for record.
HB 1208. By Representatives Johnston of the 56th, Mangum of the 56th, Vandiford of the 53rd and others:
A bill to provide that in all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census, certain unac companied minors shall be prohibited from entering certain business establishments primarily engaged in the retail sale of alcoholic beverages in unbroken packages and to prohibit such establishments from permitting the entrance of such minors.

WEDNESDAY, FEBRUARY 20, 1980

1823

HB 1319. By Representative Connell of the 87th:
A bill to amend the Charter of the City of Augusta, Georgia, so as to authorize an increase in certain employees' pension fund contributions to the Augusta Employees' Retirement System.

HB 1364. By Representative Coleman of the 118th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that death benefits paid in the form of an annuity for the re maining life of the surviving spouse of an active member sheriff who dies before having terminated his official capacity and service as a sheriff shall be paid in lieu of a return of dues to the member sheriff's spouse.

HB 1470. By Representative Gammage of the 17th:
A bill to amend Code Chapter 21-1, relating to coroners in general, so as to provide for deputy coroners and their appointment and compensation.

HB 1530. By Representative Connell of the 87th: A bill to amend the Charter of the City of Augusta.

HB 1624. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Pro bate Court of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the judge of the probate court.

HB 1625. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk; to authorize the clerk to participate in the Group Retirement and Hospitalization Benefit programs.

HB 1626. By Representative Vaughn of the 57th:
A bill to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the powers of the court; to change the time within which the clerk is required to remit fines and forfeitures.

HB 1627. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner.

1824

JOURNAL OF THE SENATE,

HB 1628. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to authorize the tax commissioner to participate in the Group Retirement and Hospitalization Benefit programs.

HB 1629. By Representative Vaughn of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an an nual salary, so as to change the compensation of the sheriff; to authorize the sheriff to participate in the Group Retirement and Hospitalization Benefit programs.

HB 1630. 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 compensation of the chairman and the other members of the board of commissioners.

HB 1650. By Representative Lord of the 105th:
A bill to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of members of the town council.

HB 1651. By Representative Lord of the 105th:
A bill to amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the secretaries in the sheriff's office.

HB 1652. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to provide for the compensation and expenses of the Coroner of Claytoh County; to provide for a deputy coroner and for his compensation.

HB 1653. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to repeal an Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the United States decennial census of 1970 or any future such census.

HB 1654. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the provisions relative to the compensation of the Chairman and other members of the Board of Commissioners.

WEDNESDAY, FEBRUARY 20, 1980

1825

HB 1655. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said of ficer.

HB 1656. By Representatives Johnson, Benefield, Wood and Lee of the 72nd: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner.
HB 1657. By Representatives Johnson, Benefield, Lee and Wood of the 72nd: A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.
HB 1658. By Representatives Johnson, Benefield, Lee and Wood of the 72nd: A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court; to change the provisions relative to the compensation of the solicitor of said court.
HB 1659. By Representatives Johnson, Benefield, Lee and Wood of the 72nd: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the State salary of said judges.
HB 1660. By Representatives Johnson, Benefield, Lee and Wood of the 72nd: A bill to amend an Act providing for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

HB 1673. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Board of Commissioners for Troup Coun ty, so as to change certain provisions relating to compensation.

HR 525. By Representatives Cheeks of the 89th, Padgett of the 86th, Daniel of the 88th and others:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County.

1826

JOURNAL OF THE SENATE,

HR 543. By Representatives Childs of the 51st, Richardson of the 52nd, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Decatur to permit certain residents of the city to defer a portion of the city ad valorem taxes due on their homesteads.

HR 570. By Representative Connell of the 87th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who are under the age of 65 in the amount of two thousand dollars ($2,000.00), or such greater amount as is equal to the homestead exemption from ad valorem taxation in Richmond County, Georgia.
HR 586. By Representative Colwell of the 4th:
A resolution authorizing the grant of an easement and the leasing of certain tracts of land in Black Rock Mountain State Park.

HR 621. By Representative Colwell of the 4th:
A resolution authorizing the conveyance by the State of Georgia, acting by and through the State Properties Commission, of certain real prpperty own ed by the State of Georgia.

HR 631. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Rockdale County Public Facilities Authority.

HR 643. By Representatives Dover of the 11th, Twiggs and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that for the purposes of White County and White County School District ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be increased to $ 10,000.00.

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 594. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act abolishing the fee system mode of compensating the clerk of the Superior Court and the judge of the Probate Court of Glynn County and placing said officers on an annual salary, as amended, so as to change the yearly cost-of-living increase.

WEDNESDAY, FEBRUARY 20, 1980

1827

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 597. By Senator Walker of the 19th:
A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, as amended, so as to vest fee simple title of certain city streets and alleys in the City of Helena.

The report 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 1038. By Representatives Gignilliat of the 122nd, Chance of the 129th and Battle of the 124th:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1643. By Representative Clifton of the 121st:
A bill to amend an Act incorporating the City of Lyons, so as to provide for filling vacancies on the council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

1828

JOURNAL OF THE SENATE,

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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge
English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Langford Lester
Littlefield McGill

Overby Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger
Walker Wessels

Those not answering were Senators:

Ballard Greene Howard

Johnson Paulk

Summers (hospitalized) Sutton

Senator Langford of the 51st introduced the chaplain of the day, Reverend Ed Padgett, pastor of the First Methodist Church, Calhoun, Georgia, who offered Scrip ture reading and prayer.

Senator Turner of the 8th introduced Mrs. Emma Stevens, Georgia's Teacher of the Year, who briefly addressed the Senate.

The following resolutions of the Senate were read and adopted:

SR 362. By Senator Hill of the 29th: A resolution recognizing the Troup Travelers.

SR 365. By Senators Bell of the 5th, Hudgins of the 15th, Howard of the 42nd and Greene of the 26th:
A resolution commending Senator Richard W. Littlefield.

WEDNESDAY, FEBRUARY 20, 1980

1829

SR 367. By Senators Gillis of the 20th, Kidd of the 25th, and fifty-three other Senators:
A resolution paying tribute to Honorable Carl Vinson.

SR 368. By Senator Foster of the 50th:
A resolution expressing appreciation for the services of Harvey and Fran Adams.

SR 369. By Senator Foster of the 50th: A resolution commending Claude H. Marcus.

SR 370. By Senator Foster of the 50th: A resolution commending Steve Baxter.
SR 371. By Senator Foster of the 50th: A resolution recognizing and honoring Samuel Lee Pitts. SENATE RULES CALENDAR
Wednesday, February 20, 1980
THIRTY-SECOND LEGISLATIVE DAY
SB 595. Workers' Compensation Insurers--filing rates, rating plans, policy (BF&I-2nd)
SB 570. State Agency Liability Insurance--organized militia members (SUBSTITUTE) (D&VA-35th)
SB 596. Public Accountancy Act--authorize inactive status licenses (Judy--4th)
SB 298. Attachment--judicial supervision and approval certain affidavits (Judy--42nd)
SB 459. Aged and Incapacitated Teachers' Retirement Board of Trustees-- composition (SUBSTITUTE) (Ret--54th)
SB 584. Person Providing Free Equipment to Political Subdivision--no civil liability (D&VA-35th)
SR 321. "Amendment to Leases"--authorizing amendment (Pub U--41 st) SR 340. Senate Bonded Indebtedness Study Committee--create (Rules--5th) SR 339. Henry County--urging transfer of State-owned real property (Pub
U--17th) HB 1245. Burial of Paupers--increase amount county may expend (App--46th) HB 1506. Douglas Judicial Circuit--create (Judy--31 st)

1830

JOURNAL OF THE SENATE,

HB 1409. Condominium Act--define "conversion condominium" (SUB STITUTE) (S Judy--33rd)

HB 708. Loans--change legal rate of interest (BF&I--22nd)

HB 1083. Certain Occupational, Income, Payroll Tax--prohibit cities imposing (BF&I--44th)

HB 906. Motor Vehicle Sales Finance Act--change limitations on finance charges (SUBSTITUTE) (BF&I- 20th)

HB 1260. Development Authorities Law--"project" include nursing homes (IL&Tou-29th)

HB 1390. Educational Facilities Construction Reserve--revenue collections from State surplus (App--46th)

HB 1564. Paper Stock Used for Certain Purposes--sales tax exempt (BF&I-23rd)

HB 1271. HB 1317.

Federal Intergovernmental Cooperation Act--area planning and development commission authority (CA-G--31st)
Insurance Code--content of contract considered "property in surance" (BF&I-- 15th)

HB 1416. Adequate Program for Education in Georgia--instructional media and maintenance (SUBSTITUTE) (Ed--44th)

HB 1672. Person to Compile Acts of General Assembly--maximum amount paid (Gov Op--25th)

HB 1487. Policemen, Firemen, Prison Guards--taxability on indemnification for death (BF&I--15th)

HB 1193. Revenue Bond Law--define "revenue" (Judy--26th)

Respectfully submitted,

1st Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 595. By Senator Wessels of the 2nd: A bill to amend Code Section 56-522.1, relating to the filing by insurers of rates, rating plans, rating systems, and underwriting rules, as amended, so as to provide that workers' compensation insurers must file their rates, rating plans, rating systems, underwriting rules, and policy or bond forms used or proposed to be used by them.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 20, 1980

1831

On the 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 Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land McGill

Overby Paulk Reynolds Robinson Russell Scott Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Holloway Hudgins Langford

Lester Littlefield Riley Starr

Stephens Summers Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 570. By Senators Hudson of the 35th, Russell of the 10th and Hudgins of the 15th:
A bill to amend an Act providing for programs of liability insurance or con tracts of indemnity for State agencies, as amended, so as to provide that such programs may be extended to certain members of the organized militia; to provide the procedures connected therewith.

The Senate Committee on Defense and Veterans Affairs offered the following substitute to SB 570:
A BILL
To be entitled an Act to amend an Act providing for programs of liabili ty insurance or contracts of indemnity for State agencies, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, so as to provide that such programs may be extended to certain members of the organized militia; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

1832

JOURNAL OF THE SENATE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for programs of liability insurance or con tracts in indemnity for State agencies, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, is hereby amended by adding between Sections 1 and 2 a new Section 1A to read as follows:
"Section 1A. Members of the organized militia who are serving on State active duty upon orders of the Governor may be provided protec tion against personal liability for damages sustained by third parties and arising out of the performance of such member's duties while serving on State active duty. At the option of The Adjutant General, members of the organized militia who are performing their duties in connection with domestic action projects may also be provided protection against per sonal liability for damages sustained by third parties arising out of the performance of such member's duties. The Commissioner shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the Commissioner pursuant to the pro visions of this Act to provide such protection."
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:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson

Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott

WEDNESDAY, FEBRUARY 20, 1980

Starr Stumbaugh Sutton

Tate Timmons Tysinger

Those not voting were Senators:

Bell Broun of 46th Fincher of 52nd Holloway

Land Langford Littlefield Stephens

Walker Wessels
Summers Thompson Turner

On the passage of the bill, the yeas were 44, nays 0.

1833

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 596. By Senator Kennedy of the 4th:
A bill to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977" so as to authorize inactive status licenses under certain cir cumstances; to provide for an extension of time for compliance with certain requirements; to provide for other matters relative to the foregoing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Brantley
Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 54th Foster Gillis Greene Hill
Horton Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott
Starr Stumbaugh Sutton Tate Thompson Tysinger Walker Wessels

1834

JOURNAL OF THE SENATE,

Those not voting were Senators:

Barnes Fincher of 52nd Holloway Johnson

Land Langford Littlefield Stephens

On the passage of the bill, the yeas were 44, nays 0.

Summers Timmons Turner

The bill, having received the requisite constitutional majority, was passed.

SB 298. By Senator Howard of the 42nd:
A bill to amend Code Title 8, relating to attachment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made; to provide for certain determinations regarding the contents of cer tain affidavits; to provide for the promulgation of certain rules.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant Carter Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Greene Hill
Holloway Horton Howard Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Cobb Gillis Hudgins

Johnson Land Stephens

Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Tysinger Walker Wessels
Summers Turner

WEDNESDAY, FEBRUARY 20, 1980 On the passage of the bill, the yeas were 47, nays 0.

1835

The bill, having received the requisite constitutional majority, was passed.

Senator Howard of the 42nd moved that SB 298 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 298 was im mediately transmitted to the House.

Senator Starr of the 44th assumed the Chair at the direction of the President.

SB 459. By Senators Fincher of the 54th, Gillis of the 20th, Broun of the 46th and others:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Member ship in said system; to provide for a Board of Trustees of said system and for the administration of its affairs", as amended, so as to change the provisions relative to the composition of the Board of Trustees; to provide an effective date.

The following fiscal notes, as required by law, were read-by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 31, 1980

SUBJECT: Fiscal Note - Senate Bill 459 Teachers' Retirement System

This Bill would increase the number of members on the Board of Trustees of the Retirement System from 10 to 12. The Treasurer of the Board of Regents of the University System of Georgia would be made an ex-officio member and the Board of Regents would be allowed to appoint an addi tional employee as a member. This Bill would also require that vacancies in

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appointed or elected positions on the Board of Trustees be filled by the ap propriate appointive or elective body.
This Bill would cost the Teachers' Retirement System approximately $1,800 in per diem and travel expenses for fiscal year 1981.

Is/ William M. Nixon State Auditor

/s/ c. T. Stevens Director Office of Planning and Budget

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Frank Sutton, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 12, 1980

SUBJECT: Fiscal Note - Senate Bill 459 (Committee Substitute) Teachers' Retirement System

This Bill would increase the number of members on the Board of Trustees of the Retirement System from 10 to 12. The Treasurer of the Board of Regents of the University System of Georgia would be made an ex-officio member of the Board of Trustees. This Bill does not address the method to be used to fill the second additional trustee position that would be created. This Bill would also require that the Governor's appointee to the Board of Trustees be an official or employee of the Office of Planning and Budget having actuarial experience. This Bill would also require that vacancies in appointed or elected positions on the Board of Trustees be filled by the ap propriate appointive or electrie body.

This Bill would cost the Teachers' Retirement System approximately $1,800 in per diem and travel expenses for fiscal year 1981, assuming both of the created trustee positions would be filled.

/s/ William M. Nixon State Auditor

/s/ C. T. Stevens Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 459:

A BILL

To be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public

WEDNESDAY, FEBRUARY 20, 1980

1837

Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 3, 1965 (Ga. Laws 1965, p. 112), and by an Act ap proved March 29, 1971 (Ga. Laws 1971, p. 226), and by an Act approved April 17, 1975 (Ga. Laws 1975, p. 495), so as to change the provisions relative to the composition of the Board of Trustees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Member ship in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal con flicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 3, 1965 (Ga. Laws 1965, p. 112), and by an Act approved March 29, 1971 (Ga. Laws 1971, p. 226), and by an Act approved April 17, 1975 (Ga. Laws 1975, p. 495) is hereby amended by striking from the.beginning of subsec tion (2) of section 6 the following:
"The Board of Trustees shall consist of ten trustees as follows:",
and inserting in lieu thereof the following:
"The Board of Trustees shall consist of twelve trustees as follows:".
Section 2. Said Act is further amended by striking in its entirety paragraph (c) of subsection (2) of section 6, which reads as follows:
"(c) The Executive Secretary of the Georgia Association of Educators, ex officio, and the Associate Executive Secretary of the Georgia Association of Educators, ex officio.",
and by inserting in lieu thereof a new paragraph (c) to read as follows:
"(c) The Executive Secretary of the Georgia Association of Educators, ex officio, the Associate Executive Secretary of the Georgia Association of Educators, ex officio, and the Treasurer of the Board of Regents of the University System of Georgia, ex officio.".
Section 3. Said Act is further amended by striking in its entirety paragraph (f) of subsection (2) of section 6, which reads as follows:
"(f) One member appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years.",

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and by inserting in lieu thereof a new paragraph (f) to read as follows:
"(f) One member, who shall be an official or employee of the Office of Planning and Budget having actuarial experience, appointed by the Governor for an initial and subsequent terms of three years."
Section 4. Said Act is further amended by striking the word "tenth" where it appears in paragraph (h) of subsection (2) of section 6 and inserting in lieu thereof the word "twelfth".
Section 5. Said Act is further amended by striking the word "eight" where it appears in paragraph (h) of subsection (2) of section 6 and inserting in lieu thereof the word "eleven".
Section 6. Said Act is further amended by striking in its entirety subsec tion (3) of section 6, which reads as follows:
"(3) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term by the remaining trustees.",
and by inserting in lieu thereof a new subsection (3) to read as follows:
"(3) If a vacancy occurs in the office of a trustee appointed or elected to that office, then the authority appointing or electing the vacating trustee shall appoint or elect a person to fill the unexpired term of the vacating trustee pursuant to the conditions specified in this Section under which the vacating trustee was appointed or elected."
Section 7. The additional ex officio member of the Board of Trustees of the Teachers Retirement System provided for by quoted paragraph (c) of Section 2 of this Act shall take office on the first day of the month im mediately following the month during which this Act is approved by the Governor or during which it otherwise becomes law. The member first ap pointed by the Governor pursuant to quoted paragraph (f) of Section 3 of this Act shall be appointed as specified by said quoted paragraph (f) upon the expiration of the term of office of the Governor's appointee holding of fice on the effective date of this Act.
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 Coverdell of the 40th offered the following amendment:
Amended the substitute to SB 459 offered by the Senate Committee on Retirement by striking the word "twelve" on Page 2, line 9 and inserting the word "eleven", and
by striking the word "twelfth" on Page 3, line 10 and inserting the word "eleventh".

WEDNESDAY, FEBRUARY 20, 1980

1839

On the adoption of the amendment, the yeas were 31, nays 2, and the amendment was adopted.

On the adoption of the substitute, 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 Bell Brantley Broun of 46th Bryant Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Gillis Holloway Horton Hudson Johnson Kennedy Land Langford Lester McGill Overby

Those voting in the negative were Senators:

Allgood Ballard Bond Carter

Dean Foster Greene Kidd

Those not voting were Senators:

Brown of 47th Hill Howard

Hudgins Starr (presiding)

Paulk Reynolds Riley Robinson Russell Scott Stumbaugh Sutton Thompson Turner Tysinger Walker
Littlefield Stephens Tate Timmons
Summers Wessels

On the adoption of the substitute, the yeas were 36, nays 12, 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:

Barker Barnes Bell

Brantley Broun of 46th Bryant

Cobb Coverdell English

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Evans Fincher of 52nd Fincher of 54th Gillis Hill Holloway Hudson Kennedy Land

Langford Lester McGill Overby Paulk Reynolds Riley Robinson

Those voting in the negative were Senators:

Allgood Ballard Bond Carter Dean

Eldridge Foster Greene Hudgins Johnson

Those not voting were Senators:

Brown of 47th Horton

Howard Starr (presiding)

On the passage of the bill, the yeas were 34, nays 15.

Russell Scott Stumbaugh Sutton Thompson Turner Tysinger Walker
Kidd Littlefield Stephens Tate Timmons
Summers Wessels

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Fincher of the 54th moved that SB 459 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 1; the motion prevailed, and SB 459 was im mediately transmitted to the House.

Senator Dean of the 31st introduced a doctor of the day, Dr. Frank Green, of Villa Rica, Georgia; and

Senator Johnson of the 34th introduced a doctor of the day, Dr. Delutha King, of Atlanta, Georgia.

The following bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

WEDNESDAY, FEBRUARY 20, 1980

1841

SB 584. By Senator Hudson of the 35th:
A bill to relieve from civil liability any person who provides equipment at no cost to the State or to any political subdivision of the State during an emergency or disaster situation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Land Langford McGill Paulk

Reynolds Riley Robinson Russell Scott Stumbaugh Sutton Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Ballard Barnes Bond

Brown of 47th Evans Howard Johnson

Lester Overby Stephens

Those not voting were Senators:

Holloway Hudgins Littlefield

Starr (presiding) Summers

Thompson Wessels

On the passage of the bill, the yeas were 37, nays 11.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 584.

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SR 321. By Senators Tysinger of the 41st, Reynolds of the 48th and Brown of the 47th:
A resolution authorizing the amendment of that certain "Amendment to Leases" ("Consolidated Lease") entered into on April 25, 1974, by and be tween the State of Georgia and Consolidated Atlanta Properties, Ltd; to modify certain provisions relating to removal or demolishment of Special Improvements; modifying certain provisions relating to time limits for the repair or replacement of damaged or destroyed buildings and the priority among defined leasehold mortgages and further specifies certain property descriptions and applicability of the involved Amended Lease to designated successors and assigns.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call 'was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway Hudgins

Littlefield Russell

Starr (presiding) Summers

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 20, 1980

1843

SR 340. By Senator Bell of the.5th: A resolution creating the Senate Bonded Indebtedness Study Committee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels

Those not voting were Senators:

Bond Dean
Holloway

Land Russell

Starr (presiding) Summers

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 339. By Senators Horton of the 17th, Gillis of the 20th, Walker of the 19th and others:
A resolution authorizing and urging the transfer of certain State-owned real property located in Henry County from the custody and control of the Department of Offender Rehabilitation to the Department of Natural Resources.

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The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Eldridge English

Fincher of 54th Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby

Paulk Reynolds Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell Dean Evans Fincherof 52nd Holloway

Howard Hudgins Johnson Land Riley

Robinson Russell Starr (presiding) Summers

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1245. By Representatives Mangum of the 56th, Vandiford of the 53rd, Clark of the 55th and others:
A bill to amend Code Section 23-2304, relating to appropriations for burial of paupers, so as to increase the amount a county may expend for the burial of a pauper.
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:

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1845

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Coverdell Fincher of 52nd

Holloway Littlefield Riley

Russell Starr (presiding) Summers

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.
HB 1506. By Representatives Murphy of the 18th, Burruss of the 21st, Cooper of the 19th and others: A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas. Senate Sponsor: Senator Dean of the 31st.
The report of the committee, which was favorable to the 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 Barker Barnes Bell Bond Brantley Broun of 46th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill

Those not voting were Senators:

Brown of 47th Holloway Hudgins

Johnson Riley Starr

Overby Paulk Reynolds Robinson Russell Scott Stephens Stumbaugh Sutton Thompson Timmons Turner Tysinger Walker Wessels
Summers Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following 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 690. By Representatives Smith of the 152nd, Cheeks of the 89th, Hasty of the 8th and others:
A bill to assure academic freedom by requiring the teaching and presenta tion of scientific creationism in public schools if the theory of evolution is taught; to provide for definitions; to provide for requirements of subject matter, curricula, course guides, course outlines, and other administrative curricular matter; to provide for textbooks and teaching materials; to pro vide an effective date; to repeal conflicting laws.

WEDNESDAY, FEBRUARY 20, 1980

1847

HB 1173. By Representatives Glover of the 32nd, Savage of the 25th and Holmes of the 39th:
A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure of certain actions by registered agents; to provide for a declaration of policy; to require certain registered agents to file certain reports; to repeal conflicting laws.

HB 1542. By Representative Walker of the 115th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, so as to provide authority to municipalities to adopt by reference certain offenses contained under such Act; to repeal conflicting laws.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1409. By Representatives Hatcher of the 131st, Childs of the 51st, Steinberg of the 46th and others:
A bill to amend an Act known as the "Georgia Condominium Act", so as to provide a definition of "conversion condominium"; to limit the applicabili ty of local ordinances, regulations, and building codes; to provide for notice to and rights of tenants in the case of conversion condominiums.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Special Judiciary offered the following substitute to HB 1409:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Con dominium Act," approved April 18, 1975 (Ga. Laws 1975, p. 609), so as to provide a definition of "conversion condominium"; to limit the applicabili ty of local ordinances, regulations, and building codes; to change the provi sions relating to the information to be included in the plans and certifica tions required to be recorded prior to the first conveyance of a condominium unit; to provide for notice to and rights of tenants in the case of conversion condominiums; to add to the items of information to be furnished to a pro spective purchaser in the case of conversion condominiums; to change cer tain provisions relating to required contract text in the case of conversion condominiums; to provide for other matters relative to the foregoing; 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 known as the "Georgia Condominium Act," approv ed April 18, 1975 (Ga. Laws 1975, p. 609), is hereby amended by adding a new subsection at the end of Section 3 thereof, relating to definitions, to be designated subsection (bb), to read as follows:

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"(bb) 'Conversion condominium' means a condominium all or part of which may be used for residential purposes containing any building or portion thereof that at any time before recording of the declaration was occupied wholly or partially by persons other than person who, at the time of such recording, had contractual rights to acquire one or more units within the condominium."
Section 2. Said Act is further amended by striking in its entirety Section 5 thereof, relating to land use, zoning, building, and subdivision laws, which reads as follows:
"Section 5. Land Use, Zoning, Building and Subdivision Laws. No subdivision law, ordinance or regulation shall apply to any subdivision of any convertible space or unit as defined in this Act. Notwithstanding the foregoing provisions of this section, however, nothing contained in this section shall be construed to amend, supersede or invalidate any pro vision of the Georgia Land Sales Act of 1972, as the same may be amend ed, nor shall section 28 hereof be construed to override any lawful densi ty requirement imposed by any zoning, building or land use law, or dinance or regulation.",
and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Land Use, Zoning, Building and Subdivision Laws. No zoning, subdivision, building code or other real estate use law, ordinance or regulation shall prohibit the condominium form of ownership or im pose any requirement upon a condominium which it does not impose upon a physically identical development under a different form of owner ship. No subdivision law, ordinance or regulation shall apply to any con dominium or to any subdivision of any convertible space or unit. Except as stated above, no provision of this Act invalidates or modifies any pro vision of any zoning, subdivision, building code, or other real estate use law, ordinance or regulation, and nothing contained in this section shall be construed to amend, supersede or invalidate any provision of the Georgia Land Sales Act of 1972, as the same may be amended, nor shall Section 28 hereof be construed to override any lawful density require ment imposed by any zoning, building or land use law, ordinance or regulation."
Section 3. Said Act is further amended by striking the first two sentences of subsection (b) of Section 20, relating to the information to be in cluded in the plans and certifications required to be recorded prior to the first conveyance of a condominium unit, in their entirety and substituting in lieu thereof the following:
"There shall be recorded prior to the first conveyance of a con dominium unit: (1) plans prepared, signed, and sealed by a registered ar chitect and registered engineer of every structure which contains or con stitutes all or part of any unit or units located on or within any portion of the submitted property, which plans shall show: (i) the location and dimensions of the exterior walls and roof of such structures; (ii) such walls, partitions floors, and ceilings as constitute the horizontal boun daries, if any, and the vertical boundaries, of each unit (including con vertible space) to the extent that such boundaries lie within or coincide

WEDNESDAY, FEBRUARY 20, 1980

1849

with the boundaries of such structures; and (iii) the identifying numbers of all units, or portions thereof, depicted on the plans: and (2) a certifica tion by such architect or engineer to the effect that he has visited the site and viewed the property and that, to the best of his knowledge, informa tion and belief: (i) the exterior walls and roof of each such structure are in place as shown on said plans; and (ii) such walls, partitions, floors and ceilings, to the extent shown on said plans as constitute the horizontal boundaries, if any, and the vertical boundaries of each unit (including convertible space) have been sufficiently constructed so as to clearly establish the physical boundaries of such unit."
Section 4. Said Act is further amended by adding a new section after Section 23 thereof, to be designated Section 23A, to read as follows:
"Section 23A. Conversion Condominiums, (a) The declarant of a conversion condominium shall deliver to each tenant in possession of a unit subject to this Act notice of the conversion at least 120 days before the declarant will require the tenant to vacate the unit. The notice must set forth generally the rights of tenants under this section. The tenant may not be required by the declarant to vacate the unit at any time dur ing the 120 day period, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during said period; pro vided, however, that any notice which under the terms of such tenancy is required to be given to prevent the automatic renewal or extension of the term of such tenancy may be given during said period. Failure of the declarant to give notice as required by this section shall constitute a defense to an action by the declarant for possession initiated less than 120 days after proper delivery of such a notice.
(b) Within 60 days after delivery of the notice described in subsection (a), the declarant shall deliver to the tenant an offer to convey the unit to the tenant at a specified price and on specified terms. If the tenant fails to deliver to the declarant acceptance of such offer within 60 days after delivery of the offer to the tenant, the declarant may not offer to convey the unit during the 120 days following the date on which delivery is made of the offer to convey to the tenant at a price or on terms more favorable to the offeree than the price or terms offered to the tenant without first delivering the same offer to the tenant who shall have at least ten days within which to deliver to the declarant acceptance of the offer.
(c) Notices and offers required or permitted to be delivered to a te nant by subsections (a) and (b) may be hand delivered to the tenant, hand delivered to the unit or posted in the United States mails, postage prepaid, addressed to the tenant at the address of the unit. Acceptances permitted to be delivered to a declarant by subsection (b) may be hand delivered to the declarant, hand delivered to an authorized represen tative of the declarant or posted in the United States mails, postage prepaid, address to the declarant at the address specified in the offer made by the declarant. Any notices, offers or acceptances sent by registered or certified mail, return receipt requested, shall be presumed conclusively to have been delivered when posted in the United States mails, postage and fees prepaid, addressed as provided hereinabove, in

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which event the postmark date of any such registered or certified mail or postal receipt related thereto shall be the date of delivery for purposes hereof.
(d) Subsections (a) and (b) shall not apply to any unit in a conversion condominium if the boundaries of the unit do not substantially conform to the boundaries of the unit before conversion. Subsections (a) and (b) shall apply only to tenants not in default under valid and subsisting leases with the declarant or a predecessor in title of the declarant and who are in possession of and actually occupying for residential purposes units within the conversion condominium both at the time of recording of the declaration and at the time the notices provided for in subsection (a) are delivered.
(e) Prior to or simultaneously with delivery of the offer of sale of a unit to a tenant as provided in subsection (b), the declarant shall deliver to the tenant the items required to be furnished to a prospective pur chaser by subsection (b) of Section 43 of this Act.
(f) If a declarant conveys a unit to a purchaser in violation of subsec tion (b), recordation of the deed conveying the unit shall extinguish any right a tenant may have under subsection (b) to purchase the unit but shall not affect any rights of any person to recover damages from the declarant for a violation of subsection (b).
(g) If the notice of conversion should specify a date by which the unit must be vacated, the notice will also constitute demand for possession pursuant to Code Section 61-301.
(h) Nothing in this section permits termination of a lease by a declarant in violation of its terms.
(i) The rights and obligations of the declarant and the tenant during any period of extended occupancy by the tenant pursuant to subsection (a) shall be the same as the rights and obligations of said persons prior to any such period of extended occupancy."
Section 5. Said Act is further amended by adding a new paragraph im mediately following the first sentence of subsection (9) of Section 43 (B), relating to disclosure requirements, to be designated paragraph (10), to read as follows:
"(10) If the covered contract applies to a condominium unit which is part of a conversion condominium: a statement by the declarant, based on a report prepared by an independent, registered architect or engineer, describing the present condition of all structural components and mechanical and electrical systems, excluding fixtures and appliances within the units, material to the use and enjoyment of the condominium; a statement by the declarant of the expected useful life of each item reported on as provided above or a statement that no representations are made in that regard; and a list of any outstanding notices of uncured violations of building code or other county or municipal regulations, together with the estimatied cost of curing those violations. "

WEDNESDAY, FEBRUARY 20, 1980

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Section 6. Said Act is further amended by striking in its entirety subsec tion (c) of Section 43 thereof, relating to disclosure notice in contracts, and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) No covered contract executed prior to the expiration of seven days after the actual delivery to the prospective purchaser of the items re quired to be furnished by subsection (b) of this section 43 shall be of any force or effect whatsoever. The provisions of this subsection (c) may not be waived. The contract shall contain within the text, in bold-faced type or capital letters no smaller than the largest type in the text, the follow ing legend:
'Unless all of the items required under section 43 of the Georgia Con dominium act to be delivered to buyer have been received by buyer at least seven (7) days prior to buyer's execution of this contract, this con tract is of no force or effect and shall not be binding on any party. The items so required are: (1) a floor plan of the unit, (2) the declaration and amendments thereto, (3) the association's articles of incorporation and bylaws and amendments thereto, (4) any ground lease, (5) any manage ment contract having a term in excess of one year, (6) the estimated or ac tual budget for the condominium, (7) any lease of recreational or other facilities that will be used only by the unit owners, (8) any lease of recrea tional or other facilities that will or may be used by the unit owners with others, (9) a statement setting forth the extent of the seller's commitment to build and/or submit additional units, additional recreational or other facilities, or additional property, and (10) if this contract applies to a condominium unit which is part of a conversion condominium. A state ment describing the condition of certain components and systems', a statement regarding the expected useful life of certain components and systems, and certain information regarding any notices of violations of county or municipal regulations. A dated, written acknowledgement of receipt of all said items signed by the buyer shall be prima facie evidence of the date of delivery of said items.'"
Section 7. Said Act is further amended by adding a new paragraph at the end of subsection (e) of Section 43, relating to required contract provi sions, to be designated paragraph (6), to read as follows:
"(6) If the contract applies to a condominium unit which is part of a conversion condominium, the contract shall contain within the text, in bold-faced type or capital letter no smaller than the largest type in the text, the following statement: This Contract Applies to a Condominium Unit Which is Part of a Conversion Condominium ."
Section 8. This Act shall become effective on July 1, 1980. The provi sions of this Act shall not apply to any condominium created prior to the ef fective date of this Act or to the expansion of any such condominium.
Section 9. 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.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Bryant Carter Cobb Coverdell Eldridge English Evans Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudson
Johnson Kennedy Kidd Land Langford Littlefield McGill Overby

Paulk Reynolds Robinson Russell Scott Starr Stephens Stumbaugh
Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Dean Fincher of 52nd

Hudgins Lester

Riley Summers

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 708. By Representatives Buck of the 95th and Williamson of the 45th:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly installments, so as to change the legal rate of interest. Senate Sponsor: Senator Allgood of the 22nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 20, 1980

1853

Those voting in the affirmative were Senators:

Allgood Barnes Broun of 46th Brown of 47th Bryant Carter
Cobb
Eldridge English Fincher of 54th Foster Gillis

Hill Holloway Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Those voting in the negative were Senators:

Ballard Barker Bell Bond Brantley

Coverdell Evans Greene Horton Howard

Paulk Reynolds Riley Russell Scott Stumbaugh Sutton Timmons Turner Walker Wessels
Hudson Starr Stephens Tate Tysinger

Those not voting were Senators:

Dean Fincher of 52nd

Robinson Summers

Thompson

On the passage of the bill, the yeas were 35, nays 15.

The bill, having received the requisite constitutional majority, was passed.

HB 1083. By Representatives Lee of the 72nd, Benefield of the 72nd, Wood of the 72nd and Johnson of the 72nd:
A bill to amend Code Chapter 91A-60, relating to specific, business and oc cupation taxes, so as to prohibit municipalities from imposing certain oc cupational, income and payroll taxes.
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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Eldridge English Fincher of 54th Foster

Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Those voting in the negative were Senators:

Bond Coverdell Evans

Hudson Johnson

Those not voting were Senators:

Dean Fincher of 52nd

Hudgins

Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton Thompson Timmons Turner Ty singer Walker Wessels
Stephens Tate
Summers

On the passage of the bill, the yeas were 44, nays 7.

The bill, having received the requisite constitutional majority, was passed.

HB 906. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act" so as to change the limitations on finance charges.
Senate Sponsor: Senators Gillis of the 20th and Sutton of the 9th.

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to HB 906:

A BILL
To be entitled an Act to amend an Act known as the "Motor Vehicle Sales Finance Act," approved April 18, 1967 (Ga. Laws 1967, p. 674), as

WEDNESDAY, FEBRUARY 20, 1980

1855

amended, so as to change the limitations on finance charges; to provide for the computation of finance charges on an actuarial basis in addition to the add-on basis; to delete the acquisition charge; to provide for other matters relative thereto; to provide for an effective date; to provide for automatic repeal; to provide for reinstatement of certain finance charges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Motor Vehicle Sales Finance Act," approved April 18, 1967 (Ga. Laws 1967, p. 674), as amended, is hereby amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding the provisions of any other law, the finance charge, exclusive of insurance, and other benefits and official fees, shall not exceed the following rates:
Class 1. Any new motor vehicle designated by the manufacturer by a year model not earlier than the year in which the sale is made and all vehicles not previously titled--$10 per $ 100 per year.
Class 2. Any new motor vehicle not in Class 1 and any used motor vehicle designated by the manufacturer by a year model of the same or not more than two years prior to the year in which the sale is made--$ 13 per $ 100 per year.
Class 3. Any used motor vehicle not in Class 2 and designated by the manufacturer by a year model not more than four years prior to the year in which the sale is made--$15 per $ 100 per year.
Class 4. Any used motor vehicle not in Class 2 or Class 3 and designated by the manufacturer by a year model more than four years prior to the year in which the sale is made--$17 per $ 100 per year."
Section 2. Said Act is further amended by striking subsection (c) of Sec tion 4 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) When a retail installment contract provides for unequal or ir regular installment payments, the finance charge may be at a rate which will provide the same yield as is permitted on monthly payment contracts under subsections (a) and (b), having due regard for the schedule of payments. Notwithstanding the foregoing, a seller who computes a finance charge on an actuarial basis may charge a finance charge, ex clusive of insurance and other benefits and official fees, which, when calculated according to the actuarial method, does not exceed the yield which would have been permitted on monthly contract under subsections (a) and (b), having due regard for the schedule of payments. Provided, however, that, when a seller computes the finance charge according to the actuarial method, then, for purposes of computing the rate, the entire term of the contract shall be considered to be the number of whole months within the scheduled payment period disregarding any odd days."

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Section 3. Said Act is further amended by striking Section 5 in its en tirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Credit upon anticipation of payments. Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of any retail installment contract, and, in so paying such debt, shall receive a refund credit thereon for such anticipation of payments. The amount of such re fund shall represent at least as great a proportion of the finance charge as the sum of the monthly time balance after the month in which prepay ment is made, bears to the sum of all the monthly time balances under the schedule of payments in the contract. This method of refund upon prepayment is commonly referred to as the 'Rule of 78' or the 'Sum of the Digits' refund method. Where the amount of credit is less than $ 1.00, no refund need be made. Provided, however, that this section shall not apply to credit upon anticipation of payments or upon acceleration in those cases where the seller or holder of the contract has computed finance charges according to the actuarial method as set forth in Section 4."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. The provisions of quoted subsection (a) of Section 1 of this Act shall automatically stand repealed on July 1, 1981, and subsection (a) of Section 4, specifically including the finance charges applicable to Class 1 and Class 2 motor vehicles, of the "Motor Vehicle Sales Finance Act," ap proved April 18, 1967 (Ga. Laws 1967, p. 674), as said Act existed on January 1, 1980, shall be reinstated and become of full force and effect.
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 36, 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 Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter

Cobb Coverdell Eldridge English Evans Fincher of 54th Foster Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd

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1857

Land Langford Lester Littlefield McGill Overby
Paulk

Reynolds Riley Robinson Russell Scott Stephens

Those voting in the negative were Senators:

Ballard Barker Bond

Horton Hudson

Stumbaugh Sutton Timmons Turner Walker Wessels
Starr Tate

Those not voting were Senators:

Dean Fincher of 52nd

Summers Thompson

Tysinger

On the passage of the bill, the yeas were 43, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1260. By Representatives Evans of the 84th, Ross of the 76th, Childs of the 51st and others:
A bill to amend an Act known as the "Development Authorities Law", so as to change the definition of the word "project" to include certain skilled nur sing home and intermediate care home facilites.
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 Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Eldridge

English Evans Fincher of 54th Foster Gillis Greene Hill

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Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford

Lester Littlefield McGill Overby Paulk Reynolds Riley Robinson Russell Scott

Those not voting were Senators:

Dean Fincher of 52nd

Summers Timmons

On the passage of the bill, the yeas were 50, nays 0.

Starr Stephens Stumbaugh Sutton Tate Thompson Tysinger Walker Wessels
Turner

The bill, having received the requisite constitutional majority, was passed.

HB 1390. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the

57th and others:

/

A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the pur pose of providing the Education Facilities Construction Reserve.

Senate Sponsor; Senator Broun of the 46th.

Senator Holloway of the 12th moved that all amendments and the substitute to HB 1390 be printed.

On the motion, the yeas were 35, nays 5; the motion prevailed, and all amend ments and the substitute to HB 1390 were ordered printed.

Senator Holloway of the 12th offered the following amendment:
Amend HB 1390 by inserting on line 16 between the words Construc tion & Reserve the words "and State Employees, Regent Employees, Teachers, Bus Drivers and Department Heads Salary"
Inserting on line 20 between facilities, "State Employees, Regent Employees, Teachers, Bus Drivers and Department Heads Salary,"
So as when inserted the last sentence in Section I will read as follows:
This reserve shall be entitled the Education Facilities Construction and State Employee, Regent Employees, Teachers, Bus Drivers, and Department

WEDNESDAY, FEBRUARY 20, 1980

1859

Heads Salary Reserve, and shall be available for appropriation by the General Assembly of Georgia for such purposes as it may select, including but not limited to the construction and renovation of school facilities, State Employee, Regent Employees, Teachers, Bus Drivers and Department Heads Salaries, and the payment of maintenance and operation funds for local school districts.

On the adoption of the amendment offered by Senator Holloway of the 12th, Senator Ballard of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Brantley Broun of 46th Brown of 47th Bryant Carter Dean English Fincher of 52nd Fincher of 54th Gillis

Holloway Horton Hudson Kennedy Land Langford Lester McGill Overby Paulk

Reynolds Riley Russell Scott Starr Stumbaugh Sutton Timmons Turner Walker

Those voting in the negative were Senators:

Ballard Barker Barnes Bell Bond Cobb Coverdell Eldridge

Evaris Foster Greene Hill Howard Hudgins Johnson

Kidd Littlefield Robinson Stephens Tate Thompson Tysinger

Not voting were Senators Summers and Wessels.
On the adoption of the amendment offered by Senator Holloway of the 12th, the yeas were 31, nays 22, and the amendment was adopted.

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Senators Evans of the 37th and Reynolds of the 48th offered the following amend ment:

Amend HB 1390 by adding on Page 1, line 18 after the word "Georgia" the following:
"in the General Appropriations Act but not in any amendment to a GAecnt"eral Appropriations Act or in any Supplementary Appropriations

On the adoption of the amendment offered by Senators Evans of the 37th and Reynolds of the 48th, the yeas were 48, nays 0, and the amendment was adopted.
Senators Johnson of the 34th, Ballard of the 45th and Bell of the 5th offered the following substitute to HB 1390:
A BILL
To be entitled an Act to provide that a percentage of net revenue collec tions each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of providing salary increases for teachers, State employees and University system personnel; 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 State Auditor shall reserve from State surplus as of June 30 of each fiscal year an amount equal to three percent of the net revenue collections of such fiscal year to the extent that such surplus is available therefor, after adequate provisions has been made for the Revenue Shortfall Reserve in accordance with Act 901 of the 1976 Regular Session. This reserve shall be entitled the Employee Salary Reserve, and shall be available to provide salary increases for teachers, State employees and University system personnel until such time that said average salaries for the aforemen tioned groups shall equal the national average salary.
Section 2. Nothing in this Act shall prohibit the annual appropriations for salary increases from exceeding four percent of the net revenue collec tions.
Section 3. The effective date of this Act shall be June 30, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Evans of the 37th and Reynolds of the 48th offered the following amend ment:
Amend the substitute to HB 1390 offered by Senators Johnson of the 34th, Ballard of the 45th and Bell of the 5th by inserting in the second sentence of Section 1 after the word "available", the following:

WEDNESDAY, FEBRUARY 20, 1980

1861

"for appropriation by the General Assembly of Georgia in the General Appropriations Act but not in any amendment to a General Ap propriations Act or in any Supplementary Appropriations Act".

On the adoption of the amendment offered by Senators Evans of the 37th and Reynolds of the 48th to the substitute offered by Senators Johnson of the 34th, Ballard of the 45th and Bell of the 5th, the yeas were 47, nays 0, and the amendment was adopted.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester

Littlefield McGill Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Tate Thompson Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th Holloway

Russell Sutton

Turner

Those not voting were Senators:

Summers

Timmons

Wessels

On the adoption of the substitute, the yeas were 47, nays 5, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield

Those not voting were Senators:

Summers

Timmons

On the passage of the bill, the yeas were 52, nays 0.

McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker
Wessels

The bill, having received the requisite constitutional majority, was passed by substitute.

The President announced that the Senate would stand in recess from 1:40 o'clock P.M. until 2:45 o'clock P.M.

At 2:45 o'clock P.M., the President called the Senate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

WEDNESDAY, FEBRUARY 20, 1980

1863

HB 1268. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to amend and provide appropriations for the fiscal year beginning July 1, 1980, and ending June 30, 1981.

The following bills of the House were read the first time and referred to commit tees:

HB 690. By Representatives Smith of the 152nd, Cheeks of the 89th, Hasty of the 8th and others:
A bill to assure academic freedom by requiring the teaching and presenta tion of scientific creationism in public schools if the theory of evolution is taught; to provide for requirements of subject matter, curricula, course guides, course outlines and other administrative curricular matter; to pro vide for textbooks and teaching materials.
Referred to Committee on Education.

HB 1173. By Representatives Glover of the 32nd, Savage of the 25th and Holmes of the 39th:
A bill to amend Code Chapter 47-10, relating to lobbying, so as to regulate and require disclosure of certain actions by registered agents. Referred to Committee on Special Judiciary.

HB 1268. By Representatives Lambert of the 112th, Hatcher of the 131 st, Harris of the 8th and others:
A bill to amend and provide appropriations for the fiscal year beginning Ju ly 1, 1980, and ending June 30, 1981. Referred to Committee on Appropriations.

