Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 12, 1981 and adjourned Wednesday, March 25, 1981, volume I

Compiler's Note
The Journal of the Senate regular session of 1981 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 12, 1981 through March 9, 1981. Volume II contains March 10, 1981 through March 25, 1981 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 1981 and adjourned Wednesday, March 25, 1981
VOLUME I
1981 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1981
ZELL MILLER ...................... President (Lieutenant Governor)
TOWNS COUNTY
ALHOLLOWAY. ........................... President Pro Tempore
DOUGHERTY COUNTY
HAMILTON McWHORTER, JR ................ Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS. ........................... Doorkeeper
FLOYD COUNTY
FRED STEEPLES ..................................... Messenger
FULTON COUNTY
STAFF OF SECRETARY OF SENATE
ALICE E. HOGE ............................... Assistant Secretary
FULTON COUNTY
SARALYN FOSTER .................................... 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
SARAH BROWNE.............................. Assistant Bill Clerk
FULTON COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1981-1982

Senators

District Address

Thomas F. Allgood. ....................... 22nd.... Augusta

W. D. (Don) Ballard ....................... 45th.... Covington

Ed Barker ............................... 18th.... Warner Robins

Roy E. Barnes............................ 33rd.... Mbleton

Robert H. Bell. ............................ 5th.... Atlanta

Julian Bond.............................. 39th.... Atlanta

Rooney L. Bowen ......................... 13th.... Vienna

Max R. Brannon .......................... 51st.... Calhoun

Haskew H. Brantley, Jr. .................... 56th.... Alpharetta

Paul C. Broun ............................ 46th.... Athens

M. Parks Brown .......................... 47th.... Hartwell

Glenn E. Bryant........................... 3rd.... Hinesville

Kyle T. Cobb. ............................ 28th.... Griffin

J. Tom Colemaa, Jr.. ........................ 1st.... Savannah

Paul D. Coverdell......................... 40th.... Atlanta

J. Nathan Deal ........................... 49th.... Gainesville

Nathan Dean. ............................ 31st.... Rockmart

Frank Eldridge ............................ 7th.... Waycross

Bill English .............................. 21st.... Swainsboro

Beverly Leigh Engram ..................... 34th.'. . . Fairburn

Todd Evans. ............................. 37th.... Atlanta

Dan H. Fincher ........................ ^ . 52nd.... Rome

W. W. (Bill) Fincher, Jr. .................... 54th.... Chatsworth

John C. Foster............................ 50th.... Cornelia

Wayne Garner ........................... 30th.... Carrollton

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........................... 42nd.... Dcatur

Floyd Hudgins ........................... 15th.... Columbus

Perry J. Hudson .......................... 35th.... Hapeville

5

Senators

District Address

Joseph E. Kennedy ......................... 4th.... Claxton Culver Kidd ............................. 25th.... Milledgeville Ted J. Land .............................. 16th.... Columbus Jimmy Lester ............................ 23rd.... Augusta Bill Littlefield ............................. 6th.... Brunswick Sam P. McGill. ........................... 24th.... Washington *L. H. "Bud" McKenzie..................... 14th.... Montezuma Steve Reynolds ........................... 48th.... Lawrenceville

Lee Robinson ............................ 27th.... Macon 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 Sutton. ........................... 9th.... Norman Park

Horace E. Tate ........................... 38th.... Atlanta Joe Thompson ........................... 32nd.... Smyrna

J. Hodge Timmons ........................ 11th.... Blakely Paul H. Trulock .......................... 10th.... Climax Loyce W. Turner .......................... 8th.... Valdosta James W. (Jim) 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 ADDRESSES
FOR THE TERM 1981-1982