HB 1542. By Representative Walker of the 115th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to provide authority to municipalities to adopt by reference certain offenses. Referred to Committee on Judiciary.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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JOURNAL OF THE SENATE,

HB 1564. By Representatives Evans of the 84th, Jackson of the 77th and Ross of the 76th:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt paper stock intended to be used for certain purposes.
Senate Sponsors: Senators Lester of the 23rd and 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:

Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Dean English

Fincher of 52nd Fincher of 54th Foster Gillis Greene Kennedy Kidd Lester McGill Overby Reynolds

Riley Robinson Russell Starr Stephens Tate Tirnmons Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Allgood Ballard Cobb Coverdell Eldridge Evans Hill Holloway (presiding)

Horton Howard Hudgins Hudson Johnson Land Langford

Littlefield Paulk Scott Summers Sutton Thompson Wessels

On the passage of the bill, the yeas were 32, nays 1.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1980

1865

HB 1271. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act implementing the requirements of the Federal In tergovernmental Cooperation Act of 1968, so as to amend the provisions relative to the functions and authority of area planning and development commissions.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond
Brantley Broun of 46th Brown of 47th Bryant Carter Dean English Fincher of 54th

Foster Gillis Greene Howard
Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Starr Stephens
Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Ballard Cobb Coverdell Eldridge Evans Fincher of 52nd

Hill Holloway (presiding) Horton Hudgins Hudson Johnson Land

On the passage of the bill, the yeas were 35, nays 0.

Langford Littlefield Scott Summers Sutton Wessels

The bill, having received the requisite constitutional majority, was passed.

HB 1416. By Representative Knight of the 67th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to instructional media and maintenance and operation.
Senate Sponsor: Senator Starr of the 44th.

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The Senate Committee on Education offered the following substitute toHB 1416:

A BILL
To be entitled an Act to amend an Act known as the "Adequate Pro gram for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974. p. 1045), particularly by an Act approved April 17, 1975 (Ga. Laws 1975. p. 539) and by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1279), so as to change the provisions relative to instructional media and maintenance and operation so as to change the provisions relative to public school facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), par ticularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539) and by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1279), is hereby amend ed by inserting in Section 13 between the figure "5" and the figure "10" the following:

so that when so amended Section 13 shall read as follows:
"Section 13. Instructional Media. The amount of funds needed by a local unit of administration during a fiscal year for the maintenance, repair, and purchase of instructional media, including soft-covered as well as hard-covered text and library books and consumable as well as nonconsumable supplies, shall be determined by multiplying the number of certificated instructional units allotted to the local unit under Section 5, 7, 10 and 12 of this Act by a sum of money which shall not be less than $500. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution and use of such instructional media, and for the use of funds allotted under this Section."
Section 2. Said Act is further amended by inserting in Section 15 be tween the figure "5" and the figure "10" the following:

so that when so amended Section 15 shall read as follows:
"Section 15. Amount of Funds Needed for Payment of Maintenance and Operation. The amount of funds needed by a local unit of ad ministration during a fiscal year for maintenance and operation expenses for instructional programs not otherwise provided for in sections 10 through 17 shall be determined by multiplying the number of instruc tional units allotted to the local unit of administration under provisions of sections 5, 7, 10 and 12 by a sum of money not less than $1,500. The State Board of Education shall define the term 'maintenance and opera tion expenses' and shall have the authority to prescribe minimum re-

WEDNESDAY, FEBRUARY 20, 1980

1867

quirements and standards for the distribution, use, and expenditure of funds allotted under this section."
Section 3. Said Act is further amended by substituting in Section 48 the date "1980" wherever the date "1979" appears and by substituting in Sec tion 48 the term "five years hence" wherever the term "seven years hence" appears.
Section 4. Said Act is further amended by striking Section 48, subsec tion (b) in its entirety and substituting in lieu thereof a new Section 48, subsection (b) to read as follows:
"(b) The term 'capital facilities,' as used in this Act, shall be deemed to include building, fixtures, and equipment necessary or desirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, libraries, facilities for physical education and fine arts, laboratories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, assembly rooms, equipment and fixtures therefor, related exterior facilities, equipment, landscaping and paving and such other similar items as the State Board of Education may deem necessary for the effective and efficient operation of public schools. The term 'facility improvements,' as used in this Act, shall in clude, but not necessarily be limited to, capital outlay projects for the purpose of constructing, renovating, altering, replacing, enlarging, or consolidating instructional facilities of local units of administration. The term 'local unit of administration,' as used in this Section, shall be deem ed to include all local units of government which administer public elementary, and secondary schools. The term 'annual debt service.' as used in this Act, shall include expenditures for the annual retirement of debt for capital outlay expenditures and shall be deemed to include the interest on the principal as well as the principal of the debt."
Section 5. Said Act is further amended by striking Section 48, subsec tion (e) in its entirety and substituting in lieu thereof a new Section 48, subsection (e) to read as follows:
"(e) A comprehensive facilities survey of each local unit's capital facilities needs for five years hence shall be completed for each local unit at least once every five years, and in order to receive a grant of State funds under this Act for the purpose of improving capital facilities. Such a survey shall include, but not necessarily be limited to, needs resulting from growth, development patterns, obsolescence, program im provements and expansions, and such other similar conditions as the State Board may, in its discretion, deem necessary for an effective capital facilities improvement program. All comprehensive facilities surveys will be initiated via a local board resolution which states the desirable dates during which the survey will be conducted, suggests the number of teams which will participate in the survey and their assignments, and includes a statement that the local unit will reimburse team members for out-ofpocket expenses for travel, meals and lodging. The local board may, at its discretion, suggest the names of individuals to be assigned to teams. Upon receipt of said resolution, the Georgia Department of Education shall constitute the make-up of the necessary teams, excluding residents

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JOURNAL OF THE SENATE,

and employees of the local unit of administration, employees of Cooperative Education Services Agencies, psycho-educational centers and other similar agencies serving the local unit. All individuals selected by the Department to serve on such teams shall be acceptable to the local unit of administration. The survey teams, using the current facility inven tory and the current local facilities plan as the starting point, will-recom mend to the local board of education the capital facility improvements needed by the local unit for the period of five years hence, including a cost estimate for each recommended improvement. A local system shall not be eligible for State grants under this Section or accrue annual en titlements until it has submitted priorities for all recommended facility improvements to the State Board. The State Board of Education, supplied with an assessment of said survey by the State Department of Education, shall have the authority to approve or reject the recommendations of the survey team. The State Board shall adopt procedures for an appeal by a local unit of administration concerning survey recommendations for which definitive evidence exists that said recommendations are not in the best interest of the system's students and for amending the survey to reflect unforeseen changes which have occurred within three years of the completion of the survey. The State Board is authorized to adopt necessary rules and guidelines for the execution of comprehensive facility surveys."
Section 6. Said Act is further amended by striking Section 48, subsec tion (f) in its entirety and substituting in lieu thereof a new Section 48, subsection (f) to read as follows:
"(f) The State Board of Education shall annually determine the facility needs for each school system for the period five years hence. After June 30 1980, the State Board shall compute such facility needs by sum ming the following: (1) the sum of the annual debt service payments, ex cluding payments for postsecondary facilities, athletic facilities and auditoriums, by the local unit of administration for the five-year period adjusted downward by the amount of debt service payments allowed in lieu of annual local required participation as provided for in subsection (g). After June 30, 1980 only annual debt service payments for projects meeting criteria for expenditures of State capital outlay funds shall be in cluded in the calculation: and (2) the total improvement needs recom mended by the most recent comprehensive facilities survey, adjusted downward for projects financed since the completion of the survey and appropriately adjusted for the current level of construction cost. For a period of time not to exceed June 30, 1983, the State Board of Education shall determine a cost estimate of current needs to be used in the absence of the initial facilities survey."
Section 7. Said Act is further amended by striking Section 48, subsec tion (g) in its entirety and substituting in lieu thereof a new Section 48, subsection (g) to read as follows:
"(g) Each local unit shall have an annual entitlement for capital facility improvement after June 30, 1980, as determined by regulations to be established by the State Board of Education. Such regulations shall include, but not be limited to, consideration of the ratio of a local systems's need to the total State needs as computed in subsection (f). Dur-

WEDNESDAY, FEBRUARY 20, 1980

1869

ing any fiscal year, a local unit of administration shall not receive any State assistance for capital facilities improvements unless it has dedicated for capital facilities improvements an amount of funds which has been determined by the State Board of Education to reflect the local unit's an nual entitlement and its financial ability to participate annually in the facilities improvement program authorized under this Section and which will be derived from sources other than State and federal grants. Each local unit shall expend funds from its State entitlement upon projects ap proved in the most recent comprehensive facilities survey and only on projects in the order of priority that has been submitted to and approved by the State Board. The State Board is authorized to enter into contracts with local units of administration for allotment and for utilization of State capital facilities funds. Until June 30, 1980, the State Board is authorized to establish priorities for the construction of capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section.
When two or more systems agree to combine the total high school pupil populations either in grades 7-12, 8-12 or 9-12 across system lines for the purpose of developing a comprehensive curriculum, the State Board of Education is directed to provide full financial support for the construction of adequate facilities to house the proposed program as recommended by the educational facilities survey. This type project shall be funded in addition to the entitlements as determined above. The needs of the participating systems as determined in subsection (f) shall be reduc ed by the effect of funding this type project prior to the determination of the current annual entitlement".
Section 8. Said Act is further amended by striking Section 48, subsec tion (h) in its entirety and substituting in lieu thereof a new Section 48, subsection(h) to read as follows:
"(h) After June 30, 1980, the State Board of Education shall annually determine the total State entitlement. Each local unit shall be eligible to expend funds from its State entitlement only upon projects approved and in the priority established in the local construction plan. Based on the total State entitlement, the State Board of Education shall also determine the appropriation needed to fund all eligible projects for which en titlements are sufficient and for which the requirements of subsection (g) have been met, and shall submit this information to the Office of Plan ning and Budget. Provided, however final entitlements and final allotments to each local system shall be based upon the level of total State entitlement designated by language of the general appropriations act."
Section 9. Said Act is further amended by striking Section 48, subsec tion (k) in its entirety.

Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE SENATE,

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean English Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Kennedy Kidd Land Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner ^ysinger Walker

Those not voting were Senators:

Allgood Eldridge Evans Holloway (presiding)

Horton Hudson Johnson Langford

Littlefield Summers Sutton 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 1672. By Representative Murphy of the 18th:
A bill to amend an Act authorizing the Secretary of State to employ a person or persons to compile the Acts and Resolutions of the General Assembly, so ''as to change the maximum amount to be paid to such person or persons.
Senate Sponsor: Senator Kidd of the 25th.

WEDNESDAY, FEBRUARY 20, 1980

1871

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Cobb Coverdell Dean English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudgins Kennedy Kidd Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Eldridge Holloway (presiding) Horton

Hudson Johnson Land

Summers Sutton Wessels

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1487. By Representatives Bishop of the 94th, Collins of the 144th, Hanner of the 130th and others:
A bill to amend an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards, so as to clarify legislative intent with respect to taxability within this state of indem nification paid pursuant to the Act.
Senator Sponsor: Senator Hudgins of the 15th.
The report of the committee, which was favorable to the 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 Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Howard Hudgins Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Hill Holloway (presiding) Horton

Hudson Johnson Summers

On the passage of the bill, the yeas were 47, nays 0.

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker
Sutton Wessels /

The bill, having received the requisite constitutional majority, was passed.

HB 1193. By Representatives Williams of the 6th, Johnson of the 74th, Burruss of the 21st and others:
A bill to amend an Act known as the "Revenue Bond Law", so as to define the term "revenue".
Senate Sponsor: Senator Greene of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken., and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

WEDNESDAY, FEBRUARY 20, 1980

1873

Bryant Carter Cobb Coverdell Dean Eldridge English
Fincher of 52nd Fincher of 54th Foster
Gillis Greene
Hill

Horton Howard Hudson Kennedy Kidd Land Langford
Lester McGill Overby
Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens Stumbaugh
Tate Thompson Turner
Tysinger Walker

Those not voting were Senators:

Evans Holloway (presiding) Hudgins

Johnson Littlef ield Summers

Sutton Timmons 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 local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 314. By Senators Coverdell of the 40th and Bond of the 39th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to control or limit by local law the provision of public safety services by the governing authority of Fulton County and create districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end that Fulton Coun ty shall levy and collect ad valorem taxes to provide public safety services only within the area or areas of Fulton County where such services are directly provided by the governing authority of said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may control or limit by local law

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the provision of public safety services by the governing authority of Fulton County and, in connection therewith, may create one or more districts within Fulton County and control or limit ad valorem taxes levied by Fulton County within and without such district or districts to the end that Fulton County shall levy and collect ad valorem taxes to pro vide public safety services only within the area or areas of said county where public safety services are directly provided by the governing authority of said county. Any local law enacted by the General Assembly pursuant to the authority herein granted shall control the subject matter of this paragraph, notwithstanding the provisions of any general law, whether presently existing or hereafter enacted."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to control or limit by local law the provi-
[ ] NO sion of public safety services by the governing authority of Fulton County and create districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end that Fulton County shall levy and collect ad valorem taxes to provide public safety services only within the area or areas of Fulton Coun ty where such services are directly provided by the govern ing authority of said county?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley

Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene

WEDNESDAY, FEBRUARY 20, 1980

1875

Hill Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester

Overby Paulk Reynolds Riley Robinson Russell Scott Starr

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker
Summers Sutton Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 516. By Representative Swann of the 90th:

A RESOLUTION
Proposing an amendment to the Constitution so as to limit the power of local taxing jurisdictions in Richmond County to levy and collect 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 GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Notwithstanding any other provision of this Constitution, no local taxing jurisdiction in Richmond County may levy or collect an ad valorem tax in any tax year beginning on or after January 1, 1981, at a mill rate higher than the ad valorem tax mill rate authorized in this paragraph, unless the mill rate is approved by a majority of the qualified electors of the local taxing jurisdiction voting in a referendum called for such purpose. The maximum mill rate each local taxing jurisdiction may levy in any tax year without a referendum as provided in this paragraph shall be determined as follows: (1) multiply the mill rate levied by the local taxing jurisdiction for the tax year beginning January 1, 1979, ex clusive of any grants from the State of Georgia which may have been used to reduce the net millage rate for 1979, by a percentage which is equal to the sum of 100 percent and seven percent for each tax year

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beginning on or after January 1, 1981, and ending on or prior to December 31 of the tax year for which the levy is to be made; (2) then, multiply the mill rate determined in (1), above, by a fraction the numerator of which is the total assessed value of all taxable property in the local taxing jurisdiction for the tax year beginning January 1, 1981, rounded off to the nearest $10,000,000.00, and the denominator of which is the total assessed value of all taxable property in the local taxing jurisdiction for the tax year in which the levy is to be made, rounded off to the nearest $10,000,000.00; (3) then reduce the mill rate determined in (2), above, by the mill rate which, if levied against the taxable property within the local taxing jurisdiction, would produce an amount of revenue equal to the amount of any proceeds received by the local taxing jurisdic tion in the immediately preceding tax year from a local sales and use tax. The mill rate determined after the reduction provided for in (3), above, shall be the maximum mill rate which may be levied in the applicable tax year by the local taxing jurisdiction except as provided for below. In the event the governing authority of a local taxing jurisdiction desires to seek approval at a referendum for the levy in any tax year of a mill rate greater than the mill rate authorized in this paragraph, the governing authority shall hold not less than three public hearings on the proposed mill rate at different locations within the limits of the local taxing jurisdiction prior to the date of the referendum. Notice of each such public hearing shall be published in the legal organ of the local taxing jurisdiction for at least three consecutive weeks immediately preceding the week the meeting is to be held and shall also be made as may other wise be required by law.
The tax limitation set forth above shall exclude and not include any expenditures made or caused to be made by the local taxing jurisdiction as determined from time to time on a case by case basis for the following express purposes:
(a) Bonded indebtedness incurred as a result of a referendum by the votes approving such bonded indebtedness;
(b) Any expenditure for the replacement of or provision for any direct loss suffered by the local taxing jurisdiction as the result of any peril, catastrophe, or emergency which includes, but is not limited to, fire, lightning, wind, hail, water, storm, war, insurrection, riot, earth quake, nuclear occurrence, seizure, explosion, freezing, aircrafts, vehicles, or other similar catastrophe or acts of God; with the amount to be levied to cover such emergency not to exceed the actual cash outlay, considering all insurance as payments from other sources to which said taxing jurisdiction may be entitled, which the taxing jurisdiction actually incurs as the result of said loss, including professional fees and other similar expenses required to place the taxing jurisdiction in the same position in which it would have been had such perils, catastrophe, or emergency not occurred; provided, however, the governing body of the taxing jurisdiction declares by a two-thirds' majority that the emergency does exist and the expenditures are in fact to be made as the result of the emergency; and
(c) In the case of the Richmond County Board of Education, capital improvements not funded by state or federal funds specifically carried out in compliance with the provisions of Public Law 94-142.

WEDNESDAY, FEBRUARY 20, 1980

1877

The General Assembly, by local law, may establish procedures for the administration of 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to require a referendum before a local taxing jurisdiction in Richmond
[ ] NO County may levy an ad valorem tax mill rate greater than a mill rate determined based upon the mill rate levied in 1979?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 Community Affairs offered the following substitute to HR516:

A RESOLUTION
Proposing an amendment to the Constitution so as to limit the power of local taxing jurisdiction in Richmond County to levy and collect ad valorem taxes; to provide for submission of this amendment of ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph at the end thereof the read as follows:
"Notwithstanding any other provision of this Constitution, no local taxing jurisdiction in Richmond County may levy or collect an ad valorem tax in any tax year beginning on or after January 1, 1981, at a mill rate higher than the ad valorem tax mill rate authorized in this paragraph, unless the mill rate is approved by a majority of the qualified electors of the local taxing jurisdiction voting in a referendum called for such purpose. The maximum mill rate each such local taxing jurisdiction may levy in any tax year without a referendum as provided in this paragraph shall be determined as follows: (1) multiply the mill rate levied by the local taxing jurisdiction for the tax year beginning January 1, 1979, exclusive of any grants from the State of Georgia which may have been used to reduce the net millage rate for 1979, by 107%; (2) then, multiply the mill rate determined in (1), above, by a fraction the

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numerator of which is the net taxable digest for the local taxing jurisdic tion for the tax year preceding the year the tax is to be levied; rounded off to the nearest $10,000,000.00 and the denominator of which is the net taxable digest for the local taxing jurisdiction for the tax year in which the levy is to be made, rounded off to the nearest $10,000,000.00; (3) then, reduce the mill rate determined in (2), above, by the mill rate which, if levied against the taxable property within the local taxing jurisdiction, would produce an amount of revenue equal to the amount of any proceeds received by the local taxing jurisdiction in the immediately preceding tax year from a local sales and use tax.
This Act shall apply to the tax year beginning January 1, 1981, and each succeeding year.
The mill rate determined after the reduction provided for in (3), above, shall be the maximum mill rate which may be levied in the ap plicable tax year by the local taxing jurisdiction except as provided for below. In the event the governing authority of a local taxing jurisdiction desires to seek approval at a referendum for the levy in any tax year of a mill rate greater than the mill rate authorized in this paragraph, the governing authority shall hold not less than three public hearings on the proposed mill rate at different locations within the limits of the local tax ing jurisdiction prior to the date of the referendum. Notice of each such public hearing shall be published in the legal organ of the local taxing jurisdiction for at least three consecutive weeks immediately preceding the week the meeting is to be held and shall also be made as may other wise be required by law.
The tax limitation set forth above shall exclude and not include any* expenditures made or caused to be made by the local taxing jurisdiction as determined from time to time on a case by case basis for the following express purposes:
(a) Bonded indebtedness incurred as a result of a referendum by the voters approving such bonded indebtedness:
(b) Any expenditure for the replacement of or provision for any direct loss suffered by the local taxing jurisdiction as the result of any peril, catastrophe, or emergency which includes, but is not limited to, fire, lightning, wind, hail, water, storm, war, insurrection, riot, earth quake, nuclear occurrence, seizure, explosion, freezing, aircrafts, vehicles, or other similar catastrophe or acts of God; with the amount to be levied to cover such emergency not to exceed the actual cash outlay, considering all insurance payments from other sources to which said tax ing jurisdiction may be entitled, which the taxing jurisdiction actually in curs as the result of said loss, including professional fees and other similar expenses required to place the taxing jurisdiction in the same position in which it would have been had such perils, catastrophe, or emergency not occurred; provided, however, the governing body of the taxing jurisdiction declares by a two-thirds majority that the emergency does exist and the expenditures are in fact to be made as the result of the emergency.

WEDNESDAY, FEBRUARY 20, 1980

1879

The General Assembly may, by local law, authorize the levy of addi tional assessments to provide for capital improvements, judicial com mand and precepts, or mandated programs not funded by state or federal funds, and establish procedures for the administration of 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to require a referendum before a local taxing jurisdiction in Richmond
[ ] NO County may levy an ad valorem tax mill rate greater than a mill rate determined based upon the mill rate levied in 1979?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson

Kennedy Kidd Langford Lester Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

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JOURNAL OF THE SENATE,

Stumbaugh Tate Thompson

Timmons Turner

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Tysinger Walker
Summers Sutton Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Allgood of the 22nd moved that HR 516 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HR 516 was immediately transmitted to the House.

HR 634. By Representative Ralston of the 7th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, "income" shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Gordon County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per an num is hereby exempt from all ad valorem taxation for educational pur poses levied for and in behalf of such school system, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of

WEDNESDAY, FEBRUARY 20, 1980

1881

county school district residents who are 62 years of age or older with in come below certain limits. For the purposes of this paragraph, 'income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act. The exemption granted by this paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said ex emption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such ex emption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Gordon County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence and one or more such titleholders possesses the qualifica tions provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein pro vided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which 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 and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor."

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.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, 'income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Summers Sutton Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 635. By Representative Ralston of the 7th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, "income" shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1980

1883

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:
"The homestead of each resident of the independent school district of the City of Calhoun, Georgia who is 62 years of age, or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, ex ceeding $6,000.00 per annum is hereby exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of independent school district residents who are 62 years of age or older with income below certain limits. For the pur poses of this paragraph, 'income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act. The exemption granted by this paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the City of Calhoun, or with a person designated by the governing authority of said city, giving his age, the amount of income which he received for the immediately preceding calendar year, the in come which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of the City of Calhoun, or the person designated by the governing authority of said city, to make a determina tion as to whether such owner is entitled to said exemption. The govern ing authority of the City of Calhoun, or the person designated by the governing authority of said city, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestue que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor."
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.

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The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that, for the purposes of the homestead exemptions of persons 62
[ ] NO years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, 'income' shall not include income receiv ed as retirement, survivor, or disability benefits under the Federal Social Security Act?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond
Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill
Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker
Summers Sutton Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

WEDNESDAY, FEBRUARY 20, 1980

1885

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 644. By Representative Chamberlin of the 73rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from county taxes in Henry County; to provide for submission of the amendment for ratificiation 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 following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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 de fined by Georgia law, from all sources, except as hereinafter 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 in dividual and his spouse under the Federal Social Security Act, and in come from such sources in excess of such maximum amount shall be in cluded as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall subject to taxa tion. Any such owner shall not receive the benefits of such homestead ex emption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, 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 in formation relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner or tax receiver 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 or tax receiver in the event he becomes ineligible for any reason for the ex-

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emption 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, 1974.",
a new paragraph to read as follows:
"For purposes of the application of the exemption granted in the im mediately preceding paragraph from county ad valorem taxes in Henry County, the amount of the exemption is hereby increased to $6,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $4,000.00 to $6,000.00"
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the special homestead exemption for the elderly from Henry
[ ] NO County ad valorem taxes to $6,000.00 and to extend the exemption to persons whose adjusted family income is $6,000.00, rather than $4,000.00, a year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Brantley Broun of 46th Brown of 47th

Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy

WEDNESDAY, FEBRUARY 20, 1980

Kidd Langford Lester Overby
Paulk Reynolds Riley

Robinson Russell Scott Starr
Stephens Stumbaugh

Tate Thompson Timmons Turner
Tysinger Walker

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Summers Sutton Wessels

1887

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 645. By Representative Chamberlin of the 73rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from taxes in Henry County levied for school purposes; to provide for submission of the 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 following paragraph:
"The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Com missioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The ex-

1888

JOURNAL OF THE SENATE,
emption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifica tions provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein pro vided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cesti que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.",
a new paragraph to read as follows:
"For purposes of the application in Henry County of any exemption granted pursuant to the provisions of the immediately preceding paragraph from ad valorem taxes for educational purposes, the amount of the exemption is hereby specified to be $20,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $6,000.00 to $ 12,000.00."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the special homestead exemption for the elderly from ad
[ ] NO valorem taxes for educational purposes in Henry County to $20,000.00 and to extend the exemption to.persons whose adjusted family income is $12,000.00, rather than $6,000.00, a year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed amendment sahll 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 resolu tion, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 20, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Summers Sutton Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

1889

The resolution, having received the requisite two-thirds constitutional majority, was-adopted.

HR 669. By Representatives Smith and Moore of the 152nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxes allowed for elderly residents of the City of St. Marys; to provide income limitations; to provide filing procedures; to provide for 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 a new paragraph immediately preceding the last paragraph thereof, to read as follows:
"The City of St. Marys shall grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $8,000.00 on the homestead owned and oc-

1890

JOURNAL OF THE SENATE,
cupied by such person 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, ex cept as hereinafter provided, does not exceed $10,000.00 for the im mediately preceding taxable year for income tax purposes. For the pur poses 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. Once an owner has filed the proper application and been allowed the exemption provided in this paragraph, it shall not be necessary that he make application or file any affidavit thereafter for any year he remains qualified for the exemption and the exemption shall con tinue to be allowed to such owner."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide an $8,000.00 homestead exemption from city taxes for elderly
[ ] NO residents of the City of St. Marys, to provide a $10,000.00 income limitation, exclusive of certain benefits, required for the exemption; and to provide that, once granted the exemp tion, an owner need not reappiy every year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote asiainst ratifying the pro posed amendment snail vote i\o.
If such amendment shall be ratified as provided in said Paragraph ot 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 resolu tion, 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 Bond Brantley Broun of 46th

Brown of 47th Carter Cobb Coverdell

WEDNESDAY, FEBRUARY 20, 1980

1891

Dean Eldridge English Evan Fincher of 52nd Fincher of 54th Foster Gillis Greene
Hill Horton Howard

Hudgins Hudson Kennedy Kidd Langford Lester Overby Paulk Reynolds
Riley Robinson

Those not voting were Senators:

Bryant Holloway (presiding) Johnson

Land Littlefield McGill

Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker
Summers Sutton Wessels

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1317. By Representative Buck of the 95th:
A bill to amend Code Section 56-405, relating to the definition of "property insurance" for the purposes of certain provisions of Code Title 56, known as the "Georgia Insurance Code," so as to provide for the content of any con tract, agreement, or instrument considered to be "property insurance".
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant Carter Cobb

1892
Coverdell Dean Eldridge Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard

JOURNAL OF THE SENATE,
Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson

Russell
Scott Starr Stephens
Stumbaugh Tate Thompson Timmons Turner
Tysinger Walker

Those not voting were Senators:

English Holloway (presiding) Johnson

Land Littlefield Summers

Sutton Wessels

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
SR 374. By Senator Dean of the 31st: A resolution recognizing W. Ralph Gresham.
Senator Holloway of the 12th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 3:38 o'clock P.M. until 8:00 o'clock P.M. today, at which time the Senate would stand adjourned, pursuant to the provisions of HR 770, previously adopted, until Tuesday, February 26, at 9:30 o'clock A.M.

TUESDAY, FEBRUARY 26, 1980

1893

Senate Chamber, Atlanta, Georgia Tuesday, February 26, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by the President.

Senator Walker of the 19th reported that the Journal of the proceedings of Wednes day, February 20, 1980, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1759. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating judge of the Probate Court (formerly ordinary) of Lamar County and providing for an annual salary, so as to change the compensation of the said judge.

HB 1760. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Lamar County and providing for an annual salary, so as to change the compensation of said tax commissioner.

HB 1761. By Representative Jones of the 78th:
A bill to amend an Act amending Code Section 21-105, relating to the fees paid coroners, so as to change the compensation of coroners in certain coun ties.

HB 1773. By Representatives Isakson of the 20th, Housely of the 21st, Cooper of the 19th, and others:
A bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, so as to change the compensation of said Judge.

1894

JOURNAL OF THE SENATE,

HB 1775. By Representative Clifton of the 107th:
A bill to amend an Act creating and incorporating the City of Richmond Hill, and granting a charter to said city, so as to change the terms of office for the mayor and all city councilmen.

HB 1777. By Representative Collins of the 144th:
A bill to amend an Act to provide a new charter for the City of Pelham, so as to change the time of election of certain members of the city council.

HB 1778. By Representatives Cheeks of the 89th, Padgett of the 86th, Swann of the 90th and others:
A bill to regulate the operation of wreckers in each county of this state hav ing a population of not less than 160,000 nor more than 165,000 according to the U.S. decennial census of 1970 or any future such census.

HB 1780. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Ga., to provide that certain requirements concerning the man ner of introduction, consideration and passage of ordinances be deleted from the Charter of Columbus, Ga.

HB 1781. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the countywide government of Columbus, Ga., to provide that references to certain boards, commis sions, and authorities be deleted from the Charter.

HB 1782. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Ga., to provide that certain transitional language contained in the descriptions of the offices of sheriff, ordinary and tax commissioner in the Charter of Columbus, Georgia be removed from the Charter.

HB 1783. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain transitional provisions con cerning allocation of indebtedness be deleted from the Charter of Columbus, Georgia.

TUESDAY, FEBRUARY 26, 1980

1895

HB 1784. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that Article IX entitled "Interim Provi sions" be deleted from the Charter of Columbus, Georgia in its entirety.

HB 1785. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to clarify that certain provisions of the Charter of Columbus, Georgia regarding Charter amendments shall take precedence over other laws in the application of laws to Columbus, Georgia.

HB 1786. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to provide that the terms "Ordinary" and "Court of Ordinary" shall be redesignated "Judge of Probate Court" and "Probate Court" to conform the Charter to State law.

HB 1787. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that supervision and direction of civil defense shall be a responsibility of the Director of Public Safety.

HB 1788. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th, and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that another agency other than the depart ment of administration may prepare personnel rules and regulations and a classification and pay plan for Columbus, Georgia.

HB 1789. By Representatives Buck of-the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain reference to a percentage be corrected in the Charter of Columbus, Georgia.

HB 1790. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain transitional language (regard ing elections) contained in the Charter of Columbus, Georgia be deleted from the Charter.

1896

JOURNAL OF THE SENATE,

HB 1791. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide for the deletion of certain transitional language concerning the division of the territoi , of Columbus, Ga., into tax ing districts by the Council of Columbus, Ga.

HB 1792. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Ga., to provide that salaries of the Mayor and members of the Council shall be fixed by ordinance of the Council of Columbus, Ga.

HB 1793. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that references to certain boards, commis sions and authorities be deleted from the Charter.

HB 1794. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to fix the time of Council meetings.
HB 1795. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia to provide that the Charter of Columbus, Georgia, shall reflect that assessment and collection of property taxes shall be as pro vided by State law.

HB 1797. By Representative Jessup of the 117th:
A bill to create and establish a Small Claims Court of Pulaski County; to prescribe the jurisdiction of said court.

HB 1798. By Representative Baugh of the 108th:
A bill to amend an Act incorporating the Town of Mclntyre, Georgia, so as to change the date of the municipal elections.

HB 1802. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to change the annual and monthly budget of the sheriff.

TUESDAY, FEBRUARY 26, 1980

1897

HB 1803. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the compensation of the members of said board.

HB 1804. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to change the compensation of said commissioner.

HB 1805. By Representatives Snow of the 1st, Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the maximum amount of compensation of per sonnel.

HB 1806. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the qualifications of candidates for the office of mayor and councilman.

HB 1808. By Representatives Moore and Smith of the 152nd: A bill to amend an Act creating and establishing a small claims court in and for Coffee County, so as to change the provisions relating to fees.
HB 1809. By Representatives Mann, Clark and Milford of the 13th: A bill to abolish the present mode of compensating the clerk of the Superior Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1810. By Representatives Mann, Clark and Milford of the 13th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1811. By Representatives Mann, Clark and Milford of the 13th:
A bill to amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commisssioner of roads and revenues of Franklin County, so as to change the compensation of the commissioner.

1898

JOURNAL OF THE SENATE,

HB 1812. By Representatives Mann, Clark and Milford of the 13th:
A bill to abolish the present mode of compensating the tax commissioner of Franklin County, known as the fee system; to provide in lieu thereof an an nual salary.

HB 1813. By Representative Crawford of the 5th:
A bill to provide that in certain counties the salary of the county commis sioner shall be the same as that of the sheriff of the county.

HB 1815. By Representatives Mann and Clark of the 13th: A bill to create the Franklin County Water and Sewerage Authority.
The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 754. By Representative Dover of the 11 th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Habersham County to direct the governing authority of Habersham County to impose throughout the entire county cer tain excise taxes on alcoholic beverages sold within Habersham County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Habersham County school district.
HR 755. By Representative Dover of the llth:
A resolution proposing an amendment to the Constitution so as to exempt certain homestead property in Habersham County from ad valorem taxes levied for school purposes.
HR 757. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of the City of Thomaston Business Development Authority.
HR 758. By Representatives Harris, Hasty and Anderson of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence.

TUESDAY, FEBRUARY 26, 1980

1899

HR 771. By Representatives Johnson, Lee, Benef ield and Wood of the 72nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of the Clayton County Business and Industrial Authority and to provide for its purposes, powers, and duties and to authorize the General Assembly to provide by law for the exercise of the powers of taxation within Clayton County.

HR 772. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Atkinson County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Atkinson County School District taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.

HR 773. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Clinch County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all Clinch Coun ty School District taxes in the amount of $ 10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.

HR 774. By Representative Dixon of the 151st:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Charlton County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Charlton County School District taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.
HR 775. By Representatives Dixon of the 151st and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide each resident of the Ware County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all Ware CountySchool District taxes in the amount of $10,000.00 of assessed value of the homestead owned and occupied by him as a residence.

1900

JOURNAL OF THE SENATE,

HR 776. By Representative Dixon of the 151st:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Waycross Independent School District that is sixty-two years of age or over and whose income from all sources, in cluding the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all ad valorem taxes levied by the City of Waycross for educational purposes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1758. By Representative Jones of the 78th:
A bill to amend an Act creating a board of commissioners for Lamar Coun ty, so as to change the provisions relating to the compensation of the chair man and members of the board.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 227. By Senators Land of the 16th and Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to provide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide for submis sion of this amendment for ratification or rejection.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 492. By Representatives Balkcom of the 140th, Long of the 142nd, Rowland of the 119th and others:
A bill to amend Code Title 109A, known as the Uniform Commercial Code, so as to change the time within which a secured party must file a financing statement in order to take priority over the rights of other creditors between the time the security interest attaches and the time of filing.

HB 1477. By Representatives Thomas of the 66th, Carnes of the 43rd, Evans of the 84th and others:
A bill to amend Code Title 8, relating to attachment, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made; to pro vide for certain determinations regarding the contents of certain affidavits.

TUESDAY, FEBRUARY 26, 1980

1901

HB 1568. By Representative McDonald of the 12th: A bill to provide for the licensing of transient merchants.

HB 1571. By Representative Bray of the 70th:
A bill to amend Code Chapter 84-3A, relating to the Georgia Auctioneers Commission, particularly by a Resolution approved April 6, 1978 (Ga. Laws 1978, p. 2106), so as to continue the Georgia Auctioneers Commission and the laws relating thereto until July 1, 1984.

HB 1612. By Representative Wood of the 9th:
A bill to amend an Act known as the "Georgia Military Forces Reorganiza tion Act of 1955", so as to provide that no judge, district attorney, solicitor, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military property.

HB 1664. By Representative Johnson of the 66th:
A bill to amend Code Section 34-801, relating to the date of the general primary, so as to provide that the general primary shall be conducted on a different date under certain conditions.

HB 1676. By Representative Richardson of the 52nd:
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 certain photographs of an abused child may be taken without the permission of the child's parent or guardian.

HB 1578. By Representatives Marcus of the 26th, Collins of the 144th, Harris of the 8th and others:
A bill to authorize a program of relief for elderly Georgians from the cost of pharmaceuticals.
HB 1380. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Section 108-417, relating to investments by trustees of trust funds, so as to provide that certain investments of trust funds by guard ians may be made under an order of the probate court.
HB 1277. By Representatives Coleman of the 118th, Colbert of the 23rd, Ramsey of the 3rd and others:
A bill to provide for the authority and powers of fire departments; to provide for general powers during fires, explosions, or other emergencies; to provide for the authority of counties, municipalities, or other political subdivisions in connection with fire services.

1902

JOURNAL OF THE SENATE,

HB 763. By Representatives Ross of the 76th and Coleman of the 118th:
A bill to amend an Act granting certain campus policemen employed by public or private colleges and universities in the State certain law enforce ment powers so as to provide for the certification and registration of campus policemen.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 632. By Representatives Murray of the 116th and Castleberry of the 111th: A resolution designating the "Andersonville Trail".

HR 716. By Representatives Lambert of the 112th, Hatcher of the 131st, Colwell of the 4th and others:
A resolution authorizing the Department of Natural Resources to acquire certain tracts of land on Sapelo Island.

The House adheres to 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 1103. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for fire fighters.

The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Coleman of the 118th and Manner of the 130th.
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1512. By Representatives Parham of the 109th and Cooper of the 19th:
A bill to amend Code Section 79A-406, relating to the annual registration of pharmacists, so as to provide educational requirements as a prerequisite for the issuance of an annual renewal certificate of registration.

HB 1354. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to delete certain language from the provisions relative to the Maximum Plan.

TUESDAY, FEBRUARY 26, 1980

1903

HB 1800. By Representative Reaves of the 147th:
A bill to amend Code Chapter 22-13, relating to business corporations, so as to provide for the revival of corporations whose period of duration has ex pired and which have not been revived within ten years immediately follow ing the expiration date fixed by their articles of incorporation.

HB 1764. By Representatives Harris of the 8th, Carrell of the 75th, Hamilton of the 31st, and others:
A bill to create the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee; to abolish the Franklin D. Roosevelt Warm Springs Memorial Commission.

HB 1635. By Representative Williams of the 6th:
A bill to amend an Act providing for regulating the employment of children, so as to allow the Commissioner of Labor to designate hazardous machines, processes, and industries by regulations.

HB 1751. By Representatives Knight of the 67th, Bray of the 70th, Ware of the 68th, and others:
A bill to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such addi tional judge by the Governor.

HB 1801. By Representative Reaves of the 147th:
A bill to amend Code Chapter 65-2, known as the "Cooperative Marketing Act", so as to remove the dividend limitation on preferred stock.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 507. By Representative Ralston of the 7th: A resolution authorizing the conveyance of certain State-owned real proper ty located in Gordon County, Georgia to Mr. Clifford W. Smith.

HR 718. By Representatives Barnes of the 43rd and Burruss of the 21st:
A resolution to repeal a resolution authorizing the conveyance of certain real property in Fulton County, Georgia, in exchange for certain other real property in Fulton County, Georgia.

HR 756. By Representative Harris of the 8th:
A resolution authorizing the conveyance by the Board of Regents of certain state-owned property located within Bartow County to the Victory Temple.

1904

JOURNAL OF THE SENATE,

HR 564. By Representatives Housley of the 21st, Cooper, Wilson and Kaley of the 19th and others:
A resolution designating a certain bridge as the Archibald Holland Bridge.

HR 589. By Representative Snow of the 1st:
A resolution creating the Joint Local Mental Health and Mental Retardation Governance Study Committee.

HR 490. By Representatives Nix of the 20th, Cooper of the 19th, Isakson of the 20th and others:
A resolution designating Georgia Secretary's Week and Georgia Secretary's Day.

The House has agreed to the Senate substitute to the following resolution of the House:

HR 516. By Representative Swann of the 90th:
A resolution proposing an amendment to the Constitution so as to limit the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes.

The House has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt or intoxicating liquors or beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 835. By Representatives Carrell of the 75th, Ross of the 76th, Phillips of the 91st and others:
A bill to amend an Act creating a Professional Practices Commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other regularly recognized professions so as to change the provisions relating to violations of standards, investigations, recommen dations and actions.

TUESDAY, FEBRUARY 26, 1980

1905

HB 1376. By Representative Hatcher of the 131st:
A bill to amend Code Section 88-3112.7, relating to the revocation of cer tificates of advanced emergency medical technicians and cardiac techni cians, so as to permit the Composite State Board of Medical Examiners to subpoena documents relating to the fitness of advanced emergency medical technicians and cardiac technicians.

HB 1389. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend an Act establishing the State Employees' Retirement System so as to change the provisions relative to disability retirement benefits for members of the Uniform Division of the Department of Public Safety, Department of Natural Resources law enforcement personnel.

HB 1478. By Representatives Robinson of the 58th, Elliott of the 49th, Clark of the 55th and others:
A bill to amend Code Section 23-406, relating to the recording of the survey and plat in connection with settling disputed county lines, so as to provide that, when a county boundary line in dispute has been established as final and conclusive, it may subsequently be changed only in accordance with the law providing for a change of county lines.

HB 1585. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th: A bill to repeal certain specific general Acts of local application relating to the sale of fireworks which have been superseded by the later enactment of an Act prohibiting the sale of fireworks.
HB 1749. By Representatives Tolbert of the 56th, Williamson of the 45th, Linder of the 44th and others: A bill to amend Code Chapter 91A-31, relating to intangible personal prop erty tax, so as to provide for a separate digest for said tax; to provide for con fidentiality of records relating to said tax.
HB 1771. By Representatives Murphy of the 18th and Russell of the 64th: A bill to amend Code Title 88, relating to public health, so as to provide cer tain notice and consultation rights to guardians and representatives of both adults and minors who are hospitalized or being habilitated as mentally ill, mentally retarded, or alcohol or drug dependent persons.
HB 1699. By Representative Knight of the 67th: A bill to create and establish a small claims court in certain counties of this State.

1906

JOURNAL OF THE SENATE,

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 350. By Senators Lester of the 23rd, Gillis of the 20th, Turner of the 8th and others:
A resolution commending the Honorable Jack W. Morton and the staff of the Georgia Tax Reform Commission.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 152. By Representative Ross of the 76th: A resolution compensating Mr. Donald K. Cartledge.

HR 433. By Representative Nix of the 20th: A resolution compensating Norma Jean Florence.

HR 454. By Representative Castleberry of the 111 th: A resolution compensating Mrs. Mari Parker Healey.

HR 463. By Representatives Lawson, Jackson and Wood of the 9th: A resolution compensating Mr. W.P. Dean

HR 479. Bv Reoresentatives Anderson. Hascv and Harris ot the 8th: A resolution compensating Mr. Alien D King.

HR 493. By Representative Nichols of the 27th: A resolution compensating Ms. Kathy Esterling.

HR 509. By Representative Mostiler of the 71st: A resolution compensating Mr. Richard Alien Todd.
The following resolutions of the Senate were introduced, read the first time and referred to committees:

SR 375. By Senators Ballard of the 45th, Hill of the 29th, Tysinger of the 41st and others:
A resolution creating the Joint Workers' Compensation Study Committee. Referred to Committee on Industry, Labor and Tourism.

TUESDAY, FEBRUARY 26, 1980

1907

SR 377. By Senator Evans of the 37th:
A resolution creating a Senate Study Committee on General Revenue Shar ing. Referred to Committee on Community Affairs.

SR 378. By Senator Broun of the 46th:
A resolution expressing contempt and disgust at the recent political behavior of the Mayor of the City of Chicago, the Honorable Jane Byrne. Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 492. By Representatives Balkcom of the 140th, Long of the 142nd, Rowland of the 119th and others:
A bill to amend Code Title 109A, known as the Uniform Commercial Code, so as to change the time within which a secured party must file a financing statement in order to take priority over the rights of other creditors between the time the security interest attaches and the time of filing .
Referred to Committee on Judiciary.

HB 763. By Representatives Ross of the 76th and Coleman of the 118th:
A bill to amend an Act granting certain campus policemen employed by public or private colleges and universities in this State certain law enforce ment powers so as to provide for the certification and registration of campus policemen.
Referred to Committee on Higher Education.

HB 835. By Representatives Carrell of the 75th, Ross of the 76th, Phillips of the 91st and others:
A bill to amend an Act creating a Professional Practices Commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other regularly recognized professions so as to change the provisions relating to violations of standards, investigations, recommen dations and actions.
Referred to Committee on Education.

HB 1277. By Representatives Coleman of the 118th, Colbert of the 23rd, Ramsey of the 3rd and others:
A bill to provide for the authority and powers of fire departments; to provide for general powers during fires, explosions, or other emergencies; to provide for the authority of counties, municipalities, or other political subdivisions in connection with fire services.
Referred to Committee on Governmental Operations.

1908

JOURNAL OF THE SENATE,

HB 1354. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to delete certain language from the provisions relative to the Maximum Plan. Referred to Committee on Retirement.

HB 1376. By Representative Hatcher of the 131st:
A bill to amend Code Section 88-3112.7, relating to the revocation of cer tificates of advanced emergency medical technicians and cardiac techni cians, so as to permit the Composite State Board of Medical Examiners to subpoena documents relating to the fitness of advanced emergency medical technicians and cardiac technicians.
Referred to Committee on Human Resources.

HB 1380. By Representatives Vandiford of the 53rd and Mangum of the 56th:
A bill to amend Code Section 108-417, relating to investments by trustees of trust funds, so as to provide that certain investments of trust funds by guard ians may be made under an order of the probate court. Referred to Committee on Special Judiciary.

HB 1389. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to disability retirement benefits for members of the Uniform Division of the Department of Public Safety, Department of Natural Resources law enforcement personnel.
Referred to Committee on Retirement.

HB 1477. By Representatives Thomas of the 66th, Games of the 43rd, Evans of the 84th and others:
A bill to amend Code Title 8, relating to attachment, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made; to pro vide for certain determinations regarding the contents of certain affidavits.
Referred to Committee on Judiciary.

HB 1478. By Representatives Robinson of the 58th, Elliott of the 49th, Clark of the 55th and others:
A bill to amend Code Section 23-406, relating to the recording of the survey and plat in connection with settling disputed county lines, so as to provide that, when a county boundary line in dispute has been established as final and conclusive, it may subsequently be changed only in accordance with the law providing for a change of county lines.
Referred to Committee on Judiciary."

TUESDAY, FEBRUARY 26, 1980

1909

HB 1512. By Representatives Parham of the 109th and Cooper of the 19th:
A bill to amend Code Section 79A-406, relating to the annual registration of pharmacists, so as to provide educational requirements as a prerequisite for the issuance of an annual renewal certificate of registration. Referred to Committee on Human Resources.

HB 1568. By Representative McDonald of the 12th: A bill to provide for the licensing of transient merchants.
Referred to Committee on Industry, Labor and Tourism.

HB 1571. By Representative Bray of the 70th:
A bill to amend Code Chapter 84-3A, relating to the Georgia Auctioneers Commission, particularly by a resolution approved April 6, 1978 (Ga. Laws 1978, p. 2106), so as to continue the Georgia Auctioneers Commission and the laws relating thereto until July 1, 1984.
Referred to Committee on Industry, Labor and Tourism.

HB 1578. By Representatives Marcus of the 26th, Collins of the 144th, Harris of the 8th and others:
A bill to authorize a program of relief for elderly Georgians from the cost of pharmaceuticals. Referred to Committee on Consumer Affairs.

HB 1612. By Representative Wood of the 9th:
A bill to amend an Act known as the "Georgia Military Forces Reorganizaion Act of 1955", so as to provide that no judge, district at torney, solicitor, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military property.
Referred to Committee on Defense and Veterans Affairs.

HB 1635. By Representative Williams of the 6th:
A bill to amend an Act providing for regulating the employment of children, so as to allow the Commissioner of Labor to designate hazardous machines, processes and industries by regulations. Referred to Committee on Industry, Labor and Tourism.

HB 1585. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to repeal certain specific general Acts of local application relating to the sale of fireworks which have been superseded by the later enactment of an Act prohibiting the sale of fireworks.
Referred to Committee on Judiciary.

1910

JOURNAL OF THE SENATE,

HB 1664. By Representative Johnson of the 66th:
A bill to amend Code Section 34-801, relating to the date of the general primary, so as to provide that the general primary shall be conducted on a different date under certain conditions. Referred to Committee on Governmental Operations.

HB 1676. By Representative Richardson of the 52nd:
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 certain photographs of an abused child may be taken without the permission of the child's parent or guardian. Referred to Committee on Special Judiciary.
HB 1749. By Representatives Tolbert of the 56th, Williamson of the 45th, Under of the 44th and others:
A bill to amend Code Chapter 91A-31, relating to intangible personal prop erty tax, so as to provide for a separate digest for said tax; to provide for con fidentiality of records relating to said tax. Referred to Committee on Judiciary.
HB 1751. By Representatives Knight of the 67th, Bray of the 70th, Ware of the 68th and others:
A bill to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such addi tional judge by the Governor. Referred to Committee on Judiciary.

HB 1764. By Representatives Harris of the 8th, Carrell of the 75th, Hamilton of the 31 st and Bray of the 70th:
A bill to create the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee; to abolish the Franklin D. Roosevelt Warm Springs Memorial Commission.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1771. By Representatives Murphy of the 18th and Russell of the 64th:
A bill to amend Code Title 88, relating to public health, so as to provide cer tain notice and consultation rights to guardians and representatives of both adults and minors who are hospitalized or being habilitated as mentally ill, mentally retarded, or alcohol or drug dependent persons.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 26, 1980

1911

HB 1800. By Representative Reaves of the 147th:
A bill to amend Code Chapter 22-13, relating to business corporations, so as to provide for the revival of corporations whose period of duration has ex pired and which have not been revived within ten years immediately follow ing the expiration date fixed by their articles of incorporation.
Referred to Committee on Judiciary.

HB 1801. By Representative Reaves of the 147th:
A bill to amend Code Chapter 65-2, known as the "Cooperative Marketing Act", so as to remove the dividend limitation on preferred stock. Referred to Committee on Banking, Finance and Insurance.

HR 490. By Representatives Nix of the 20th, Cooper of the 19th, Isakson of the 20th and others:
A resolution designating the week of April 20 to April 26, 1980, as Georgia Secretary's Week and April 23, 1980, as Georgia Secretary's Day.
Referred to Committee on Rules.

HR 507. By Representative Ralston of the 7th:
A resolution authorizing the conveyance of certain State-owned real proper ty located in Gordon County, Georgia, to Mr. Clifford W. Smith. Referred to Committee on Public Utilities.

HR 564. By Representatives Housley of the 21st, Cooper, Wilson and Kaley of the 19th and Burruss of the 21 st:
A resolution designating a certain bridge as the Archibald Holland Bridge. Referred to Committee on Transportation.

HR 589. By Representative Snow of the 1 st: A resolution creating the Joint Local Mental Health and Mental Retardation Governance Study Committee.
Referred to Committee on Human Resources.
HR 632. By Representatives Murray of the 116th and Castleberry of the 111th: A resolution designating the "Andersonville Trail".
Referred to Committee on Transportation.

1912

JOURNAL OF THE SENATE,

HR 716. By Representatives Lambert of the 112th, Hatcher of the 131st, Colwell of the 4th and Thompson of the 93rd:
A resolution authorizing the Department of Natural Resources to acquire certain tracts of land on Sapelo Island. Referred to Committee on Natural Resources and Environmental Quality.

HR 718. By Representatives Carnes of the 43rd and Burruss of the 21st:
A resolution to repeal a resolution authorizing the conveyance of certain real property in Fulton County, Georgia, in exchange for certain other real property located in Fulton County, Georgia. Referred to Committee on Public Utilities.

HR 756. By Representative Harris of the 8th:
A resolution authorizing the conveyance by the Board of Regents of' certain state-owned property located within Bartow County to the Victory Temple. Referred to Committee on Public Utilities.

HR 152. By Representative Ross of the 76th:
A resolution compensating Mr. Donald K. Cartledge in the amount of $800.00. Referred to Committee on Appropriations.

HR 433. By Representative Nix of the 20th:
A resolution compensating Norma Jean Florence in the amount of $3,659.45. Referred to Committee on Appropriations.

HR 454. By Representative Castleberry of the 111 th:
A resolution compensating Mrs. Mari Parker Healey in the amount of $150.00. Referred to Committee on Appropriations.

HR 463. By Representatives Lawson, Jackson and Wood of the 9th: A resolution compensating Mr. W. P. Dean in the amount of $2,000.00.
Referred to Committee on Appropriations

HR 479. By Representatives Anderson of the 8th, Hasty and Harris of the 8th: A resolution compensating Mr. Alien D. King in the amount of $ 16,524.00.
Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 26, 1980

1913

HR 493. By Representative Nichols of the 27th: A resolution compensating Ms. Kathy Easterling in the amount of $168.75.
Referred to Committee on Appropriations.

HR 509. By Representative Mostiler of the 71st:
A resolution compensating Mr. Richard Alien Todd in the amount of $200.00. Referred to Committee on Appropriations.

HB 1758. By Representative Jones of the 78th:
A bill to amend an Act creating a board of commissioners for Lamar Coun ty, so as to change the provisions relating to the compensation of the chair man and members of the board. Referred to Committee on Community Affairs.

HB 1759. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating judge of the Probate Court (formerly ordinary) of Lamar County and providing for an annual salary, so as to change the compensation of the said judge.
Referred to Committee on Community Affairs.

HB 1760. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Lamar County and providing for an annual salary, so as to change the compensation of said tax commissioner. Referred to Committee on Community Affairs.

HB 1761. By Representative Jones of the 78th:
A bill to amend an Act amending Code Section 21-105, relating to the fees paid coroners, so as to change the compensation of coroners in certain coun ties. Referred to Committee on Community Affairs.

HB 1773. By Representatives Isakson of the 20th, Housley of the 21st, Cooper of the 19th and others:
A bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, so as to change the compensation of said Judge.

1914

JOURNAL OF THE SENATE,

HB 1775. By Representative Clifton of the 107th:
A bill to amend an Act creating and incorporating the City of Richmond Hill, and granting a charter to said city, so as to change the terms of office for the mayor and all city councilmen. Referred to Committee on Community Affairs.

HB 1777. By Representative Collins of the 144th:
A bill to amend an Act to provide a new charter for the City of Pelham, so as to change the time of election of certain members of the city council. Referred to Committee on Community Affairs.

HB 1778. By Representatives Cheeks of the 89th, Padgett of the 86th, Swann of the 90th and others:
A bill to regulate the operation of wreckers in each county of this state hav ing a population of not less than 160,000 nor more than 165,000 according to the U.S. decennial census of 1970 or any future such census.
Referred to Committee on Community Affairs.

HB 1780. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Ga., to provide that certain requirements concerning the man ner of introduction, consideration and passage of ordinances be deleted from the Charter of Columbus, Ga.
Referred to Committee on Community Affairs.

HB 1781. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Ga., to provide that references to certain boards, commis sions, and authorities be deleted from the Charter.
Referred to Committee on Community Affairs.

HB 1782. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain transitional language con tained in the descriptions of the offices of sheriff, ordinary, and tax commis sioner in the Charter of Columbus, Georgia be removed from the Charter.
Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 26, 1980

1915

HB 1783. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain transitional provisions con cerning allocation of indebtedness be deleted from the Charter of Columbus, Georgia.
Referred to Committee on Community Affairs.

HB 1784. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that Article IX entitled "Interim Provi sions" be deleted from the Charter of Columbus, Georgia in its entirety.
Referred to Committee on Community Affairs.

HB 1785. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to clarify that certain provisions of the Charter of Columbus, Georgia, regarding Charter amendments shall take precedence over other laws in the application of laws to Columbus, Georgia.
Referred to Committee on Community Affairs.

HB 1786. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to provide that the terms "Ordinary" and "Court of Ordinary" shall be redesignated "Judge of Probate Court" and "Probate Court" to conform the Charter to State Law.
Referred to Committee on Community Affairs.

HB 1787. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that supervision and direction of civil defense shall be a responsibility of the Director of Public Safety.
Referred to Committee on Community Affairs.

HB 1788. By Representatives Buck of the 95th, Thompson of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that another agency other than the depart ment of administration may prepare personnel rules and regulations and a classification and pay plan for Columbus, Georgia.
Referred to Committee on Community Affairs.

1916

JOURNAL OF THE SENATE,

HB 1789. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain reference to a percentage be corrected in the Charter of Columbus, Georgia.
Referred to Committee on Community Affairs.

HB 1790. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that certain transitional language (regard ing elections) contained in the Charter of Columbus, Georgia be deleted from the Charter.
Referred to Committee on Community Affairs.

HB 1791. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide for the deletion of certain transitional language concerning the division of the territory of Columbus, Ga. into tax ing districts by the Council of Columbus, Ga.
Referred to Committee on Community Affairs.

HB 1792. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Ga., to provide that salaries of the Mayor and members of the Council shall be fixed by ordinance of the Council of Columbus, Ga.
Referred to Committee on Community Affairs.

HB 1793. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that references to certain boards, commis sions and authorities be deleted from the Charter.
Referred to Committee on Community Affairs.

HB 1794. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to fix the time of Council meetings. Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 26, 1980

1917

HB 1795. By Representatives Buck of the 95th, Galer of the 97th, Thompson of the 93rd and others:
A bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, to provide that the Charter of Columbus, Georgia, shall reflect that assessment and collection of property taxes shall be as pro vided by State law.
Referred to Committee on Community Affairs..

HB 1797. ByRepresentativeJessupof the 117th: A bill to create and establish a Small Claims Court of Pulaski County; to prescribe the jurisdiction of said court.
Referred to Committee on Community Affairs.
HB 1798. By Representative Baugh of the 108th: A bill to amend an Act incorporating the Town of Mclntyre, Georgia, so as to change the date of the municipal elections.
Referred to Committee on Community Affairs.
HB 1802. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to change the annual and monthly budget of the sheriff.
Referred to Committee on Community Affairs.
HB 1803. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the compensation of the members of said board.
Referred to Committee on Community Affairs.
HB 1804. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to change the compensation of said commissioner.
Referred to Committee on Community Affairs.
HB 1805. By Representatives Snow of the 1st, Hays of the 1st, Crawford of the 5th and others: A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the maximum amount of compensation of per sonnel.
Referred to Committee on Community Affairs.

1918

JOURNAL OF THE SENATE,

HB 1806. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the qualifications of candidates for the office of mayor and councilman. Referred to Committee on Community Affairs.

HB 1808. By Representatives Moore and Smith of the 152nd:
A bill to amend an Act creating and establishing a small claims court in anf for Coffee County, so as to change the provisions relating to fees. Referred to Committee on Community Affairs.

HB 1809. By Representatives Mann, Clark and Milford of the 13th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on Community Affairs.

HB 1810. By Representatives Mann, Clark and Milford of the 13th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on Community Affairs.

HB 1811. By Representatives Mann, Clark and Milford of the 13th:
A bill to amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of roads and revenues of Franklin Coun ty, so as to change the compensation of the commissioner.
Referred to Committee on Community Affairs.

HB 1812. By Representatives Mann, Clark and Milford of the 13th:
A bill to abolish the present mode of compensating the tax commissioner of Franklin County, known as the fee system; to provide in lieu thereof an an nual salary. Referred to Committee on Community Affairs.

HB 1813. By Representative Crawford of the 5th:
A bill to provide that in certain counties the salary of the county commis sioner shall be the same as that of the sheriff of the county. Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 26, 1980

1919

HB 1815. By Representatives Mann and Clark of the 13th: A bill to create the Franklin County Water and Sewerage Authority.
Referred to Committee on Community Affairs.

HB 1699. By Representative Knight of the 67th:
A bill to create and establish a small claims court in certain counties of this state. Referred to Committee on Community Affairs.

HR 754. By Representative Dover of the 11th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Habersham County to direct the governing authority of Habersham County to impose throughout the entire county cer tain excise taxes on alcoholic beverages sold within Habersham County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Habersham Count)7 school district.
Referred to Committee on Community Affairs.

HR 755. By Representative Dover of the 11th:
A resolution proposing an amendment to the Constitution so as to exempt certain homestead property in Habersham County from ad valorem taxes levied for school purposes. Referred to Committee on Community Affairs.

HR 757. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of the City of Thomaston Business Development Authority.
Referred to Committee on Community Affairs.

HR 758. By Representatives Harris, Hasty and Anderson of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence.
Referred to Committee on Community Affairs.

1920

JOURNAL OF THE SENATE,

HR 771. By Representatives Johnson, Lee, Benef ield, and Wood of the 72nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of the Clayton County Business and Industrial Authority and to provide for its purposes, powers and duties and to authorize the General Assembly to provide by law for the exercise of the powers of taxation within Clayton County.
Referred to Committee on Community Affairs.

HR 772. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Atkinson County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Atkinson County School District taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.
Referred to Committee on Communtiy Affairs.

HR 773. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Clinch County School District who is sixty-two years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all Clinch Coun ty School District taxes in the amount of $ 10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.
Referred to Committee on Community Affairs.

HR 774. By Representative Dixon of the 151st:
A resolution proposing an amendment to the Constitution so as provide that each resident of the Charlton County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Charlton County School District taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.
Referred to Committee on Community Affairs.

HR 775. By Representatives Dixon of the 151st and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide each resident of the Ware County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all Ware County School District taxes in the amount of $10,000.00 of assessed value of the homestead owned and occupied by him as a residence.
Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 26, 1980

1921

HR 776. By Representative Dixon of the 151st:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Waycross Independent'School District that is sixty-two years of age or over and whose income from all sources, in cluding the income of all family members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all ad valorem taxes levied by the City of Waycross for educational purposes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence.
Referred to Committee on Community Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1268. Do pass by substitute.
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 to report the same back to the Senate with the following recommendations:
HB 616. Do pass. HB 776. Do pass by substitute. HB 1291. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman
Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration

1922

JOURNAL OF THE SENATE,

the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 364. Do pass. HB 109. Do pass by substitute. HB 610. Do pass by substitute. HB 611. Do pass. HB 1140. Do pass. HB 1312. Do pass. HB 1315. Do pass by substitute. HB 1479. Do pass. HB 1500. Do pass. HB 1532. Do pass. HB 1561. Do pass. HR 563. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1284. Do pass. HB 1539. Do pass. HR 430. Do pass. HR 472. Do pass. HB 1201. Do pass. HB 1686. Do pass.
Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:

TUESDAY, FEBRUARY 26, 1980

1923

Your Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 894. Do pass.
HB 1445. Do pass as amended.

Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:

Your Committee on Defense and Veterans Affairs has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 873. Do pass.
HR 666. Do pass.

Respectfully submitted, Senator Hudson of the 35th 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 to report the same back to the Senate with the following recommendations:
HB 813. Do pass by substitute. HB 1186. Do pass. HB 1188. Do pass by substitute. HB 1225. Do pass by substitute. HB 1280. Do pass. HB 1435. Do pass. HB 1450. Do pass by substitute. HB 1451. Do pass by substitute.

1924

JOURNAL OF THE SENATE,

HB 1508. Do pass. HB 1510. Do pass. HR 494. Do pass.

Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

Your Committee on Industry, Labor and Tourism has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 816. Do pass.
HB 1441. Do pass as amended.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1174. Do pass. HB 1217. Do pass. HB 1220. Do pass. HB 1352. Do pass. HB 1447. Do pass. HB 1481. Do pass. HB 1617. Do pass. HB 1633. Do pass. HB 1701. Do pass.

Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President:

TUESDAY, FEBRUARY 26, 1980

1925

Your Committee on Public Utilities has had under consideration the following resolutions of the House and instructed me to report the same back to the Senate with the following recommendation:
HR 574. Do pass.
HR 727. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr.'President:

Your Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 279. Do pass by substitute.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1214. Do pass by substitute. HB 1178. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman
Mr. President:
Your Committee on Rules has had under consideration the following resolution of

1926

JOURNAL OF THE SENATE,

the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SR 349. Do pass.

Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Mr. President:

Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1035. Do pass. HB 1036. Do pass. HB 1115. Do pass. HB 1543. Do pass. HB 122. Do not pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1458. Do pass by substitute.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 599. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act authorizing the sale of malt beverages, wine, or

TUESDAY, FEBRUARY 26, 1980

1927

alcoholic beverages by the drink on Sundays in certain counties of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, as amended, so as to change certain population brackets.

SB 600. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend Code Section 87-201, relating to the manner in which elec tions shall be held by counties, municipalities, or divisions on the issuance of bonds, as amended, so as to change certain population brackets; to pro vide an effective date.

SB 601. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act amending Code Section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, as amended, so as to change certain population brackets and to provide that coroner's salary shall be provided in another Act.

SB 602. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act providing a method of payment to superior court judges emeritus who are requested to serve in certain counties so as to change certain population brackets.

SB 604. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act prohibiting, without county approval, the annexa tion of any unincorporated area by any municipality in any county which provides certain services so as to change certain population figures.

SB 606. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th: A bill to amend an Act providing for a Board of Registrations and Elections in certain counties so as to change certain population brackets.
SB 607. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th: A bill to amend Code Chapter 24-27, relating to clerks of the superior courts, as amended, so as to change certain population brackets.

1928

JOURNAL OF THE SENATE,

SB 608. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act empowering certain counties and cities to adopt a "mapped streets plan", as amended, so as to change certain population brackets.

SB 609. By Senators Thompson of the 32nd, Barnes of ihe 33rd and Brantley of the 56th:
A bill to amend an Act providing for a maximum outside width for certain buses in counties of this state having a population of 256,000 or more ac cording to the most recent United States census, as amended, so as to change certain population brackets.

SR 343. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty 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 validation thereof; to provide for the sub mission of this amendment for ratification or rejection.
SR 348. By Senators Johnson of the 34th, Hudson of the 35th, Stephens of the 36th and others:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the College Park Business and Industrial Develop ment Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to pro vide for the method and manner of such issuance and for validation thereof; to provide for submission of this amendment for ratification or rejection.
SR 352. By Senator Foster of the 50th:
A resolution creating the Lake Sidney Lanier Study Committee.

SR 353. By Senators Littlefield of the 6th and Johnson of the 34th: A resolution creating the Juvenile Justice Study Committee.

SR 356. By Senators Lester of the 23rd and Allgood of the 22nd:
A resolution urging the Congress of the United States to reassess priorities in air and water pollution and establish new national objectives which give due consideration to the necessity for conserving scarce energy resources as well as maintaining acceptable environmental standards.

TUESDAY, FEBRUARY 26, 1980

1929

SR 358. By Senator Broun of the 46th: A resolution creating the Joint Child Abuse Study Committee.
HB 787. By Representative Battle of the 124th: A bill to amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975" so as to remove all references to registered certified speciality geologists.

HB 1088. By Representatives Lane of the 40th, Carnes of the 43rd, Smith of the 42nd and Adams of the 36th:
A bill to amend an Act providing that all meetings of any State Department, agency, board, 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 educa tion, 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 1281. By Representatives Williamson of the 45th, Home of the 104th, Bray of the 70th and others:
A bill to amend the Campaign and Financial Disclosure Act, so as to change certain reporting requirements.

HB 1294. By Representative Carnes of the 43rd:
A bill to amend Code Section 24-2703a, relating to fees collected by the child support receiver, so as to provide for the assessment and collection of fees.

HB 1320. 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 in cities having a population of more than 300,000 as disclosed by the United States census of 1920.

HB 1324. By Representative Bolster of the 30th:
A bill to amend the Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Georgia Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial Census of 1970 shall furnish pensions to officers and employees.

HB 1325. By Representative Bolster of the 30th:
A bill to amend the Act 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.

1930

JOURNAL OF THE SENATE,

HB 1326. By Representative Bolster of the 30th:
A bill to amend an Act providing pensions for members of police depart ments in cities having a population of 300,000 (Georgia Laws 1973, p. 2932) or more according to United States Census of 1920.

HB 1424. By Representative Adams of the 36th:
A bill to amend an Act approved March 28, 1969, known as the "Develop ment Authorities Law", so as to provide for a per diem allowance for direc tors of development authorities in certain counties.

HB 1459. By Representatives Carnes of the 43rd and Thomas of the 66th:
A bill to amend Code Section 46-101, relating to the right to writ after judg ment, so as to include judgments obtained in federal courts sitting in this state.

HB 1463. By Representative Ramsey of the 3rd:
A bill to amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, so as to change the provisions relating to the accidents required to be enumerated in the abstract.

HB 1484. By Representative Bolster of the 30th:
A bill to amend an Act known as the "Urban Residential Finance Authorities Act for Large Municipalities", so as to change the provisions relative to purposes for the Act.

HB 1501. By Representative Marcus of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change the cost deposit requirements and the cost charged by the clerk and marshal of said court.

HB 1503. By Representative Nichols of the 27th:
A bill to provide a uniform method of filling vacancies in the offices of judge and Solicitor General of the State Court of Fulton County.

HB 1507. By Representative Beal of the 28th:
A bill to amend an Act creating a purchasing department in certain counties of this State, so as to change the procedures relative to emergency purchases; to change the provisions relative to purchases without competitive bids.

TUESDAY, FEBRUARY 26, 1980

1931

HB 1517. By Representative Colbert of the 23rd:
A bill to amend an Act approved December 15, 1871, creating the City Court of Atlanta, as amended by an Act approved September 6, 1891, creating the Criminal Court of Atlanta, as amended, by an Act approved August 20, 1913, establishing the Municipal Court of the City of Atlanta, as amended by an Act approved July 31, 1925, establishing the Fulton Section of the Municipal Court of Atlanta.

HB 1551. By Representative Marcus of the 26th:
A bill to authorize the governing authorities of certain counties of this state to appropriate mooey for, and to make grants or contributions to any cor poration, association, institution or individual for purely charitable pur poses conducted within such county.

HB 1556. By Representative Lambert of the 112th:
A bill to amend the "Greene County Development Authority Act", so as to delete from said Act provisions relating to definitions of certain terms, pur poses of the authority, issuance of bonds by the authority, functions of the authority, contracts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons handling funds and public debt.

HB 1661. By Representative Chance of the 129th:
A bill to place the coroner of Effingham County on a salary in lieu of the fee system of compensation.

HB 1662. By Representative Chance of the 129th:
A bill to amend an Act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall consist of five commissioners.

HB 1663. By Representative Chance of the 129th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
HB 1682. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide that the governing body of Gwinnett County shall fix the compensation of the judge.

1932

JOURNAL OF THE SENATE,

HB 1685. By Representatives Moore of the 152nd, Moody of the 138th, Smith of the 152nd and Greene of the 138th:
A bill to provide a new charter for the City of Nahunta.

HB 1689. By Representative Chance of the 129th:
A bill to provide for the election of the members of the board of education of Eff ingham County.

HB 1690. By Representative Hanner of the 130th: A bill to create and establish a Small Claims Court in and for Clay County.

HB 1691. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner.

HR 625. By Representatives Wood, Jackson and Lawson of the 9th:
A resolution proposing an amendment to the Constitution so as to provide for a board of elections in Hall County.

HR 676. By Representatives Smith and Moore of the 152nd, Moody and Greene 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 Peace of Brantley County shall have jurisdiction.
HR 682. By Representatives Castleberry of the 111 th and Edwards of the 110th:
A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Stewart County, Georgia, as the Stonewall Jackson Patterson Memorial Bridge.

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1208. By Representatives Johnston of the 56th, Mangum of the 56th, Vandiford of the 53rd and others:
A bill to provide that in all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census certain unac companied minors shall be prohibited from entering certain business establishments primarily engaged in the retail sale of alcoholic beverages in unbroken packages and to prohibit such establishments from permitting the entrance of such minors.

TUESDAY, FEBRUARY 26, 1980

1933

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1319. By Representative Connell of the 87th:
A bill to amend the Charter of the City of Augusta, Georgia, so as to authorize an increase in certain employees' pension fund contributions to the Augusta Employees' Retirement System.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1530. By Representative Connell of the 87th: A bill to amend the Charter of the City 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1624. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Pro bate Court of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the judge of the probate court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

1934

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1625. By Representative Vaughn of the 5 7th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk; to authorize the clerk to participate in the Group Retirement and Hospitalization Benefit programs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1626. By Representative Vaughn of the 57th: o
A bill to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the powers of the court; to change the time within which the clerk is required to remit fines and forfeitures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1627. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26. 1980

1935

HB 1628. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to authorize the tax commissioner to participate in the Group Retirement and Hospitalization Benefit programs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1629. By Representative Vaughn of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an an nual salary, so as to change the compensation of the sheriff; to authorize the sheriff to participate in the Group Retirement and Hospitalization Benefit programs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1630. 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 compensation of the chairman and the other members of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1936

JOURNAL OF THE SENATE,

HB 1650. By Representative Lord of the 105th:
A bill to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of members of the town council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1651. By Representative Lord of the 105th:
A bill to amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the secretaries in the sheriff's office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1652. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to provide for the compensation and expenses of the Coroner of Clayton County; to provide for a deputy coroner and for his compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1653. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to repeal an Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the United States decennial census of 1970 or any future such census.

TUESDAY, FEBRUARY 26, 1980

1937

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1654. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the provisions relative to the compensation of the Chairman and other members of the Board of Commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1655. By Representative Johnson, Benefield, Lee and Wood of the 72nd: A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said of ficer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1656. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

1938

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1657. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1659. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the State salary of said judges.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1660. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act providing for a county supplement to the State salary of the District Attorney of Clayton Judicial Circuit, so as to change the amount of said supplement.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 1980

1939

HB 1673. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Board of Commissioners for Troup Coun ty, so as to change certain provisions relating to compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 556. By Senators Coverdell of the 40th and Bond of the 39th:
A bill to provide for the creation of the Capital City Safety Assistance Com mittee; to provide for the purpose of the Committee; to provide for the membership of the Committee; to provide for local government account ability to the Committee.

The Senate Committee on Community Affairs offered the following substitute to SB 556:

A BILL
To be entitled an Act to provide for the creation of the Capital City Safety Assistance Committee; to provide for the purpose of the Committee; to provide for the membership of the Committee; to provide for local government accountability to the Committee; to provide for other matters relative to the foregoing; to provide an effective date; to provide for a ter mination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Creation, (a) There is hereby created the Capital City Safety Assistance Committee to be composed of the President Pro Tempore of the Senate; the Speaker Pro Tempore of the House; the Chairperson of the Fulton County Senate delegation; the Chairperson of the Fulton County House delegation; one member of the Fulton County Senate delegation elected by a majority vote of the membership of said delegation; and one member of the Fulton County House delegation elected by a majority vote of the membership of said delegation. The Commissioner of Public Safety of the City of Atlanta, the Chief of the Fulton County Police Department, and the District Attorney of the Atlanta Judicial Circuit, shall also serve as ex officio nonvoting members of the Committee.
(b) The organizational meeting of the Committee shall be held on the call of the President Pro Tempore of the Senate, and at said organizational meeting, the Committee shall elect a Chairman and Vice-Chairman and such other officers as it deems necessary. The Committee shall adopt rules

1940

JOURNAL OF THE SENATE,
or bylaws for its own government. The Committee shall meet for the pur pose of reorganizing itself and electing officers during January immediately following each election of members of the General Assembly. The Commit tee may meet at such times and places as it deems necessary to carry out its duties as hereinafter provided by this Act.
(c) The legislative members of the Committee shall receive the same ex penses and allowances for their services on the Committee as is authorized by law for members of interim legislative committees.
(d) The Committee shall be authorized to employ such staff as may be necessary to carry out its duties as hereinafter provided.
(e) The funds necessary to carry out the provisions of this Act shall come from funds appropriated or available to the legislative branch of government.
Section 2. Purpose. The Committee is. created for the purpose of acting as a liaison agency relative to the provision of public safety services in the Capital City region. The Committee shall give attention to the state's role, responsibility, and resources in insuring the safety of residents of and visitors to the Capital City. The Committee may review reports relating to public safety within the Capital City, consult with public officials involved in the delivery of public safety services, and review and recommend proposed legislation assisting public safety within the Capital City region.
Section 3. Cooperation with Committee, (a) State officials shall cooperate with the Committee to enable it to carry out its duties as provided in Section 2 of this Act and shall provide the Committee with such informa tion, reports, and assistance as may be requested by the Committee for such purposes. Local public officials shall likewise cooperate with and assist the Committee for such purposes.
(b) The Committee may issue such reports from time to time as it deems necessary or appropriate concerning state assistance to the Capital City region for the purposes of public safety.
Section 4. Effective date. This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
Section 5. Termination date. This Act shall stand repealed in its entire ty on December 31, 1981.
Section 6. Repealer. All laws and part of laws in conflict with this Act are hereby repealed.

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 passage of the bill by substitute, was agreed to.

TUESDAY, FEBRUARY 26, 1980

1941

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1159. By Representatives Swann of the 90th, Daniel of the 88th, Dent of the 85th and Connell of the 87th:
A bill to amend Code Chapter 91 A-13, relating to county tax officials and administrative procedures, so as to authorize ad valorem taxing jurisdic tions in each county having a population of not less than 145,000 and not more than 165,000 to establish the rate of interest and penalty to be charged with respect to delinquent tax collections.

The Senate Committee on Community Affairs offered the following substitute to

HB1159:

A BILL

To be entitled an Act to amend Code Chaper 91A-13, relating to county tax officials and administrative procedures, so as to authorize ad valorem taxing jurisdictions in each county having a population of not less than 145,000 and not more than 165,000, according to the census, to establish the rate of interest and penalty to be charged with respect to delinquent tax collections; to provide limitations; to provide for other matters relative to the foregoing; to provide for inapplicability; 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 91 A-13, relating to county tax officials and administrative procedures, is hereby amended by adding a new section after Code Section 91 A-1349, to be designated Code Section 91 A-1349.1, to read as follows:

"91A-1349.1. Delinquent tax collections; change of interest rate and penalty by taxing authority.--(a) The governing authority of each ad valorem taxing jurisdiction, other than the state, in each county having a population of not less than 145,000 and not more than 165,000, ac cording to the census, may specify an annual rate of interest and the penalty to be charged upon delinquent ad valorem taxes levied by the taxing jurisdiction.

(b) The rate of interest specified pursuant to subsection (a) shall not exceed a rate of 15 percent per annum, except that the rate shall not be less than the rate otherwise specified by general law as the rate of interest to be charged upon delinquent ad valorem taxes.

(c) The rate of penalty specified pursuant to subsection (a) shall not exceed five percent of the amount of the delinquency, except that the penalty shall not be less than the penalty, if any, otherwise specified by general law as the penalty to be charged upon delinquent ad valorem taxes.

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(d) In the event no rate of interest or penalty, or both, is specified by a taxing jurisdiction pursuant to subsection (a), the rate of interest or penalty, or both, as appropriate, to be charged by the taxing jurisdiction shall be the rate or penalty otherwise specified by general law.
(e) The provisions of this Act shall not apply during the time an assessment is being appealed pursuant to all applicable rules, regula tions, and laws and for a period of 30 days after, adjudication of the ap peal."
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 part of laws in conflict with this Act are hereby repealed.

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 passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1658. By Representatives Johnson, Benefield, Lee and Wood of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court; to change the provisions relative to the compensation of the solicitor of said court.

Senators Starr of the 44th and Cobb of the 28th offered the following amendment:

Amend HB 1658 by renumbering Sections 3 and 4 as Sections 4 and 5 respectively.
By adding a new Section 3 to read as follows:
"Section 3. Said Act is further amended by striking Section 10, which reads as follows:
'Section 10. Terms of Court. The terms of the Civil and Criminal Court of Clayton County shall be held on the second Monday of each and every month in the year and regular jury trials for civil and criminal

TUESDAY, FEBRUARY 26, 1980

1943

cases shall be held on the second Monday in January, April, July and Oc tober of each year, except that the judge of said court shall have the power to provide for additional trials by juries in any month that he deems necessary, and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has.',
and inserting in lieu thereof a new Section to read as follows:
'Section 10. Terms of Court. The terms of the State Court of Clayton County shall be held on the same dates now or hereafter provid ed for holding the terms of the Superior Court of Clayton County. The judge shall have the power to provide for additional trials by juries in any month that he deems necessary and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has.' "

On the adoption of the amendment, the yeas were 52, 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, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

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Not answering were Senators Summers (hospitalized) and Tysinger.

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Michael A. Guide, pastor of Guido Evangelistic Association, Inc., Metter, Georgia, who offered Scripture reading and prayer.

The following resolutions of the Senate were read and adopted.

SR 372. By Senators Foster of the 50th, Stephens of the 36th, Cobb of the 28th and others: A resolution commending Mr. Ed Spivia and the Georgia Film Office.
SR 373. By Senators Stephens of the 36th, Hudson of the 35th, Bond of the 39th and others: A resolution recognizing and commending Mrs. Sarah Baker.
SR 376. By Senator Foster of the 50th: A resolution commending Frank Rickman.
SENATE RULES CALENDAR
Tuesday, February 26, 1980 THIRTY-THIRD LEGISLATIVE DAY SB 219. Poet Laureate--provide for appointment (AMENDMENT) (Rules--50th) SB 494. Peace Officer Standards and Training Council--program for police chaplains (SUBSTITUTE) (Judy-15th) SB 563. Person of Sound Mind--acts product of person's will (SJudy-22nd) SB 588. Appeal Bonds--when they shall terminate (S Judy--33rd) SB 157. Accused in Criminal Trial--right to make unsworn statement (Judy--51st) SR 304. Secretaries' Week and Secretaries' Day--urging observance (Rules--32nd) HB 1364. Sheriffs' Retirement--death benefits for surviving spouse (Ret--40th) HB 711. Probation Act--reenact provisions on probation and suspended sentence (SUBSTITUTE) (Judy--6th) HB 1563. Public Transportation Code--vehicle length and load (AMEND MENT) (Trns--48th) HB 1509. Agricultural Commodities Commissions--membership (AMEND MENT) (Ag--24th)

TUESDAY, FEBRUARY 26, 1980

1945

HB 1057. Barber Act--change "barber establishment" to "barber shop" (AMENDMENT) (Hum R--25th)
HR 482. Hall County--conveyance of State-owned real property (Pub U-49th)
HB 1373. Real Estate Brokers and Salesmen--define "licensee" (AMENDMENT) (IL& Tou--29th)
HB 1339. Industrial Loan Act--change penalty provisions (SUBSTITUTE)(BF&I-49th)
HB 1475. Superior Court Clerks--change method of computing minimum salaries (CA-G--llth)
HB 308. Declaration of Estimated Tax--exception those required to make (BF&I-8th)
HB 1165. Sale of Wine by Certain Persons--issuance of license (C Aff--27th)
HB 1601. Department of Natural Resources--disposition of certain property (NREQ-20th)
HB 1300. Factory for the Blind--surplus funds not exceed $350,000 (Ed--11th)
HB 1474. Probate Court Judges--change method of computing minimum salaries (CA-G--llth)
HB 1079. North Georgia College--program of scholarships (H Ed--54th)

HB 1135. Debts Owed to State--set off against income tax refunds (Judy--6th)
HB 1209. Liability of Corporate Sureties--damages, attorney's fees (SUB STITUTE) (Judy-6th)

HB 1189. Emergency Telephone Number--certain emblems used on certain vehicles (IL&Tou--28th)
HB 619. Cities, Counties--installment payments of ad valorem tax certain years (SUBSTITUTE) (BF&I--23rd)
HB 1191. Board of Registration for Used Motor Vehicle Parts Dealerscontinue until 7/1/82 (Gov Op--25th)
HB 1104. Corporation Registered Agent/Office Change--reports (Judy--49th)
HB 1192. Board of Registration of Used Car Dealers--continue until 7/1/82 (Gov Op--19th)
HB 1283. Renting, Leasing, Loaning Motor Vehicles--comply with provisions of Code (Trns--48th)
HB 1408. Municipal Superintendents--additional powers and duties (Gov Op--25th)

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HB 1470. Coroners--provide for deputies, appointment and compensation (S Judy-17th)
HB 1494. Municipal Court Judges--expunge criminal records certain circumstances (SUBSTITUTE) (Judy--6th)

Respectfully submitted,
1st Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 219. By Senators Foster of the 50th, Wessels of the 2nd and Riley of the 1 st:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities so as to provide for the appointment of the Poet Laureate for the State of Georgia; to provide for matters relative thereto; to provide an effec tive date.

The Senate Committee on Rules offered the following amendment:

Amend SB 219 on Page 2, line 5 by striking the figure "1979", and in serting in lieu thereof the following:
"1980".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes

Bell Brantley Brown of 47th Carter

Cobb Coverdell Dean Eldridge

TUESDAY, FEBRUARY 26, 1980

1947

English Evans Fincher of 52nd Fincher of 54th Foster Gillis Hill Horton Howard Hudgins Hudson Johnson

Kennedy Kidd Land Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott

Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Bryant

Greene Holloway (presiding) Langford

Littlefield Summers

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 494. By Senators Hudgins of the 15th and Hudson of the 35th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a training program and stan dards for police chaplains.

Senator Greene of the 26th offered the following substitute to SB 494:

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, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a training program and stan dards for police chaplains; to provide for certificates; to provide for the suspension or revocation of certificates; to provide that the provisions relating to police chaplains shall not be mandatory; 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 Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as

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amended, is hereby amended by adding between Sections 6 and 7 a new sec tion, to be designated Section 6A, to read as follows:
"Section 6A. (a) In addition to the other powers vested in the Georgia Peace Officer Standards and Training Council, the council may develop a training program and standards for certification of police chaplains. The council shall issue certificates to qualified police chaplains who desire to be certified and who meet the standards and complete the training program.
(b) The council may suspend or revoke the certification of any police chaplain who commits an offense or act set forth in subsection (g) of Sec tion 6.
(c) The provisions of this section shall be optional for police chaplains, and a person who is not certified pursuant to this section shall not be prohibited from serving as a police chaplain."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Carter Cobb Coverdell Dean Eldridge English Fincher of 54th

Foster Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

TUESDAY, FEBRUARY 26, 1980

Those not voting were Senators:

Bryant Evans Fincher of 52nd

Greene Holloway (presiding)

Johnson Summers

1949

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 563. By Senators Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Title 26, relating to crimes, as amended, by repealing Code Section 26-603, relating to the presumption that the acts of a person of sound mind are the product of the peron's will; to amend Code Section 26-604, relating to the presumption that a person of sound mind intends the natural and probate consequences of his acts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Cobb Coverdell
Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Hudson Kennedy Kidd
Land Langford
Lester Littlefield McGill Overby

Those not voting were Senators:

Barker Bryant Fincher of 52nd Holloway (presiding)

Howard Hudgins Johnson

Paulk Reynolds Riley Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Robinson Stephens Summers

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 588. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-901, relating to before whom offenses are bailable, as amended, so as to provide the time when appeal bonds shall ter minate; to provide when such bonds shall be effective where a petition or application has been filed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Langford Lester Littlefield McGill

Those not voting were Senators:

Bryant Fincher of 52nd Holloway (presiding)

Hudson Johnson Russell

Overby Paulk Reynolds Riley Robinson Scott Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Walker Wessels
Starr Summers Thompson

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 1980

1951

SB 157. By Senators Langford of the 51st, Ballard of the 45th, Allgood of the 22nd and others:
A bill to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party and shall permit the defendant to make his own statement, and to amend Code Sec tion 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, so as to provide that the accused in criminal trials shall have the right to make an unsworn statement.

Senator Langford of the 51st moved that SB 157 be committed to the Committee on Judiciary.

On the motion, the yeas were 39, nays 1; the motion prevailed, and SB 157 was committed to the Committee on Judiciary.

SR 304. By Senators Thompson of the 32nd, Barnes of the 33rd, Hill of the 29th and others:
A resolution urging the observance of Secretaries' Week and Secretaries' Day.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy
Kidd Land Langford Lester Littlefield

McGill Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens
Stumbaugh Thompson Turner Walker Wessels

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Voting in the negative were Senators Allgood and Sutton.

Those not voting were Senators:

Fincher of 52nd Holloway (presiding) Hudson

Summers Tate

Timmons Tysinger

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1364. By Representative Coleman of the 118th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that death benefits paid in the form of an annuity for the re maining life of the surviving spouse of an active member sheriff who dies before having terminated his official capacity and service as a sheriff shall be paid in lieu of a return of dues to the member sheriff's spouse.
Senate Sponsor: Senator Coverdell of the 40th.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 30, 1980

SUBJECT: Fiscal Note - House Bill 1364 Sheriffs' Retirement Fund

This Bill would revise that portion of current law concerning benefits paid to the surviving spouse of a member who dies while still serving as a sheriff after becoming eligible to receive retirement benefits (age 55 with at least four years' service). Currently, the surviving spouse of a member who dies in office after becoming eligible to receive retirement benefits receives an annuity for life, a refund of the member's contributions (without in terest), and a lump sum payment of $3,000. This proposed legislation would delete the refund of the member's contributions.

TUESDAY, FEBRUARY 26, 1980

1953

Based on the currejit member contribution rate of $20 per month for a maximum of 25 years, this Bill would result in a savings to the fund of a maximum of $6,000 ($20 x 12 x 25) per occurrence. In 1979, one spouse received a refund of the member's contributions as a result of the member dying in office after becoming eligible for retirement. Of the fund's 131 ac tive members, 53 are currently eligible to receive retirement benefits should they cease to hold office. Senate Bill 479 introduced in the 1980 legislative session is identical to this Bill.

Isl William M. Nixon State Auditor

Isl 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Voting in the negative was Senator Stephens.

Those not voting were Senators:

Evans Fincher of 52nd Holloway (presiding)

Howard Hudson

Summers Timmons

On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed.

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The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:

SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

The Conference Committee Report was as follows:
The Conference Committee on Senate Bill 68 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to Senate Bill 68 be adopted.