Name

District

Address

Betty Aaron. ....................... 56, Post 2. ...... Decatur

G. D. Adams....................... 36 ............ Atlanta

John Adams ....................... 14 ............ Rome

Marvin Adams ..................... 79 ............ Thomaston

Fred Aiken ........................ 21, Post 1....... Smyrna

WendellT. Anderson, Sr............... 8, Post 3. ...... Canton

Bob Argo.......................... 63 ............ Athens

Dean Auten. ...................... 154 ............ Brunswick

Ralph J. Balkcom .................. 140 ............ Blakely

Emory E. Bargeron .................. 83 ............ Louisville

Wilbur E. Baugh ................... 108 ............ Milledgeville

Alveda King Beal ................... 28 ............ Atlanta

James M. Beck .................... 148 ............ Valdosta

Jimmy Benefield.................... 72, Post 2. ...... Jonesboro

Lorenzo Benn ...................... 38 ............ Atlanta

Kenneth W. Birdsong ............... 103 ............ Macon

Sanford D. Bishop, Jr................. 94 ............ Columbus

Paul Bolster. ....................... 30' ............ Atlanta

Paul S. Branch, Jr................... 137 ............ Fitzgerald

Claude A. Bray, Jr. .................. 70 ............ Manchester

Tyrone Brooks ..................... 34 ............ Atlanta

Thomas B. Buck, III ................. 95 ............ Columbus

A. L. (Al) Burruss ................... 21, Post 2. ...... Marietta

Joe Burton......................... 47 ............ Atlanta

Roger Byrd ....................... 138, Post 2. ...... Hazlehurst

Gary C. Cason. ..................... 96 ............ Columbus

Don Castleberry ...................111............ Richland

G. Richard Chamberlin .............. 73 ............ Stockbridge

Tommy Chambless................. 131 ............ Albany

George A. Chance, Jr................ 129 ............ Springfield

Donald E. (Don) Cheeks .............. 89 ............ Augusta

E. M. (Buddy) Childers............... 15 ............ Rome

Mrs. Mobley (Peggy) Childs ........... 51 ............ Decatur

Betty J. Clark ...................... 55 ............ Atlanta

7

Name

District

Address

Louie Clark........................ 13, Post 1. ...... Danielsville 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 Barbara H. Couch................... 43, Post 1. ...... Atlanta Walter E. Cox ..................... 141 ............ Bainbridge John Crawford ...................... 5 ............ Lyerly Tom Crosby, Jr.. ................... 150 ............ Waycross Bryant Culpepper................... 98 ............ Fort Valley Bill Cummings ..................... 17 ............ Rockmart George (Buddy) Darden .............. 19, Post 3. ...... Marietta J. C. Daugherty..................... 33 ............ Atlanta Burl Davis. ........................ 99 ............ Macon J. Max Davis ....................... 45 ............ Atlanta Lamar W. Davis, Jr. ................ 124 ............ Savannah Douglas C. Dean.................... 29 ............ Atlanta R. A. Dent......................... 85 ............ Augusta Harry Dixon ...................... 151 ............ Waycross Denny Dobbs...................... 74 ............ Covington Bill Dover ......................... 11 ............ Hollywood Ward Edwards .................... 110 ............ Butler Ewell H. (Hank) Elliott............... 49 ............ Decatur Warren D. Evans ................... 84 ............ Thomson Mrs. Dorothy Felton................. 22 ............ Atlanta James R. (Jim) Fortune ............... 71, Post 1....... Griffin R. L. (Shorty) Foster .................. 6, Post 2. ...... Dalton Cynthia Fuller. ..................... 27 ............ Atlanta Ken Fuller......................... 16 ............ Rome Mary Jane Galer .................... 97 ............ Columbus Ronald E. (Ron) Ginsberg ............ 122 ............ Savannah Mildred Glover. .................... 32 ............ Atlanta John Godbee....................... 82 ............ Brooklet John W. Greer. ..................... 43, Post 3. ...... Atlanta Benson Ham ....................... 80 ............ Forsyth Mrs. Grace T. Hamilton .............. 31 ............ Atlanta Bob Hanner. ...................... 130 ............ Parrott Joe Frank Harris ..................... 8, Post 1. ...... Cartersville Carl Harrison ...................... 20, Post 2. ...... Marietta W. G. (Bill) Hasty, Sr...........'....... 8, Post 2. ...... Canton John Hawkins...................... 50 ............ Atlanta

8

Name

District

Address

Forest Hays, Jr....................... 1, Post 2. ...... Chattanooga Bobby L. Hill. ..................... 127 ............ Savannah Bob Holmes ....................... 39 ............ Atlanta George B. Hooks................... 116 ............ Americus Frank Home ...................... 104 ............Macon R. S. (Dick) Hutchinson ............. 133 ............ Albany JackIrvin ......................... 10 ............ Baldwin Johnny Isakson..................... 20, Post 1....... Marietta Jerry D. Jackson ..................... 9, Post 3. ...... Chestnut
Mountain Neal Jackson....................... 75 ............Monroe Wm. S. (Bill) Jackson ................ 77 ............ Martinez Benjessup. ....................... 117 ............ Cochran Gerald Johnson. .................... 66, Post 1. ...... Carrollton Rudolph Johnson ................... 72, Post 4. ...... Morrow Bill Jones. ......................... 78 ............ Jackson Herbert (Herb) Jones. ............... 126 ............ Savannah Randolph C. (Randy) Karrh .......... 106 ............ Swainsboro Rene D. Kemp. .................... 139 ............ Hinesville Thomas (Mac) Kilgore. ............... 65 ............ Douglasville E. Roy Lambert. ................... 112 ............ Madison Dick Lane ......................... 40 ............ East Point Robert (Bob) Lane. .................. 81 ............ Statesboro Bobby Lawson ...................... 9, Post 2. ...... Gainesville William J. (Bill) Lee. ................. 72, Post 1. ...... Forest Park 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 T. H. (Mac) McCollum .............. 134 ............ Albany Lauren (Bubba) McDonald............ 12 ............ Commerce J. E. (Billy) McKinney................ 35 ............ Atlanta John David Miles .................. 107 ............ Metter BillyMilford. ...................... 13, Post2. ...... Hartwell LundsfordMoody. ................. 138, Post 1. ...... Baxley James C. Moore. ................... 152, Post 1. ...... West Green

9

Name

District

Address

John L. Mostiler .................... 71, Post 2. ...... Griffin Edwin G. (Ed) Mullinax .............. 69 ............ LaGrange Thomas B. Murphy. ................. 18 ............ Bremen Sam Nicholson ..................... 88 ............ Augusta Ken Nix. .......................... 20, Post 3. ...... Smyrna Clinton Oliver. .................... 121 ............ Glennville Mike Padgett. ...................... 86 ............ Augusta Bobby E. Parham .................. 109 ............ Milledgeville Robert L. Patten ................... 149 ............ Lakeland Ed Perry ......................... 146, Post 1....... Nashville 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 Neal Shepard ...................... 67 ............ Newnan Alien Sherrod ..................... 143 ............ Coolidge 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 W. Steinberg. ................ 46 ............ Atlanta David Swann ...................... 90 ............ Augusta Charles Thomas .................... 66, Post 2. ...... Temple

10

Name

District

Address

Steve Thompson .................... 19, Post 2. ...... Austell 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 ............ Lawrenceville J. Crawford Ware ................... 68 ............ Hogansville Roy H. (Sonny) Watson, Jr............ 114 ............ Warner
Robins John White ....................... 132 ............ Albany Bruce Widener ..................... 44 ............ Atlanta Betty Jo Williams ................... 48 ............ Atlanta Rev. Hosea L. Williams .............. 54 ............ Atlanta Roger Williams...................... 6, Post 1....... Dalton Joe Mack Wilson. ................... 19, Post 1....... Marietta Jim Wood ......................... 72, Post 3. ...... Forest Park Joe T. Wood ........................ 9, Post 1........ Gainesville Ken Workman ..................... 56, Post 3. ...... Decatur

11

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 12, 1981

The Senators-elect of the General Assembly of Georgia for the years 1981-1982 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.
Senator Thompson of the 32nd introduced the chaplain of the day, Reverend Nelson Price, pastor of Roswell Street Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.