FOR THE SENATE
/si Joe L. Thompson Senator, 32nd District

Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES
Is/ Rene' D. Kemp Representative, 139th District

/si Nathan Dean Senator, 31 st District

1st Benson Ham Representative, 80th District

Is/ Julian Bond Senator, 39th District

Is/ James M. Beck Representative, 148th District

Conference Committee substitute to SB 68:

A BILL
To be entitled an Act to amend Code Chapter 58-6, relating to miscellaneous provisions concerning alcoholic beverages, as amended, so as to change the age at which persons can be furnished alcoholic beverages; to provide for exceptions; to provide for penalties; to provide for definitions; to change the age at which persons may purchase or possess alcoholic beverages and for whom others may purchase or acquire alcoholic beverages; to prohibit certain misrepresentations regarding age; to provide for first offenders; to provide that certain testimony shall be privileged; to repeal specifically an Act relating to the purchase of alcoholic beverages by

TUESDAY, FEBRUARY 26, 1980

1955

or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797); 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, so as to delete certain references to furnishing alcoholic beverages to minors; to provide for construction of this Act; to pro vide exceptions for members of the armed forces; to provide for legislative findings; 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 General Assembly finds that teenage drinking is becom ing an increasingly serious problem in the state.
Section 2. Code Chapter 58-6, relating to miscellaneous provisions concerning alcoholic beverages, as amended, is hereby amended by striking in its entirety Code Section 58-612, which reads as follows:
"58-612. Furnishing liquor to minors. Any person who knowingly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intox icating or malt liquors, without first obtaining written authority from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five years.",
and substituting in lieu thereof a new Code Section 58-612 to read as follows:
"58-612. Furnishing alcoholic beverages to underage persons, (a) Except as now or hereafter provided by law, it shall be unlawful for any person knowingly, by himself or through another, to furnish or cause to be furnished, or permit any other person in his employ to furnish any per son under 19 years of age any distilled spirits, wines, malt beverages, or any other alcoholic beverages, unless furnished for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;
(2) At a religious ceremony; or
(3) In the home with parental consent.
(b) Any person violating the provisions of subsection (a) of this sec tion shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor; provided, no person shall be con victed under this Code section if such person has been furnished with proper identification showing that the person who is being furnished the distilled spirits, wines, malt beverages, or other alcoholic beverages is 19 years of age or over. For purposes of this subsection (b), 'proper iden tification' means any document issued by a governmental agency con taining a description of the person, such person's photograph, or both, and giving such person's date of birth, and includes without being

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limited to a passport, military identification card, driver's license, or an identification card authorized under an Act providing for the issuance of identification cards by the Department of Public Safety, approved April 17,1973 (Ga. Laws 1973, p. 807), as now or hereafter amended but shall not include a birth certificate."
Section 3. Said Code chapter is further amended by adding after Code Section 58-612 a new Code Section 58-612.1 to read as follows:
"58-612.1. Purchase of alcoholic beverages by underage persons, (a) Except as now or hereafter provided by law, it shall be unlawful for any person under 19 years of age to purchase or knowingly to possess any distilled spirits, wines, malt beverages, or any other alcoholic beverages, unless for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;
(2) At a religious ceremony; or
(3) In the home with parental consent.
(b) It shall be unlawful for any person under 19 years of age to misrepresent his age in any manner whatever for the purpose of illegally obtaining any distilled spirits, wines, malt beverages, or any other alcoholic beverages.
(c) It shall be unlawful for any person knowingly and intentionally to act as an agent to purchase or acquire any distilled spirits, wines, malt beverages, or any other alcoholic beverages for or on behalf of a person under 19 years of age, except for the authorized purpose set forth in paragraphs (1), (2), or (3) of subsection (a) of this section.
(d) Any person violating the provisions of subsections (a), (b), or (c) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor; provided that any person con victed of knowing possession pursuant to subsection (a) of this section shall be punished by not more than 30 days' imprisonment, a fine of not more than $300.00, or both.
(e) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of subsection (a) or (b) of this Code section, the court may, without entering a judgement of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require. Said terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint him with the ill effects of alcohol abuse and to pro vide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed

TUESDAY, FEBRUARY 26, 1980

1957

accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for pur poses of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person.
(f) Testimony by any person under 19 years of age, when given in an administrative or judicial proceeding against another person for viola tion of any provision of Code Section 58-612 or this Code section, shall not be used in any administrative or judicial proceeding brought against such testifying person under 19 years of age."
Section 4. An Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), is hereby repealed in its entirety.
Section 5. An Act known as the "Revenue Tax Act to Legalize and Con trol Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking from Section 15 the following:
"Any person",
and substituting in lieu thereof the following:
"Except as otherwise provided by law, any person",
and by striking the following:
"to any minor.",
so that when so amended Section 15 of said Act shall read as follows:
"Section 15. Except as otherwise provided by law, any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misde meanor."
Section 6. Nothing in this Act shall be construed to prohibit any person from dispensing, serving, selling, handling, or from being employed in any brewery or other establishment wherein any distilled spirits, wines, malt beverages, or other alcoholic beverages are distilled or manufactured or tak ing orders for distilled spirits, wines, malt beverages, or other alcoholic beverages and having possession of distilled spirits, wines, malt beverages, or other alcoholic beverages in so doing if such conduct is not otherwise pro hibited by an Act restricting the employment of persons under 18 years of age to dispense, serve, sell, or take orders for distilled spirits, wines, malt beverages, or other alcoholic beverages and providing exceptions thereto, approved March 5, 1976 (Ga. Laws 1976, p. 409).

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Section 7. (a) Notwithstanding any other provision of the law to the contrary, any person who is 18 years of age or older and who is an active member of the regular armed forces of the United States is hereby authoriz ed to purchase, consume, possess, or any combination thereof, any distilled spirits, wines, malt beverages, or other alcoholic beverages.
(b) In order to purchase any such beverages under subsection (a), a per son must present a valid military identification card.
Section 8. Nothing in this Act shall be construed to modify, amend, or supersede Code Title 24A, the Juvenile Court Code of Georgia, as now or hereafter amended.
Section 9. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 10. This Act shall become effective on September 1, 1980.
Section 11 All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Thompson of the 32nd moved that the Senate adopt the Conference Com mittee Report on SB 68.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Foster Gillis Greene Hill Horton Howard Johnson Kennedy Kidd Land Langford Lester Littlefield McGill

Paulk Reynolds Riley Robinson Russell Starr Stephens Sutton Tate Thompson Timmons Turner Walker Wessels

TUESDAY, FEBRUARY 26, 1980

Those voting in the negative were Senators:

Allgood Ballard Evans

Hudgins Hudson Overby

Scott Stumbaugh Tysinger

1959

Not voting were Senators Fincher of 54th, Holloway (presiding) and Summers.

On the motion, the yeas were 43, nays 9; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 68.

The following general bill was taken up for the purpose of considering the House action thereon:

HB 1103. By Representative McDonald of the 12th:
A bill to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for fire fighters.

Senator Kidd of the 25th moved that the Senate recede from the Senate amendment toHB 1103.

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 Bryant
Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis
Greene Hill Horton Howard Hudgins Hudson Johnson
Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton
Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators Holloway (presiding) and Summers.

1960

JOURNAL OF THE SENATE,

On the motion, the yeas were 53, nays 0, the motion prevailed, and the Senate receded from the Senate amendment to HB 1103.

The President resumed the Chair.

The following general bill of the House, having been read the third time on February 7, 1980, and committed to the Committee on Judiciary, and favorably reported by the committee was put upon its passage:

HB 711. By Representative Carnes of the 43rd:
A bill to amend an Act known as the Statewide Probation Act so as to reenact certain provisions relating to probation and suspended sentences; to repeal certain provisions relating to sentencing for the crime of bastardy which crime no longer exists in this State.
Senate Sponsor: Senator Littlef ield of the 6th:

The Senate Committee on Judiciary offered the following substitute to HB 711:

A BILL
To be entitled an Act to amend an Act known as the Statewide Proba tion Act, approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), so as to reenact certain provisions relating to probation and suspended sentences; to repeal certain provisions relating to sentencing for the crime of bastardy which crime no longer exists in this State; to provide that a sentence for child abandonment may be suspended more than once; to pro vide that the terms and conditions of a suspended sentence for child aban donment may be reviewed and changed by the sentencing court until the abandoned child reaches majority; to provide that such power to change such terms and conditions shall extend to the power to change the amount of support paid by the sentenced person for the abandoned child or children; 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 known as the Statewide Probation Act, approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Sec tion 8 to read as follows:
"Section 8. (a) Any court of this State which has original jurisdiction of criminal actions, except juvenile courts, municipal courts and probate courts where the defendant in a criminal case has been found guilty upon verdict or plea, or who has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment

TUESDAY, FEBRUARY 26, 1980

1961

may, at a time to be determined by the court, hear and determine the question of the probation of such defendent.
(b) Prior to such hearing, the court may refer the case to the circuit probation supervisor of the circuit in which such court is located for in vestigation and recommendation. The court, upon such reference, shall direct the supervisor to make an investigation and report to the court in writing at a specified time upon the circumstances of the offense and the criminal record, social history and present condition of the defendant, together with such supervisor's recommendation, and it shall be the duty of the supervisor to carry out the directive of the court.
(c) If it appears to court upon a hearing of the matter that the defen dant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defen dant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon such defendant but may stay and suspend the execution of such sentence or any portion thereof, or may place him upon probation under the supervision and control of the cir cuit probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed upon such defendant, except as provided in subsection (d).
(d) In a prosecution for and conviction of the offense of abandon ment, the trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the sup port by the defendant of the child or children abandoned, respectively, during the minority of such child or children, respectively, and service of such sentence when so suspended shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of such sentences was suspended.

(2) Service of any sentence so suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before such child or children, respectively, reach the age of majority, after a hearing as hereinbefore provided and a finding by such court that the defendant has failed or refused to comply with the terms and conditions upon which service of such sentence was suspended by the court having jurisdiction thereof.

(3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defen dant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the defen dant shall not be on probation, but such defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during periods of revocation of suspended sentences shall not exceed the maximum period of punishment for the offense.

1962

JOURNAL OF THE SENATE,
(4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defen dant shall be subject to review and modification by the court upon notice and hearing to the defendant as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs. The aforementioned review as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as decrease the amount of child support to be paid as a term and condi tion of the sentence so suspended, and such review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sentence; nor shall such modification, if any, be deemed a change in sentence; nor shall such modification, if any, be deemed to change the suspended sentence to a probated sentence.
(e) The court may, in its discretion, require the payment of a fine or costs or both as a condition precedent to probation.
(f) During the interval between the conviction or plea and the hear ing to determine the question of probation, the court may, in its discre tion, either order the confinement of the defendant without bond or may permit his release on bond, which shall be conditioned on his appearance at the hearing and which shall be subject to the same rules as govern ap pearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant.
(g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sentence, or in any manner deemed advisable by said judge to modify or change said probated sentence at any time during the period of time originally described for the probated sentence to run."
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 part of laws in conflict with this Act are hereby repealed.

Senators Coverdell of the 40th and Howard of the 42nd offered the following substitute to the substitute to HB 711 offered by the Senate Committee on Judiciary:

A BILL
To be entitled an Act to amend an Act known as the Statewide Proba tion Act, approved February 8, 1956 (Ga. Laws 1956, p.27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), so as to .reenact certain provisions relating to probation and suspended sentences; to repeal certain provisions relating to sentencing for the crime of

TUESDAY, FEBRUARY 26, 1980

1963

bastardy which crime no longer exists in this State; to provide that a sentence for child abandonment may be suspended more than once; to pro vide that the terms and conditions of a suspended sentence for child aban donment may be reviewed and changed by the sentencing court until the abandoned child reaches majority; to provide that such power to change such terms and conditions shall extend to the power to change the amount of support paid by the sentenced person for the abandoned child or children; to provide that counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall not be authorized to maintain their own probation system, and all proba tioners within such counties shall be supervised by circuit probation super visors and other probation personnel under the Statewide probation system; to amend Code Section 24A-601, relating to probation officers under the Juvenile Court Code of Georgia, so as to provide that counties having a population of 400,000 or more according to the United States decennial cen sus of 1970 or any future such census shall not be authorized to maintain their own juvenile probation system, and juvenile probationers within such counties shall be supervised by the Department of Human Resources, Divi sion of Youth Services; to provide for State assistance to certain counties providing probation services until such services are provided by the State within such counties; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Sec tion 8 to read as follows:
"Section 8. (a) Any court of this State which has original jurisdiction of criminal actions, except juvenile courts, municipal courts and probate courts where the defendant in a criminal case has been found guilty upon verdict or plea, or who has been sentenced upon a plea of nolo contendere, except for an offehse punishable by death or life imprisonment, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant.
(b) Prior to such hearing, the court may refer the case to the circuit probation supervisor of the circuit in which such court is located for in vestigation and recommendation. The court, upon such reference, shall direct the supervisor to make an investigation and report to the court in writing at a specified time upon the circumstances of the offense and the criminal record, social history and present condition of the defendant, together with such supervisor's recommendation, and it shall be the duty of the supervisor to carry out the directive of the court.
(c) If it appears to court upon a hearing of the matter that the defen dant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defen dant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon such defendant but may stay and

1964

JOURNAL OF THE SENATE,

suspend the execution of such sentence or any portion thereof, or may place him upon probation under the supervision and control of the cir cuit probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed upon such defendant except as pro vided in subsection (d).
(d) (1) In a prosecution for and conviction of the offense of abandon ment, the trial court may suspend the service of the sentence imposed in the case upon such terms and conditons as it may presecibe for the sup port by the defendant of the child or children abandoned, respectively, during the minority of such child or children, respectively, and service of such sentence when so suspended shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of such sentences was suspended.
(2) Service of any sentence so suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before such child or children, respectively, reach the age of majority, after a hearing as hereinbefore provided and a finding by such court that the defendant has failed or refused to comply with the terms and conditions upon which service of such sentence was suspended by the court having jurisdiction thereof.

(3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defen dant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the defen dant shall not be on probation, but such defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during periods of suspended sentences shall not exceed the maximum period of punishment for the offense.

(4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defen dant shall be subject to review and modification by the court upon notice and hearing to the defendant as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs. The aforementioned review as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as decrease the amount of child support to be paid as a term and condi tion of the sentence so suspended, and such review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sentence; nor shall such modification, if any, be deemed a change in sentence; nor shall such modification, if any, be deemed to change the suspended sentence to a probated sentence.

TUESDAY, FEBRUARY 26, 1980

1965

(e) The court may, in its discretion, require the payment of a fine or costs or both as a condition precedent to probation.
(f) During the interval between the conviction qr plea and the hear ing to determine the question of probation, the court may, in its discre tion, either order the confinement of the defendant without bond or may permit his release on bond, which shall be conditioned on his appearance at the hearing and which shall be subject to the same rules as govern ap pearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant.
(g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sentence, or in any manner deemed advisable by said judge to modify or change said probated sentence at any time during the period of time originally described for the probated sentence to run."
Section 2. Said Act is further amended by adding at the end of Section 15 a new paragraph to read as follows:
"Notwithstanding the foregoing provisions of this Section, counties of this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall not be authorized to maintain their own probation system, and all proba tioners within such counties shall be supervised by circuit probation supervisors and other probation personnel provided for in this Act."
Section 3. Said Act is further amended by adding at the end of Section 16 a new paragraph to read as follows:
"Notwithstanding the foregoing provisions of this Section, counties of this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall not be authorized to maintain their own juvenile probation system, and all juvenile probationers within such counties shall be supervised, under the direction of the judge of the juvenile court, by the Department of Human Resources, Division of Youth Services, pursuant to the applicable provisions of the Act known as the 'Children and Youth Act,' approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended."
Section 4. Code Section 24A-601, relating to probation officers under the Juvenile Court Code of Georgia, is hereby amended by adding at the end thereof a new paragraph to read as follows:
"No county of this State having a population of 400,000 or more ac cording to the United States decennial census of 1970 or any future such census shall be authorized to maintain its own juvenile probation system, and all juvenile probationers within any such county shall be supervised, under the direction of the judge of the juvenile court, by the Department of Human Resources, Division of Youth Services, pursuant to the ap plicable provisions of the Act known as the 'Children and Youth Act,' ap proved March 14, 1963 (Ga. Laws 1963, p. 81), as amended."

1966

JOURNAL OF THE SENATE,
Section 5. (a) Section 1 of this Act shall become effective upon the ap proval of this Act by the Governor or upon its otherwise becoming law.
(b) Sections 2, 3, and 4 of this Act shall become effective on July 1, 1982.
(c) Until the time Sections 2, 3, and 4 of this Act become effective as provided in subsection (b) of this Section, the General Assembly shall be authorized to appropriate funds to reimburse, or partially reimburse, coun ties of this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census using local funds to provide adult and juvenile probation systems for such counties.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute offered by Senators Coverdell of the 40th and Howard of the 42nd, the yeas were 36, nays 5, and the substitute to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 38, nays 2, and the .substitute was adopted by substitute.

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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Cobb Coverdell Dean Eldridge Evans
Fincher of 52nd

Fincher of 54th Foster Greene Hill Holloway Horton Howard Hudson Johnson Kidd
Land Langford Lester Littlefield McGill
Overby

Paulk Reynolds Riley Robinson Russell Scott Stephens Stumbaugh Sutton Tate
Thompson Timmons Turner Tysinger Wessels

TUESDAY, FEBRUARY 26, 1980

Those voting in the negative were Senators:

Bryant English Gillis

Hudgins Kennedy

Starr Walker

1967

Not voting was Senator Summers.

On the passage of the bill, the yeas were 47, 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 bills of the House:

HB 1807. By Representatives Hill of the 127th, Scott of the 123rd, Phillips of the 125th and others: A bill to amend an Act creating the State Court of Chatham County, so as to provide for a pre-trial diversion program as a policy of the State Court of Chatham County.
HB 1816. By Representatives Auten of the 154th and Tuten of the 153rd: A bill to amend an Act creating the Brunswick-Glynn County Charter Com mission, so as to change the appropriation of each governing authority.
HB 1817. By Representative Branch of the 137th: A bill to consolidate the offices of tax receiver and tax collector of Ben Hill County into the office of the tax commissioner of Ben Hill County.
HB 1818. By Representative Culpepper of the 98th: A bill to abolish the office of treasurer of Crawford County; to provide that the governing authority of said county shall be authorized to designate a person to perform the duties of treasurer.

1968

JOURNAL OF THE SENATE,

HB 1819. By Representatives Martin of the 60th and Wall of the61st:
A bill to amend an Act providing a new charter for the City of Norcross, so as to change the corporate limits of the city.

HB 1820. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to fines imposed in the municipal court.

HB 1821. By Representative Birdsong of the 103rd:
A bill to amend an Act establishing a new charter for the City of Jeffersonville, so as to change certain provisions relating to the compensation of the mayor and councilmen.

HB 1823. By Representative Chamberlin of the 73rd:
A bill to amend an Act establishing a Small Claims Court in and for Henry County, so as to change the jurisdiction of the court.

HB 1825. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the terms of said court.

HB 1826. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and the judge of the probate court of Elbert County upon an annual salary, so as to change the compensation provisions relating to the clerk and probate judge.

HB 1827. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of said clerk.

HB 1828. By Representative Hanner of the 130th:
A bill to amend an Act creating and establishing a small claims court in and for Randolph County, so as to change the jurisdiction of the court.

HB 1862. By Representatives Triplett of the 128th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act to provide for the compensation of certain officers of counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970, so as to change the compensation of certain officers.

TUESDAY, FEBRUARY 26, 1980

1969

HB 1829. By Representative Hanner of the 130th:
A bill to create a new charter for the City of Coleman, Georgia, to repeal the existing charter of said city and all amendments thereto.

HB 1830. By Representative Ham of the 80th:
A bill to consolidate the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County.

HB 1831. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the probate judge of Haralson County (formerly ordinary of Haralson County).

HB 1832. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the provisions relating to the recorder's court of said city.

HB 1833. 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 1835. By Representative Rainey of the 135th:
A bill to amend an Act consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, so as to change the provisions relative to the election and terms of office of the Mayor and Council.

HB 1836. By Representative Rainey of the 135th:
A bill to amend an Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority, so as to authorize two projects; to provide for the cost of such projects.
HB 1837. By Representatives Bargeron of the 83rd and Nessmith of the 82nd:
A bill to amend an Act to provide for the method of appointing vacancies on the Burke County Hospital Authority, so as to provide for all appointments by the governing authority of Burke County.
HB 1838. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the Town of Bartow, so as to change certain provisions relating to the compensation of the mayor and councilmen and relating to the punishment in Mayor's Court.

1970

JOURNAL OF THE SENATE,

HB 1839. By Representatives Triplett of the 128th, Jones of the 126th, Scott of the 123rd, and others:
A bill to amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, so as to change the penalties for the violation of the laws or ordinances of said city.

HB 1840. By Representatives Triplett of the 128th, Scott of the 123rd, Jones of the 126th, and others:
A bill to amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, so as to change the allowable rate of taxation.

HB 1841. By Representatives Veazey and Bostick of the 146th: A bill to create the Henry Tift Myers Air Museum Authority in Tift County.

HB 1847. By Representative Lane of the 81st:
A bill to amend an Act granting a new charter to the Town of Newington in Screven County, Georgia, so as to change the date of the annual election.

HB 1848. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to increase the compensation of the chairmen and members of the board of commissioners.

HB 1849. By Representatives Sizemore of the 136th and Branch of the 137th: A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County, known as the fee system; to provide in lieu thereof an annual salary.
HB 1852. By Representatives Murray of the 116th and Castleberry of the 111th: A bill to amend an Act providing a new charter for the City of Leslie, so as to provide that appeals to the Superior Court from the Municipal Court shall be by writ of certiorari.
HB 1853. By Representatives Murray of the 116th and Castleberry of the 111th: 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 1855. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to provide for the election of members of the board of education of Catoosa County; to provide for education districts.

TUESDAY, FEBRUARY 26, 1980

1971

HB 1856. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount of the clerical allowance of said tax commissioner.

HB 1857. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, Parkman of the 134th and White of the 132nd:
A bill to amend an Act creating the Small Claims Court of Dougherty Coun ty, so as to change the provisions relating to the jurisdiction of said court.

HB 1858. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, Parkman of the 134th and White of the 132nd:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the compensa tion of the judge of said court.

HB 1859. By Representatives Moore and Smith of the 152nd, Moody and Greene of the 138th:
A bill to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, so as to change the composition of the Board of Commissioners of Brantley County.

HB 1860. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing a small claims court in and for Laurens County, so as to specify certain powers of the judge of said court.

HB 1861. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the State Court of Glynn County, so as to change provisions relating to compensation of certain officers and personnel of said court.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 778. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the governing authority of Henry County, Ga., to enact or dinances and traffic and animal control regulations for the policing and governing of the unincorporated areas of said county.

1972

JOURNAL OF THE SENATE,

HR 802. By Representatives Buck of the 95th, Phillips of the 91st, Galer of the 97th and others:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Columbus Redevelopment Authority.

HR 781. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected and certain appointed officials.

HR 782. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Commerce Independent School District who is 65 years of age or over shall be granted a homestead exemption for the full value of the resident's home and a maximum of five acres on which the home is located from all ad valorem taxes levied by the City of Commerce for educational purposes.

HR 783. By Representative McDonald of the 12th: A resolution proposing an amendment to the Constitution so as to provide that each resident of the Jackson County School District who is 65 years of age or over shall be granted a homestead exemption for the full value of the resident's home and a maximum of five acres on which the home is located from all Jackson County School District ad valorem taxes.
HR 784. By Representative McDonald of the 12th: A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Jefferson Independent School District who is 65 years of age or over shall be granted a homestead exemption for the full value of the resident's home and a maximum of five acres on which the home is located from all ad valorem taxes levied by the City of Jefferson for educational purposes.

TUESDAY, FEBRUARY 26, 1980

1973

HR 785. By Representatives Sizemore of the 136th and Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Turner County and Turner County School District ad valorem taxes for each resident of Turner County who is 62 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 $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1850. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th 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 Coun ty of Muscogee, so as to change the compensation of the judge and clerk of said court.

HB 1851. By Representatives Murray of the 116th and Castleberry of the 111 th:
A bill to amend an Act creating a new charter for the City of Plains, so as to provide for two additional members of the council and their election and terms of office; to change the provisions relating to action on ordinances; to provide for appeals from the municipal court to the superior court by writ of certiorari.

HB 1854. By Representatives Buck of the 95th, Phillips of the 91st, Galer of the 97th and others:
A bill authorizing the Columbus, Georgia consolidated city-county govern ment to create a Board of Commissioners to be known as the "Columbus Convention and Visitors Board of Commissioners", who may be authorized to have delegated to them the responsibility for promotion of tourism, trade and conventions for Columbus, Georgia.

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 1563. By Representative Murphy of the 18th:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to change the provisions relating to the length of vehicles and loads.
Senate Sponsor: Senator Reynolds of the 48th.

1974

JOURNAL OF THE SENATE,

The Senate Committee on Transportation offered the following amendment:
Amend HB 1563 by deleting on Page 1, line 21 the period following the word "length" and inserting in lieu thereof a comma and by adding after the inserted comma and before the word "For" the following:
"except when so authorized by a permit issued by the department. A trailer which exceeds 45 feet in length may be permitted by the depart ment, provided the trailer was manufactured prior to July 1, 1980 and the total length of the combination of vehicles is 55 feet or less.",
and
By deleting on Page 2, line 11 the period following the word "length" and inserting in lieu thereof a comma and by adding after the inserted com ma and before the word "For" the following:
"except when so authorized by a permit issued by the department. A trailer which exceeds 45 feet in length may be permitted by the depart ment, provided the trailer was manufactured prior to July 1, 1980 and the total length of the combination of vehicles is 55 feet or less."
and
By adding on Page 6, between lines 4 and 5 a new section to read as follows:
"Section 7. Said Code Title is further amended by adding a new subparagraph to paragraph (1) of subsection (c) of Code Section 95A-961, to be designated subparagraph (g) and to read as follows:
'(g) For the annual permits authorized by Section 95A-958(a) for trailers which are over 45 feet in length, $ 10.' "
and
By deleting on Page 6, line 5 the number "7" and substituting in lieu thereof the number "8".
and
By deleting on Page 6, line 8 the number "8" and substituting in lieu thereof the number "9".
On the adoption of the amendment, the yeas were 1, nays 38, and the amendment was lost.

Senator Reynolds of the 48th offered the following amendment:

Amend HB 1563 by deleting on Page 1, line 21 the period following the word "length" and inserting in lieu thereof a comma and by adding after the inserted comma and before the word "For" the following:

TUESDAY, FEBRUARY 26, 1980

1975

"except when so authorized by a permit issued by the Department. The Department may permit a trailer which exceeds 45 feet in length: (1) provided the trailer was manufactured prior to July 1, 1980 and the total length of the combination of vehicles is 55 feet or less; or (2) provided the length of the trailer is 48 feet or less, the total length of the combination of vehicles is 55 feet or less, and the gross weight of the vehicle and its load is 50,000 pounds or less."
and
By deleting on Page 2, line 11 the period following the word "length" and inserting in lieu thereof a comma and by adding after the inserted com ma and before the word "For" the following:
"except when so authorized by a permit issued by the Department. The Department may permit a trailer which exceeds 45 feet in length: (1) provided the trailer was manufactured prior to July 1, 1980 and the total length of the combination of vehicles is 55 feet or less; or (2) provided the length of the trailer is 48 feet or less, the total length of the combination of vehicles is 55 feet or less, and the gross weight or the vehicle and its load is 50,000 pounds or less."
and
By adding on Page 6, between line 4 and line 5 a new Section to read as follows:
"Section 7. Said Code Title is further amended by adding a new subparagraph to paragraph (1) of subsection (c) of Code Section 95A-961, to be designated subparagraph (g) and to read as follows:
"(g) For the annual permits authorized by Section 95A-958(a) for trailers which are over 45 feet in length, $ 10."
and
By deleting on Page 6, line 5 the number "7" and substituting in lieu thereof the number "8".
and
By deleting on Page 6, line 8 the number "8" and substituting in lieu thereof the number "9".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

1976

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincherof 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Those not voting were Senators Johnson and Summers.

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1509. By Representatives Nessmith of the 82nd, Reaves of the 147th, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to change the provisions relating to the membership of agricultural commodities commissions.
Senate Sponsor: Senator McGill of the 24th.

The Senate Committee on Agriculture offered the following amendment:
Amend HB 1509 by adding on Page 2, line 25 immediately after the word and symbol "years." the following:
"Such members shall be selected so that one member is from the northern part of Georgia and one member from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee Counties; and the southern part shall be that area south of said counties. The chair-

TUESDAY, FEBRUARY 26, 1980

1977

man of the Senate and House Committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part."

On the adoption of the amendment, the yeas were 33, 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Fincher of 52nd
Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester

Littlefield McGill Overby Paulk Reynolds Riley Robinson Scott Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators;

Fincher of 54th Holloway Russell

Starr Stephens

Summers Tysinger

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

1978

JOURNAL OF THE SENATE,

HB 1057. By Representative Nix of the 20th:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the term "barber establishment" to "barbershop"; to change the number of inspectors to be employed. Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Human Resources offered the following amendment: Amend HB 1057 by striking on Page 4, lines 6 and 7 the following: "has a valid license".
On the adoption of the amendment, the yeas were 1, nays 33, and the amendment was lost.
Senator Barnes of the 33rd offered the following amendment:
Amend HB 1057 by striking from lines 6 and 7 of Page 4 the following: "barbershop has a valid license:",
and inserting in lieu thereof the following: "barbershop: (a) provides and maintains such physical and sanitary facilities and
equipment as may be required by the rules and regulations of the board; and
(b) does not train more than two apprentices, each of whom shall be under the supervision of a master barber, at any one time; and
(c) does business only at the location shown on the application of license."
On the adoption of the amendment, the yeas were 35, nays 2, 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:

TUESDAY, FEBRUARY 26, 1980

1979

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English

Evans Foster Gillis Greene Hill Holloway Horton Howard Johnson Kennedy Kidd Land Langford Lester McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Littlefield and Sutton.

Those not voting were Senators:

Fincher of 52nd Fincher of 54th Hudgins

Hudson Russell

Stephens Summers

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 482. By Representatives Lawson, Wood and Jackson of the 9th: A resolution authorizing the conveyance of certain State-owned real proper ty located in Hall County. Senate Sponsor: Senator Overby of the 49th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

1980

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Howard Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Hill Hudgins

Langford Russell

Stephens Summers

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1373. By Representatives Johnson, Benefield, Lee and Wood of the 72nd and Nix of the 20th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to define the term "licensee"; to clarify certain exceptions; to change the requirements relating to licenses on inactive status; to provide that the Commission shall deposit fees it collects into the State treasury and to authorize the Commission to allow a non-State agency to collect all or a portion of an examination fee.
Senate Sponsor: Senator Hill of the 29th.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend HB 1373 on Page 3, line 17 by adding between the period and the quotes the following:
"Effective January 1, 1981, any licensee who seeks to activate a license which has been on 'inactive status' for a period of two years or

TUESDAY, FEBRUARY 26, 1980

1981

longer shall be required to attend one Commission approved six-hour course of study prior to activating an inactive license. The course of study shall be one of the six-hour, nonexamination continuing education courses authorized in subsection (d) of Code Section 84-1411."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

Senator Wessels of the 2nd offered the following amendment:

Amend HB 1373 by adding on line 3 of Page 1 after the following:
" 'licensee';",
the following:
"to provide for reactivation of certain licenses;",
and by redesignating Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 as Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, respectively, and by adding between line 23 and line 24 of Page 1 the following:
"Section 2. Said Code Chapter is further amended by adding at the end of Code Section 84-1402 the following:
'(c) After January 1, 1980, any person licensed as a salesperson in Georgia on January 1, 1980, who has never had a license sanctioned by the Commission and who previously held a broker's license or an associate broker's license may reactivate his broker's license or associate broker's license by applying for the same on or before June 1, 1980, and by paying renewal fees and late charges not to exceed $250.00 plus a reactivation fee of $50.00.' "

On the adoption of the amendment offered by Senator Wessels of the 2nd, Senator Hill of the 29th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brown of 47th Bryant
English Fincher of 52nd

Gillis Horton Hudson Kennedy Lester
Overby Reynolds

Riley Scott Starr Stephens Tate Wessels

1982

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Bell Bond Brantley Broun of 46th Carter Cobb Coverdell Dean Eldridge Evans

Fincher of 54th Foster Greene Hill Holloway Howard Hudgins Johnson Kidd Land Littlefield

McGill Paulk Robinson Stumbaugh Sutton Thompson Timmons Turner Tysinger Walker

Not voting were Senators Langford, Russell and Summers.

On the adoption of the amendment, the yeas were 20, nays 32, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter
Cobb Coverdell
Dean Eldridge
English Fincher of 52nd

Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard Hudgins Hudson Johnson
Kennedy Kidd
Land Lester
Littlefield McGill

Those not voting were Senators:

Evans Langford

Russell Summers

Overby Paulk Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Thompson Timmons Turner Tysinger Walker Wessels
Tate

TUESDAY, FEBRUARY 26, 1980 On the passage of the bill, the yeas were 50, nays 0.

1983

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1339. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to change the penalty provisions; to provide for rectification of certain viola tions; to provide for limitations of certain remedies concerning contracts ex ecuted prior to a certain date.
Senate Sponsor: Senator Overby of the 49th.

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to HB 13 39:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the penalty provisions; to provide for rectification of certain violations; to provide for limitations of certain remedies concerning con tracts executed prior to a certain date; 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. An Act known as the "Georgia Industrial Loan Act," ap proved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, is hereby amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
"Section 20. Penalties, (a) Any person who shall make loans under the provisions of this Act without first obtaining a license or who shall make a false statement under oath in an application for a license hereunder, or who shall do business while the license of such person under this Act is suspended or revoked, shall be punished as for a misde meanor; and any contract made under the provisions of this Act by such person shall be null and void.
(b) Except as otherwise provided in this Act, any duly licensed lender who fails to comply with the provisions of this Act in connection with a loan under this Act shall be liable to the borrower or borrowers thereon for a single penalty in an amount equal to twice the amount of all interest and loan fees charged said borrower or borrowers on the most re cent loan made by the lender to said borrower or borrowers; provided, however, that the liability under this paragraph shall not be less than $100.00.

1984

JOURNAL OF THE SENATE,
(c) A lender duly licensed under this Act has no liability under the preceding paragraph if within 15 days after discovering an error or violation, and prior to the institution of an action under this section or the receipt of written notice of the error or violation, the lender notifies the person concerned of the error or violation and makes whatever ad justments in the appropriate account are necessary to insure that the said person will not be required to pay charges in excess of those permitted by this Act.
(d) A lender may not be held liable in any action brought under this section for a violation of this Act if the lender shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.
(e) A claim of violation of the Act may be asserted in an individual action only and may not be the subject of a class action under Section 23 of the Georgia Civil Practice Act, (Ga, Laws 1966, pp. 609, 623), or any other provision of law.
(f) If a contract is made in good faith in conformity with an inter pretation of this Act by the appellate courts of this State or in a rule or regulation officially promulgated by the Commissioner after public hear ings, no provision in this Section imposing any penalty shall apply, not withstanding that after such contract is made, such rule or regulation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
(g) Any lender duly licensed under this Act who shall knowingly and willfully with intent to defraud a borrower make a contract in violation of this Act shall be punished as for a misdemeanor, and the contract so made shall be null and void."
Section 2. Said Act is further amended by adding a new Section 24 at the end thereof to read as follows:
"Section 24. Limitations. No person may, more than one year after the effective date of this amendment to the Act, assert or contend offen sively in any court that a contract predating the effective date of this amendment to the Act is null and void or is illegal, void, invalid, or not good consideration for a renewal or refinanced contract. This Section is a statute of repose and limitation, barring such remedies, as of that date."
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY 26, 1980

1985

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Evans of the 37th offered the following amendment:

Amend the substitute to HB 1339 offered by the Senate Committee on Banking, Finance and Insurance by striking from line 10 of Page 2 the following:
"interest and loan fees charged",
and inserting in lieu thereof the following:
"charges added to the cash advanced to".

On the adoption of the amendment, the yeas were 18, nays 24, and the amendment was lost.

Senator Evans of the 37th offered the following amendment:
Amend the substitute to HB 1339 offered by the Senate Committee on Banking, Finance and Insurance by striking the quotation mark on line 16 of Page 3 and adding immediately after said line 16 of Page 3 a new quoted subsection (h) to read as follows:
"(h) Except as otherwise provided in this section, if a lender duly licensed under this Act shall regularly impose a charge in violation of this Avocitd,."an"y contract under which such charge is imposed shall be null and

On the adoption of the amendment, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bond Carter Dean Evans Gillis

Greene Hill Horton Howard Hudson Johnson Land

Littlefield Paulk Robinson Scott Stumbaugh Tate Walker

1986

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Barker Bell Brantley Broun of 46th Brown of 47th Cobb Coverdell Eldridge English

Fincher of 52nd Fincher of 54th Foster Holloway Hudgins Kennedy Kidd Lester McGill Overby

Reynolds Riley Starr Sutton Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Bryant Langford

Russell Stephens

Summers

On the adoption of the amendment, the yeas were 21, nays 29, and the amendment was lost.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Greene Hill Holloway Howard Hudgins Kennedy Kidd Land Lester McGill Overby Paulk

Reynolds Riley Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Wessels

TUESDAY, FEBRUARY 26, 1980

Those voting in the negative were Senators:

Ballard Bond Evans Gillis

Horton Hudson Johnson

Those not voting were Senators:

Bryant Langford

Russell

Littlefield Starr Walker
Summers

On the passage of the bill, the yeas were 41, nays 10.

1987

The bill, having received the requisite constitutional majority, was passed by substitute.

The President announced the Senate would stand in recess from 1:10 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 general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1475. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for clerks of the superior courts, so as to change the method of computing the minimum salaries of such officers. Senate Sponsors: Senators Timmons of the 11 th and 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:

Barnes Bryant Carter Coverdell Dean Eldridge Fincher of 52nd

Foster Greene Hill Howard Kennedy Langford McGill

Overby Paulk Russell Starr Sutton Turner Walker

1988

JOURNAL OF THE SENATE,

Those not voting were Senators:

Allgood (excused conferee) Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Cobb English Evans Fincher of 54th

Gillis
Holloway Horton Hudgins Hudson Johnson Kidd Land Lester (excused conferee) Littlefield Reynolds

On the passage of the bill, the yeas were 21, nays 0.

Riley Robinson Scott Stephens Stumbaugh Summers Tate Thompson Timmons Tysinger Wessels

The President ruled that since there was not a quorum voting, a second roll call would be taken, as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Bryant Carter Coverdell Dean Eldridge Evans

Fincher of 52nd Foster Gillis Greene Hill Howard Kennedy Kidd Land Langford

Those not voting were Senators:

Allgood (excused conferee) Barker Brantley Broun of 46th Brown of 47th Cobb English Fincher of 54th Holloway

Horton Hudgins Hudson Johnson Lester (excused conferee) Littlefield Riley Robinson

On the passage of the bill, the yeas were 30, nays 0.

McGill Overby Paulk Reynolds Russell Starr Sutton Tate Turner Walker
Scott Stephens Stumbaugh Summers Thompson Timmons Tysinger Wessels

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 1980

1989

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 1807. By Representatives Hill of the 127th, Scott of the 123rd, Phillips of the 125th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to provide for a pre-trial diversion program as a policy of the State Court of Chatham County.
Referred to Committee on Community Affairs.

HB 1816. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the Brunswick-Glynn County Charter Com mission, so as to change the appropriation of each governing authority. Referred to Committee on Community Affairs.

HB 1817. By Representative Branch of the 137th:
A bill to consolidate the offices of tax receiver and tax collector of Ben Hill County into the office of the tax commissioner of Ben Hill County. Referred to Committee on Community Affairs.

HB 1818. By Representative Culpepper of the 98th:
A bill to abolish the office of treasurer of Crawford County; to provide that the governing authority of said county shall be authorized to designate a person to perform the duties of treasurer. Referred to Committee on Community Affairs.

HB 1819. By Representatives Martin of the 60th and Wall of the 61st:
A bill to amend an Act providing a new charter for the City of Norcross, so as to change the corporate limits of the city. Referred to Committee on Community Affairs.
HB 1820. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to fines imposed in the municipal court. Referred to Committee on Community Affairs.
HB 1821. By Representative Birdsong of the 103rd:
A bill to amend an Act establishing a new charter for the City of Jeffersonville, so as to change certain provisions relating to the compensation of the mayor and councilmen. Referred to Committee on Community Affairs.

1990

JOURNAL OF THE SENATE,

HB 1823. By Representative Chamberlin of the 73rd:
A bill to amend an Act establishing a Small Claims Court in and for Henry County, so as to change the jurisdiction of the court. Referred to Committee on Community Affairs.

HB 1825. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the terms of said court. Referred to Committee on Community Affairs.

HB 1826. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and the judge of the probate court of Elbert County upon an annual salary, so as to change the compensation provisions relating to the clerk and and probate judge. Referred to Committee on Community Affairs.

HB 1827. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of said clerk. Referred to Committee on Community Affairs.

HB 1828. By Representative Hanner of the 130th:
A bill to amend an Act creating and establishing a small claims court in and for Randolph County, so as to change the jurisdiction of the court. Referred to Committee on Community Affairs.

HB 1862. By Representatives Triplett of the 128th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act to provide for the compensation of certain officers of counties of this State having a population of not less than 180,000 nor more the 190,000 according to the United States decennial census of 1970, so as to change the compensation of certain officers.
Referred to Committee on Community Affairs.

HB 1829. By Representative Hanner of the 130th:
A bill to create a new charter for the City of Coleman, Georgia, to repeal the existing charter of said City and all amendments thereto. Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 26, 1980

1991

HB 1830. By Representative Ham of the 80th:
A bill to consolidate the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County. Referred to Committee on Community Affairs.

HB 1831. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the probate judge of Haralson County (formerly ordinary of Haralson County).
Referred to Committee on Community Affairs.

HB' 1832. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the provisions relating to the recorder's court of said city. Referred to Committee on Community Affairs.

HB 1833. 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 Community Affairs.

HB 1835. By Representative Rainey of the 135th:
A bill to amend an Act consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, so as to change the provision relative to the election and terms of office of the Mayor and Council. Referred to Committee on Community Affairs.

HB 1836. By Representative Rainey of the 135th:
A bill to amend an Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority, so as to authorize two projects; to provide for the cost of such projects. Referred to Committee on Community Affairs.

HB 1837. By Representatives Bargeron of the 83rd and Nessmith of the 82nd:
A bill to amend an Act to provide for the method of appointing vacancies of the Burke County Hospital Authority, so as to provide for all appointments by the governing authority of Burke County. Referred to Committee on Community Affairs.

1992

JOURNAL OF THE SENATE,

HB 1838. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the Town of Bartow, so as to change certain provisions relating to the compensation of the mayor and councilmen and relating to the punishment in Mayor's Court. Referred to Committee on Community Affairs.

HB 1839. By Representatives Triplett of the 128th, Jones of the 126th, Scott of the 123rd and others:
A bill to amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, so as to change the penalties for the violation of the laws or ordinances of said city.
Referred to Committee on Community Affairs.

HB 1840. By Representatives Triplett of the 128th, Scott of the 123rd, Jones of the 126th and others:
A bill to amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, so as to change the allowable rate of taxation. Referred to Committee on Community Affairs.

HB 1841. By Representatives Veazey and Bostick of the 146th: A bill to create the Henry Tift Myers Air Museum Authority in Tift County.
Referred to Committee on Community Affairs.

HB 1847. By Representative Lane of the 81st:
A bill to amend an Act granting a new charter to the Town of Newington in Screven County, Georgia, so as to change the date of the annual election. Referred to Committee on Community Affairs.

HB 1848. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to increase the compensation of the chairmen and members of the board of commissioners. Referred to Committee on Community Affairs.

HB 1849. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on Community Affairs.

TUESDAY, FEBRUARY 26, 1980

1993

HB 1852. By Representatives Murray of the 116th and Castleberry of the 111 th:
A bill to amend an Act providing a new charter for the City of Leslie, so as to provide that appeals to the Superior Court from the Municipal Court shall be by writ of certiorari. Referred to Committee on Community Affairs.

HB 1853. By Representatives Murray of the 116th and Castleberry of the 111th:
A bill to amend an Act creating the State Court of Sumter County, so as to change the compensation to the judge and solicitor of said court. Referred to Committee on Community Affairs.

HB 1855. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to provide for the election of members of the board of education of Catoosa County; to provide for education districts. Referred to Committee on Community Affairs.

HB 1856. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount of the clerical allowance of said tax commissioner. Referred to Committee on Community Affairs.

HB 1857. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, Parkman of the 134th and White of the 132nd:
A bill to amend an Act creating the Small Claims Court of Dougherty Coun ty, so as to change the provisions relating to the jurisdiction of said court. Referred to Committee on Community Affairs.

HB 1858. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, Parkman of the 134th and White of the 132nd:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the compensa tion of the judge of said court.
Referred to Committee on Community Affairs.

HB 1859. By Representatives Moore and Smith of the 152nd, Moody and Greene of the 138th:
A bill to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, so as to change the composition of the Board of Commissioners of Brantley County.
Referred to Committee on Community Affairs.

1994

JOURNAL OF THE SENATE,

HB 1860. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing a small claims court in and for Laurens County, so as to specify certain powers of the judge of said court. Referred to Committee on Community Affairs.

HB 1861. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the State Court of Glynn County, so as to change provisions relating to compensation of certain officers and personnel of said court. Referred to Committee on Community Affairs.

HR 778. By Representative Chamberlin of the 73rd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the governing authority of Henry County, Ga., to enact or dinances and traffic and animal control regulations for the policing and governing of the unincorporated areas of said county.
Referred to Committee on Community Affairs.

HR 802. By Representatives Buck of the 95th, Phillips of the 91st, Galer of the 97th and others:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Columbus Redevelopment Authority.
Referred to Committee on Community Affairs.

HR 781. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to authorize the board of commissioners of Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected and certain appointed officials.
Referred to Committee on Community Affairs.

HR 782. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Commerce Independent School District who

TUESDAY, FEBRUARY 26, 1980

1995

is 65 years of age or over shall be granted a homestead exemption for the full value of the resident's home and a maximum of five acres on which the home is located from all ad valorem taxes levied by the City of Commerce for educational purposes.
Referred to Committee on Community Affairs.

HR 783. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the Jackson County School District who is 65 years of age or over shall be granted a homestead exemption for the full value of the resident's home and a maximum of five acres on which the home is located from all Jackson County School District ad valorem taxes.
Referred to Committee on Community Affairs.

HR 784. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Jefferson Independent School District who is 65 years of age or over shall be granted a homestead exemption for the full value of the resident's home and a maximum of five acres on which the home is located from all ad valorem taxes levied by the City of Jefferson for educational purposes.
Referred to Committee on Community Affairs.

HR 785. By Representatives Sizemore of the 136th and Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Turner County and Turner County School District ad valorem taxes for each resident of Turner County who is 62 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 $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits.
Referred to Committee on Community Affairs.

HB 1850. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th 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 Coun ty of Muscogee, so as to change the compensation of the judge and the clerk of said court.
Referred to Committee on Community Affairs.

1996

JOURNAL OF THE SENATE,

HB 1851. By Representatives Murray of the 116th and Castleberry of the 111 th:
A bill to amend an Act creating a new charter for the City of Plains, so as to provide for two additional members of the council and their election and terms of office; to change the provisions relating to action on ordinances; to provide for appeals from the municipal court to the superior court by writ of certiorari.
Referred to Committee on Community Affairs.