The following communication from Honorable David B. Poythress, Secretary of State, was received by the Secretary of the Senate:

SECRETARY OF STATE 214 State Capitol Atlanta 30334

Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Secretary McWhorter:

I do hereby certify that the consolidated returns on file in this office for the Special Election held on the llth day of March, 1980 in District 30 of the State Senate, Douglas County, Coweta County and Carroll County, to fill the vacancy caused by the death of J. Ebb Duncan, show the following results:

Ross L. Arnold, Jr. Wayne Garner TomGlanton NedHarman Charles Henry Lumpkin, Jr. W. A. "Bill" Reynolds

Carroll 61
1969 2568 1098 1657
653

Coweta 162 166 829 81 366 158

Douglas 230 2629 675 280 1003 249

Total 453
4764 4072 1459 3026 1060

WRITE-INS Bill Denney Ralph D. Harper Wayne Seabolt

2

2

11

11

1

1

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JOURNAL OF THE SENATE

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on April 1, 1980 and the consolidated returns on file in this office show the following results:

Wayne Garner TomGlanton

Carroll 3164 1818

Coweta 118 530

Douglas 934 223

Total 4216 2571

Given under my hand and seal of office on this the 3rd day of April, 1980.

1st David Poythress Secretary of State

The Honorable Wayne Garner was administered the oath of office as State Senator from the 30th District by Judge George T. Smith, Judge of the Georgia Court of Appeals, on the 7th day of April, 1980, at 1:00 o'clock P.M. in the Senate Chamber of the State Capitol.

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

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980
Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 328, 338, 363, 498, and 557 which were passed by the General Assembly of Georgia at the 1980 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I 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

MONDAY, JANUARY 12, 1981

15

Veto No. 7 S.B. 328 by Senator Carter of the 14th.
Senate Bill 328 authorized a single individual receiving benefits from the Georgia Legislative Retirement System to receive gratuitously credit for prior service thereby resulting in an increase of the former member's present retirement benefits. In order to protect the integrity of the various State retirement funds, it has been a longstanding policy that in order for credit for prior service be extended to members or former members of the funds, it must be accomplished on an equitable and sound actuarial basis. A departure from this policy is unwise and, therefore, I have properly prohibited such a departure from becoming effective in order to preserve the integrity of the fund.
Veto No. 8 S.B. 338 by Senator Kidd of the 25th.
Senate Bill 338 authorizes the Department of Transportation to acquire and maintain their own electronic data processing equipment and systems, independent of the centralized data processing services provided to other State departments and agencies by the Department of Administrative Services. Such a change, if permitted, would not be a wise and prudent course of action and would not be the most efficient utilization and manner of discharging the requirements and needs of D. O. T. in the data processing area. I am persuaded that the particular and unique data processing requirements of D. O. T., particularly in the area of engineering applications, are now more clearly understood and can be adequately addressed by D. O. A. S. in the future. Therefore, I have vetoed Senate Bill 338.
Veto No. 9 S.B. 363 by Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th.
Senate Bill 363 was an administration sponsored bill to add a consumer member to the Georgia Marriage and Family Counselor Licensing Board. During the legislative process, a number of substantive and unrelated amendments were added to the bill and several were deleted. After completing the legislative process, it is quite clear from the posture in which the bill has been presented to me for my executive action that the substantive features added to the original, as introduced version, of the bill have not been carefully or thoughtfully considered: e.g. the body of the bill does not conform to the title and serious errors of drafting form appear in the final version of the bill which place in doubt the validity of Senate Bill 363 if it were to be approved and allowed to become law. The evaluation of the board under the "sunset" review processes do not cause me to conclude that serious or irreparable harm to the public interest will occur if the Marriage and Family Counselor Licensing Act is allowed to terminate July 1, 1980. By this means the General Assembly in a more thoughtful and less cavalier fashion may in the future have the opportunity to evaluate the wisdom of whether the public interest can be best served by regulating and licensing any or all of the aspects associated with marriage and family counseling activities. For these reasons, I have vetoed Senate Bill 363.