HB 1854. By Representatives Buck of the 95th, Phillips of the 91st, Galer of the 97th and others:
A bill authorizing the Columbus, Georgia, consolidated city-county govern ment to create a Board of Commissioners to be known as the "Columbus Convention and Visitors Board of Commissioners" who may be authorized to have delegated to them the responsibility for promotion of tourism, trade and conventions for Columbus, Georgia.
Referred to Committee on Community Affairs.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 308. By Representative Williamson of the 45th:
A bill to amend Code Section 91A-3915, relating to declaration of estimated income tax by individuals, so as to provide an exception with respect to in dividuals who are required to make a declaration of estimated tax for the current taxable years.
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 Barker Barnes Bell Bond Brantley Bryant Carter Coverdell Dean

Eldridge Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard

Hudgins Kennedy Kidd Land Langford Lester McGill Overby Paulk Reynolds Robinson

TUESDAY, FEBRUARY 26, 1980

1997

Russell Scott Starr Sutton

Tate Thompson Turner

Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Brown of 47th Cobb English

Hudson Johnson Littlefield Riley

On the passage of the bill, the yeas were 43, nays 0.

Stephens Stumbaugh Summers Timmons

The bill, having received the requisite constitutional majority, was passed.

Senator Brantley of the 56th introduced the doctor of the day, Dr. Daniel Applerouth, of Atlanta, Georgia.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1165. By Representative Ham of the 80th:
A bill to amend Code Chapter 58-8, relating to regulation and taxation of wine, so as to authorize the issuance of a license for the manufacture in this state and the wholesale and retail sale in this state of wine by certain per sons.
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:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th

Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Howard

1998

JOURNAL OF THE SENATE,

Kennedy
Kidd Land Langford Lester Littlefield McGill Overby

Paulk
Reynolds Robinson Russell Scott Starr Stephens

Those not voting were Senators:

Broun of 46th Hill Hudgins

Hudson Johnson Riley

Sutton Tate Thompson Turner Tysinger Walker Wessels
Stumbaugh Summers Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the House:

HB 1339. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to change the penalty provisions; to provide for rectification of certain viola tions; to provide for limitations of certain remedies concerning contracts ex ecuted prior to a certain date.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1601. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 91-112a.l, relating to the disposition of cer tain property by the Department of Natural Resources, so as to provide that the Department may convey real property donated to said Department to be used for the construction and operation thereon of launching ramps.
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:

TUESDAY, FEBRUARY 26, 1980

1999

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Brown of 47th Carter
Cobb Coverdell Dean Eldridge English
Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Holloway Horton Howard Hudgins Hudson
Kennedy Kidd Land Langford Lester
Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens
Stumbaugh Sutton Tate Thompson Timmons
Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th Bryant

Hill Johnson

On the passage of the bill, the yeas were 48, nays 0.

Summers Wessels

The bill, having received the requisite constitutional majority, was passed.

HB 1300. By Representatives Cox of the 141st, Mostiler of the 71st, Adams of the 36th and others:
A bill to amend an Act creating the Georgia Factory for the Blind, so as to provide that surplus funds accrued by the Factory shall not exceed the total sum of $350,000.00.
Senate Sponsors: Senators Timmons of the 11th and Russell of the 10th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes

Bell Bond Brantley

Brown of 47th Bryant Carter

2000
Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway

JOURNAL OF THE SENATE,
Horton Howard Hudgins Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Broun of 46th Johnson

Land Starr

On the passage of the bill, the yeas were 48, nays 0.

Stumbaugh Summers

The bill, having received the requisite constitutional majority, was passed.

HB 1474. By Representative Castleberry of the 111th:
A bill to amend an Act providing minimum salaries for judges of the probate courts of the various counties of Georgia, so as to change the method of com puting the minimum salaries of such officers.
Senate Sponsor: Senator Timmons of the 11 th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Brown of 47th Bryant

Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins

TUESDAY, FEBRUARY 26, 1980

Hudson Kennedy Kidd Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh

Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Bond and Coverdell.

2001

Those not voting were Senators:

Broun of 46th Johnson

Land

Summers

On the passage of the bill, the yeas were 49, nays 2. The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1824. By Representatives Mann, Milford and Clark of the 13th: A bill to amend an Act adding one additional judge of the superior courts of the Northern Judicial Circuit, so as to change the compensation provisions relating to said additional judge.
HB 374. By Representative Hutchinson of the 133rd: A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relative to mandatory Retirement age.
The House has adopted by the requisite constitutional majority the following resolutions of the House:

2002

JOURNAL OF THE SENATE,

HR 480. By Representatives Lane of the 40th, Adams of the 36th and Carnes of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exercise the power of taxation over the entire state for the purposes of funding the salaries of personnel, whether hired on a regular basis or for special purposes such as participation in extracurricular and interscholastic activities.

HR 722. By Representatives Moore and Smith of the 152nd:
A resolution authorizing the conveyance of certain State-owned real proper ty located within Camden County, Georgia, to Camden County and to The Georgia Department of Transportation.
HR 750. By Representative Murphy of the 18th:
A resolution recognizing the outstanding record of service of H'onorable George T. Smith, Judge, Court of Appeals'.

The House has passed by the requisite constitutional majority the following bill of the House:
HB 1282. By Representatives Hatcher of the 131st, Williamson of the 45th, Burruss of the 21st and others: A bill to amend Code Section 91A-3601, relating to rate of individual in come taxation, so as to change the rates of tax.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1079. By Representatives Logan of the 62nd, Gignilliat of the 122nd, Murphy of the 18th and others: A bill to provide for a program of scholarships to attend North Georgia Col lege. 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:

TUESDAY, FEBRUARY 26, 1980

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Coverdell.

2003

Those not voting were Senators:

Broun of 46th Johnson

Langford

Summers

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 1135. By Representatives Culpepper of the 98th, Williamson of the 45th, Snow of the 1st and others: A bill to amend Code Title 91 A, relating to public revenue, so as to provide for collection of debts owned to the state by set-off of such debts against in dividual income tax employee refunds. Senate Sponsor: Senator Littlefield 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:

2004

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Those not voting were Senators:

Broun of 46th Howard

Johnson Summers

On the passage of the bill, the yeas were 50, nays 0.

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Tysinger Walker Wessels
Turner

The bill, having received the requisite constitutional majority, was passed,

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

HB 1189. By Representatives Cox of the 141st, Lord of the 105th, Mann of the 13th and Randall of the 101st:
A bill to amend the "Georgia Emergency Telephone Number 911 Service Act of 1977", so as to provide for certain emblems to be used on certain vehicles.
Senate Sponsor: Senator Cobb of the 28th.

Senator Scott of the 43rd offered the following amendment:
Amend HB 1189 by striking from line 15 on Page 1 the word "vehicles' and inserting lieu thereof the following:
"marked vehicles used for the enforcement of traffic laws".

TUESDAY, FEBRUARY 26, 1980

2005

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudg'ins Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Those not voting were Senators:

Barker Broun of 46th Eldridge

Holloway (presiding) Hudson

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Johnson Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 619. By Representatives Collins of the 144th, Murphy of the 18th, and Castleberry of the 111 th:
A bill to authorize certain counties and municipalities to provide for install ment payments of ad valorem taxes during certain years.
Senate Sponsor: Senator Lester of the 23rd.

2006

JOURNAL OF THE SENATE,

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to HB 619:
A BILL
To be entitled an Act to authorize certain counties and municipalities to provide for installment payments of ad valorem taxes during certain years; to provide legislative intent; 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. Legislative intent. It is the intent of this legislation to provide a mechanism by which counties and municipalities formerly levying or receiving proceeds from the local option sales and use tax may create an ear ly cash flow to ease financial problems arising from the ruling of the Georgia Supreme Court in City Council of Augusta v. Mangelly et al.
Section 2. Definition. As used in this Section, "local government" means a county or municipality levying or receiving proceeds from the local sales and use tax on February 7, 1980.

Section 3. Payment of ad valorem tax in installments; tax year 1980. Each local government, by resolution or ordinance of its governing authori ty, may require the payment of ad valorem taxes due the local government in 1980 on an installment basis. Any local government so requiring shall provide in its ordinance or resolution that such taxes shall become due in four equal installment on April 1, 1980, June 1, 1980, August 1, 1980, and October 1, 1980. Taxes not paid when due as provided in this Act shall be subject to the same interest charges and penalties provided by law for ad valorem taxes not paid when due.
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 Coverdell of the 40th moved that HB 619 be postponed until Wednesday, February 27.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 619 was postponed until Wednesday, February 27.

HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehi cle Rebuilders, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982.
Senate Sponsors: Senators Kidd of the 25th and Walker of the 19th.

TUESDAY, FEBRUARY 26, 1980

2007

Senator Kidd of the 25th moved that HB 1191 be postponed until Wednesday, February 27.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1191 was postponed until Wednesday, February 27.

HB 1104. By Representative Greer of the 43rd:
A bill to amend Code Title 22, relating to corporations, so as to delete provi sions for change of registered agent or office or both in annual reports.
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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Evans

Holloway (presiding) Johnson

Summers Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2008

JOURNAL OF THE SENATE,

The following general bill of the House, having been read the third time on February 11 and committed to the Committee on Consumer Affairs, withdrawn from Committee on Consumer Affairs on February 11 and committed to the Committee on Governmental Operations, and favorably reported by the committee, was put upon its passage:

HB 1192. By Representative Jessup of the 117th:
A bill to amend an Act which provides for a State Board of Registration of Used Car Dealers, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982.
Senate Sponsors: Senators Walker of the 19th and Kidd of the 25th.

Senator Kidd of the 25th offered the following substitute to HB 1192:
A BILL
To be entitled an Act to amend an Act which provides for a State Board of Registration of Used Car Dealers, approved February 20, 1958 (Ga. Laws 1958, p. 58), as amended, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982; to pro vide for the termination of such Board and the repeal of the laws relating thereto; to repeal conflicting laws, and for other purposes; to also amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approv ed February 16, 1962 (Ga. Laws 1962, p. 79), and an Act approved March 11, 1964 (Ga. Laws 1964, p. 436), so as to require the delivery of certificates of title from the transferor to the transferee within a specified time; to pro vide for postmarks as proof of timely submission of documents; to require submission of certificate of title applications to be made so as to have the State Revenue Commissioner or his duly authorized county tag agents receive same within a specified time; to provide for a penalty for certificate of title applications delivered or received on an untimely basis; to provide for a time period within which rejected documents must be resubmitted and to provide for a penalty for failure to resubmit in a timely manner; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act which provides for a State Board of Registration of Used Car Dealers, approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended, is hereby amended by designating the first paragraph of Section 4 thereof as subsection (a) and adding at the end thereof a new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of 'The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies,' ap proved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration of Used Car Dealers and the laws relating thereto are hereby continued until July 1, 1982, at which time the Board shall continue in existence until July 1 of the next sue-

TUESDAY, FEBRUARY 26, 1980

2009

ceeding year for the purpose of concluding its affairs and activities. Dur ing that termination period, the power or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entire ty. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board.",

so that when so amended Section 4 shall read as follows:
"Section 4. (a) There is hereby created a State Board of Registration of Used Car Dealers which shall be composed of Ten (10) members ap pointed by the Governor, one from each Congressional District, with the approval of the Secretary of State, for terms of Five (5) years. The original terms shall be made as follows: Two (2) members for a term of Five (5) years; Two (2) members for a term of Four (4) years; Two (2) members for a term of Three (3) years; Two (2) members for a term of Two (2) years and Two (2) members for a term of One (1) year, and until their successors are appointed and qualified. Said terms are to be stag gered so that Two (2) new members of the Board will be appointed each year. All members shall be residents of the State of Georgia. A majority of such members shall be used car dealers and Four (4) members shall not be used car dealers. Any vacancies on the Board shall be filled by ap pointment by the Governor, with the approval of the Secretary of State, for the remainder of the unexpired term. One of the members of the Board shall be elected Chairman annually for a term of One (1) year.
(b) Pursuant to Section 9 of 'The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies.' ap proved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration of Used Car Dealers and the laws relating thereto are hereby continued until July 1, 1982, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the pur pose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in ef fect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board."
Section 2. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, par ticularly by an Act approved February 16, 1962 (Ga. laws 1962, p. 79) and an Act approved March 11, 1964 (Ga. Laws 1964, p. 436), is hereby amend ed by adding the following sentences between the first and second sentences of subsection (a) of Section 8:

2010

JOURNAL OF THE SENATE,
"Except as provided in subsection (b) of this Section, the application must be submitted to the Commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 30 days from the date of purchase of the vehicle or from the date the owner is otherwise re quired by law to register the vehicle in this State, or the owner of the vehicle shall be required to pay a penalty of $ 10.00 in addition to the or dinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of rejec tion to resubmit the documents required by the Commissioner for the is suance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the Com missioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents submitted if the documents have not been resubmitted as required above.",
so that when so amended subsection (a) of Section 8 shall read as follows:
"(a) The application for the first certificate of title of a vehicle in this State shall be made by the owner to the Commissioner on the form he prescribes. Except as provided in subsection (b) of this Section, the ap plication must be submitted to the Commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 30 days from the.date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this State, or the owner of the vehicle shall be required to pay a penalty of $ 10.00 in addi tion to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of rejection to resubmit the documents required by the Commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $ 10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the Com missioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents submitted if the documents have not been resubmitted as required above. Said ap plication shall contain:
(1) The name, residence and mail address of the owner;
(2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used;
(3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority and the date thereof; and
(4) Any further information the Commissioner reasonably requires to identify the vehicle and to enable him to determine whether the owner is

TUESDAY, FEBRUARY 26, 1980

2011

entitled to a certificate of title and the existence or non-existence of security interests in the vehicle and liens on the vehicle."
Section 3. Said Act is further amended by adding at the end of subsec tion (b) of Section 8 immediately following the word "Commissioner" the following:

"or his appropriate authorized county tag agent so as to have the ap plication submitted to the Commissioner or his appropriate authorized county tag agent within thirty (30) days from the date of the sale of the vehicle, or the dealer, or in nondealer sales the transferee, shall be re quired to pay a penalty of $ 10.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the dealer submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of a certificate of title. Should the documents not be property resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to ob tain a certificate of title for a purchaser from that dealer shall be gounds for suspension or revocation of the dealer's State issued license and registration for the sale of motor vehicles. Should the title application be submitted through a county, the county shall be entitled to retain 50% of any late title application penalty fee provided for in the 'Motor Vehicle Certificate of Title Act.' ",

so that when so amended subsection (b) of Section 8 shall read as follows:
"(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the Commis sioner or his appropriate authorized county tag agent so as to have the application submitted to the Commissioner or his appropriate authorized county tag agent within thirty (30) days from the date of the sale of the vehicle, or the dealer, or in nondealer sales the transferee, shall be re quired to pay a penalty of $ 10.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the dealer submitting the documents has sixty (60) days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within sixty (60) days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser from that dealer shall be grounds for suspension or revocation of the dealer's State issued license and registration for the sale of motor vehicles. Should the title ap plication be submitted through a county, the county shall be entitled to retain 50% of any late title application penalty fee provided for in the 'Motor Vehicle Certificate of Title Act.' "

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JOURNAL OF THE SENATE,
Section 4. Said Act is further amended by adding immediately fol lowing Section 8 a new section, to be designated Section 8A, to read as follows:
"Section 8A. United States Post Office postmark as proof of timely submission of documents. In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Post Office postmark, shall be prima facie proof that the application was timely submitted."

Section 5. Said Act is further amended by striking subsections (a) and (b) of Section 15 in their entirety and inserting in lieu thereof new subsec tions (a) and (b) to read as follows:
"(a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall at the time of delivery of the vehi cle execute an assignment and warranty of title, which must be subscrib ed and sworn to before an officer authorized to administer oaths in the State, to the transferee in the space provided therefor on the certificate of title or as the Commissioner prescribes, and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, in cluding reasonable attorney's fees, occasioned by the transferor's failure to obey this section.

(b) Except as provided in Section 16, the transferee shall, promptly after delivery to him of the vehicle and certificate of title, execute the ap plication for a new certificate of title application on the form the Com missioner prescribes and cause the application and the certificate of title to be mailed or delivered to the Commissioner or his appropriate authorized county tag agent with the application for change of registra tion for the vehicle so that the title application shall be received within 30 days from the date of the transfer of the vehicle, or the owner shall be required to pay a penalty or $ 10.00 in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents sub mitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $ 10.00 penalty assessed and the owner of the vehi cle shall be required to remove immediately the license plate of the vehi cle and return same to the Commissioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title application is submitted through a county, the county shall be entitled to retain 50% of any late title application fee as provided for in this Act."

TUESDAY, FEBRUARY 26, 1980

2013

Section 6. Said Act is further amended by striking subsection (a) of Sec tion 16 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A dealer who buys a vehicle and holds it for a new resale need not apply to the Commissioner for a new certificate of title, but may re tain the certificate delivered to him and, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, which must be subscribed and sworn to before an officer authorized to ad minister oaths in this State, and show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the Commissioner prescribes. Except as otherwise provided in subsection (c) of Section 15, the dealer shall submit a properly completed certificate of title application and proper supporting documents to the Commissioner or to the appropriate' authorized county tag agent so that the application and supporting documents shall be submitted to the Commissioner or the appropriate authorized county tag agent within 30 days from the date of the transfer of the vehicle or the dealer shall be required to pay a penalty of $ 10.00 in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title ap plication be rejected, the dealer submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $ 10.00 assessed against the dealer. The willful failure of a dealer to ob tain a certificate of title for a purchaser from that dealer shall be grounds for suspension or revocation of dealer's State issued license and registra tion for the sale of motor vehicles. If the title application is submitted through a county, the county shall be entitled to retain 50% of any late title application fee as provided for in this Act. Transfers of vehicles under this section shall otherwise conform with the provisions of Section 15. Any person selling a previously registered vehicle as defined in Sec tion 38 which is exempt from the provisions of this Act during this Act's implementation period need not have a certificate of title. A dealer sell ing a previously registered vehicle which under the provisions of this Act need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. At such time as previously registered vehicles are brought under the terms of this Act, from that time on a dealer when selling such a vehicle shall conform to all provisions of this Act."
Section 7. Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 17 and inserting in lieu thereof new subsec tions (a) and (b) to read as follows:
"(a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), mail or deliver to the Commissioner or his appropriate authorized county tag agent the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the Commissioner precribes with the application for change of registration for the vehicle so that the title application and other documents shall be

2014

JOURNAL OF THE SENATE,
received by the Commissioner or his appropriate authorized county tag agent no later than 30 days from the date that the transferee acquired the interest in the vehicle or the transferee shall be required to pay a penalty of $10^00 in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the party submitting the documents has 60 days from the date of initial rejection to resubmit the documents re quired by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $ 10.00 penalty assessed and the owner of the vehi cle shall be required to remove immediately the license plate of the vehi cle and return same to the Commissioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title application is submitted through the county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act. If the last certificate of title not be available for transfers under this Section, then the transferee shall for ward such proof of transfer as the Commissioner may by regulation prescribe.
(b) If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the Commissioner or his appropriate authorized county tag agent the last certificate of title, if available, proof of transfer, his application for a new certificate in the form prescribed by the Commissioner, and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the Commissioner or his appropriate authorized county tag agent within 30 days from the date the transferee acquired the interest in the vehicle, or the transferee shall be required to pay a penalty of $ 10.00 in addition to the ordinary title fee as prescribed by this Act. Provided, however, that should the documents submitted in support of the title application be rejected, the transferee submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $ 10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the Commissioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the title application is submitted through the county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title, but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the Commissioner may require by rule or regulation."

TUESDAY, FEBRUARY 26, 1980

2015

Section 8. Said Act is further amended by striking subsection (b) of Sec tion 22 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the Commis sioner or his appropriate authorized county tag agent within 30 days of the date of creation of the security interest or lien or the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee as provided by this Act. Provided, however, that should the documents submitted in support of the title application be re jected, the party submitting the documents has 60 days from the date of initial rejection to resubmit the documents required by the Commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $ 10.00 penalty assessed and the owner of the vehicle shall be required to remove im mediately the license plate of the vehicle and return the same to the Com missioner. The license plate shall be deemed to have expired at midnight of the 60th day following the initial rejection of the documents if the documents have not been resubfnitted as required above. If the title ap plication is submitted through the county, the county shall be entitled to retain 50% of any late title application penalty fee as provided for in this Act."
Section 9. Said Act is further amended by striking subsection (b) of Sec tion 31 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Misdemeanors. (1) A person who:
(A) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(B) Willfully fails to mail or deliver a certificate of title to the com missioner or a release of security interest or lien to the owner within ten days of the time required by this Act, except as provided in subsection (a);
(C) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice as pro vided for in subsection (d) of Section 12 or subsection (d) of Section 21:
is guilty of a misdemeanor.
(2) Any person, firm, or corporation who shall knowingly make any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a 'misdemeanor and upon conviction shall be fined not more than $ 100.00 or imprisoned more than 30 days.
(3) Any person, firm, or corporation who delivers or accepts a cer tificate of title assigned in blank shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00 or imprisoned more than 30 days for the acceptance or delivery of each certificate of title assigned in blank."

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JOURNAL OF THE SENATE,
Section 10. This Act shall become effective July 1, 1980. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, 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 Barker Bell Bond Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Fincher of 54th Foster

Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Those voting in the negatiive were Senators:

Barnes Coverdell

Hill Robinson

Reynolds Riley Russell Scott Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Wessels
Sutton

Those not voting were Senators:

Broun of 46th Evans

Fincher of 52nd Holloway (presiding)

Johnson Summers

On the passage of the bill, the yeas were 44, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 26, 1980

2017

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in adopting the Conference Com mittee Report on the following bill of the Senate:

SB 68. By Senators Thompson of the 32nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend an Act prohibiting the purchase of alcoholic beverages by or for minors, as amended, so as to change the age at which the purchase of alcoholic, spirituous, malt, or intoxicating liquors or beverages by or for cer tain persons is prohibited; to provide for legislative findings; to provide an effective date.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1283. By Representatives Mullinax of the 69th, Ramsey of the 3rd, McDonald of the 12th and others:
A bill to amend Code Chapter 68-99, relating to the penalty of owning or operating any motor vehicle as described in Code Section 68-201 without complying with Code Section 68-201, so as to provide that any person, firm, or corporation renting, leasing, or loaning any motor vehicle described in Code Section 68-201 which is being used on public highway or street after March 1 of each year without complying with the provisions of that Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by fine of $ 100.00 for each violation.
Senate Sponsors: Senators Reynolds of the 48th and 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 Barker Barnes
Bell Bond Brantley
Brown of 47th Bryant Carter
Cobb Coverdell

Dean Eldridge English Evans
Fincher of 54th Foster Gillis
Greene Hill Horton
Howard Hudgins

Kennedy Kidd Land Langford
Lester Littlefield McGill
Overby Paulk Reynolds
Riley Robinson

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JOURNAL OF THE SENATE,

Russell
Scott Stephens Stumbaugh

Sutton
Tate Thompson Timmons

Those not voting were Senators:

Broun of 46th Fincherof 52nd Holloway (presiding)

Hudson Johnson

Turner Tysinger Walker Wessels
Starr Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1408. By Representatives Bishop of the 94th, Cason of the 96th, Thompson of the 93rd and others:
A bill to amend Code Section 34A-301, relating to powers and duties of municipal superintendents, so as to provide additional powers and duties for superintendents.
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 Barker Barnes
Bell Bond Brantley Brown of 47th Carter Cobb Coverdell
Dean Eldridge
English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill
Horton Howard Hudgins Hudson Kennedy Kidd Land
Langford Lester
Littlefield McGill Overby

Paulk Reynolds Riley Robinson
Russell Scott Stephens Stumbaugh Sutton Tate Thompson
Timmons Turner
Tysinger Walker Wessels

TUESDAY, FEBRUARY 26, 1980 Voting in the negative was Senator Bryant.

2019

Those not voting were Senators:

Broun of 46th Holloway (presiding

Johnson Starr

On the passage of the bill, the yeas were 49, nays 1.

Summers

The bill, having received the requisite constitutional majority, was passed.

HB 1470. By Representative Gammage of the 17th:
A bill to amend Code Chapter 21-1, relating to coroners in general, so as to provide for deputy coroners and their apjpointment and compensation.
Senate Sponsor: Senator Horton 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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Dean Eldridge Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Horton Howard Hudson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Coverdell and Evans.

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th Cobb English

Holloway (presiding) Hudgins

On the passage of the bill, the yeas were 46, nays 2.

Johnson Summers

The bill, having received the requisite constitutional majority, was passed.

HB 1494. By Representative Games of the 43rd:
A bill to authorize any judge of a municipal court of any municipality of the State of Georgia to expunge the criminal records of individuals under cer tain circumstances.
Senate Sponsor: Senator Littlef ield of the 6th.

The Senate Committee on Judiciary offered the following substitute to HB 1494:

A BILL
To be entitled an Act to authorize any judge of a municipal court of any municipality of the State of Georgia to seal the criminal records of in dividuals under certain circumstances; to provide for the conditions for such sealing; 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 judge of a municipal court of any municipality of the State of Georgia or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal to all persons except criminal justice officials all criminal records of said municipality, including but not limited to records of arrest, fingerprints and photographs, whether maintained in the police agency of such municipality or elsewhere in said municipality, related to any in dividual upon a finding by such a judge that one of the following conditions shall exist:

(a) When, upon the call of a case for trial, criminal charges against the indiv idual are dismissed upon the motion of the arresting officer, or because of the lack of prosecution of such charges by the arresting officer or the municipality; or
(b) When criminal charges against the individual are the subject of a pre-trial disposition by the municipal prosecutor, provided that the terms and conditions of said pre-trial disposition are satisfied.

TUESDAY, FEBRUARY 26, 1980

2021

Any such order, so sealing the records of an individual as hereinbefore provided, shall in no way constitute an adjudication of any illegal or wrongful action on the part of the arresting officer or the municipality.
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 part 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.

The 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 Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Land Langford Lester Littlefield McGill Overby

Voting in the negative was Senator Kidd.

Paulk Reynolds Riley Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels

Those not voting were Senators:

Broun of 46th Bryant

Holloway (presiding) Johnson

Robinson Summers

On the passage of the bill, the yeas were 48, nays 1.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1209. 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.
Senate Sponsor: Senator Littlefield of the 6th.
The Senate Committee on Judiciary offered the following substitute to HB 1209:

A BILL
To be entitled an Act to amend an Act providing for the liability of cor porate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by, or otherwise commence per formance in accordance with the terms of a contract of suretyship, approv ed April 17, 1973, (Ga. L. 1973, p. 825), so as to include the refusal of a cor porate surety to make payment to an obligee and so as to expand the term "obligee" to include any obligee or beneficiary pursuant to the terms of any contract of suretyship; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act providing for the 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, approved April 17, 1973. (Ga. L. 1973, p. 825), is hereby amended by inserting the words "to make payment to any obligee under," following the words "of a default covered by," in Section 1; by inserting the words "or demand for payment" following the words "notice of default" in Section 1; by adding at the end of Section 1 a new sentence to read as follows:
"Provided, further, for the purposes of this act the term 'obligee' shall include any obligee or beneficiary pursuant to the terms of any con tract of suretyship."
so that when amended, Section 1 of said Act shall read as follows:
"Section 1. In the event of the refusal of a corporate surety to com mence the remedy of a default covered by, to make payment to an obligee under, or otherwise commence performance in accordance with, the terms of a contract of suretyship within 60 days after receipt from the obligee of a notice of default or demand for payment, and upon a finding that such refusal was in bad faith, the surety shall be liable to pay such obligee in addition to the loss not more than 25 percent of the liability of the surety for the loss and all reasonable attorney's fees for the pros ecution of the case against the surety. The amount of such reasonable at-

TUESDAY, FEBRUARY 26, 1980

2023

torney's fees shall be determined by the trial jury and shall be included in any judgment rendered in such action: Provided, however, that such at torney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where such suit is pending: Provided, further, that the trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the surety. Provided, further, for the pur poses of this act the term 'obligee' shall include any obligee or beneficiary pursuant to the terms of any contract of suretyship."
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 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 Barker Barnes
Bell Bond Brantley
Brown of 47th Carter
Cobb Coverdell
Dean Eldridge English

Evans
Fincher of 52nd Foster Gillis
Greene Hill Horton
Hudson Kennedy
Lester Littlefield
McGill Overby Paulk

Reynolds
R'ley Robinson Russell
Starr Stephens Stumbaugh
Sutton Tate
Thompson Timmons
Turner Tysinger Walker

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Kidd

Scott

Those not voting were Senators:

Broun of 46th Bryant Fincher of 54th Holloway (presiding)

Howard Hudgins Johnson

On the passage of the bill, the yeas were 42, nays 3.

Wessels
Land Langford Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 525. By Representatives Cheeks of the 89th, Padgett of the 86th, Daniel of the 88th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County; to repeal Resolution Act No. 24, found in Ga. Laws 1979, p. 1802, which proposed an amendment to the Constitution providing for an increased homestead exemption for tax purposes of certain property owned by residents of Richmond County; to provide for the sub mission of this amendment for ratification or rejection; and for other pur poses.
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 homestead of each resident of Richmond County actually oc cupied 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 $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bond ed indebtedness. The value of all property in excess of the foregoing ex emption shall remain subject to taxation. Said exemption shall be return ed and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1980.

TUESDAY, FEBRUARY 26, 1980

2025

Each resident of Richmond County who is 65 years of age or over is hereby granted an exemption from all Richmond County ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $ 10,000.00 on a homestead own ed 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, ex cept as hereinafter provided, does not exceed $10,000.00 for the im mediately preceding taxable year for income tax purposes. For the pur poses of this paragraph, net income shall not include income received as retirement, survivor, or disabiltiy 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 value of the residence in excess of the above ex empted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unles she, or through his agent, files an affidavit with the tax commissioner of Rich mond 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 ex emption as will enable the tax commissioner to make a determination as. to whether such owner is entitled to such exemption. The tax commis sioner 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 proc essing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Once any such owner has filed the prop er affidavit 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 allow ed 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 ex emption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Richmond County who is totally and permanently disabled is hereby granted an exemption from all Richmond County ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. For the purposes of this paragraph, the term 'totally and permanently disabled person' shall mean any person who has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence. 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 Richmond County giving information to the effect that he is totally and permanent ly disabled as herein defined and such additional information relative to

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receiving the benefits of such exemption as will enable the tax commis sioner 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. Once any such owner has filed the proper affidavit 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, 1980."
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.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the amount of the homestead of each resident of Richmond County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, to increase from $4,000.00 to $ 10,000.00 the amount of the homestead of each resident of
[ ] NO Richmond County who is 65 years of age or over and whose income does not exceed $10,000.00, which is exempt from taxes for county and school purposes, and to allow an ex emption from ad valorem taxes for county and school pur poses of $10,000.00 for the homestead of each resident of Redi?c"hmond County who is totally and permanently disabl

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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. 24, found in Ga. Laws 1979, p. 1802, proposing an amendment to the Constitution so as to provide for an increas ed homestead exemption for tax purposes of certain property owned by residents of Richmond County, is hereby repealed.

TUESDAY, FEBRUARY 26, 1980

2027

The Senate Committee on Community Affairs offered the following substitute to HR 525:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County; to repeal Resolution Act No. 24, found in Ga. Laws 1979, p. 1802, which proposed an amendment to the Constitution providing for an increased homestead exemption for tax purposes of certain property owned by residents of Richmond County; to provide for the sub mission of this amendment for ratification or rejection; and for other pur poses.
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 homestead of each resident of Richmond County actually oc cupied 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 $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bond ed indebtedness. The value of all property in excess of the foregoing ex emption shall remain subject to taxation. Said exemption shall be return ed and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Richmond County who is 65 years of age or over is hereby granted an exemption from all Richmond County ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead own ed 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, ex cept as hereinafter provided, does not exceed $10,000.00 for the im mediately preceding taxable year for income tax purposes. For the pur poses 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 value of the residence in excess of the above ex empted 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 Rich mond 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 ex-

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emption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner 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 pro cessing of homestead exemption, as the same now exists or may hereafter be amended, shall apply thereto. Once any such owner has filed the prop er affidavit and has been allowed the exemption provided herein, it shall not be necessary that he amke application and file the said affidavit thereafter for any year and the said exemption shall continue to be allow ed 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 ex emption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Richmond County who is totally and permanently disabled is hereby granted an exemption from all Richmond County ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. For the purposes of this paragraph, the term 'totally and permanently disabled person' shall mean any person who is unable to engage in any sustantially gainful activity by reason of any medically determinable physical or mental im pairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person shall not be considered to be permanently and totally disabled unless he furnishes proof of the existence thereof in such form and manner, and at such times, as the tax commissioner may require. Any such owner shall not receive the benefits of such homestead exemp tion unless he, or through his agent, files an affidavit with the tax com missioner of Richmond County giving information to the effect that he is totally and permanently disabled as herein defined and such additional information relative to receiving the benefits of such exemption as will enable the tax comminssioner 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 proc essed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead ex emptions, as the same now exists or may hereafter be amended, shall ap ply thereto. Once any such owner has filed the proper affidavit 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 ap ply to all taxable years beginning after December 31, 1980."

TUESDAY, FEBRUARY 26, 1980

2029

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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the amount of the homestead of each resident of Richmond
[ ] NO County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, to increase from $4,000.00 to $ 10,000.00 the amount of the homestead of each resident of Richmond County who is 65 years of age or over and whose income does not exceed $10,000.00, which is exempt from taxes for county and school purposes, and to allow an ex emption from ad valorem taxes for county and school pur poses of $10,000.00 for the homestead of each resident of Richmond County who is totally and permanently dis abled?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes.". All person desiring to vote against ratifying the pro posed 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. 24, found in Ga. Laws 1979, p. 1802, proposing an amendment to the Constitution so as to provide for an increas ed homestead exemption for tax purposes of certain property owned by residents of Richmond County, is hereby repealed in its entirety.

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 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 Barnes Bell Brantley Brown of 47th

Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton

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Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr Stephens

Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Bryant

Holloway (presiding) Johnson

Langford Summers

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

HR 543. By Representatives Childs of the 51st, Richardson of the 52nd, Tolbert of the 56th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Decatur to permit certain residents of the city to defer a portion of the city ad valorem taxes due on their homesteads; to provide conditions and limitations; 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 VII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject to the conditions, procedures, and limitations provided by ordinance, the governing authority of the City of Decatur may authorize residents of the city aged 65 or older to defer all or a portion of the dollar increase in city ad valorem taxes due on their homesteads based on the dollar amount of city ad valorem taxes owed on the homestead in the tax year in which the resident reached his sixty-fifth birthday or in the tax year 1980, whichever is more. The amount of taxes deferred on a homestead shall constitute a lien on the property which shall have the same priority as any other lien for taxes. The lien shall become due and payable upon the death of the taxpayer if title to the property does not vest in the taxpayer's spouse, when the property is sold or title is transfer-

TUESDAY, FEBRUARY 26, 1980

2031

red to someone other than the taxpayer's spouse, when the property is no longer used as a homestead by the taxpayer or his spouse, or when any re quired insurance on the property lapses or otherwise ceases to be in force. No homestead may qualify for deferral unless the taxpayer or the tax payer and his pouse has an equity in the property of 30 percent or more based upon the fair market value of the property as determined for pur poses of ad valorem taxation. No deferral may be granted to a taxpayer when the total amount of all liens for deferred taxes, together with in terest, exceeds 50 percent of the fair market value of the property as determined for purposes of ad valorem taxes. The amount of deferred taxes on any property shall bear interest, until paid, at the rate provided by law for delinquent ad valorem taxes. The property for which any deferral is claimed must have in force a fire and extended coverage in surance policy in an amount which is in excess of the sum of all outstand ing liens and deferred taxes and interest with a loss payable clause to the 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the followng:
"[ ] YES Shall the Constitution be amended so as to authorize the City of Decatur to permit residents who are 65 or over to defer
[ ] NO payment of a portion of their city ad valorem taxes?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Brantley Brown of 47th Carter

Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson

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Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh

Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Bryant

Holloway (presiding) Johnson

Langford Summers

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 570. By Representative Connell of the 87th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who are under the age of 65 in the amount of two thousand dollars ($2,000.00), or such greater amount as is equal to the homestead exemption from ad valorem taxation in Richmond County, Georgia; to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who are 65 years of age or older, in an amount of four thousand dollars ($4,000.00), or such greater amount as may be hereinafter exempted as a homestead from ad valorem taxation by Richmond County, Georgia, if the net income of said resident, together with the net income of his spouse who also occupies and resides at said homestead, from all sources, does not exceed four thousand dollars ($4,000.00), for the immediately preceding taxable year for income tax 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 GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding to the end thereof, the following:
"A homestead of each resident under 65 years of age of the City of Augusta actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said

TUESDAY, FEBRUARY 26, 1980

2033

City for the payment of interest on and retirement of bonded in debtedness, in an amount equal to the greater of: 1) two thousand dollars ($2,000.00) of its value, or 2) an amount equal in dollar value to the homestead of any such person which now or hereinafter may be exempt ed from ad valorem taxation by Richmond County, Georgia.
A homestead of each resident who is 65 years of age or older of the City of Augusta actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded in debtedness, in an amount equal to the greater of: 1) four thousand dollars ($4,000.00) of its value, or 2) an amount equal in dollar value to the homestead of any such person age 65 or older which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia. This exemption for person 65 years of age or older shall be granted to said resident only if his net income, together with the net in come of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed four thousand dollars ($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 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 governing authority of the City, giving his age and the amount of income which he and his spouse received in the last taxable year for income tax purposes, and such addi tional information relative to receiving the benefits of such exemption as will enable the governing authority to make a determination as to whether such owner is entitled to such exemption. The governing authority shall provide affidavit forms for this purpose. Such applica tions shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the proc essing 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 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 governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph.
The governing authority of the City of Augusta may provide for the proper administration of this exemption, including penalties necessary therefore.
Any exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."

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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, as amended.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for homestead exemption for residents and homeowners of the City of Augusta, under 65 years of age, in an amount equal to the greater of: 1) two thousand dollars ($2,000.00), or 2) an amount equal in dollar value to the homestead of any such person which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia; and, for homestead exemption for residents and homeowners
[ ] NO of the City of Augusta, 65 years of age or older, in an amount equal to the greater of: 1) four thousand dollars ($4,000.00), or 2) an amount in dollar value to the home stead of any said person age 65 years or older, which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia; provided, that the net income of said resident homeowner age 65 years or older, together with the net income of his or her spouse who also occupies and resides at said homestead, from all sources, does not ex ceed four thousand dollars ($4,000.00) for income tax pur poses, for the immediately preceding taxable year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Brantley Brown of 47th Carter

Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson

TUESDAY, FEBRUARY 26, 1980

Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh

Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Bryant

Holloway (presiding) Johnson

Langford Summers

2035

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 631. By Representative Vaughn of the 57th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the Rockdale County 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 man ner of such issuance and for validation thereof; to authorize said authority to contract with Rockdale County 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; to authorize Rockdale County to contract with said authority for the use by said county or the residents thereof of any facilities or services of said authority; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said authority; 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 Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Section 1. Rockdale County Public Facilities Authority. There is hereby created a public body corporate and politic to be known as the Rockdale County Public Facilities Authority, which shall be deemed to

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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 con tracted 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 tax ation 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 pursuant 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 boundaries of Rockdale County, Georgia, as the same may 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 declared to be that of acquiring, constructing, adding to, extending, improving, equip ping, maintaining, and operating public projects, fire stations, police sta tions, 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, in cluding without limitation any public facilities which Rockdale County might be empowered to acquire, construct, own, maintain, and 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 members who shall be residents of Rockdale County. The chairman of the board of commissioners of Rockdale County shall be a member of the authority. The remaining four members of the authority shall be appointed by the chairman of the board of commissioners of Rockdale County, and ap proved by the board of commissioners of Rockdale County. Two members shall be appointed and shall each serve for terms of office of two years and two members shall be appointed and shall each serve for terms of office of four years. Thereafter, all members shall be appointed for terms of office of four years each and they shall serve until their suc cessors are appointed and approved. Of said four remaining members of the authority, not more than two of them shall be individuals who are members of the board of commissioners of Rockdale County. 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 board of commissioners of Rockdale County shall terminate when his term of office as a member of such board expires or otherwise terminates.
Any appointed member of the authority may be reappointed as a member of the authority. Immediately after such appointments or reappointments, the members of the authority shall enter upon their duties. Any vacancy on the authority with respect to 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 appointed shall serve for the remainder of the unexpired term. The authority shall elect one of its members as chairman and

TUESDAY, FEBRUARY 26, 1980

2037

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 authority. The members of the authority may be com pensated as determined from time to time by the governing body of Rockdale County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own govern ment. It shall have perpetual existence.
Section 4. Definitions. As used herein the following words and terms shall have the following meanings:
(1) The word 'authority' shall mean the Rockdale County Public Facilities Authority created in Section 1 hereof.
(2) The word 'projects' or 'project' shall be deemed to mean and in clude the acquisition, construction, equipping, extension, improvement, maintenance, and operation of any public project, fire station, police sta tion, 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 connec tion with such undertakings including, without limitation, any public facilities which Rockdale County might be empowered to acquire, con struct, own, maintain, and 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 per sonal property, so as to assure the efficient and proper development, maintenance, and operation of such undertakings deemed by the authori ty to be necessary, convenient, or desirable.
(3) The term 'cost of the project' shall embrace the cost of acquisi tion 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 revenue bonds accruing prior to and during acquisition and construction, and for one year after completion of acquisition and construction; the cost of engineering, architectural, fiscal, accounting, and legal expenses, and of plans and specifications, and of other expenses necessary or incident to determining the feasibility or practicability of the project, and administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized for the acquisition and construction of any project and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions hereof for such project.
(4) 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, p. 36), as amended, and such type of obligations may be issued by the authority as authorized under said

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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.
(5) 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:
(1) To have a seal and alter the same at pleasure;
(2) 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;
(3) 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 respect 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 construct any project on any lands the title to which shall then be in Rockdale County, the governing authority of said county is hereby authorized to convey title to such lands to the authority upon payment to the credit of the general funds of said county 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 county and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, accountants, and attorneys, and fix their respective compensa tions;
(5) To enter into contracts and leases, and to execute all instruments necessary or convenient, including contracts for the acquisition and con struction 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 corpora tions, the state and any and all political subdivisions, departments, in stitutions, or agencies of the state are hereby authorized to enter into con tracts, 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 authority to enter in to contracts, leases, and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative 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

TUESDAY, FEBRUARY 26, 1980

2039

the United States government 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, cor porations, 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 obligations 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. Rockdale County is authorized to levy taxes, without limitation as to rate or amount, and to expend tax moneys of the county and any other available funds and to obligate said county to make pay ment thereof to the authority upon such terms as may be provided in any contract, lease, or agreement entered into by and between the authority and Rockdale County, in order to enable the authority to pay the prin cipal 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, renew ing, and replacing the property or facilities so furnished by the authority;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds and other funds available to the authority;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumen tality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans and 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 instrumentality or political subdivision may impose;
(9) 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 pur pose and to provide for the payment of the same and for the rights of the holders thereof;

(10) To exercise any power usually possessed by private corpora tions performing similar functions, which is not in conflict with the Con stitution and laws of the State of Georgia;

(11) The authority and any trustee acting under any trust indenture delivered in connection with the issuance of bonds are specifically authorized, from time to time, to sell, lease, grant, exchange, or other wise dispose of any surplus property, both real and personal, or interest therein, not required in the normal operation of and usable in the further ance of the purposes for which the authority was created, except as such right and power may be limited as provided herein;

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(12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to ex ceed 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 Rockdale County as the lessee; and
(13) To do all things necessary or convenient to carry out the powers expressly granted herein.
Section 6. Revenue bonds. The authority, or any public authority 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 and shall bear interest at such rate or rates not exceeding the max imum limit prescribed in the Revenue Bond Law as now or hereafter amend ed. Interest shall be payable semiannually or annually; principal shall mature at such time or times not exceeding 40 years from the date or dates of such bonds, shall be payable as to both principal and interest in lawful moneys 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 terms and conditions as may be fixed by the authority in the resolu tion 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, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended; and all pro cedures 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, including any interest coupons to be attached thereto, and shall fix the denomination or denomina tions of the bonds and the place or places of payment of principal and in terest 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 executed by the manual or facsimile signature of the chairman or the vice chairman of the authority and attested by the manual or facsimile 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 fac simile 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

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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 ap pear 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 suffi cient for all purposes 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.
Section 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 certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the is suance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The authori ty 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 is suance of revenue bonds under the provisions hereof shall become effective immediately upon its passage 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 Rockdale County, nor a pledge of the faith and credit of said county; 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 contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropria tion for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this sentence.
Section 15. Trust indenture as security. In the discretion of the authori ty, 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 com pany 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,

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revenues, and earnings to be received by the authority, including the pro ceeds 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 provi sions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, in cluding 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, safeguard ing, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal, and may also pro vide 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 may also contain provisions concerning the condi tions, 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 such indemnifying bonds or pledge 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 bondholders as is customary in trust indentures securing bonds and debentures of corpora tions. 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 any such trust indenture may be treated as a part of the cost of maintenance, opera tion, 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 revenue 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 in denture may provide.
Section 17. Sinking fund. The revenues, fees, tolls, and earnings deriv ed 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 moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the pay ment 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 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 redemption, payment, or otherwise, (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment 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 is-

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2043

suance 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 pro visions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys 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 canceled 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 appertaining 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 is suance 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 per formance of all duties required hereby or by such resolution or trust inden ture, 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 provisions 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 in sofar 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 jurisdiction of such actions.
Section 21. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, political sub division, or instrumentality of the State of Georgia, or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority 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 condi tions 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

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be final and conclusive 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 subdivision, or in strumentality, if a party to the validation proceedings, contracting with the authority.
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 diminish ed 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 interests 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 receiv ed pursuant to the provisions hereof, 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 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 lands 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, equip ment, 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 regulations 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 employees of the authority, when in the performance of the work of the authority, shall have the same

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immunity and exemption from liability for torts and negligence as the of ficers, agents, and employees 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 contrary; and this amendment and any law enacted with reference to the authority shall be liberally con strued for the accomplishment of its purposes.
Section 29. Powers declared supplemental and additional. The forego ing provisions hereof shall be deemed to provide an additional and alter native method for the doing of the things authorized thereby, 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. Audit. At the conclusion of each fiscal year of the authori ty, the financial affairs of the authority shall be audited by an independent certified public accounting firm. The board of commissioners of Rockdale County shall select the firm which shall conduct the audit.
Section 31. Repeal. This amendment does not in any way take from Rockdale County 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, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended.
Section 32. 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 Rockdale County shall, by appropriate resolution, declare the need for the authority to be activated and to operate within Rockdale County.
Section 33. General Assembly. This amendment is self-enacting and does not require any enabling legislation by the General Assembly of the State of Georgia for it to become effective. However, the General Assembly may, by law, further regulate the management and conduct of the authority not inconsistent with any other provisions of this Constitution. More specifically, the General Assembly may, by general or local legislation, alter or change the structure, organization, programs, or activities of the authori ty 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 provisons of the Constitution of the United States of America and of the Con stitution of the State of Georgia prohibiting the same."