16

JOURNAL OF THE SENATE

Veto No. 10 S.B. 498 by Senator Holloway of the 12th.
The State Medical Education Board is presently provided for in Article X of the 1976 Constitution. In anticipation of the adoption by the General Assembly of a comprehensive revision of the 1976 Constitution, including Article X, recommended by the Select Committee on Constitutional Revision, Senate Bill 498 statutorily created the State Medical Education Board so that the revision project might delete from the new Constitution what is essentially statutory material. The effectiveness of Senate Bill 498 was contingent upon the ratification of a new Constitution. The General Assembly failed to adopt the necessary proposal to review the Constitution. Consequently the author of Senate Bill 498 has requested that I veto this bill, and I have done so.
Veto No. 11 S.B. 557 by Senators Coverdell of the 40th and Bond of the 39th.
Senate Bill 557 changes the degree of care owed by an operator of a motor vehicle to a guest passenger by increasing the duty from slight care to ordinary care. At a time when it is imperative to conserve energy, to adopt measures which could discourage operators of motor vehicles from sharing their vehicles with passengers is not in the best interest of the public.

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 206, 463, 895, 1099, 1121, 1153, 1210, 1301, 1500 and 1578 which were passed by the General Assembly of Georgia at the 1980 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I 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,
/s/George Busbee
Veto No. 12-H.B. 206 by Representative Pinkston of the 100th.
House Bill 206 changes the venue for suits brought against corporations. During the legislative process an amendment inadvertently has permitted the possibility of a corporation being sued in contract in any county in which the corporation has an office even though that county

MONDAY, JANUARY 12, 1981

17

has not the slightest nexus with the contract. This is an unwise circumstance; therefore, I have vetoed House Bill 206.
Veto No. 13 H.B. 463 by Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others.
House Bill 463 amends the Act which provides for a health insurance program for public school employees to add to those eligible to participate in the program classroom aides, paraprofessionals and non-certified administrative and clerical personnel of all public school systems. Senate Bill 145 is an identical version of House Bill 463. Senate Bill 145 has been approved by me. Therefore, I have vetoed House Bill 463 to avoid an unnecessary duplication.
Veto No. 14 H.B. 895 by Representatives Harris of the 8th, Battle of the 124th and Logan of the 62nd.
House Bill 895 is designed to more clearly establish a public policy statement concerning the authority and responsibility of the State Board of Education to develop standards for programs in teacher certification. The original thrust of the bill espoused an acceptable philosophical approach to the solution of the problem presently being experienced and evoked by a proposed course of action by the State Board of Education in this regard. However, as the bill was subsequently amended and passed, it is my belief that more confusion concerning the issue would result if the bill were allowed to become law. Additionally, school systems would not be permitted to employ as teachers graduates of out-of-state colleges or universities unless such institutions are accredited by the National Council for Accreditation of Teacher Education. Georgia presently recruits many talented teachers from out-of-state institutions who are not so accredited. The problems which subsequently arose by the rewriting of the original version of House Bill 895 were unintended. Prior to taking this veto action, I have counseled with those most closely affected and responsible for the programs and the consequences connected with the proposed solution embraced within House Bill 895 as introduced. I am persuaded that the difficulties which provoked the introduction of this bill are capable of resolve without the necessity of legislative intervention. If not, I will look with favor upon a proposal which does not contain the problems present in this bill.
Veto No. 15 H.B. 1099 by Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others.
House Bill 1099 would establish criteria for programs of evaluation prior to implementation of certain projects to be undertaken by the Department of Medical Assistance which govern the reimbursement of licensed hospitals for the cost of providing medical assistance. This bill would severely impair the effectiveness of the State to design, develop and implement cost containment programs which are intended to help bring under control the costs of health services. The concerns of the hospital industry which provoked the introduction and passage of this legislation have been recognized and appropriate administrative actions have been implemented which will afford to the industry adequate opportunity to become informed of any proposed new policy or program, to