Section 2. The above amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Con stitution.

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The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the Rockdale County Public Facilities Authority, to provide for
[ ] NO the powers, authorities, and duties of such authority, to authorize such authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, to authorize the authority to contract with Rockdale County and other public bodies, and to authorize Rockdale County to contract with the authority for the use by said county or its residents of any facilities or services of the authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Brantley Brown of 47th Carter Cobb
Coverdell Dean Eldridge
English Evans
Fincher of 52nd Fincher of 54th

Foster
Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy
Kidd Land Lester
Littlefield McGill
Overby Paulk

Those not voting were Senators:

Bond Broun of 46th Bryant

Holloway (presiding) Johnson

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Langford Summers

TUESDAY, FEBRUARY 26, 1980 On the adoption of the resolution, the yeas were 48, nays 0.

2047

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 643. By Representatives Dover of the 11 th, Twiggs and Colwell of the 4th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that for the purposes of White County and White County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be increased to $10,000.00; to provide for submission of the 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 after the following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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 defin ed by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for in come 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 in dividual and his spouse under the Federal Social Security Act, and in come from such sources in excess of such maximum amount shall be in cluded as net income for the purposes of this paragraph. 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 or tax receiver of the county in which he resides, 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 in formation relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner or tax receiver 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

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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 or tax receiver in the event he becomes ineligible for any reason for the ex emption 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, 1974.",
a new paragraph to read as follows:
"For the purposes of the application of White County and White County school district ad valorem taxes, the homestead exemption granted in the immediately preceding paragraph is hereby increased from $4,000.00 to $10,000.00, and the maximum income qualification is amended to include gross income received from all sources, including but not limited to, retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retire ment, disability or pension system, with no exceptions, and is hereby changed from a net income of $4,000.00 to a gross income of $10,000.00."
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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that for the purposes of White County and White County school
[ ] NO district ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be chang ed to $10,000.00 from all sources?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 resolu tion, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1980

2049

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Brown of 47th Carter Cobb
Coverdell Dean Eldridge
English Evans
Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy
Kidd Land Lester
Littlefield McGill
Overby Paulk

Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton
Tate Thompson Timmons
Turner Tysinger
Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Bryant

Holloway (presiding) Johnson

Langford Summers

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite two-thirds 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 House:

HB 1665. By Representatives Beal of the 28th, Burton of the 47th, Ham of the 80th and others:
A bill to provide for certain warnings regarding the harmful effects of the consumption of alcoholic beverages by pregnant women.

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HB 1683. By Representatives Lambert of the 112th, Hatcher of the 131st, Knight of the 67th and others:
A bill to amend an Act amending the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to the local option sales and use tax, so as to delete therefrom those provisions which repeal Code Chapter 91A-46, effec tive July 1, 1981.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 526. By Representatives Collins of the 144th, Carrell of the 75th, Castleberry of the 111th and others:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to homestead exemptions from ad valorem taxa tion for elderly residents of the State.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 842. By Representatives Lambert of the 112th, Logan of the 62nd and Argo of the 63rd:
A bill to amend Code Section 26-1704, relating to bad checks, so as to set forth the punishment provisions upon conviction of criminal issuance of bad checks.

HB 1641. By Representative Bolster of the 30th:
A bill to amend an Act relating to access to buildings and facilities by han dicapped persons, so as to define the enforcement duties of the Safety Fire Commissioner.

HB 1731. By Representatives Reaves of the 147th, Moore of the 152nd, Padgett of the 86th and others:
A bill to amend Code Section 84-4005, relating to the Georgia State Board of Landscape Architects, so as to continue the Georgia State Board of Land scape Architects and the laws relating thereto until July 1, 1982.

HB 1732. By Representatives Reaves of the 147th, Moore of the 152nd, Padgett of the 86th and others:
A bill to amend an Act known as the "Structural Pest Control Act", so as to continue the Structural Pest Control Commission and the laws relating thereto until July 1, 1983.

TUESDAY, FEBRUARY 26, 1980

2051

HB 1581. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require the payment of certain application and filing fees.

HB 1299. By Representatives Snow of the 1st and Murphy of the 18th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, so as to provide for changes in the compensation and allowances of certain state officials.

HB 1229. By Representative Phillips of the 125th:
A bill to amend Code Section 110-401, relating to default judgments in cer tain courts, so as to provide for determination by the court of damages in certain actions resulting in default judgments.

HB 1230. By Representative Phillips of the 125th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide for determination by the court of damages in certain actions resulting in default judgments.

HB 1250. By Representatives Pilewicz of the 41st and Veazey of the 146th:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to authorize specifically certain licensed medical technicians, advanced medical technicians, or cardiac technicians to obtain certain substances; to provide for control and authorization; to provide for use of such substances.

HB 1748. By Representative Phillips of the 120th:
A bill to amend an Act establishing the Georgia Safe Dams Act of 1978, so as to provide for administrative and judicial review of the classification of dams by the Soil and Water Conservation Committee.

HB 537. By Representatives Knight of the 67th, Johnson of the 74th, Adams of the 36th and others:
A bill to provide for a credit against personal income tax or corporate tax for the purchase and installation of active and passive solar energy systems; to provide for a short title "Solar Energy Credit Act of 1979"; to provide for rules and regulations defining active and passive solar energy systems; to provide for rules and regulations for obtaining credit.

HB 1523. By Representatives Cox of the 141st, Bargeron of the 83rd, Evans of the 84th and Ross of the 76th:
A bill to amend an Act providing for a uniform traffic citation and com plaint form, so as to change the restriction with regard to the use of the form in the superior courts of this state.

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JOURNAL OF THE SENATE,

HB 1776. By Representative Cheeks of the 89th:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt sales to certain blood banks.

HB 1570. By Representatives Pinkston of the 100th, Home of the 104th, Walker of the 115th and others:
A bill to amend Code Chapter 113-9, relating to rules of descent and distribution and rights of heirs, so as to change and state rules of inheritance by, from, and through illegitimate children.

HB 1765. By Representatives Mullinax of the 69th, Williams of the 6th, McDonald of the 12th and others:
A bill to amend an Act establishing a minimum wage for certain employees within the State of Georgia, known as the "Georgia Minimum Wage Law", so as to increase the minimum wage of certain employees.

HB 1437. By Representative Ham of the 80th:
A bill to amend Code Section 19-101, relating to when writ of certiorari will lie, so as to provide for direct appeal to the superior court under certain con ditions; to provide that any such appeal shall be a de novo proceeding.

HB 1583. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to redesignate Chapter 24A-34, relating to protective orders and to redesignate Code Section 24A-3410, relating to protective orders.

HB 1584. By Representatives Snow of the 1st, Walker of the 115th, and Karrh of the 106th:
A bill to amend Code Chapter 26-17, relating to deceptive practices, so as to redesignate Code Section 26-1710, relating to fraudulently obtaining or at tempting to obtain public housing, as enacted by an Act approved April 8, 1977 (Ga. Laws 1977, p. 1332).
HB 1586. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to repeal certain specific Acts relating to the establishment of law libraries in various counties of the State of Georgia.
HB 1587. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to amend Code Section 72-201, relating to authorization and pro cedure for abatement of nuisances generally, so as to provide for proper venue for the abatement of nuisances as provided in said Code Section.

TUESDAY, FEBRUARY 26, 1980

2053

HB 1677. By Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th, and Culpepper of the 98th:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, so as to change the definition of insurrection.

HB 1298. By Representatives Snow of the 1st and Murphy of the 18th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, so as to provide for changes in the compensation and allowances of certain state officials.

HB 274. By Representatives Snow of the 1st, Walker of the 115th, and Culpepper of the 98th:
A bill to amend an Act fixing the salaries of the judges of the superior courts so as to authorize judges of the superior courts to employ law clerks.

HB 1062. By Representative Williams of the 48th:
A bill to provide for investigations and reports by family and children ser vices agencies in certain contested child custody proceedings.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 159. By Representatives Savage of the 25th, Watkins of the 34th, Cheeks of the 89th and others:
A resolution creating the "Select Committee on Constitutional Revision" so as to provide for the complete revision of the Georgia Constitution in time for submission to the voters at the 1980 general election.

HR 753. By Representatives Twiggs of the 4th, Irvin of the 10th, Dover of the 11th and others:
A resolution designating a road in Union County as the "Pat E. Colwell Road".

HR 462. By Representatives Snow and Hays of the 1st, and Crawford of the 5th: A resolution compensating Mr. Jerry Crouch.

HR 508. By Representative Gignilliat of the 122nd: A resolution compensating Mrs. Margaret B. Hamrick.

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JOURNAL OF THE SENATE,

HR 438. By Representative Harrison of the 20th: A resolution compensating Mr. Donald R. Wissing.

HR 590. By Representatives Colwell and Twiggs of the 4th:
A resolution compensating Janice T. Plumley, individually and as guardian of Rebecca J. Towe, Steven L. Towe, and Phillip A. Towe, children of Jean S. Towe, deceased.

HR 626. By Representative Phillips of the 91st: A resolution compensating Mr. James C. Jordan, Sr.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1093. By Representatives Hasty of the 8th, Moore and Smith of the 152nd and others:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relating to reestablishing membership service after the withdrawal of contributions.

The following bills and resolutions of the House were read the first time and refer red to committees:

HB 374. By Representative Hutchinson of the 133rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relative to mandatory retirement age. Referred to Committee on Retirement.

HB 1282. By Representatives Hatcher of the 131st, Williamson of the 45th, Burruss of the 21st and others:
A bill to amend Code Section 91A-3601, relating to rate of individual in come taxation, so as to change the rates of tax. Referred to Committee on Banking, Finance and Insurance.

HB 1824. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act adding one additional judge of the superior courts of the Northern Judicial Circuit, so as to change the compensation provisions relating to said additional judge. Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 26, 1980

2055

HR 480. By Representatives Lane of the 40th, Adams of the 36th and Carnes of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exercise the power of taxation over the entire state for the purposes of funding the salaries of personnel whether hired on a regular basis or for special purposes such as participation in extracurricular and interscholastic activities.
Referred to Committee on Banking, Finance and Insurance.

HR 722. By Representatives Moore and Smith of the 152nd:
A resolution authorizing the conveyance of certain State-owned real proper ty located within Camden County, Georgia, to Camden County and to the Georgia Department of Transportation. Referred to Committee on Public Utilities.

HR 750. By Representative Murphy of the 18th:
A resolution recognizing the outstanding record of service of Honorable George T. Smith, Judge, Court of Appeals. Referred to Committee on Rules.

HB 274. By Representatives Snow of the 1st, Walker of the 115th and Culpepper of the 98th:
A bill to amend an Act fixing the salaries of the judges of the superior courts so as to authorize judges of the superior courts to employ law clerks.
Referred to Committee on Judiciary.

HB 537. By Representatives Knight of the 67th, Johnson of the 74th, Adams of the 36th and others:
A bill to provide for a credit against personal income tax or corporate tax for the purchase and installation of active and passive solar energy systems; to provide for a short title "Solar Energy Credit Act of 1979"; to provide for rules and regulations defining active and passive solar energy systems; to provide for rules and regulations for obtaining credit.
Referred to Committee on Banking, Finance and Insurance.

HB 842. By Representatives Lambert of the 112th, Logan of the 62nd and Argo of the 63rd:
A bill to amend Code Section 26-1704, relating to bad checks, so as to set forth the punishment provisions upon conviction of criminal issuance of bad checks.
Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE,

HB 1062. By Representative Williams of the 48th:
A bill to provide for investigations and reports by family and children ser vices agencies in certain contested child custody proceedings. Referred to Committee on Judiciary.

HB 1093. By Representatives Hasty of the 8th, Moore and Smith of the 152nd, and others:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relating to reestablishing membership service after the withdrawal of contributions. Referred to Committee on Retirement.
HB 1229. By Representative Phillips of the 125th:
A bill to amend Code Section 110-401, relating to default judgments in cer tain courts, so as to provide for determination by the court of damages in certain actions resulting in default judgments. Referred to Committee on Special Judiciary.

HB 1230. By Representative Phillips of the 125th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide for determination by the court of damages in certain actions resulting in default judgments. Referred to Committee on Judiciary.

HB 1250. By Representatives Pilewicz of the 41st and Veazey of the 146th:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to authorize specifically certain licensed medical technicians, advanced medical technicians, or cardiac technicians to obtain certain substances; to provide for control and authorization; to provide for the use of such substances.
Referred to Committee on Human Resources.

HB 1298. By Representatives Snow of the 1st and Murphy of the 18th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, so as to provide for changes in the compensation and allowances of certain state officials. Referred to Committee on Appropriations.

HB 1299. By Representatives Snow of the 1st and Murphy of the 18th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, so as to provide for changes in the compensation and allowances of certain state officials. Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 26, 1980

2057

HB 1437. By Representative Ham of the 80th:
A bill to amend Code Section 19-101, relating to when writ of certiorari will lie, so as to provide for direct appeal to the superior court under certain con ditions; to provide that any such appeal shall be a de novo proceeding. Referred to Committee on Special Judiciary.

HB 1523. By Representatives Cox of the 141st, Bargeron of the 83rd, Evans of the 84th and Ross of the 76th:
A bill to amend an Act providing for a uniform traffic citation and com plaint form, so as to change the restriction with regard to the use of the form in the superior courts of this state.
Referred to Committee on Special Judiciary.

HB 1570. By Representatives Pinkston of the 100th, Home of the 104th, Walker of the 115th and others:
A bill to amend Code Chapter 113-9, relating to rules of descent and distribution and rights of heirs, so as to change and state rules of inheritance by, from and through illegitimate children.
Referred to Committee on Judiciary.

HB 1581. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require the payment of certain application and filing fees. Referred to Committee on Special Judiciary.

HB 1583. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to redesignate Chapter 24A-34, relating to protective orders and to redesignate Code Section 24A-3410, relating to protective orders.
Referred to Committee on Judiciary.

HB 1584. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to amend Code Chapter 26-17, relating to deceptive practices, so as to redesignate Code Section 26-1710, relating to fraudulently obtaining or at tempting to obtain public housing, as enacted by an Act approved April 8, 1977 (Georgia Laws 1977, p. 1332).
Referred to Committee on Judiciary.

2058

JOURNAL OF THE SENATE,

HB 1586. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to repeal certain specific Acts relating to the establishment of law libraries in various counties of the State of Georgia. Referred to Committee on Judiciary.

HB 1587. By Representatives Snow of the 1st, Walker of the 115th and Karrh of the 106th:
A bill to amend Code Section 72-201, relating to authorization and pro cedure for abatement of nuisances generally, so as to provide for proper venue for the abatement of nuisances as provided in said Code Section.
Referred to Committee on Special Judiciary.

HB 1641. By Representative Bolster of the 30th:
A bill to amend an Act relating to access to buildings and facilities by han dicapped persons, so as to define the enforcement duties of the Safety Fire Commissioner. Referred to Committee on Human Resources.

HB 1665. By Representatives Beal of the 28th, Burton of the 47th, Ham of the 80th and others:
A bill to provide for certain warnings regarding the harmful effects of the consumption of alcoholic beverages by pregnant women. Referred to Committee on Human Resources.

HB 1677. By Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and Culpepper of the 98th: A bill to amend Code Chapter 26-22, relating to treason and related offenses, so as to change the definition of insurrection.
Referred to Committee on Judiciary.
HB 1683. By Representatives Lambert of the 112th, Hatcher of the 131st, Knight of the 67th and others: A bill to amend an Act amending the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to the local option sales and use tax, so as to delete therefrom those provisions which repeal Code Chapter 91A-46, effec tive July 1, 1981.
Referred to Committee on Banking, Finance and Insurance.

TUESDAY, FEBRUARY 26, 1980

2059

HB 1731. By Representatives Reaves of the 147th, Moore of the 152nd, Padgett of the 86th and others:
A bill to amend Code Section 84-4005, relating to the Georgia State Board of Landscape Architects, so as to continue the Georgia State Board of Land scape Architects and the laws relating thereto until July 1, 1982.
Referred to Committee on Governmental Operations.

HB 1732. By Representatives Reaves of the 147th, Moore of the 152nd, Padgett of the 86th and others:
A bill to amend an Act known as the "Structural Pest Control Act", so as to continue the Structural Pest Control Commission and the laws relating thereto until July 1, 1983.
.Referred to Committee on Governmental Operations.

HB 1748. By Representative Phillips of the 120th:
A bill to amend an Act establishing the Georgia Safe Dams Act of 1978, so as to provide for administrative and judicial review of the classification of dams by the Soil and Water Conservation committee. Referred to Committee on Natural Resources and Environmental Quality.
HB 1765. By Representatives Mullinax of the 69th, Williams of the 6th, McDonald of the 12th and others:
A bill to amend an Act establishing a minimum wage for certain employees within the State of Georgia, known as the "Georgia Minimum Wage Law", so as to increase the minimum wage of certain employees. Referred to Committee on Industry, Labor and Tourism.
HB 1776. By Representative Cheeks of the 89th:
A bill to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt sales to certain blood banks. Referred to Committee on Banking, Finance and Insurance.
HR 159. By Representatives Savage of the 25th, Watkins of the 34th, Cheeks of the 89th and others:
A resolution creating the "Select Committee on Constitutional Revision" so as to provide for the complete revision of the Georgia Constitution in time for submission to the voters at the 1980 general election. Referred to Committee on Judiciary.
HR 526. By Representatives Collins of the 144th, Carrell of the 75th, Castleberry of the 111 th and others:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to homestead exemptions from ad valorem taxa tion for elderly residents of the State. Referred to Committee on Banking, Finance and Insurance.

2060

JOURNAL OF THE SENATE,.

HR 753. By Representatives Twiggs of the 4th, Irvin of the 10th, Dover of the 11th and others:
A resolution designating a road in Union County as the "Pat E. Colwell Road". Referred to Committee on Transportation.

HR 438. By Representative Harrison of the 20th:
A resolution compensating Mr. Donald R. Wissing in the amount of $3,000.00. Referred to Committee on Appropriations.

HR 462. By Representatives Snow and Hays of the 1st and Crawford of the 5th: A resolution compensating Mr. Jerry Crouch in the amount of $640.59.
Referred to Committee on Appropriations.

HR 508. By Representative Gignilliat of the 122nd:
A resolution compensating Mrs. Margaret B. Hamrick in the amount of $6,000.00. Referred to Committee on Appropriations.

HR 590. By Representatives Colwell and Twiggs of the 4th:
A resolution compensating Janice T. Plumley, individually and as guardian of Rebecca J. Towe, Steven L. Towe, and Phillip A. Towe, children of Jean S. Towe, deceased, in the amount of $ 10,000.00 Referred to Committee on Appropriations.

HR 626. By Representative Phillips of the 91st:
A resolution compensating Mr. James C. Jordan, Sr., in the amount of $173.78. Referred to Committee on Appropriations.

Senator Riley of the 1st moved that the Senate stand in recess from 4:10 o'clock P.M. until 11:00 o'clock P.M. and at that time adjourn until 9:30 o'clock A.M. tomor row, and the motion prevailed.

At 4:10 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate would stand in recess until 11:00 o'clock P.M., and at that time stand adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 27, 1980

2061

Senate Chamber, Atlanta, Georgia Wednesday, February 27, 1980

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was call ed to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Evans of the 37th moved that the Senate reconsider its action in passing the following bill of the House:
HB 1339. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to change the penalty provisions; to provide for rectification of certain viola tions; to provide for limitations of certain remedies concerning contracts ex ecuted prior to a certain date.

On the motion, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes
Dean Eldridge

Evans Greene Horton Land

Those voting in the negative were Senators:

Allgood Broun of 46th Brown of 47th Carter Fincher of 54th Hill

Holloway Hudgins Kennedy Kidd Lester McGill

Those not voting were Senators:

Bell Bond Brantley Bryant Cobb Coverdell English Fincher of 52nd

Foster Gillis Howard Hudson Johnson Langford Littlefield Scott

Paulk Robinson Sutton Thompson
Overby Reynolds Riley Russell Walker Wessels
Starr Stephens Stumbaugh Summers Tate Timmons Turner Tysinger

2062

JOURNAL OF THE SENATE,

On the motion, the yeas were 13, nays 18; the motion lost, and HB 1339 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 612. By Senator Foster of the 50th:
A bill to create the Habersham County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof.
Referred to Committee on Community Affairs.

SB 613. By Senator Littlef ield of the 6th:
A bill placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, as amended, so as to provide that the clerk of the superior court may be compensated for any additional duties which he may have in any court other than the superior court.
Referred to Committee on Community Affairs.

SB 614. By Senator Littlef ield of the 6th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, as amended, so as to change the compensation of the deputy sheriffs and the sheriff's secretary.
Referred to Committee on Community Affairs.

SB 615. By Senator Bryant of the 3rd:
A bill to amend -an Act creating a new charter for the City of Ludowici, as amended, so as to revise and update the charter of the City of Ludowici. Referred to Committee on Community Affairs.

SB 616. By Senator Foster of the 50th:
A bill to amend an Act placing the Sheriff of Fannin County upon an an nual salary, as amended, so as to change the provisions relative to personnel employed by the Sheriff. Referred to Committee on Community Affairs.

WEDNESDAY, FEBRUARY 27, 1980

2063

SB 617. By Senators Allgood of the 22nd and Wessels of the 2nd:
A bill to provide for the establishment of Metropolitan Police Districts in those counties of this state having a population of 100,000 or more ac cording to the United States Decennial Census of 1970 or any future such census and also in those municipalities lying primarily within such counties.
Referred to Committee on Community Affairs.

SR 379. By Senator Coverdell of the 40th:
A resolution instructing the Senate Committee on Retirement to study and analyze the feasibility of a state wage increase via assumption of the social security tax for state employees. Referred to Committee on Retirement.

SR 380. By Senators Hudgins of the 15th, Scott of the 43rd, Russell of the 10th and others:
A resolution creating the Gasohol Study Committee. Referred to Committee on Rules.

SR 381. By Senators Hudgins of the 15th, Russell of the 10th, Stumbaugh of the 55th and others:
A resolution creating the Probation Officer and Detention Center Study Committee. Referred to Committee on Offender Rehabilitation.

SR 385. By Senator Thompson of the 32nd: A resolution creating the Yellow Pages Study Committee.
Referred to Committee on Industry, Labor and Tourism.

SR 387. By Senators Bell of the 5th, Scott of the 43rd, Tysinger of the 41st and others:
A resolution relative to the State Court of DeKalb County. Referred to Committee on Community Affairs.

The following reports of standing committees were read by the Secretary: Mr. President:
Your Committee on Banking, Finance and Insurance has had under consideration

2064

JOURNAL OF THE SENATE,

the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1301. Do pass. HB 1314. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Community Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 603. Do pass. SB 605. Do pass. SB 611. Do pass. HB 1008. Do pass. HB 1670. Do pass. HB 1692. Do pass. HB 1693. Do pass. HB 1697. Do pass. HB 1698. Do pass. HB 1704. Do pass. HB 1705. Do pass. HB 1717. Do pass. HB 1733. Do pass as amended. SB 443. Do pass by substitute. SB 610. Do pass. HB 1321. Do pass as amended. HB 1322. Do pass as amended. HB 1323. Do pass by substitute. HB 1599. Do pass. HB 1631. Do pass. HB 1645. Do pass. HB 1699. Do pass.

WEDNESDAY, FEBRUARY 27, 1980
HB 1719. Do pass. HB 1721. Do pass. HB 1723. Do pass. HB 1724. Do pass. HB 1740. Do pass. HB 1743. Do pass. HB 1745. Do pass. HB 1747. Do pass. HB 1754. Do pass. HB 1756. Do pass. HB 1757. Do pass. HB 1762. Do pass. HB 1767. Do pass. HB 1768. Do pass. HB 1769. Do pass. HB 1772. Do pass. HB 1734. Do pass as amended. HB 1735. Do pass as amended. HB 1738. Do pass. HB 1739. Do pass. SR 366. Do pass. HR 678. Do pass. HR 679. Do pass. HR 680. Do pass. HR 681. Do pass. HR 728. Do pass. HR 730. Do pass. HR 560. Do pass. HR 623. Do pass as amended. HR 624. Do pass. HR 636. Do pass by substitute. HR 724. Do pass. HR 725. Do pass.

2065

2066

JOURNAL OF THE SENATE,

HR 729. Do pass. HR 731. Do pass. HR 754. Do pass. HR 755. Do pass.

Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:
Your Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1148. Do pass as amended. HB 1152. Do pass. HB 1153. Do pass by substitute. HB 1277. Do pass. HB 1289. Do pass. HB 1460. Do pass. HB 1536. Do pass. HB 1640. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:
Your Committee on Human Resources has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 652. Do pass as amended. HB 1404. Do pass. HB 1439. Do pass by substitute. HB 1448. Do pass by substitute. HB 1485. Do pass. HB 1666. Do pass as amended.

WEDNESDAY, FEBRUARY 27, 1980

2067

HR 514. Do pass as amended. HR 589. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 116. Do pass. HB 476. Do pass. HB 1112. Do pass. HB 1279. Do pass. HB 1433. Do pass. HB 1575. Do pass. HB 1607. Do not pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President:

Your Committee on Judiciary has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 486. 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 and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1764. Do pass as amended.

2068

JOURNAL OF THE SENATE,

HR 716. Do pass. Mr. President:

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Your Committee on Rules has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1679. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Mr. President:

Your Committee on Special Judiciary has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 471. Do pass. HB 1592. Do pass. HB 803. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman
The following bills and resolutions of the Senate and House were read the second time:

SR 349. By Senators Lester of the 23rd, Reynolds of the 48th, Gillis of the 20th and others:
A resolution creating the State Patrol Station Study Committee.

SR 364. By Senators Broun of the 46th, Allgood of the 22nd, Overby of the 49th and others:
A resolution creating the Senate No-Fault Insurance Study Committee.

HB 279. By Representatives Greer of the 43rd and Buck of the 95th:
A bill to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act" so as to provide for a declaration of purpose; to provide for a Board of Trustee and its members.

WEDNESDAY, FEBRUARY 27, 1980

2069

HB 610. By Representatives Collins of the 144th, Castleberry of the 111th, Burruss of the 21st and others:
A bill to amend Code Section 91A-2209, relating to taxation of railroad equipment companies, so as to provide for allocation and taxation of proper ty of such companies by local taxing jurisdictions.

HB 611. By Representatives Collins of the 144th, Castleberry of the 111 th, Burruss of the 21st and others:
A bill to amend Code Chapter 91A-22, relating to ad valorem taxation of public utilities, so as to limit the application of the term "railroad equip ment company" as used for certain purposes; to change certain provisions relating to taxation of rolling stock of certain railroad companies.

HB 616. By Representatives Castleberry of the 111th, Phillips of the 59th, Burruss of the 21 st and others:
A bill to create, provide, and require a comprehensive uniform, Statewide system for gathering information to be used as the basis for more uniform taxation of tangible personal property within this State; to amend Code Chapter 91 A-14, relating to the uniform property tax administration, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code.

HB 776. By Representatives Hatcher of the 131st, Marcus of the 26th, Collins of the 144th and others:
A bill to provide minimum procedures to assist local governments in fiscal matters; to provide a short title "Local Government Fiscal Accountability Assistance Act"; to specify findings and intent; to define certain terms; to re quire local governments to adopt annual budgets; to authorize the appoint ment of budget officers; to provide minimum uniform provisions and pro cedures for budget preparation by certain local governments.

HB 813. By Representative Marcus of the 26th:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to provide that an amount of money not exceeding fifteen percent (15 %) of the principal amount of a revenue anticipation certificate issue may be funded as a part of such issue and set aside from the proceeds of sale of such issue for the purpose of establishing a debt service reserve with respect to such issue.

HB 816. By Representative Daniel of the 88th:
A bill to amend an Act known as the "Used Car Dealers' Registration Act" so as to change provisions relating to certain exemptions from licensure; to remove certain provisions relating to wholesale used car dealer licenses.

2070

JOURNAL OF THE SENATE,

HB 873. By Representative Wood of the 9th:
A bill to amend an Act known as the "Gerogia Military Forces Reorganiza tion Act of 1955" so as to provide that members and commanders of the militia shall not be liable for any act done in the performance of their duty.

HB 894. By Representatives Dixon of the 151 st and Thompson of the 93rd:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to clarify the legislative intent; to prohibit practices which result in a nonuniform effect of the local beer tax.

HB 1035. By Representatives Nix of the 20th, Cooper and Kaley of the 19th and Housley of the 21st:
A bill to amend an Act regulating the preparation, contents and recording of maps and plats of surveys of tracts or bodies of land, site plans and con dominiums, so as to change the provisions relating to microfilming pro cedures.

HB 1036. By Representatives Nix of the 20th, Cooper and Kaley of the 19th and Housley of the 21st:
A bill relating to execution of instruments conveying interest in real proper ty, so as to provide for the execution of instruments releasing a security agreement.
HB 1115. By Representatives Snow of the 1st, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend Code Title 103, relating to suretyship, so as to abolish the distinction between contracts of suretyship and guaranty.

HB 1140. By Representatives Tolbert of the 56th, Williamson of the 45th, Johnson of the 72nd and others:
A bill to amend Code Section 91A-1328, relating to the duties of tax collec tors, so as to delete the population limitation of the provision making it un necessary to issue receipts for payment of any tax or license fee by certain in struments so that said provision shall apply within all counties of the State.

HB 1174. By Representatives Milford of the 13th, Mann and Clark of the 13th, and Russell of the 64th:
A bill to fix the terms of court of the superior courts of Clarke and Oconee counties of the Western Judicial Circuit.

HB 1178. By Representatives Clark of the 13th, Matthews of the 145th, Birdsong of the 103rd and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as

WEDNESDAY, FEBRUARY 27, 1980

2071

to change the provisions relating to minimum retirement benefits for previously retired persons; to provide that this Act shall become effective when funds are appropriated by the General Assembly to carry out its provi-

HB 1186. By Representatives Savage of the 25th, Rowland of the 119th, Wall of the 61st and Marcus of the 26th: A bill to amend Code Chapter 88-20, relating to eye banks, so as to provide for removal of eye tissue and corneal tissue from decedents.
HB 1188. By Representatives Cox of the 141st, Lord of the 105th, Mann of the 13th andRandallofthelOlst: A bill to amend Code Chapter 88-31, relating to regulation of ambulance services, so as to provide for certain contracts of the law enforcement agen cies of counties and municipalities for ambulance services provided to cer tain persons under criminal charges and in the custody of such agencies.
HB 1201. By Representatives Colbert of the 23rd, Felton of the 22nd, Auten of the 154th and others: A bill to provide that public low-rent housing projects shall not be developed, constructed, or acquired within a municipality or within the unincorporated area of a county unless a majority of the voters in the area affected thereby vote in favor of such low-rent housing project in an election held for such purposes.
HB 1214. By Representatives Greer of the 43rd, Lambert of the 112th, McKinney of the 35th and others: A bill to amend an Act establishing the Teachers' Retirement System, so as to provide for an increase in retirement benefits of public school teachers who retired pursuant to a county, municipal, or local board of education retirement or pension system.
HB 1217. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend Code Section 20-302, relating to the definition of considera tion, so as to change the definition of consideration.

HB 1220. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to repeal certain Acts of the General Assembly which provided for the payment of fees in divorce cases in the superior courts of certain counties of this s{ate.

2072

JOURNAL OF THE SENATE,

HB 1225. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Title 79A relating to pharmacists, pharmacy, and drugs, so as to provide for Pharmacy Board members to meet with Phar macy Boards from other states and obtain expenses for this purpose; to up date the dangerous drug list of 1980.

HB 1268. By Representatives Lambert of the 112th, Hatcher of the 131st, Harris of the 8th and others:
A bill to amend and provide appropriations for the fiscal year beginning July 1, 1980, and ending June 30, 1981.

HB 1280. By Representative Games of the 43rd:
A bill to amend Code Chapter 88-25, relating to habilitation of mentally retarded persons, so as to provide for admissions for respite care.

HB 1284. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide a definition of Public Airport Passenger Terminal.

HB 1291. By Representative Phillips of the 120th:
A bill to amend Code Chapter 85-10, relating to tenancies in common, so as to clarify the law relative to joint tenancy of shares and securities of cor porations and multiple party deposit accounts in financial institutions.

HB 1312. By Representative Collins of the 144th:
A bill to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to change the amount of interest due on taxes and other amounts due the state and local taxing jurisdictions and remaining unpaid; to provide the rate of interest to be paid upon redemption from sales for taxes.

HB 1315. By Representative Ware of the 68th:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to change the date by which certain licenses and certificates of authority must be renewed in each year; to authorize staggered deadlines for applica tion and payment of fees for renewals; to place certain limitations upon the issuance of temporary licenses.

HB 1352. By Representatives Mann, Clark and Milford of the 13th:
A bill to change the terms of court of the superior court in each of the five counties comprising the Northern Judicial Circuit.

WEDNESDAY, FEBRUARY 27, 1980

2073

HB 1435. By Representatives Russell of the 64th and Marcus of the 26th:
A bill to repeal Code Chapter 88-22, relating to the Advisory Council for Construction and Li censure of Hospitals.

HB 1441. By Representatives Buck of the 95th, Castleberry of the 111th and Vaughn of the 57th:
A bill to amend Code Chapter 56-13, relating to fees and taxes pursuant to the Georgia Inusrance Code, so as to place certain limitations on premium tax rates.

HB 1445. By Representatives Vandiford of the 53rd and Johnston of the 56th:
A bill to require certain business establishments which sell distilled spirits, wines, malt beverages, or alcoholic beverages of any kind to post a notice.

HB 1447. By Representatives Dean of the 29th, Daugherty of the 33rd, Thompson of the 93rd and others:
A bill to amend Code Section 23-1704, relating to bonds required of con tractors contracting with counties, so as to increase the minimum contract required to be bonded.

HB 1450. By Representative Randall of the 101st:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, so as to delete certain provisions relating to persons not meeting certain qualifications.

HB 1451. By Representatives Mann of the 13th and Cox of the 141st:
A bill to amend an Act regulating the occupation of cosmetology, so as to designate one board member as a consumer member and provide voting restrictions regarding such member.

HB 1458. By Representative Evans of the 84th:
A bill to amend Code Chapter 91A-60, relating to specific business and oc cupation taxes, so as to clarify the authority of cities to license and tax businesses, trades and professions licensed by the State.

HB 1479. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia State Financing and Invest ment Commission Act", so as to change certain provisions relating to pro ceeds and income earned by the commission.

2074

JOURNAL OF THE SENATE,

HB 1481. By Representatives Rowland of the 119th and Colemanof the 118th:
A bill to provide for one additional judge of the superior courts of the Dublin Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.

HB 1500. By Representatives Childs of the 51st, Collins of the 144th, Williamson of the 45th and others:
A bill to amend Code Chapter 56-13, relating to fees and taxes imposed upon insurance companies, so as to change the provisions relative to state preemption of the field of imposing taxes upon life insurance companies, their agents, and other representatives.

HB 1508. By Representatives Richardson of the 52nd, Hawkins of the 50th and Galer of the 97th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, so as to change the date on which the provi sions of the Act become effective.

HB 1510. By Representative Richardson of the 52nd:
A bill to amend an Act creating a Joint Advisory Board of Family Practice, so as to change the standards for certain training programs.

HB 1532. By Representative Murphy of the 18th:
A bill to clarify the investment authority of agencies, authorities, boards, public corporations, and other divisions of state government authorized to invest in certain obligations of the United States government in a certain manner.

HB 1539. By Representative Isakson of the 20th:
A bill to amend an Act creating a Metropolitan Area Planning and Develop ment Commission in each Standard Metropolitan Statistical Area of this state having a population of more than 1,000,000 according to the United States decennial census, so as to change the maximum per diem and the maximum annual compensation of the members of a Commission.

HB 1543. By Representatives Murphy of the 18th and Thompson of the 93rd:
A bill to amend an Act known as the "Statewide Probation Act", so as to change the mandatory review of persons on probated sentences of more than two years to a discretionary review.

HB 1561. By Representative Beck of the 148th: A bill to amend Code Section 41A-207 to limit borrowing by Department of

WEDNESDAY, FEBRUARY 27, 1980

2075

Banking and Finance personnel from subsidiaries of financial institutions and to expand the requirement that certain permitted undertakings be reported to the Attorney General.

HB 1617. By Representatives Lawson and Wood of the 9th, Twiggs of the 4th and others:
A bill to provide a salary for the two official court reporters of the North eastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases.

HB 1633. By Representatives Lane of the 81st, Nessmith of the 82nd, Karrh of the 106th and Chance of the 129th:
A bill to fix terms of the Superior Courts of the Ogeechee Judicial Circuit in the counties of the circuit.

HB 1686. By Representatives Burruss of the 21st, Wilson, Kaley and Cooper of the 19th and others:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for referenda requirements pertain ing to further participation by Cobb County in the Authority.

HB 1701. By Representatives Walker of the 115th, Lane of the 81st, Snow of the 1st and Colwell of the 4th:
A bill to provide for additional and alternative methods and powers for the institution and prosecution of criminal proceedings involving property of the Department of Transportation; to provide for the institution and pros ecution of certain criminal proceedings by the Attorney General.

HR 430. By Representatives Adams of the 36th, Isakson of the 20th, Birdsong of the 103rd 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 population of 600,000 or more, which is 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 shall be exempted from State, county, municipal and school taxation.

HR 472. By Representatives Robinson of the 58th, Mangum of the 56th, Vandiford of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to authorize any county or municipality of this State to establish an employees' sugges tions and awards program to reward meritorious service and to authorize such political subdivisions to expend public funds for such purposes.

2076

JOURNAL OF THE SENATE,

HR 494. By Representatives Clark of the 13th, Richardson of the 52nd, Birdsong of the 103rd and others:
A resolution creating the Services for the Aged Study Committee.

HR 563. By Representatives Childs of the 51st, Collins of the 144th, Williamson of the 45th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for forms of taxation only within the unincorporated areas of counties or for forms of taxation that distinguish between the unincorporated and incorporated areas of counties.

HR 574. By Representative Harris of the 8th:
A resolution to authorize the State of Georgia, acting by and through the State Properties Commission, to release and convey an easement in certain property to the Louisville & Nashville Railroad Company.

HR 666. By Representative Walker of the 115th:
A resolution requesting the Georgia National Guard to designate the Na tional Guard Armory located in Perry, Georgia, as "The General Courtney Hicks Hodges Armory".

HR 727. By Representative Pinkston of the 100th:
A resolution authorizing the conveyance of certain State-owned property located in the City of Macon, Bibb County, Georgia.

The following local, uncontested bills of the Senate and House favorably reported by the committee, were read the third time and put upon their passage:

SB 599. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, as amended, so as to change certain population brackets.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 27, 1980

2077

SB 600. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend Code Section 87 -201, relating to the manner in which elec tions shall be held by counties, municipalities, or divisions on the issuance of bonds, as amended, so as to change certain population brackets; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 601. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act amending Code Section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, as amended, so as to change certain population brackets and to provide that coroner's salary shall be provided for in another 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 602. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act providing a method of payment to superior court judges emeritus who are requested to serve in certain counties so as to change certain population brackets.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2078

JOURNAL OF THE SENATE,

SB 604. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act prohibiting, without county approval, the annexa tion of any unincorporated areas by any municipality in any county which provides certain services so as to change certain population figures.

The report 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 606. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th: A bill to amend an Act providing for a Board of Registrations and Elections in certain counties so as to change certain population brackets.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 607. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend Code Chapter 24-27, relating to clerks of the superior courts, as amended, so as to change certain population brackets.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 27, 1980

2079

SB 608. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act empowering certain counties and cities to adopt a "mapped streets plan", as amended, so as to change certain population brackets.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 609. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act providing for a maximum outside width for certain buses in counties of this state having a population of 256,000 or more ac cording to the most recent United States census, as amended, so as to change certain population brackets.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1320. 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 in cities having a population of more than 300,000 as disclosed by the United States census of 1920.

The report 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.

2080

JOURNAL OF THE SENATE,

HB 1424. By Representative Adams of the 36th:
A bill to amend an Act approved March 28, 1969, known as the "Develop ment Authorities Law", so as to provide for a per diem allowance for direc tors of development authorities in certain counties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1484. By Representative Bolster of the 30th:
A bill to amend an Act known as the "Urban Residential Finance Authorities Act for Large Municipalities", so as to change the provisions relative to purposes for the Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1501. By Representative Marcus of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change the cost deposit requirements and the cost charged by the clerk and marshal of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1503. By Representative Nichols of the 27th:
A bill to provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County.

WEDNESDAY, FEBRUARY 27, 1980

2081

% The report 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 1507. By Representative Beal of the 28th:
A bill to amend an Act creating a purchasing department in certain counties of this State, so as to change the procedures relative to emergency purchases; to change the provisions relative to purchases without competitive bids.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1517. By Representative Colbert of the 23rd:
A bill to amend an Act approved December 15, 1871, creating the City Court of Atlanta, as amended by an Act approved September 6, 1891, creating the Criminal Court of Atlanta, as amended, by an Act approved August 20, 1913, establishing the Municipal Court of the City of Atlanta, as amended by an Act approved July 31, 1925, establishing the Fulton Section of the Municipal Court of Atlanta.

The report 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 1551. By Representative Marcus of the 26th:
A bill to authorize the governing authorities of certain counties of this state to appropriate money for, and to make grants or contributions to any cor poration, association, institution or individual for purely charitable pur poses conducted within such county.

2082

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 1556. By Representative Lambert of the 112th:
A bill to amend the "Greene County Development Authority Act", so as to delete from said Act provisions relating to definitions of certain terms, pur poses of the authority, issuance of bonds by the authority, functions of the authority, contracts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons handling funds and public debt.

The report 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 1662. By Representative Chance of the 129th:
A bill to amend an Act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall consist of five commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1663. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary 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.

WEDNESDAY, FEBRUARY 27, 1980 On the passage of the bill, the yeas were 48, nays 0.

2083

The bill, having received the requisite constitutional majority, was passed.

HB 1682. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide that the governing body of Gwinnett County shall fix 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1689. By Representative Chance of the 129th:
A bill to provide for the election of the members of the board of education of Effingham 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 1690. By Representative Hanner of the 130th: A bill to create and establish a Small Claims Court in and for Clay 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.

2084

JOURNAL OF THE SENATE,

HB 1691. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1661. By Representative Chance of the 129th:
A bill to place the coroner of Eftingham County on a salary in lieu of the fee system of compensation.

The Senate Committee on Community Affairs offered the following substitute to HB 1661:

A BILL
To be entitled an Act to fix the compensation of the coroner of Effingham County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The coroner of Effingham County shall be compensated in the amount of $50.00 for summoning an inquest on a dead body and return ing an inquisition. Such compensation shall be paid out of the funds of Eff ingham County.
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 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.

WEDNESDAY, FEBRUARY 27, 1980

2085

HB 1685. By Representatives Moore of the 152nd, Moody of the 138th, Smith of the 152nd and Greene of the 138th:
A bill to provide a new charter for the City of Nahunta.

Senator Littlef ield of the 6th offered the following amendment:

Amend HB 1685 by striking from line 32 of Page 5 the following: "fifteen",
and substituting in lieu thereof the following: "99".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th

Foster Greene Hill Holloway Horton Howard Hudgins Hudson Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Ty singer Walker Wessels

2086

JOURNAL OF THE SENATE,

Those not answering were Senators:

Bond Bryant

Gillis

Summers (hospitalized)

Senator Stephens of the 36th introduced the chaplain of the day, Reverend Otis L. Blackshear, pastor of Mt. Pleasant Baptist Church, Atlanta, Georgia, who offered Scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 390. By Senators Greene of the 26th, Robinson of the 27th, Barker of the 18th and others:
A resolution commending the sheriff of Twiggs County, Honorable Earl Hamrick.

SR 382. By Senator Coverdell of the 40th: A resolution commending Container Corporation of America.

SR 383. By Senators Littlefield of the 6th, Scott of the 43rd, Bell of the 5th and others:
A resolution recognizing and commending George Cyril Jackson, Tani Croft, Scott Boren, Melinda Minor, Edward K. Bass and Don R. Weston.

SR 384. By Senator Timmons of the 11th: A resolution commending Mrs. A. D. Wilkerson.

SR 386. By Senators Foster of the 50th, Dean of the 31st, Bond of the 39th and others: A resolution commending Don Elliot Heald for his remarkable and note worthy broadcasting and civic career.
SR 388. By Senator Foster of the 50th: A resolution commending Curt Massey.

SR 389. By Senator Foster of the 50th: A resolution commending the Dahlonega-Lumpkin county Jaycees.

SR 391. By Senators Hudgins of the 15th and Carter of the 14th: A resolution commending the United States Olympic Hockey Team.

WEDNESDAY, FEBRUARY 27, 1980

2087

SR 393. By Senator Reynolds of the 48th:
A resolution commending George Flanagan. SENATE RULES CALENDAR
Wednesday, February 27, 1980
THIRTY-FOURTH LEGISLATIVE DAY SR 353. Juvenile Justice Study Committee--create (Judy--6th)
SR 358. Joint Child Abuse Study Committee--create (Judy--46th)
SR 352. Lake Sidney Lanier Study Committee--create (AMENDMENT) (Rules--50th)
HR 576. State Properties Commission--conveyance of property in Henry County (Pub U-- 17th)
HB 1554. Act Establishing Farmers Markets--disciplinary actions by Com missioner of Agriculture (Ag--24th)
HR 79. Twin Towers--western edifice "War Veterans Memorial Building" (D&VA-lOth)
HB 791. Certified Insurance Counselor--licensure (SUBSTITUTE) (BF&I--40th)
HR 573. W.B. Smith Memorial Bridge--designating (Trns--20th)
HB 1145. Ben Hill, Crisp, Dooly, Wilcox Counties Superior Courts--new terms (Judy--49th)
HB 180. Uniform Commercial Code--Secured Transactions--changes (Judy--2nd)
HB 1249. Campaign and Financial Disclosure Act--certain contributions be disclosed (AMENDMENT) (S Judy--37th)
HB 1182. Mechanics' Liens--time period claims must be filed (AMENDMENT) (S Judy--33rd)
HB 1088. Sunshine Law--require recorded votes (Rules--34th)
HB 629. Board for Certification of Librarians--renewal fees (Ed-- 1 1 th)
HB 1294. Fees Collected by Child Support Receiver--assessment and collection (Judy--2nd)
HB 1287. Pesticides--certification of aerial applicators (Ag--24th)
HB 1113. Justice Courts Training Council Act--redefine "justice of peace" (Judy--26th)
HB 42. Mobile Home Location Decal--penalty for failure to display (SUBSTITUTE) (BF&I-8th)
HB 1449. Board of Nursing Homes--manner of appointing members (Gov Op--25th)
HB 1499. Forestry Commission--purchase seedlings for resale to forest owners (NREQ--20th)

2088

JOURNAL OF THE SENATE,

HB 1281. Campaign and Financial Disclosure Act--change certain reporting requirements (Rules--25th)
HR 614. International Cultural Center--recognition and endorsement (IL&Tou-50th)
HB 1340. State Depositories of State Funds- certain building and loan associations (BF&I--33rd)
HB 1432. Department of Natural Resources-abolish "State Park Fund" (AMENDMENT) (NREQ-20th)
HR 682. Bridge in Stewart County--Stonewall Jackson Patterson Memorial Bridge (Trns--llth)
HB 390. Determination of Paternity--provide civil procedure (SUBSTITUTE) (Judy--6th)
HB 619. Cities, Counties--installment payments of ad valorem tax certain years (SUBSTITUTE) (BF&I-23rd)
HB 1191. Board of Registration for Used Motor Vehicle Parts Dealers--continue until 7/1/82 (SUBSTITUTE) (Gov Op-25th)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general resolutions of the Senate and House and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 353. By Senators Littlef ield of the 6th and Johnson of the 34th: A resolution creating the Juvenile Justice Study Committee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th

Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge

Evans Fincher of 52nd Foster Gillis Greene Horton Howard

WEDNESDAY, FEBRUARY 27, 1980

2089

Hudgins Hudson Johnson Kennedy Kidd Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Starr

Those not voting were Senators:

Bond English Fincher of 54th

Hill Holloway Land

Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels
Stephens Summers Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 358. By Senator Broun of the 46th: A resolution creating the Joint Child Abuse Study Committee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter
Cobb Coverdell
Eldridge English
Evans Fincher of 52nd

Foster Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land
Langford Lester
Littlefield McGill
Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton Tate
Thompson Turner
Tysinger Walker
Wessels

2090

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Dean Fincher of 54th

Hill Holloway Johnson

Stephens Summers Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 352. By Senator Foster of the 50th: A resolution creating the Lake Sidney Lanier Study Committee.

The Senate Committee on Rules offered the following amendment:

Amend SR 352 by striking on Page 2, lines 3, 4, and 5 the following:
"the Senators from the forty-eighth, forty-ninth, fiftieth, and fiftyfirst senatorial districts", and inserting in lieu thereof the following:
"five Senators appointed by the President of the Senate".

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 adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond BraTitley Broun of 46th Brown of 47th

Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 54th

Foster Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy

WEDNESDAY, FEBRUARY 27, 1980

Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Russell Scott Starr Stephens Stumbaugh

Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 52nd Hill

Holloway Robinson

Summers Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

2091

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 576. By Representatives Colwell of the 4th, Jones of the 126th and Johnson of the 72nd:
A resolution authorizing the conveyance by the State of Georgia acting by and through the State Properties Commission, of certain State-owned real property located in Henry County.
Senate Sponsor: Senator Horton of the 17th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb

Coverdell Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton

Howard Hudgins Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

2092

JOURNAL OF THE SENATE,

Reynolds Riley Robinson Russell Scott

Starr Stumbaugh Sutton Thompson Timmons

Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway

Stephens

Tate

Langford

Summers

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1554. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets, so as to provide for prohibition of unlawful acts and for disciplinary actions by the Commissioner of Agriculture with regard to activities regulated under said 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 Barker Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Foster Gillis Hill Horton Howard Hudson Johnson Kennedy Kidd Land Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Stumbaugh Sutton Thompson Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 27, 1980

Those not voting were Senators:

Barnes Fincher of 54th Greene

Holloway Hudgins Langford

Summers Tate Timmons

On the passage of the bill, the yeas were 46, nays 0.

2093

The bill, having received the requisite constitutional majority, was passed.

Senator Hill of the 29th introduced the doctor of the day, Dr. Hilt Hammett, of LaGrange, Georgia.

The following general resolutions and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 79. By Representatives Wood of the 9th, Hays of the 1st, Bargeron of the 83rd and others:
A resolution designating the western edifice of the "Twin Towers" as the "War Veterans Memorial Building".
Senate Sponsor: Senator Russell of the 10th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard
Barker Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson Kennedy Kidd Langford Lester Littlefield

McGill Overby Paulk Reynolds Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker

2094

JOURNAL OF THE SENATE,

Voting in the negative were Senators Riley and Wessels.

Those not voting were Senators:

Bond Broun of 46th Hudgins

Land Robinson

Stephens Summers

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

HB 791. By Representatives Ware of the 68th, Johnson of the 72nd, Jones of the 126th and others:
A bill to amend Code Section 56-806b, relating to examination of applicants for certain licenses, so as to change the provisions relating to exemptions from the provisions of said Section; to provide that such Sections shall not apply to and no such examination shall be required of certain applicants.
Senate Sponsor: Senator Coverdell of the 40th.

The Senate Committee on Banking, Finance, and Insurance offered the following substitute to HB 791:

A BILL
To be entitled an Act to amend Code Title 56, known as the Georgia In surance Code, as amended, so as to change the provisions relating to exemp tions from the provisions of said section; to provide that such sections shall not apply to and no such examination shall be required of certain ap plicants; to change certain designations; to provide for the registration of foreign insurance representatives by domestic life insurers; 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, as amended, is hereby amended by redesignating paragraph (g) of subsection (3) of Code Section 56-806b, relating to examination of applicants for cer tain licenses, as paragraph (h) of subsection (3) and by adding following paragraph (f) of subsection (3) a new paragraph (g) to read as follows:
"(g) Any applicant for a license as a counselor who shall furnish to the satisfaction of the commissioner proof that he has successfully com pleted all examinations prescribed by and has received the designation of Certified Insurance Counselor as awarded by the Society of Certified In surance Counselors."

WEDNESDAY, FEBRUARY 27, 1980

2095

Section 2. Said Code title is further amended by adding a new Code section immediately following Code Section 56-819a, to be designated Code Section 56-820a, relating to the registration of foreign insurance represen tatives of domestic life insurers, to read as follows:
"56-820a. Registration of foreign insurance representatives of domestic life insurers. A natural person, not a resident of this state, may be registered to represent an authorized life insurer domiciled in this state provided such person only represents such insurer exclusively at a United States military installation located in a foreign country. The Commis sioner may, upon request of such insurer on application forms furnished by the Insurance Department and upon payment of an annual registra tion fee of $25.00, issue a certificate of registration to such person. An of ficial of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself out as a foreign life or accident and sickness insurance representative and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the act of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless sooner terminated in accordance with the provisions of this chapter and of Chapter 56-2."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Bryant Carter Cobb Coverdell Dean
Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Johnson
Kennedy

Kidd Land Langford Lester Littlefield McGill Overby Paulk Reynolds Riley Russell Scott Starr
Stumbaugh

2096

JOURNAL OF THE SENATE,

Sutton Tate Thompson

Timmons Turner Tysinger

Those not voting were Senators:

Broun of 46th Hudgins

Robinson Stephens

On the passage of the bill, the yeas were 50, nays 0.

Walker Wessels
Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 573. By Representative Lord of the 105th:
A resolution designating a certain bridge as the W. B. Smith Memorial Bridge.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Lester McGill Overby Paulk

Reynolds Riley Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 27, 1980

Those not voting were Senators:

Allgood Broun of 46th
Bryant Evans

Hudgins Hudson
Johnson Langford

Littlefield Robinson
Stephens Summers

On the adoption of the resolution, the yeas were 43, nays 0.

2097

The resolution, having received the requisite constitutional majority, was adopted.

HB 180. By Representatives Karrh of the 106th, Walker of the 115th, Hatcher of the 131st and Savage of the 25th:
A bill to amend Code Chapter 109A-1 (Revised), relating to secured transac tions, sales of accounts and chattel paper, and known as the "Uniform Com mercial Code - Secured Transactions", so as to correct the designation of the Chapter number; to provide for the time at which a security interest is perfected.
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:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter
Cobb Coverdell
Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Kennedy
Kidd Land
Langford Lester Littlefield

McGill Overby Paulk Riley Russell Scott Stumbaugh Sutton Tate Thompson
Timmons Turner
Tysinger Walker Wessels

2098

JOURNAL OF THE SENATE,

Those not voting were Senators:

Allgood Hudgins Hudspn

Johnson Reynolds Robinson

Starr Stephens Summers

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1249. By Representatives Pilewicz of the 41st and Holmes of the 39th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act", so as to provide that certain campaign contributions and expenditures be disclosed to the public.
Senate Sponsor: Senator Evans of the 37th:

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 1249 on Page 8, lines 32 and 33 by striking the words "names and addresses of the principal officers" and inserting in lieu thereof the following:
"name and title of the principal officer".
Senator Langford of the 51 st moved that HB 1249 be committed to the Committee on Governmental Operations.

Senator Scott of the 43rd moved that HB 1249 be postponed until February 28.

The President ruled that the motion to postpone takes precedence.

On the motion of Senator Scott of the 43rd, the yeas were 42, nays 2, and HB 1249 was postponed until February 28.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HB 1182. By Representative Swann of the 90th:
A bill to amend Code Section 67-2003, relating to mechanics' liens on cer tain personal property, so as to change the period of time within which cer tain claims of lien must be filed for record.
Senate Sponsor: Senator Barnes of the 33rd.

WEDNESDAY, FEBRUARY 27, 1980

2099

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 1182 by striking from Page 1, line 3, the word "certain", and
By adding on Page 1, line 4, after the word "lien" the following: "on aircraft".
On the adoption of the amendment, the yeas were 31, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester Littlefield McGill Overby

Those not voting were Senators:

Ballard Brantley Fincher of 52nd Hill

Holloway (presiding) Land Langford Starr

On the passage of the bill, the yeas were 44, nays 0.

Paulk Reynolds Riley Robinson Russell Scott Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels
Stephens Summers Timmons

The bill, having received the requisite constitutional majority, was passed as amended.

2100

JOURNAL OF THE SENATE,

HB 1088. By Representatives Lane of the 40th, Carnes of the 43rd, Smith of the 42nd and Adams of the 36th:
A bill to amend an Act providing that all meetings of any State Department, agency, board, 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 educa tion, 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 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge Evans

Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Johnson Kennedy Kidd Land Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Stephens Stumbaugh Sutton Tate Thompson Turner Ty singer Walker Wessels

Those not voting were Senators:

English Fincher of 52nd Hill

Holloway (presiding) Hudson Littlefield

Starr Summers Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 27, 1980

2101

HB 629. By Representative Phillips of the 120th:
A bill to amend an Act establishing a State Board for the Certification of Librarians so as to provide for renewal fees; to provide for duplicate cer tificates; to provide for duplicate certificate fees.
Senate Sponsor: Senator Timmons of the 11 th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant Cobb Coverdell Dean Eldridge Evans Fincher of 54th

Foster Gillis Greene Horton
Howard Hudgins Johnson Kennedy Kidd Land Langford Lester Littlefield McGill Overby Paulk

Reynolds Riley Russell Scott
Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Carter English Fincher of 52nd

Hill Holloway (presiding) Hudson

On the passage of the bill, the yeas were 47, nays 0.

Robinson Summers

The bill, having received the requisite constitutional majority, was passed.

HB 1294. By Representative Carnes of the 43rd:
A bill to amend Code Section 24-2703a, relating to fees collected by the child support receiver, so as to provide for the assessment and collection of fees.
Senate Sponsor: Senator Wessels of the 2nd.

2102

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 Barker Barnes
Bell Bond Brantley
Broun of 46th Brown of 47th Bryant Carter
Cobb Coverdell Eldridge English

Evans
Fincher of 54th Foster Gillis
Greene Horton Howard
Hudgins Kennedy Kidd Land
Lester Littlefield McGill Overby

Paulk
Reynolds Riley Scott
Starr Stephens Stumbaugh
Sutton Tate Thompson Turner
Tysinger Walker Wessels

Those not voting were Senators:

Dean Fincher of 52nd
Hill Holloway (presiding)

Hudson Johnson
Langford Robinson

Russell Summers Timmons

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1287. By Representatives Reaves of the 147th, Nessmith of the 82nd and Collins of the 144th: A bill to amend an Act entitled the "Georgia Pesticide Use and Application Act of 1976," so as to require the certification of all aerial applicators; to change the license period for certified commercial pesticide applicators from one year to five years and to change the fee for such license from $ 10.00 per year to $25.00 for five years. Senate Sponsor: Senator McGill of the 24th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 27, 1980

2103

On the 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 Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill Overby

Paulk Reynolds Riley Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Robinson.

Those not voting were Senators:

Broun of 46th Bryant Holloway (presiding)

Hudson Johnson Land

On the passage of the bill, the yeas were 45, nays 1.

Langford Russell Summers

The bill, having received the requisite constitutional majority, was passed.

HB 42. By Representative Beck of the 148th:
A bill providing procedures for the return of mobile homes for taxation so as to provide a penalty for the failure to display a mobile home location decal; to amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code" so as to provide a penalty for the failure to display a mobile home location decal.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Banking, Finance, and Insurance offered the following substitute to HB 42:
A BILL
To be entitled an Act to amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code," so as to provide a penalty for the

2104

JOURNAL OF THE SENATE,
failure to display a mobile home location decal; 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 91A-99, relating to crimes under the "Georgia Public Revenue Code," is hereby amended by adding at the end thereof a new Code Section 91A-9945 to read as follows:
"91A-9945. Mobile home decal; penalty for failure to display, (a) It shall be unlawful to fail to attach and display on a mobile home the decal as required in Section 91 A-1924.
(b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punish ed by a fine of not less than $25.00 or more than $200.00 except that, upon receipt of proof of purchase of a decal prior to the date of the is suance of the summons, the fine shall be $25.00."
Section 2. This Act shall become effective January 1, 1981.
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 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 Barker Barnes Bell Brantley Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy
Kidd Land Langford Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Russell Scott Sutton Tare Thompson
Timmons Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 27, 1980

2105

Those voting in the negative were Senators:

Ballard

Stephens

Stumbaugh

Those not voting were Senators:

Bond Holloway (presiding)

Hudson Starr

Summers

On the passage of the bill, the yeas were 47, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1449. By Representative Smith of the 152nd:
A bill to amend an Act creating the State Board of Nursing Homes, so as to change the manner of appointing the members of the board; to continue the board and the laws relating thereto but provide for the later termination of the board and the repeal of the laws relating thereto.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

2106

JOURNAL OF THE SENATE,

Those not voting were Senators:

Holloway (presiding) Hudson

Land Langford

On the passage of the bill, the yeas were 49, nays 0.

Stephens Summers

The bill, having received the requisite constitutional majority, was passed.

HB 1499. By Representative Phillips of the 120th:
A bill to amend an Act which superseded, with stated exceptions, all previous laws of this State relating to the organization, powers, and duties of the Forestry Commission, so as to authorize and empower the State Forestry Commission to contract for and purchase seedlings for resale to Georgia forest owners.
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 Barker Barnes Bell Bond Brantley Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd
Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Langford Lester Littlefield McGill Overby

Paulk Reynolds Riley Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Stumbaugh.

WEDNESDAY, FEBRUARY 27, 1980

Those not voting were Senators:

Broun of 46th Fincher of 54th

Holloway (presiding) Hudson

Land Summers

2107

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1281. By Representatives Williamson of the 45th, Home of the 104th, Bray of the 70th and others:
A bill to amend the Campaign and Financial Disclosure Act, so as to change certain reporting requirements.
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 Barnes Broun of 46th Brown of 47th Bryant Eldridge English Fincher of 54th Gillis

Greene Hill Horton Hudgins Kennedy Kidd Langford McGill Overby

Those voting in the negative were Senators:

Ballard Barker Bell Bond Brantley Carter
Cobb Coverdell Dean

Evans Fincher of 52nd Foster Howard Hudson Johnson
Lester Littlefield

Reynolds Riley Russell Scott Stephens Tate Timmons Walker Wessels
Paulk Robinson Starr Stumbaugh Sutton Thompson Turner Tysinger

2108

JOURNAL OF THE SENATE,

Those not voting were Senators:

Holloway (presiding)

Land

On the passage of the bill, the yeas were 27, nays 25.

Summers

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 1281.
HR 614. By Representatives Russell of the 64th, Smyre of the 92nd, Marcus of the 26th and others: A resolution providing for recognition and endorsement of the International Cultural Center, ICC Working Model and nonpolitical Global Plenipoten tiary Conference on Interim Arrangements for an International Cultural Center System. Senate Sponsor: Senator Foster of the 50th.
Senator Hill of the 29th moved that HR 614 be committed to the Committee on In dustry, Labor and Tourism.

On the motion, the yeas were 31, nays 1; the motion prevailed, and HR 614 was committed to the Committee on Industry, Labor and Tourism.

HB 1340. By Representatives Hasty of the 8th, Rainey of the 135th, Peters of the 2nd and others:
A bill to amend Code Section 100-101, relating to the State Depository Board, so as to authorize the board to appoint as state depositories of state funds any building and loan association or federal or state savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation.
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:

WEDNESDAY, FEBRUARY 27, 1980

2109

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brantley Brown of 47th Bryant Carter Cobb Dean Eldridge English Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Howard Johnson Kennedy Kidd Langford Lester McGill Overby p au lk Reynolds

Riley Russell Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Coverdell Evans

Holloway (presiding) Horton Hudgins Hudson

Land Littlefield Robinson Summers

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1432. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th:
A bill to amend an Act creating a Department of Natural Resources, so as to abolish the "State Park Fund" and repeal the provisions relating thereto.
Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following amendment:

Amend HB 1432 by adding in line 5 on Page 1 after the word and semicolon "purposes;" and before the word "to" the following:
"to provide for the disposition of miscellaneous funds obtained by the Department from the operation of its park, historic and recreational facilities; to provide an effective date;"
By striking the period following the word "repealed" in line 15 on Page 1 and inserting in lieu thereof the following:

2110

JOURNAL OF THE SENATE,
"and that in lieu thereof provision should be made for the disposition of certain miscellaneous funds obtained from the operation of parks, historic and recreational facilities."
By striking the period after the word "entirety" in line 8 on Page 2 and inserting in lieu thereof the following:
"an substituting in lieu thereof the following;
'Notwithstanding any other provision of law, the Department is hereby authorized to retain all miscellaneous funds generated by the operation of its park, historic and recreational sites and facilities for use in the operation and maintenance of said sites and facilities. Any such funds not expended for said purpose in the fiscal year in which they are generated shall be deposited in the State Treasury. Provided, however, nothing in this Section shall be construed so as to allow the Department to retain any funds required by the Constitution to be paid into the State Treasury. Provided, further, that the Department shall comply with all provisions of the Budget Act (Ga. Laws 1962, p. 17 et seq.), as amended, efuxncedpst.'"Code Section 40-423, prior to expending any such miscellaneous
By inserting between Sections 2 and 3 on page 2 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."
RB^y/ ir*efnnuiimmrbKerriinnrgr ^Soerc>tHinorn 3*^ aPCs XS*earc>tfi"oir\nn 44.

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson

Kennedy Kidd Land Lester Littlefield McGill Overby Paulk

WEDNESDAY, FEBRUARY 27, 1980

Reynolds Riley Robinson Russell Scott Starr Stumbaugh Sutton

Tate Thompson Timmons Turner Tysinger Walker Wessels

2111

Those not voting were Senators:

Holloway (presiding) Hudgins

Langford Stephens

Summers

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 682. By Representatives Castleberry of the 1 1 1th and Edwards of the 1 10th: A resolution authorizing and directing the State Department of Transporta tion to designate a bridge in Stewart County, Georgia, as the Stonewall Jackson Patterson Memorial Bridge. Senate Sponsor: Senator Timmons of the 1 1 th.
The report of the committee, which was favorable to the adoption of the resolu tion, 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 Barker Barnes Bell Bond Brantley Brown of 47th Carter Cobb
Coverdell Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton
Hudson Johnson Kennedy

Kidd Land Lester Littlefield McGill Overby Paulk Reynolds Riley
Robinson Russell Starr

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JOURNAL OF THE SENATE,

Stephens Stumbaugh Sutton Tate

Thompson Timmons Turner

Those not voting were Senators:

Ballard Broun of 46th Bryant

Holloway (presiding) Howard Hudgins

Tysinger Walker Wessels
Langford Scott Summers

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 390. By Representative Snow of the 1st:
A bill to provide a civil procedure for the determination of paternity; to pro vide the jurisdiction of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who may bring such actions; to provide that the child shall be made a party to such actions.
Senate Sponsor: Senator Littlefield of the 6th.
The Senate Committee on Judiciary offered the f ollwing substitute to HB 390:
A BILL
To be entitled an Act to amend Code Title 74, relating to parent and child, as amended, so as to enact a new Code Chapter 74-3; to provide a civil procedure for the determination of paternity; to provide the jurisdic tion of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who may bring such actions; to provide that the child shall be made a party to such actions; to provide for pretrial proceedings; to require blood tests in disputed paternity actions; to provide for evidence to be presented at trial; to provide that such actions shall be civil in nature; to provide for settlement; to provide for a decree of paternity; to establish the effect of a decree of paternity; to provide for pay ment of costs; to provide for an order of support; to provide for enforcement of the duty of support; to provide all hearings may be confidential; to amend Code Chapter 74-99, relating to crimes involving parent and child, so as to change provisions relative to blood tests in abandonment cases; to provide for other matters relative to the foregoing; to state legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 27, 1980

2113

Section 1. Code Title 74, relating to parent and child, as amended, is hereby amended by adding a new Code Chapter 74-3 to read as follows:
"CHAPTER 74-3
Determination of Paternity
74-301. Jurisdiction. The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law.
74-302. Service outside state, (a) In a proceeding under this chapter, the court, pursuant to the 'Georgia Civil Practice Act,' may order service upon a person outside the state upon a finding that there is a constitu tionally permissible basis for jurisdiction over such person arising out of the fact that the child was conceived as a result of an act of sexual inter course within this state while either parent was a resident of this state and the person on whom service is required is the alleged father of the child.
74-303. Venue. The suit shall be brought in the county where the alleged father resides; except that if the alleged father is not a resident of this state, the suit shall be brought where the child resides.
74-304. Petition, (a) A petition to establish the paternity of a child may be brought by:
(1) The child;
(2) The mother of the child; or
(3) Any relative in whose care the child has been placed; or
(4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child.
(5) One who is alleged to be the father.
(b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this chapter, between an alleg ed or presumed father and the mother or child does not bar a petition under this section.
(c) If a petition under this chapter is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process, discovery, and the taking of depositions.
74-305. Parties, (a) The child shall be made a party to the action. If he is a minor, he shall be represented by a guardian ad litem appointed by the court. Neither the child's mother or alleged or presumed father may represent the child as guardian ad litem.

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(b) The natural mother shall be made a party or if not subject to the jurisdiction of the court shall be given notice in a manner prescribed by the court and an opportunity to be heard.
74-306. Pretrial proceedings. As soon as practicable after an action has been brought the court upon motion of the plaintiff, the defendant, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human leucocyte antigen (HLA) testing if available, which have been developed or established for purposes of disproving or proving parentage and which are reasonably accessible. If the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. The court may, upon motion by a party, order that independent test be per formed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. An order issued under this subsection is enforceable by contempt; except that if the petitioner refuses to submit to an order for a blood test, the court upon motion of the defendant may dismiss the suit.
74-307. Evidence at trial, (a) Results of medical tests ordered by the court are admissible as other expert testimony.
(b) Evidence of a refusal to submit to a blood test or other ordered medical or anthropological test is admissible to,show that the alleged father is not precluded from being the father of the child.
(c) An expert's opinion concerning the time of conception is ad missible as other expert testimony.
(d) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence.
(e) Other relevant evidence shall be admitted as is appropriate.
74-308. Civil action. Any proceeding brought under this chapter is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be com pelled to appear and testify.
74-309. Settlement. The child must be a party to a settlement agree ment with the alleged father. The court must approve-any settlement agreement, dismissal, or nonsuit.
74-310. Decree; jury, (a) On a finding that the alleged father is the father of the child, the court shall issue an order designating the alleged father as the father of the child. The sole effect of such order shall be to establish the duty of the father to support the child.
(b) On a finding that the alleged father is not the father of the child, the court shall issue an order declaring this finding.

WEDNESDAY, FEBRUARY 27, 1980

2115

(c) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsis tent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the jury shall be in structed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent.
74-311. Costs. The court may order reasonable fees of counsel, ex perts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court.
74-312. Order of support, (a) The decree or order may contain any other provision concerning the duty to support by periodic or lump sum payments, visitation privileges with the child, or any other matter in the best interest of the child.
74-313. Enforcement and modification of orders, (a) The court may order support payments made to the mother, the child support receiver, or the clerk of court; except in those cases where the action has been brought by the Department of Human Resources on behalf of a child, the support payment shall be made to the Department of Human Resources for distribution or to the child support receiver if the Department of Human Resources so requests.
(b) The same remedies and procedure shall apply for enforcement and modification of visitation and support orders as apply to enforce ment and modification of such orders arising from divorce proceedings.
74-314. Confidentiality of hearings. Upon motion of any party, any hearing or trial held under this chapter may be held in closed court without admittance of any person other than those necessary to the ac tion or proceeding."
Section 2. Code Chapter 74-99, relating to crimes involving parent and child, is hereby amended by striking in its entirety Section 74-9902 and in serting in its place a new section to read as follows:
"74-9902. Abandonment of child, (a) If any father or mother shall willfuly and voluntarily abandon his or her child, either legitimate or il legitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor: Provided, however, if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condi tion, and shall leave this State, or if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or il legitimate, leaving it in a dependent condition, after leaving this State, he or she, as the case may be, shall be guilty of a felony and shall, upon con viction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or

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against the other. The mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child. A child thus abandoned by the father or mother shall be considered to be in a dependent condi tion when the father or mother charged with the offense does not furnish sufficient food, clothing or shelter for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing of fense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to ap pear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution.
(b) Provided, however, that any person, upon conviction of the third offense for violating the provisions of this section, shall be guilty of a felony and shall, upon conviction thereof, be imprisoned in the penitentiary for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor by any judge presiding at the trial as provided in section 27-2501.
(c) Provided, however, if during the trial of any person charged with the offense defined in this section, such person contends that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall charge the jury that if its verdict is for the acquittal of such person, and that its reason for so finding is that such person is not the father or mother of the child alleged to have been abandoned, that its verdict shall so state, or if the person charged with the offense defined in this section is tried before the court without the in tervention of the jury and the court renders a verdict of acquittal based oh the contention of such person that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. In the event the verdict of the jury or the court shall be for acquittal of such per son, and its reason for so doing is that such person is not the father or mother of the child alleged to have been abandoned, such person cannot thereafter again be tried for the offense of abandoning said child, and said verdict shall be a bar to all civil and criminal proceedings attemp ting to compel such person to support said child.
(d) In prosecutions under this section, when the child is illegitimate, and the accused father is convicted, the accused father shall be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child.
(e) The accused father and the mother of the illegitimate child may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until such child reaches age 18 years, marries or becomes self-supporting; provided, however, such agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try pending cause.
(f) Upon the trial of the accused father under this section, it shall be no defense that the accused father has never supported the child.

WEDNESDAY, FEBRUARY 27, 1980

2117

(g) In prosecutions under this section, when the child is illegitimate, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest war rant, but if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled.
(h) In the trial of any abandonment proceeding in which the question of parentage arises, regardless of any presumptions with respect to parentage, the court before which the matter may be brought, upon pretrial motion of the state or the defendant, shall order that the alleged parent, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged parent, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admit ted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a motion and the entry of an order under the provisions of this subsection, the court shall proceed as follows:

(1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsis tent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the jury shall be in structed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent.
(2) The court shall require the state or defendant, as the case may be, requesting the blood tests and comparisons pursuant to this sub section to be initially responsible for any of the expenses thereof. Upon the entry of a verdict incorporating a finding of parentage or nonparentage, the court shall tax the expenses for blood tests and comparisons, in addition to any fees for expert witnesses whose testimonies supported the admissibility thereof, as costs."
Section 3. The provisions of this Act and the remedy provided herein are intended to be in addition to and cumulative of all other existing laws related to paternity, child support, or other subjects covered herein; and this Act shall not be construed to limit the operation of or repeal any such ex isting law.
Section 4. All laws and part of laws in conflict with this Act are hereby repealed.

On the adoption of the committee substitute, the yeas were 5, nays 35, and the subsitute was lost.

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JOURNAL OF THE SENATE,

Senator Littlefield of the 6th offered the following substitute to HB 390:

A BILL
To be entitled an Act to amend Code Title 74, relating to parent and child, as amended, so as to enact a new Code Chapter 74-3; to provide a civil procedure for the determination of paternity; to provide the jurisdic tion of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who may bring such actions; to provide that the child shall be made a party to such actions; to provide for pretrial proceedings; to provide for blood tests in disputed paternity actions; to provide for evidence to be presented at trial; to provide that such actions shall be civil in nature; to provide for settlement; to provide for a decree of paternity; to establish the effect of a decree of paterntiy; to provide for pay ment of costs; to provide for an order of support; to provide for enforcement of the duty of support; to provide all hearings may be confidential; to amend Code Chapter 74-99, relating to crimes involving parent and child, so as to change provisions relative to blood tests in abandonment cases; to provide for other matters relative to the foregoing; to state legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 74, relating to parent and child, as amended, is hereby amended by adding a new Code Chapter 74-3 to read as follows:
"CHAPTER 74-3
Determination of Paternity
74-301. Jurisdiction. The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law.
74-302. Service outside state, (a) In a proceeding under this chapter, the court, pursuant to the 'Georgia Civil Practice Act,' may order service upon a person outside the state upon finding that there is a consitutionally permissible basis for jurisdiction over such person arising out of the fact that the child was conceived as a result of an act of sexual inter course within this state while either parent was a resident of this state and the person on whom service is required is the alleged father of the child.
74-303. Venue. The suit shall be brought in the county where the alleged father resides; except that if the alleged father is not a resident of this state, the suit shall be brought where the child resides.
74-304. Petition, (a) A petition to establish the paternity of a child may be brought by:
(1) The child;

WEDNESDAY, FEBRUARY 27, 1980

2119

(2) The mother of the child; (3) Any relative in whose care the child has been placed;

(4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or
(5) One who is alleged to be the father.
(b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this chapter, between an alleg ed or presumed father and the mother or child does not bar a petition under this section.
(c) If a petition under this chapter is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process, discovery, and the taking of depositions.
74-305. Parties, (a) The child shall be made a party to the action. If he is a minor, he shall be represented by a guardian ad litem appointed by the court. Neither the child's mother or alleged or presumed father may represent the child as guardian ad litem.
(b) The natural mother shall be made a party of if not subject to the jurisdiction of the court shall be given notice in a manner prescribed by the court and an opportunity to be heard.
74-306. Pretrial proceedings. As soon as practicable after an action has been brought the court upon motion of the plaintiff, the defendant, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human leucocyte antigen (HLA) testing if available, which have been developed or established for purposes of disproving or proving parentage and which are reasonably accessible. If the court orders such blood tests and if the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. The court may upon motion by a party, order that independent tests be performed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. An order issued under this subsection is enforceable by contempt; except that if the petitioner refuses to submit to an order for a blood test, the court upon motion of the defendant may dismiss the suit.
74-307. Evidence at trial, (a) Results of medical tests ordered by the court are admissible as other expert testimony.
(b) Evidence of a refusal to submit to a blood test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.

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(c) An expert's opinion concerning the time of conception is admissi ble as other expert testimony.
(d) Testimony relating to sexual access to the mother by any person on or about the probable time of concepti< -n of the child is admissible in evidence.
(e) Other relevant evidence shall be admitted as is appropriate.
74-308. Civil action. Any proceeding brought under this chapter is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compell ed to appear and testify.
74-309. Settlement. The child must be a party to a settlement agree ment with the alleged father. The court must approve any settlement agreement, dismissal, or nonsuit.
74-310. Decree; jury, (a) On a finding that the alleged father is the father of the child, the court shall issue an order designating the alleged father as the father of the child. The sole effect of such order shall be to establish the duty of the father to support the child.
(b) On finding that the alleged father is not the father of the child, the court shall issue an order declaring this finding.
(cj Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsis tent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the jury shall be in structed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent.
74-311. Costs. The court may order reasonable fees of counsel, ex perts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court.
74-312. Order of support, (a) The decree or order may contain any other provision concerning the duty to support by periodic or lump sum payments, visitation privileges with the child, or any other matter in the best interest of the child.
74-313. Enforcement and modification of orders, (a) The court may order support payments made to the mother or other interested party, the child support receiver, district attorney, probation officer, or the clerk of court; except in those cases where the action has been brought by the Department of Human Resources on behalf of a child, the support pay ment shall be made to the Department of Human Resources for distribu tion or to the child support receiver if the Department of Human Resources so requests.

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2121

(b) The same remedies and procedure shall apply for enforcement and modification of visitation and support orders as apply to enforce ment and modification of such orders arising from divorce proceedings.
74-314. Confidentiality of hearings. Upon motion of any party, any hearing or trial held under this chapter may be held in closed court without admittance of any person other than those necessary to the ac tion or proceeding."
Section 2. Code Chapter 74-99, relating to crimes involving parent and child, is hereby amended by striking in its entirety Section 74-9902 and in serting in its place a new section to read as follows:
"74-9902. Abandonment of child, (a) If any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or il legitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor; Provided, however, if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, and shall leave this State, or if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, after leaving this State, he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be com petent witnesses, in such cases to testify for or against the other. The mother and the alleged father of the child, either legitimate or il legitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food, clothing or shelter for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to ap pear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution.
(b) Provided, however, that any person, upon conviction of the third offense for violating the provisions of'this section, shall be guilty of a felony and shall, upon conviction thereof, be imprisoned in the peniten tiary for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor by any judge presiding at the trial as provided in section 27-2501.
(c) Provided, however, if during the trial of any person charged with the offense defined in this section, such person contends that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall charge the jury that if its verdict is for the acquittal of such person, and that its reason for so finding is that such person is not the father or mother of the child alleged to have been abandoned, that its verdict shall so state, or if the person charged with

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the offense defined in this section is tried before the court without the in tervention of the jury and the court renders a verdict of acquittal based on the contention of such person that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. In the event the verdict of the jury or the court shall be for acquittal of such per son, and its reason for so doing is that such person is not the father or mother of the child alleged to have been abandoned, such person cannot thereafter again be tried for the offense of abandoning said child, and said verdict shall be a bar to all civil and criminal proceedings attempt ing to compel such person to support said child.
(d) In prosecutions under this section, when the child is illegitimate, and the accused father is convicted, the accused father shall be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child.
(e) The accused father and the mother of the illegitimate child may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until such child reaches age 18 years, marries, or becomes self-supporting; provided, however, such agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try pending cause.
(f) Upon the trial of the accused father under this section, it shall be no defense that the accused father had never supported the child.
(g) In prosecutions under this section, when the child is illegitimate, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest war rant, but if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled.
(h) In the trial of any abandonment proceeding in which the question of parentage arises, regardless of any presumptions with respect to paren tage, the accused father may request a paternity blood test and agree and arrange to pay for same; and in such cases the court before which the matter may be brought, upon pretrial motion of the defendant, shall order that the alleged parent, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged parent, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a mo tion and the entry of an order under the provisions of this subsection, the court shall proceed as follows:
(1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsis tent with the results of any other blood tests and comparisons, and where "the results of those blood tests and comparisons indicate that the alleged

WEDNESDAY, FEBRUARY 27, 1980

2123

parent cannot be the natural parent of the child, the jury shall be in structed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent.
(2) The court shall require the defendant requesting the blood tests and comparisons pursuant to this subsection to be initially responsible for any of the expenses thereof. Upon the entry of a verdict incorporating a finding of parentage or nonparentage, the court shall tax the expenses for blood tests and comparisons, in addition to any fees for expert witnesses whose testimonies supported the admissibility thereof, as costs."
Section 3. The provisions of this Act and the remedy provided herein are intended to be in addition to and cumulative of all other existing laws related to paternity, child support, or other subjects covered herein; and this Act shall not be construed to limit the operation of or repeal any such ex isting law.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 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 by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brown of 47lh Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Johnson Kennedy Land Littlefield Overby

Paulk Reynolds Riley Robinson cott Starr Stephens Sutton Tate Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Barnes Kidd

Lester McGill

Stumbaugh Wessels

Those not voting were Senators:

Brantley Broun of 46th Bryant

Holloway (presiding) Hudgins Langford

On the passage of the bill, the yeas were 39, nays 7.

Russell Summers Timmons

The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the House, having been read the third time on February 26 and postponed until February 27, was put upon its passage:

HB 619. By Representatives Collins of the 144th, Murphy of the 18th, and Castleberry of the 111 th:
A bill to authorize certain counties and municipalities to provide for install ment payments of ad valorem taxes during certain years.
Senate Sponsor: Senator Lester of the 23rd.

Senator Lester of the 23rd moved that HB 619 be committed to the Committee on Banking, Finance and Insurance.

On the motion, the yeas 35, nays 0; the motion prevailed, and HB 619 was com mitted to the Committee on Banking, Finance and Insurance.

The following general bill of the House, having been read the third time on February 11 and committed to the Committee on Consumer Affairs, withdrawn from the Committee on Consumer Affairs on February 11 and committed to the Committee on Governmental Operations, favorably reported by the committee, and postponed on February 26 until February 27, was put upon its passage:
.,/
HB 1191. By Representative Jessup of the 117th:
A bill to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehi cle Rebuilders, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982.
Senate Sponsors: Senators Kidd of the 25th and Walker of the 19th.

WEDNESDAY, FEBRUARY 27, 1980 Senator Reynolds of the 48th offered the following substitute to HB 1191:

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A BILL
To be entitled an Act to amend an Act creating the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders, approved March 14, 1966 (Ga. Laws 1966, p. 471), as amended, so as to continue the State Board of Registration for Used Motor Vehicle Parts Dealers and the laws relating thereto until July 1, 1982; to provide for the termination of such Board and the repeal of the laws relating thereto; and also in addition, to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, so as to provide for a penalty for failure to register a used vehicle in a timely manner as provided by laws; to provide for a penalty for willfully com pleting an application for registration with false information; 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 Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders, approved March 14, 1966 (Ga. Laws 1966, p. 471), as amended, is hereby amended by designating the first paragraph of Section 4 thereof as subsection (a) and adding at the end thereof a new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of 'The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies' ap proved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration for Dealers in Used Motor Vehicle Parts and the laws relating thereto are hereby continued until July 1, 1982, at which time the Board shall be terminated. Upon its ter mination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period on ly for the purpose of concluding its affairs. As of the last day of the ter mination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board.",
so that when so amended Section 4 shall read as follows:
"Section 4. (a) There is hereby created a State Board of Registration for Dealers in Used Motor Vehicle Parts, which shall be composed of ten (10) members to be appointed by the Governor. The original appoint ments shall be made as follows: One member shall be appointed for a term of four (4) years, three members shall be appointed for terms of three (3) years each, three members shall be appointed for terms of two (2) years each, and three members shall be appointed for terms of one (1) year each, and they shall serve until their successors are appointed and

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qualified. Thereafter all appointees shall be for a term of four (4) years. Said terms shall be staggered so that new members of the Board will be appointed each year. All members shall be residents of the State of Georgia. Not less than one (1) nor more than three (3) members shall be appointed from each of the following businesses: used motor vehicle parts dealers, used motor vehicle dismantlers, used motor vehicle rebuilders, and at least two (2) members shall not be from any of the above mentioned businesses.
(b) Pursuant to Section 9 of 'The Act Providing for the Review, Con tinuation, Reestablishment or Termination of Regulatory Agencies,' ap'proved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration for Dealers in Used Motor Vehicle Parts and the laws relating thereto are hereby continued until July 1, 1982, at which time the Board shall be terminated. Upon its ter mination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose or concluding its affairs. As of the last day of the ter mination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board."
Section 2. Code Chapter 68-2, relating to the registration and licensing of motor vehicles, is hereby amended by striking Code Section 68-201 in its entirety and substituting in lieu thereof a new Code Section 68-201 to read as follows:
"68-201. Registration and license of motor vehicles and chauffeurs; penalties, (a) Every owner of a motor vehicle, trailer, tractor (except trac tors used only for agricultural purposes) or motorcycle shall, on or before the first day of April each year, before he shall operate such motor vehicle, tractor, trailer or motorcycle, register such vehicle in the office of the State Revenue Commissioner and obtain a license to operate the same for the ensuing year, and every chauffeur employed to operate a motor vehicle shall likewise register and obtain a license as hereinafter provided.
(b) In addition, every purchaser of a new, used, or unregistered motor vehicle, trailer, tractor (except tractors used for agricultural pur poses) or motorcycle shall within seven days from the date of purchase either apply for a transfer of the registration into his name or apply in his name for the purchase of a license plate for the vehicle. Should the owner of a motor vehicle fail to register said vehicle in a timely manner as pro vided by law, there shall be assessed against the owner of said vehicle a penalty of $10.00 in addition to any other penalties provided by law. This penalty is to be retained by the county through which application for registration or purchase of license plate is made.

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(c) Provided, that on and after the second day of April in each year the owner of an automobile, truck or trailer, registered for the previous year, who shall have failed to comply with the provisions of this section, shall be deemed and held to be a delinquent under the provisions of this section, and the registration of such automobile, truck or trailer shall, on said second day of April and thereafter, be subject to a penalty of 25 per cent of the registration fee for said automobile, truck or trailer in addi tion to the fee herein provided; and all applications made to the state revenue commissioner for the registration of said delinquent automobile, truck or trailer shall, before being accepted by the state revenue commis sioner, be first endorsed by the sheriff or a deputy sheriff, chief of police, or his designated representative, or by a state highway patrolman or by a state revenue field inspector or by a Department of Transportation motor vehicle inspector or by a tax commissioner or a tax collector; and the of ficer endorsing such delinquent application shall indicate, with his en dorsement on said application, the total amount of the prescribed registration fee together with the 25 percent penalty herein provided and the sum of $1.00, and the full total of such amount shall be remitted or paid to the tax commissioner or tax collector before any license tag or serial numbers as provided for this chapter shall be assigned to said ap plicant: Provided, further, that the purpose of this provision being the better and more complete enforcement of the motor vehicle law, all such penalties as are herein assessed shall be accredited in the office of the tax commissioner or tax collector when received in the name of the officer making the endorsement without regard to the residence of the applicant, whether the same are received through the exercise of their authorities as arresting officer or whether through appearance of the applicant at their offices for proper endorsement on an application; and between the first and fifth days of each calendar month the tax commissioner or tax collec tor shall remit to the respective fiscal authorities the full amount of such penalties accredited to such officers during and for the preceding calen dar month: Provided, the full amount of all penalties collected in such counties shall be remitted to the fiscal authorities of such counties and cities: Provided, however, all sums accredited to the Department of Transportation motor vehicle inspectors shall be paid to the county fiscal authorities, and it shall be expressly understood and provided that the penalty herein levied and designated shall be in lieu of and stand in the place of any and all other penalties for delinquency in the registration provided for in this section on or before the first day of April in each year: Provided, further, that the provisions of this section shall not apply to motor vehicles, trailers, tractors or motorcycles owned by the State of Georgia or any municipality or other political subdivision of the state and used exclusively for governmental functions: Provided, further, that the provisions of this section shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination, not to any trailer that has no springs, which is pulled from a tongue, and used primarily to transport fertilizer to the farm: Provided, further, that the provisions of this section shall not apply to a motorized cart as defined by Section 68-101.1
(d) Any person, firm or corporation willfully completing an applica tion for registration with false information shall be assessed a penalty of $50.00. Said penalty shall be in addition to and cumulative to any criminal penalties provided elsewhere. This penalty shall be paid to the State of Georgia.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 4. This Act shall become effective on July 1, 1980.

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, 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 Bell Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester Littlefield Overby

Paulk Reynolds Riley Robinson Scott Starr Stephens Sutton Tate Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes

McGill

Stumbaugh

Those not voting were Senators:

Bond Brantley Holloway (presiding)

Land . Langford
Russell

Summers Timmons

On the passage of the bill, the yeas were 44, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

WEDNESDAY, FEBRUARY 27, 1980

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The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1145. By Representatives Rainey of the 135th, Jessup of the 117th, Branch of the 137th and Sizemore of the 136th:
A bill to amend an Act fixing the terms of the superior courts of the Cordele Judicial Circuit, so as to fix new terms for the superior courts of Ben Hill, Crisp, Dooly and Wilcox counties.
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:

Allgood Ballard Barnes Bell Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Horton Howard Hudgins Hudson Johnson Kennedy Kidd Lester Littlefield McGill Overby Paulk

Reynolds Riley Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Brantley Broun of 46th

Evans Holloway (presiding) Land Langford

Russell Summers Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1113. By Representatives Snow of the 1st, Evans of the 84th, Murray of the 116th and others:
A bill to amend "The Georgia Justice Courts Training Council Act," so as to redefine the term "justice of the peace" to include small claims court judges who are not practicing attorneys.
Senate Sponsor: Senator Greene of the 26th.

Senator Timmons of the 11 th offered the following amendment:

Amend HB 1113 by striking Sections 2 and 3 in their entirety and insert ing in lieu thereof the following:
Section 2. Said Act is further amended by striking from subsection (d) of Section 7 the word "twenty" wherever the same appears, and inserting in lieu thereof the word "eight", and by adding at the end of the subsection the following:
"It shall be the duty of the Council to make such eight hour annual training available at least once annually in each congressional district of the state.",
so that when so amended said subsection shall read as follows:
"(d) In order to maintain the status of a certified justice of the peace, each person certified as such shall complete eight hours of additional training per annum during each year in which he serves as a justice of the peace and shall file a certificate of additional training with the judge of the probate court in the county by the anniversary of the date on which he originally became a certified justice of the peace. If such certificate of additional training is not filed by such date, such person shall cease to be a certified justice of the peace as of such anniversary date and shall not again become a certified justice of the peace until he completes eight hours of training for each year of service, or fraction thereof, as a justice of the peace following the date on which he ceased to be a certified justice of the peace. It shall be the duty of the Council to make such eight hour annual training available at least once annually in each congressional district of the state."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Greene of the 26th offered the following amendment:

Amend the amendment to HB 1113 offered by Senator Timmons of the 11 th by adding a new Section 3 and by renumbering Sections 3 and 4 as Sec tions 4 and 5 and the new Section 3 to read as follows:

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"Section 3. Said Act is further amended by adding at the end of subsection (a) of Section 3 the following:
'Upon the first vacancy on said Council the Governor shall appoint a small claims court judge to replace one justice of the peace member, and thereafter the voting members of the Council shall consist of one small claims court judge and four justices of the peace.' "

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond
Broun of 46th Brown of 47th Bryant Carter
Cobb Coverdell Dean Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene Hill Horton
Howard Hudgins Hudson Johnson
Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott
Starr Stephens Stumbaugh Sutton
Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Holloway (presiding)

Langford Russell

Summers Timmons

On the passage of the bill, the yeas were 49, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.

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 343. By Senator Hudson of the 35th:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty 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 validation thereof; to authorize the Authority to contract with the City of Hapeville and with the State of Georgia and any departments, in stitutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Hapeville to contract with the Authority for the use by the City of Hapeville or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to ex pend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal con flicting laws; 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:
"HAPEVILLE DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and politic to be known as the Hapeville Development Authority which shall be deem ed to be an instrumentality and political subdivision 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 acquir ing, constructing, adding to, extending, improving, equipping, maintain ing, and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any

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and all other facilities useful or desirable in connection therewith, ac quiring 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, and to attain development and promote for the public good, general welfare, trade, commerce, industry and employment opportunitites and to promote the general welfare of the community, same is vested with authority to ascer tain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of Hapeville; the existence of such areas constitutes substantially and in creasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commer cial accommodations, aggravates traffic problems and substantially im pairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be en dangered by areas which are focal centers of economic and social liabili ty, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated pur pose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing con dition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deem ed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof.
3. Membership. The Authority shall consist of nine (9) members, one of whom shall be the Mayor of the City of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville.
(a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomina tion to membership on the Authority.
(b) Composition and Appointments. The remaining eight positions for membership in the Authority shall be comprised as follows: The eight positions shall be filled by resolution of the Mayor and Council of Hapeville. The Mayor of the City of Hapeville or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first an-

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nual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the eight (8) positions filled by resolution of the Mayor and Council of Hapeville, one position shall be filled for a oneyear term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which SecretaryTreasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said SecretaryTreasurer 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-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be 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, the 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 Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of 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, except that the General Assembly may not alter the term of of fice 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 Hapeville Development Authority herein created.
(b) The work 'Project' shall be deemed to mean and include the ac quisition, construction, leasing or equipping of new industrial, commer cial, business, trade or public facilities or the improvement, modifica tion, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial, commercial, business, trade or public facilities located or to be located within the City of Hapeville, including, but not limited to one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property;

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one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical per formances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; and parking facilities or parking areas in con nection with any of the above or combination thereof, including but not limited to related buildings and the usual and convenient facilities apper taining to such undertakings, and extensions and improvements of such facilities.
(c) The term 'cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal proper ty required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably deter mine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advise or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other ex penses as may be necessary or incidental to the financing herein authoriz ed. There may also be included, as part of such cost of project, the repay ment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or 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 with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pur suant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued.
(d) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law. (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly

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known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 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- li quidating' 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 Hapeville or other political sub division under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project 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 com bination 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 condi tions and in such manner as it may deem proper, or by condemnation, upon the approval of the Mayor and Council of the City of Hapeville, and 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 con tinue 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 Authori ty, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, ac tion 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 en cumbrance; 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 into the State treasury for the credit of 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 employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects

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and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Hapeville and with the State of Georgia and any departments, institu tions, 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 ex ceeding fifty years; and the City of Hapeville is hereby authorized to enter into contracts and related agreements for the use by the City of Hapeville or the residents hereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically 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 pay ment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville, in order to enable the Authority to pay the principal of and in terest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so fur nished by said Authority;
(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 pro ceeds 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 in strumentality thereof;
(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 in strumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(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 instrumentality or political subdivision may require;
(i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that pur pose, 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 corporations performing similar functions, which is not in conflict with the Constitu tion and laws of this State; and
(k) To do all things necessary or convenient to carry out the powers expressly given hereunder.

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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, subject to the approval by the Mayor and Council of the City of Hapeville, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest on such revenue bonds shall be payable solely from the special funds 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 Authority in the resolution providing for the issuance of 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 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 appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the of ficial seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and SecretaryTreasurer of the Authority in accordance with the provision of ap plicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as 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 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 this State, subject to provisions for registration.
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 pro ceedings authorizing the issuance of such bonds.

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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 certificates 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 Authority may also provide for the replacement of any 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 happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, pro viding for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posed, 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 Hapeville, 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.
15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust in denture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers ot 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 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 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 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 ad ditional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State of the United States to act as such depositary and to furnish such in demnifying bonds or pledge 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 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

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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, in the resolution providing for the issuance of revenue bonds or in the trust in denture, provide for the payment of the proceeds of the sale of 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 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, 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 instrument may pro vide, 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 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 interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provid ed. 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 other wise 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 provi sions 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 appertaining thereto, and the trustee under the trust indenture, if any, except to the ex tent 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 collecting of revenues, fees, tolls and other charges for the use of the facilities and ser vices furnished.

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19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of Hapeville, 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 outstanding, 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 governed by the foregoing provisions of this Act in sofar 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 Fulton County, Georgia, and any action pertaining to the validation 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 some may be hereafter amended. The petition or valida tion 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 sub divisions or instrumentality 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 contracts ad judicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the judgment of validation shall be final and conclusive 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 subdivision or instrumentality, if a party to the validation pro ceedings, 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 in terests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies received 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 ap plied 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 proj ect or for the services, facilities and commodities furnished; and in an ticipation of the collection of the revenues of such undertakings or proj-

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ects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improve ment, 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 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, in cluding the basis on which services and facilities, or both, shall be fur nished.
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 and cultural growth, public welfare, trade, commerce, education, amusement, recrea tion or to alleviate traffic congestion in the City of Hapeville and thereby 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 negligence as the State of Georgia and the officers, agents and employees 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 employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to 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 prop erty, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such prop erty, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obliga tion.
29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding 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. Special Tax Districts. The City of Hapeville, shall be empowered and authorized to create special tax districts within the City of Hapeville upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the Ci ty of Hapeville to meet, pay for and retire any and all financial obliga tions of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of Hapeville for any purpose against property used ex clusively for residential purposes within any such tax district.

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31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.
32. General Assembly. This amendment is self-enacting 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 any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the ter ritory embraced within the corporate limits of the City of Hapeville 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, Paragraph I of the Constitution of Georgia of 1976, as amended.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the Hapeville Development Authority and to provide for the
[ ] NO powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to pro vide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to con tract with the City of Hapeville 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 Hapeville to contract with the Authority and to authorize the City of Hapeville to create special taxing districts and to levy taxes in said special taxing districts and to expend tax monies derived from said special taxing districts and to authorize the City of Hapeville to levy taxes and expend tax monies of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Barker Barnes Bell Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Holloway (presiding) Hudson

Langford Russell Stephens

Summers Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 348. By Senators Johnson of the 34th, Hudson of the 35th, Stephens of the 36th and Evans of the 3 7th:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the College Park Business and Industrial Development Authori ty; to provide for the powers, authority and duty 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 validation thereof; to authorize the Authority to contract with the City of College Park and with the State of Georgia and any departments, institutions, agencies, municipalities, coun ties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of College Park to contract with the Authority for the use by the City of College Park or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city

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and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of College Park; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; 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 Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"COLLEGE PARK BUSINESS AND INDUSTRIAL
DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and politic to be known as the College Park Business and Industrial Development Authority which shall be deemed to be an instrumentality and political subdivision 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 de fend in all court of law and equity.
2. Purpose. The said Authority is created for the purpose of acquir ing, constructing, adding to, extending, improving, equipping, maintain ing, and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any 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, in cluding real property, and to do any and all things deemed by the authority necessary, convenient or desirable for and incident to the effi cient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade commerce, industry and employment opportunities and to promote the general welfare of the community, same is vested with authority to ascer tain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of College Park; the existence of such areas constitutes substantially and in creasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commer cial accommodations, aggravates traffic problems and substantially im pairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be en dangered by areas which are focal centers of economic and social liabili ty, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and

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other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated pur pose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing con dition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deem ed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof.
3. Membership. The Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of College Park, Georgia, or his designated member from the City Council of the City of College Park.
(a) Qualifications. All persons who have resided within the limits of the City of College Park for at least six months shall be eligible for nomination to membership on the Authority.
(b) Composition and Appointments. The remaining six positions for membership in the Authority shall be comprised as follows: The six posi tions shall be filled by resolution of the Mayor and Council of College Park. The Mayor of the City of College Park or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first an nual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the six (6) positions filled by resolution of the Mayor and Council of College Park one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All apppointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which SecretaryTreasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said SecretaryTreasurer 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-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the

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Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the 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 Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of 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, except that the General Assembly may not alter the term of of fice 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 College Park Business and Industrial Development Authority herein created.
(b) The word 'Project' shall be deemed to mean and include the ac quisition, construction, leasing or equipping of new industrial, commer cial, business, trade or public facilities, or the improvement, modifica tion, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial, commercial, business, trade, or public facilities located or to be located within the City of College Park, in cluding, but not limited to one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial prod uct, or any combination of the foregoing; one or more buildings or struc tures or property useful or necessary in the transportation of persons or property; one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, ex positions, political conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limita tion, refreshment stands and restaurants; one or more buildings or struc tures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; and parking facilities or park ing areas in connection with any of the above or combination thereof, in cluding but not limited to related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and im provements of such facilities.
(c) The term 'cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal proper ty required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and

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during such additional period as the Authority may reasonably deter mine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advise or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other ex penses as may be necessary or incidental to the financing herein autho rized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or 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 with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pur suant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued.
(d) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 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 'selfliquidating' if, in the judgment of the Authority the revenues and earn ings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of College Park or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project 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 com bination 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;

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(c) To acquire in its own name by purchase, on such terms and con ditions and in such manner as it may deem proper, or by condemnation upon the approval of the Mayor and Council of the City of College Park and 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 con tinue 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 Authori ty, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, ac tion 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 en cumbrance; 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 into the State treasury for the credit of 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 employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

(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 contract with the. City of College Park and with the State of Georgia and any departments, institu tions, 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 ex ceeding fifty years; and the City of College Park is hereby authorized to enter into contracts and related agreements for the use by the City of Col lege Park or the residents hereof of any project structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically 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 pay ment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Col lege Park, in order to enable the Authority to pay the principal of and in terest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so fur nished by said Authority;

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(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 pro ceeds 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 in strumentality thereof;
(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 in strumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(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 instrumentality or political subdivision may require:
(i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledges for that pur pose, 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 corporations performing similar functions, which is not in conflict with the Constitu tion and laws of this State; and
(k) 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, subject to the approval by the Mayor and Council of the City of College Park, 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 in terest on such revenue bonds shall be payable solely from the special funds 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 maturi ty, 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 Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of 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

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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 appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the of ficial seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and SecretaryTreasurer of the Authority in accordance with the provision of ap plicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as 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 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 this State subject to provisions for registration.
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 pro ceedings 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 certificates 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 Authority may also provide for the replacement of any 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 happening of anyother conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, pro viding 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 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 College Park, 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.

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15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust in denture 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 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 contruction of the project, the maintenance, operation, repair and insuring of the proj ect, 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 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 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 ad ditional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such in demnifying bonds or pledge 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 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, in the resolution providing for the issuance of revenue bonds or in the trust in denture, provide for the payment of the proceeds of the sale of 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 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, 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 instrument may pro vide, 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

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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 interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provid ed. 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 other wise 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 provi sions 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 other of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the ex tent 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 collecting of revenues, fees, tolls, and other charges for the use of the facilities and ser vices furnished.
19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of College Park, 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 outstanding, 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 governed by the foregoing provisions of this Act in sofar 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 Fulton County, Georgia, and any action pertaining to the validation 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 some may be hereafter amended. The petition or valida tion 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

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validated and any such municipality, county, authority, political sub divisions or instrumentality 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 contracts ad judicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then \ didated, and the judgment of validation shall be final and conclusive 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 subdivision or instrumentality, if a party to the validation pro ceedings, 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 in terests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies received 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 ap plied solely as provided in this Act.
24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to precribe and fix rents and rates and to revise same from time to time and to collects payments, fees, tolls and charges on each project or for the services, facilities and commodities 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, im provement, 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 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, in cluding the basis on which services and facilities, or both, shall be fur nished.
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 and cultural growth, public welfare, trade, commerce, education, amusement, recrea tion or to alleviate traffic congestion in the City of College Park and thereby better protect the lives and property of its residents and others us ing its streets.
27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the

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State of Georgia and the officers, agents and employees 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 employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to 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 prop erty, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such prop erty, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obliga tion.
29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding 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. Special Tax Districts. The City of College Park shall be em powered and authorized to create special tax districts within the City of College Park upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of College Park to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue cer tificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of College Park for any pur pose against property used exclusively for residential purposes within any such tax district.
31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.

32. General Assembly. This amendment is self-enacting 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 any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the ter ritory embraced within the corporate limits of the City of College Park, 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 1, Paragraph 1 of the Constitution of Georgia of 1976, as amended.

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The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the College Park Business and Industrial Development Authority and to
[ ] NO provide for the powers, authority and duties of such Authority, and 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, and to authorize the Authority to contract with the City of College Park and with the State of Georgia and any departments, institutions, agen cies, municipalities, counties, or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of College Park to contract with the Authority and to authorize the City of College Park to create special taxing districts and to levy taxes in said special taxing districts and to expend tax monies derived from said special taxing districts and to authorize the City of College Park to levy taxes and expend tax monies of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of College Park?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the pro posed 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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean

Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson

Kennedy Kidd Land Lester Littlefield . McGill Overby Paulk Reynolds Riley Robinson Scott Starr

WEDNESDAY, FEBRUARY 27, 1980

Stumbaugh Sutton Tate

Thompson Turner Tysinger

Those not voting were Senators:

Brantley Holloway (presiding) Hudson

Langford Russell Stephens

Walker Wessels
Summers Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

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The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 625. By Representatives Wood, Jackson and Lawson of the 9th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a board of elections in Hall County; to define the powers and duties concern ing primaries and elections; to provide a method for appointment, registra tion, and removal of members; to provide for an ex officio member; to pro vide qualifications and terms of members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; to define certain terms; 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 IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a board of elections in Hall County which shall have jurisdiction over the conduct of primaries and elections in Hall County in accordance with the provisions hereof.
B. The board of elections of Hall County shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be selected in the following manner: One member shall be appointed by the board of commissioners and the appointee shall be a member of the political party which received the highest number of votes within the county for its candidate for President in the general election immediately preceding the appointment of the member. One member shall be appointed by the board of commissioners and the appointee shall be a member of the political party which received the second highest number of votes within the county for its candidate for President in the general election immediately preceding the appointment of the member. One of the initial appointments by the board of commissioners shall be

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for four years and the other initial appointment shall be for two years as specified by the board of commissioners. Thereafter, members shall be appointed for terms of four years each and until their successors are duly appointed and qualified. One member shall be, ex officio, the chief registrar of the county, who shall be designated chairman of the board of elections.
C. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the posi tion of any member shall be deemed vacant upon such member's qualify ing as a candidate for elective public office.
D. The appointment of each appointed member shall be made by the board of commissioners filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly ap pointed as provided herein. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed or elected member and the name of the ex of ficio member to the Secretary of State and provide for the issuance of ap propriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event the board of commissioners fails (1) to make a regular appointment within the times specified in this paragraph and in paragraph B(l), or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy, shall be appointed forthwith by the senior judge of the Superior Court of Hall County.
E. Each appointed member of the board shall serve until his suc cessor is appointed and qualified, except in the event of resignation or removal as hereinafter provided, (1) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the board of commissioners and to the clerk of the superior court, and (2) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
F. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death or resigna tion, or otherwise, the board of commissioners shall appoint or elect a successor to serve the remainder of the unexpired term. In the event a vacancy occurs in the office of the ex officio member by reason of the death of such member or his removal or resignation as chief registrar, his office on the board of elections shall be filled by the person succeeding to the office of chief registrar. The clerk of the superior court shall be notified of interim appointments or elections and changes in the office of the ex officio member and record and certify such appointments or elec tions and changes in the same manner as the regular appointment or elec tion of members and designation of the ex officio member.

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G. The first members of the board hereunder shall take office on January 1, 1981. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

H. The board of elections shall:
(1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and in cumbent upon the judge of the probate court pursuant to Code Title 34, known as the 'Georgia Election Code,' as the same now exists or may hereafter be amended, or any other provision of law or both.
(2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Code Title 34, known as the 'Georgia Election Code,' as the same now exists or may hereafter be amended.
I. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be ap pointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.
J. Effective January 1, 1981, the judge of the probate court shall be relieved from all powers and duties to which the board of elections suc ceeds by the provisions hereof and shall deliver thereafter to the chair man of the board, upon his written request, custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
K. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pur suant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction.
L. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid whol ly from county funds.
M. The board of commissioners of Hall County shall provide the board of elections such proper and suitable offices and with such clerical assistants and other employees as the board of commissioners shall deem appropriate.
N. The words 'election,' 'elector,' 'political party," 'primary,' 'public office,' 'special election,' and 'special primary' shall have the same meanings ascribed to those words by Code Section 34-103, relating to definitions, as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the text herein.

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O. This amendment is self-executing and it does not require any enabling legislation by the General Assembly of Georgia for it to become effective. However, the General Assembly may, by local legislation, fur ther define or change the number, qualifications, terms, compensation, powers, duties, and responsibilities of the members of the board of elec tions of Hall County which are not inconsistent with any other provisions of this 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.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create a board of [ ] NO elections in Hall County?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro posed 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 a'doption of the resolu tion, 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 Bond
Broun of 46th Brown of 47th Bryant Carter Cobb
Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill
Horton Howard Hudgins Johnson Kennedy
Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott
Starr Stumbaugh Sutton Tate Thompson
Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 27, 1980

Those not voting were Senators:

Brantley
Holloway (presiding) Hudson

Langford
Russell Stephens

Summers Timmons

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On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 676. By Representatives Smith and Moore of the 152nd, Moody and Greene 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 Brantley 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 adding at the end thereof the following paragraph:
"Provided, however, that in Brantley 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 $2,000.00 and shall sit monthly at fix ed 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, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the
[ ] NO Peace of Brantley County shall have jurisdiction from $200.00 to $2,000.00?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the pro-1 posed amendment shall vote "No."

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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 resolu tion, 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 Bond Broun of 46th Brown of 47th Bryant Carter Cobb Coverdell Dean Eldridge English Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Johnson Kennedy Kidd Land Lester Littlefield McGill

Overby Paulk Reynolds Riley Robinson Scott Starr Stumbaugh Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Holloway (presiding) Hudson

Langford Russell Stephens

Summers Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Co'nference Committee Report thereon:

HB 701. By Representative Hatcher of the 131 st:
A bill to amend Code Section 46-104, relating to additional summons of gar nishment, so as to provide that no additional summons of garnishment shall

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issue on the same affidavit after a certain time period, but plaintiffs may file subsequent affidavits until the debt is paid or the proceeding is otherwise ter minated.

The Conference Committee Report on HB 701 was as follows:

The Conference Committee on House Bill 701 recommends that both the House of Representatives and the Senate recede from their respective positions and that the attached Conference Committee Substitute to HB 701 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Isi Roy E. Barnes Senator, 33rd District
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Richard L. Greene Senator, 26th District

/s/ Charles Hatcher Representative, 131st District
/s/ Nathan G. Knight Representative, 67th District
/s/ Larry Walker Representative, 115th District

Conference Committee Substitute to HB 701:
A BILL
To be entitled an Act to amend Code Title 46, relating to garnishment, as amended, so as to provide for garnishments based upon judgments ob tained in federal courts sitting in this state; to provide for definitions; to change the amount of exemption allowed for garnishments based on judgments for alimony or for the support of a dependent; to provide for limitations in case of multiple summonses of garnishment; to provide for ex emptions of pension and retirement funds and benefits from garnishment; to provide which courts may issue summons of garnishment upon the salaries of certain governmental officials and employees; to change relief from default judgment; to provide a new Code Chapter relating to continuing garnishments; to provide for additional garnishment proceedings and specify the conditions thereof; to provide for applicability of certain Code Sections; to provide for what is subject to continuing garnishment; to pro vide for exemptions; to provide for affidavit, summons, notice, answer, and payments of continuing garnishment; to provide for defendant's becoming a party; to provide for answers regarding terminations of employment rela tionships; to provide for default judgments and relief therefrom; to provide for bond, traverse, and forms; to provide effective dates; to provide for severability; to repeal conflicting laws and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 46, relating to garnishment, as amended, is hereby amended by striking Code Section 46-101 in its entirety and insert ing in lieu thereof a new Code Section 46-101 to read as follows:
"46-101. Right to writ after judgment. In all cases where a money judgment shall have been obtained in a court of this state or in a federal court sitting in this state, the plaintiff shall be entitled to the process of garnishment."
Section 2. Said Code Title is further amended by adding before the last sentence of paragraph (2) of subsection (c) of Section 46-301, relating to what is subject to garnishment, the following:
"For purposes of this Section 46-301, 'Earnings' shall mean compen sation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; and" ,
so that when so amended said paragraph shall read as follows:
"(2) The amount by which his disposable earnings for that week ex ceed thirty times the federal minimum hourly wage prescribed by Section 6(a)(l) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206(a)(l), in effect at the time the earnings are payable. For purposes of this Section 46-301, 'Earnings' shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commis sion, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; and 'Disposable Earnings' shall mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld."
Section 3. Said Code Title is further amended by striking subsection (d) of Code Section 46-301, relating to what is subject to garnishment, which reads as follows:
"(d) The exemption provided by Code Section 46-30 l(c) shall not ap ply if the judgment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provid ed the summons of garnishment shall contain a notice to the garnishee that no exemption is applicable.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The exemption provided by Code Section 46-30 l(c) shall not ap ply if the judgment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provid ed the summons of garnishment shall contain a notice to the garnishee that the garnishment is based on such judgment for alimony or the sup port of a dependent. In any case in which the garnishment is based on such judgment, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment shall be 50 percent of such individual's disposable earnings for that week."

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Section 4. Said Code Title is further amended by striking subsection (e) of Section 46-301, relating to what is subject to garnishment, which reads as follows:
"(e) The limitation on garnishment set forth in Code Section 46301(c) shall apply although the garnishee may receive a summons of gar nishment in more than one garnishment case naming the same defen dant, and no garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by such Section, regardless of the number of summonses served upon the garnishee.",
and inserting in lieu thereof the following new subsection (e):
"(e) The limitation on garnishment set forth in Code Section 46301(c) shall apply although the garnishee may receive a summons of gar nishment in more than one garnishment case naming the same defen dant, unless the garnishee has received a summons of garnishment based on a judgment for alimony or the support of a dependent, in which case the limitation on garnishment set forth in Code Section 46-30 l(d) shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant. No gar nishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by Code Section 46-30 l(c) or 46301(d) as applicable, regardless of the number of summonses served upon thegarnisheee."
Section 5. Said Code Title is further amended by striking in its entirety Section 46-302, which reads as follows:
"46-302. Exemption of pensions paid to retired employees by former employers. Except as otherwise provided by law, pensions paid by former employers to retired employees shall be exempt from the process of garnishment in the same manner and to the same extent as is provided for in the case of disposable earnings by Code Section 46-301(c).",
and inserting in lieu thereof a new Code Section 46-302 to read as follows:
"46-302. Pension and retirement funds and benefits exemption. Funds or benefits from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to such member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Section 46-301 for other disposable earnings, unless a greater exemption is otherwise provided by law."
Section 6. Said Code Title is further amended by adding at the end of Code Section 46-306, subjecting to garnishment salaries of officials and employees of the State and its political subdivisions, the following:
"Only for the purpose stated in this Section shall a court otherwise having jurisdiction over the garnishee be required, for the purpose of is suing a summons of garnishment, to be a court located in the county in which is drawn the warrant on the treasury of the government or in

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JOURNAL OF THE SENATE,
which is issued the check for the salary due the official or employee of the State, its political subdivisions, departments, agencies, or instrumen talities.",
so that when so amended said Section shall read as follows:
"46-306. Salaries of officials and employees of State and its subdivi sion made subject. Money due officials or employees of an incorporated town, an incorporated city, an incorporated county or the State govern ment, or any department or institution thereof, as salary for services per formed for or on behalf of said town, city, county, or State, or any department or institution thereof, shall be subject to garnishment, except however, in no event may the officials' or employees' salary for services performed for or on behalf of any town, city, county or State, or any department or institution thereof, be garnisheed where the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency or instrumentality, and such entity is required to answer said summons in accordance with the mandate thereof, and as provided by this Code Title. Only for the purpose stated in this Section, the State and its political subdivisions, departments, agencies and instrumentalities are made private persons. Only for the purpose stated in this Section shall a court otherwise having jurisdiction over the garnishee be required, for the purpose of issuing a summons of garnishment, to be a court located in the county in which is drawn the warrant on the treasury of the govern ment or in which is issued the check for the salary due the official or employee of the State, its political subdivisions, departments, agencies, or instrumentalities."
Section 7. Said Code Title is further amended by striking from the first sentence of Code Section 46-509 the following:
"125",

and inserting in lieu thereof the following:
"an amount equal to the greater of $50.00 or $50.00 plus 100",
and by striking therefrom the last two sentences, which read as follows:
"Provided, however, the amount of the judgment shall not be reduc ed below an amount equal to 15 percent of the principal amount of the judgment against the defendant or $200.00, whichever is greater. Pro vided, further, that on the trial of the motion, the burden of proof shall be on the garnishee.",

WEDNESDAY, FEBRUARY 27, 1980

2167

and inserting in lieu thereof a new sentence to read as follows:
"Provided, further, that on the trial of the motion, the burden of proof shall be upon any plaintiff who objects to the timeliness of the mo tion to establish that said motion was not filed within the time provided for by this Section.",
so that when so amended said Code Section shall read as follows:
"46-509. Relief from default judgment. When a judgment is rendered against a garnishee under Code Section 46-508, on motion filed not later than sixty (60) days from the date garnishee receives actual notice of the entry of such judgment against garnishee, garnishee, upon payment of all accrued costs of court, may have the judgment modified so that the amount of the judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 plus 100 percent of the amount by which the garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which a timely answer could have been made for all money, other property, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defendant by law. Notice to the garnishee by certified mail shall be sufficient notice as herein required. Provided, further, that on the trial of the motion, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that said motion was not filed within the time provided for by this Section."
Section 8. Code Title 46, relating to garnishment, as amended, is hereby further amended by adding after Code Chapter 46-6 a new Code Chapter 46-7 to read as follows:
"CHAPTER 46-7 Continuing Garnishment
46-701. Additional remedy. In addition to garnishment proceedings otherwise available under this Code title, in cases where a money judg ment shall have been obtained in a court of this state, the plaintiff shall be entitled to the process of continuing garnishment against any gar nishee who is an employer of the defendant against whom such judgment has been obtained. Unless otherwise specifically provided in this Code chapter, the methods, practices, and procedures for continuing garnish ment shall be the same as for any other garnishment as provided in this Code title.
46-702. What subject to continuing garnishment, (a) All debts owed by the garnishee to the defendant at the time of service of summons of continuing garnishment upon the garnishee and all debts accruing from the garnishee to the defendant from such date of service to and including the one hundred seventy-ninth day thereafter shall be subject to process of continuing garnishment; and no payment made by the garnishee to the defendant or to his order or by any arrangement between the defendant and the garnishee after the date of the service of the summons of continu-

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ing garnishment upon the garnishee shall defeat the lien of such garnish ment.
(b) All property, money, or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of continuing garnishment upon the garnishee or coming into the possession or control of the garnishee at any time from the date of such service to and including the one hundred seventy-ninth day thereafter shall be sub ject to process of continuing garnishment, except in the case of collateral securities in the hands of a creditor. Such securities shall not be subject to continuing garnishments so long as there is an amount owed on the debt for which securities were given as collateral.
(c) Notwithstanding the provisions of this Code section, the exemp tions from garnishment required or allowed by law, including but not limited to exemptions provided by Code Sections 46-301 and 46-302, shall be applicable to a continuing garnishment.
46-703. Affidavit; summons; notice, (a) In addition to the informa tion required under Code Section 46-102, an affidavit for continuing gar nishment shall state that plaintiff believes garnishee is or may be an employer of defendant and subject to continuing garnishment and shall request that summons of continuing garnishment shall issue. Upon the filing of such affidavit with the clerk of any court having jurisdiction over the garnishee, such clerk shall cause a summons of continuing gar nishment to issue forthwith, provided such affidavit shall first be made and approved in one of the ways as provided in Code Section 46-102 as containing the information required therein and required by this Code section.
(b) Only one summons of continuing garnishment may issue on one affidavit for continuing garnishment, and the defendant shall be given notice of the issuance of such summons using any method under Code Section 46-105.
(c) The plaintiff, using either forms provided by the court or forms prepared by the plaintiff, shall cause forms sufficient for seven answers to a summons of continuing garnishment to be served on the garnishee along with such summons.
46-704. Answer; payments, (a) The summons of continuing garnish ment shall be directed to the garnishee who shall be required:
(1) To file a first answer no later than the forty-fifth day after service of summons of continuing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continu ing garnishment from such time of service through and including the day of the first answer;
(2) To file further answers for the remaining period covered by the summons of continuing garnishment. Such further answers shall be filed no later than 45 days after the previous answer date. Such further answers shall state what property, money, or other effects of the defen dant are subject to continuing garnishment from the previous answer

WEDNESDAY, FEBRUARY 27, 1980

2169

date through and including the date on which that next such answer is fil ed. No subsequent answers shall be required on a summons of continuing garnishment if the last such answer filed states what property, money, or other effects of the defendant are subject to continuing garnishment from the previous answer date to and including the one hundred seventy-ninth day after service of summons of continuing garnishment. Such last answer shall be filed, notwithstanding the other provisions of this subsec tion (a)(2), no later than the one hundred ninety-fifth day after service. For purposes of this subsection (a)(2), 'previous answer date' means the date upon which the immediately preceding answer was filed to the sum mons of continuing garnishment as provided in this subsection (a); and
(3) To accompany all such answers with any property, money, or other effects of the defendant admitted in the answer to be subject to con tinuing garnishment.
(b) The summons of continuing garnishment shall state the re quirements of subsection (a) of this section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.
46-705. Defendant may become party, (a) In a continuing garnish ment proceeding, upon the filing of a traverse by defendant pursuant to Code Section 46-401, no further summons of garnishment may issue nor may any money answered subject to garnishment be disbursed until the hearing is held upon defendant's traverse. The filing of a traverse by the defendant does not relieve the garnishee of filing an answer; of withholding property, money, or other effects subject to continuing gar nishment; or of delivering to the court any property, money, or other ef fects subject to continuing garnishment.
(b) Nothing herein shall affect the right of the defendant to file bond under this Code title.
46-706. Termination of employment relationship. Notwithstanding the requirements of Code Section 46-704, if the employment relationship between the garnishee and the defendant does not exist at the time of the service of summons of continuing garnishment or terminates during the continuing garnishment, in any answer required by this Code chapter the garnishee may state that the employment relationship between the gar nishee and defendant does not exist or has been terminated, giving the date of termination if terminated on or after service of this summons of continuing garnishment. If no traverse is filed within 15 days after such answer is served as provided in Code Section 46-502, the garnishee is automatically discharged of further liability and obligation under Code Section 46-704 for that summons with respect to the period of continuing garnishment remaining after the employment relationship is terminated.
46-707. Traverse of answer of garnishee. If the garnishee serves his answer on the plaintiff as provided in Code Section 46-502, the plaintiff must traverse said answer within 15 days after it is served or the gar nishee is automatically discharged of further liability with respect to such answer.

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46-708. Default judgment and relief therefrom, (a) If the garnishee fails or refuses to file an answer at least once every 45 days, garnishee shall automatically become in default. Such default may be opened as a matter of right by the filing of the required answer within 15 days after the day of default upon payment of costs. If the case is still in default after the expiration of such period of 15 days, judgment by default may be entered at any time thereafter against garnishee for the amount claim ed to be due on the judgment obtained against the defendant.
(b) Garnishee may obtain relief from default judgment entered as provided in subsection (a) of this Code section upon the same conditions as provided in Code Section 46-509.
46-709. Forms for continuing garnishment. For purposes of this Code chapter, the following forms are hereby declared to be sufficient, along with those provided in Code Section 46-605, for continuing gar nishment; provided, nothing in this Code section shall be construed to re quire the use of particular forms in any proceeding under this Code title.
(a) Affidavit of continuing garnishment.
AFFIDAVIT OF CONTINUING GARNISHMENT
__________COURT OF __________COUNTY

Plaintiff

v.

No.

Defendant

Garnishee

Address
Personally appeared the undersigned affiant who on oath says that he is the above plaintiff, his agent, or his attorney at law and that the above defendant is indebted to said plaintiff on a judgment described as follows:
________ is the case number in the________ Court of ______ County which rendered the judgment against the defendant, $______being the balance thereon.
Affiant further states that affiant believes that garnishee is or may be an employer of the defendant and subject to continuing garnishment.

Affiant

WEDNESDAY, FEBRUARY 27, 1980 Sworn to and subscribed before me, this ______ day of __________, 19____.
Plaintiff's attorney (b) Summons of continuing garnishment.
(Style of Garnishment Action) SUMMONS OF CONTINUING GARNISHMENT TO: ________________ Garnishee

2171

Amount claimed due by plaintiff (To be completed by plaintiff)

$_______

Plus court cost due on this summons (To be completed by Clerk)

$________

YOU ARE HEREBY COMMANDED to hold immediately all prop erty, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and in cluding the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file fur ther answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages, except what is ex empt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the cur rent answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this sum mons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.

2172

JOURNAL OF THE SENATE, Witness the Honorable Judge of said Court. This ______ day of __________, 19_
Clerk, Court of County

Plaintiff's Attorney
Service perfected on Garnishee, this ________ day of. 19____.
Deputy Marshal, Sheriff, or Constable
(c) Answer of continuing garnishment.
(Style of Garnishment Action)
ANSWER OF CONTINUING GARNISHMENT
1. From the time of service of this summons of continuing garnish ment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, garnishee had in his possession the following describ ed property of the defendant: __________.
2. From the time of service of this summons of continuing garnish ment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, all debts accruing from garnishee to the defendant are in the amount of $________.
3. $________ of the amount named in paragraph 2 was wages earned at the rate of $________per ______ for the period beginning__________, 19____, through the time of making this answer. The amount of wages which is subject to this garnishment is computed as follows:
. gross earnings
. total social security and withholding tax
________ total disposable earnings
. amount of wages subject to continuing garnishment

WEDNESDAY, FEBRUARY 27, 1980

2173

4. ( ) If checked, defendant is not presently employed by this garnishee and if employed by garnishee on or after service of this summons of continuing garnishment was most recently terminated as of the ______ day of________, 19____.
5. ( ) If checked, this is the last answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case.
6. Garnishee further states:

Garnishee or his attorney at law
(CERTIFICATE OF SERVICE)"
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Sec tion 8 shall become effective on January 1, 1981.
Section 10. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Greene of the 26th moved that the Senate adopt the Conference Committee Report on HB 701.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell
Broun of 46th Brown of 47th Carter Coverdell Dean
Eldridge English Evans Fincher of 52nd

Fincher of 54th Foster Gillis Greene
Horton Hudson Johnson Kennedy Kidd
Land Lester McGill

Paulk Reynolds Riley Scott
Starr Stephens Stumbaugh Sutton Tate
Thompson Turner Tysinger

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Those not voting were Senators:

Ballard Bond Brantley Bryant Cobb Hill

Holloway (presiding) Howard Hudgins Langford Littlefield Overby

Robinson Russell Summers Timmons Walker Wessels

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 701.
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 1552. By Representative Watkins of the 34th: A bill to create county building authorities in certain counties.
HB 1728. By Representatives Lane of the 40th, Carnes and Lowe of the 43rd and others: A bill to amend a resolution proposing an amendment to the Constitution of the State of Georgia, so as to create the East Point Business and Industrial Development Authority as approved by ratification of the constitutional amendment in the general election of 1976.
HB 1741. By Representative Kilgore of the 65th: A bill creating the Board of Commissioners of Douglas County, so as to change the meeting dates of said board; to change the method of filling vacancies.
HB 1834. By Representative Colbert of the 23rd: A bill to amend an Act establishing a new Charter for the City of Alpharetta, Georgia, as amended and all amendatory acts that refer to the time elections shall be held in said City.
HB 1864. By Representatives Karrh of the 106th and Clifton of the 107th: A bill to amend an Act establishing the City of Stillmore, so as to provide for biennial election of the members of the city council.

WEDNESDAY, FEBRUARY 27, 1980

2175

HB 1865. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act creating a Small Claims Court in and for Emanuel County, so as to change the jurisdiction of and certain fees in the court.

HB 1866. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the judge of the Probate Court.

HB 1867. By Representatives Long of the 142nd and Sise of the 143rd:
A bill to amend an Act establishing the State Court of Thomas County, so as to change the salary to be paid to the judge and solicitor general of said court.

HB 1868. By Representatives Veazey and Bostick of the 146th:
A bill to create the Tift County Trade Center Authority and to authorize such Authority to acquire, construct, equip, maintain and operate a Trade Center and the usual facilities related thereto.

HB 1869. By Representatives Gignilliat of the 122nd, Scott of the 123rd, Battle of the 124th and others:
A bill to create a Legislative Advisory Commission on Local Government for each county of this State having a population of not less than 170,000 nor more than 190,000 according to the U.S. decennial census or any future such census.

HB 1870. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act incorporating the Town of Snellville, so as to change the maximum amount of fines, costs, and forfeitures which may be imposed by the Recorder's Court of the town of Snellville.

HB 1871. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act creating a small claims court in each county of this state having a population of not less than 33,300 nor more than 34,056 ac cording to the United States decennial census of 1960 or any future such census, so as to change certain population brackets.

HB 1874. By Representative Marcus of the 26th:
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, so as to provide that the corporate powers of the City of Atlanta shall include the power to appropriate general funds for the purchase of evidence and information by law enforcement officers.

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JOURNAL OF THE SENATE,

HB 1875. By Representative Collins of the 144th:
A bill to abolish the present mode of compensating the coroner of Mitchell County, Georgia, known as the fee system; to provide in lieu thereof an an nual salary for the coroner.

HB 1876. By Representative Crawford of the 5th:
A bill to amend an Act establishing a Small Claims Court for Chattooga County, so as to change certain provisions relating to fees and costs.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 683. By Representatives Smith of the 42nd, Lowe, Greer and Carnes of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $2,000.00 from all Union City ad valorem taxes for certain residents of Union City.

HR 684. By Representatives Smith of the 42nd, Lowe, Greer and Carnes of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for cer tain residents of the City of College Park; to repeal an amendment to Article VII, Section I, Paragraphy IV of the Constitution, ratified November 5, 1974.

HR 807. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from county ad valorem taxation to resident homeowners in Clayton County in an amount of $4,000.00 and to provide a homestead exemption of $8,000.00 from county ad valorem taxation to resi dent homeowners in Clayton County who are 65 years of age or older.

HR 823. By Representatives Housley of the 21st, Murphy of the 18th, Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption of $12,000 from all Paulding County ad valorem taxes, including ad valorem taxes for the Paulding County school districts, for residents of Paulding County who are disabled and who have a net income not exceeding $12,000 for the immediately preceding taxable year.

The following bills and resolutions of the House were read the first time and refer red to committees:

WEDNESDAY, FEBRUARY 27, 1980
HB 1552. By Representative Watkins of the 34th: A bill to create county building authorities in certain counties.
Referred to Committee on Community Affairs.

2177

HB 1728. By Representatives Lane of the 40th, Games and Lowe of the 43rd and others:
A bill to amend a resolution proposing an amendment to the Constitution of the State of Georgia, so as to create the East Point Business and Industrial Development Authority as approved by ratification of the constitutional amendment in the general election of 1976.
Referred to Committee on Community Affairs.

HB 1741. By Representative Kilgore of the 65th:
A bill creating the Board of Commissioners of Douglas County, so as to change the meeting dates of said boards; to change the method of filling vacancies. Referred to Committee on Community Affairs.

HB 1834. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a new Charter for the City of Alpharetta, Georgia, as amended and all amendatory acts that refer to the time elections shall be held in said City. Referred to Committee on Community Affairs.

HB 1864. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act establishing the City of Stillmore, so as to provide for biennial election of the members of the city council. Referred to Committee on Community Affairs.

HB 1865. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act creating a Small Claims Court in and for Emanuel County, so as to change the jurisdiction of and certain fees in the court. Referred to Committee on Community Affairs.

HB 1866. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the Judge of the Probate Court. Referred to Committee on Community Affairs.

21-78

JOURNAL OF THE SENATE,

HB 1867. By Representatives Long of the 142nd and Sise of the 143rd:
A bill to amend an Act establishing the State Court of Thomas County, so as to change the salary to be paid to the judge and solicitor general of said court. Referred to Committee on Community Affairs.

HB 1868. By Representatives Veazey and Bostick of the 146th:
A bill to create the Tift County Trade Center Authority and to authorize such Authority to acquire, construct, equip, maintain and operate a Trade Center and the usual facilities related thereto. Referred to Committee on Community Affairs.

HB 1869. By Representatives Gignilliat of the 122nd, Scott of the 123rd, Battle of the 124th and others:
A bill to create a Legislative Advisory Commission on Local Government for each County of this State having a population of not less than 170,000 nor more than 190,000 according to the U.S. decennial census or any future such census. Referred to Committee on Community Affairs.
HB 1870. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act incorporating the Town of Snellville, so as to change the maximum amount of fines, costs and forfeitures which may be imposed by the Recorder's Court of the Town of Snellville. Referred to Committee on Community Affairs.

HB 1871. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act creating a small claims court in each county of this state having a population of not less than 33,300 nor more than 34,056 ac cording to the United States decennial census of 1960 or any future such census, so as to change certain population brackets. Referred to Committee on Community Affairs.
HB 1874. By Representative Marcus of the 26th:
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, so as to provide that the corporate powers of the City of Atlanta shall include the power to appropriate general funds for the purchase of evidence and information by law enforcement officers. Referred to Committee on Community Affairs.

WEDNESDAY, FEBRUARY 27, 1980

2179

HB 1875. By Representative Collins of the 144th:
A bill to abolish the present mode of compensating the coroner of Mitchell County, Georgia, known as the fee system; to provide in lieu thereof an an nual salary for the coroner. Referred to Committee on Community Affairs.
s
HB 1876. By Representative Collins of the 144th:
A bill to amend an Act establishing a Small Claims Court for Chattooga County, so as to change certain provisions relating to fees and costs. Referred to Committee on Community Affairs.

HR 683. By Representatives Smith of the 42nd, Lowe, Greer and Carnes of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $2,000.00 from all Union City ad valorem taxes for certain residents of Union City.
Referred to Committee on Community Affairs.

HR 684. By Representatives Smith of the 42nd, Lowe, Greer and Carnes of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for cer tain residents of the City of College Park; to repeal an amendment to Article VII, Section I, Paragraph IV of the Constitution, ratified November 5, 1974.
Referred to Committee on Community Affairs.

HR 807. By Representatives Johnson, Benefield, Wood and Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from county ad valorem taxation to resident homeowners in Clayton County in an amount of $4,000.00 and to provide a homestead exemption of $8,000.00 from county ad valorem taxation to resi dent homeowners in Clayton County who are 65 years of age or older.
Referred to Committee on Community Affairs.

HR 823. By Representatives Housley of the 21st, Murphy of the 18th, Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption of $12,000 from all Paulding County ad valorem taxes, including ad valorem taxes for the Paulding County school districts, for residents of Paulding County who are disabled and who have a net income not exceeding $12,000 for the immediately preceding taxable year.
Referred to Committee on Community Affairs.

2180

JOURNAL OF THE SENATE,

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 1:05 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, an nounced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

Journal of the Senate 1980 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.