18

JOURNAL OF THE SENATE

submit their reaction and to adequately evaluate the impact upon the hospital's fiscal policy. With these safeguards, the constraints which would otherwise be imposed upon effective cost containment projects should not be permitted, and I have accordingly vetoed House Bill 1099.
Veto No. 16 H.B. 1121 by Representatives Snow of the 1st, Murphy of the 18th and Thompson of the 93rd.
House Bill 1121 was one of a package of bills sponsored by the Code Revision Committee preparatory to the adoption in 1981 of a new Code. Through inadvertence a perfecting amendment to the bill was omitted. Therefore, the author of House Bill 1121 has requested that I veto the bill because of technical problems which would have otherwise resulted if the measure were allowed to become law. I have acceded to the author's request.
Veto No. 17 H.B. 1153 by Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others.
As a result of other legislative measures which have been adopted and approved at the 1980 session of the General Assembly, the responsibility from training fire fighting personnel previously exercised by the Georgia Fire Academy will be transferred to the Board of Public Safety. Eventually when constructed and completed, fire fighting personnel will receive their training at the proposed comprehensive public safety training facility to be located in Monroe County. House Bill 1153 was an administration bill to add as an additional member of the Board of Public Safety a fire fighter. The addition of a fire fighter to the Board would more than adequately have provided the necessary input of fire fighters' interests into the Board's responsibility concerning their training. Despite repeated agreements by these interests with me that one additional member was sufficient, House Bill 1153 was amended and passed to add two members to the Board of Public Safety to come from the membership of the Georgia State Firemen's Association. For the foregoing reasons, there will be no member of the Firemen's Association on the Board of Public Safety.
Veto No. 18 H.B. 1210 by Representatives Buck of the 95th, Harris of the 8th and Daugherty of the 33rd.
House Bill 1210 provides an increase of 15.5 percent in retirement benefits available to members of the Superior Court Clerks' Retirement Fund. No corresponding increase in member contributions to the retirement fund or other appropriate increase in measures which fund the payment of retirement benefits were accomplished. The maximum required employee contribution to the fund of $18.00 has not been changed in 17 years. Previously, I have given my approval to House Bill 104 which enhances the joint-survivorship benefits to recipients of benefits of the fund. Based upon sound actuarial projections, I am advised that if House Bill 1210 were also approved, the situation could arise that within one year the retirement fund could be experiencing unfunded liabilities. For these reasons I have not permitted House Bill 1210 to become law. I am informed that at the next session of the General Assembly, an actuarially sound program to increase retirement benefits for members of the Superior Court Clerks' Retirement Fund will be introduced.

MONDAY, JANUARY 12, 1981

19

Veto No. 19 H.B. 1301 by Representatives Burruss of the 21st, Carrell of the 75th and Marcus of the 26th.
House Bill 1301 is a comprehensive bill intended to provide through expanded training and new procedures an improved property tax administration. Many of the features of the bill are laudable and should result in better property tax administration; others, however, have the potential to be counterproductive to good tax administration and merit more intense scrutiny and evaluation before being allowed to become law. The more troublesome and disturbing features of the bill relate to a fundamental change and departure in the methods for the evaluation of public utility property. Presently the value of public utility property is determined by the State Revenue Commissioner and the State Board of Equalization, if the taxpayer is dissatisfied. House Bill 1301 allows for the first time local boards of tax assessors a voice in determining the value of the utility's property. This concept in and of itself is not the problem, but rather the manner in which local boards are given this authority and the implications which necessarily flow from the course embarked upon by the bill. Many questions are raised by the various provisions of the bill for which no answers are provided. Particularly troublesome is the unresolved question of what would be the proper venue for an appeal of the decision of the Board of Equalization if a local board of tax assessors has appealed the Revenue Commissioner's determination. The preoccupation which the potential for the large number of appeals which are made possible by this fundamental change in utility taxation could inhibit and indeed paralyze the Revenue Department's ability to administer the complex annual evaluation and assessment of public utility property in future years. If this were to occur chaos and disaster could surface in many counties and municipalities if these local governments should be denied in a timely manner the vital and essential source of revenue which enables these units of governments to provide basic and essential governmental services. Before a change in direction of the magnitude contemplated within this legislation is embarked upon, the full impact and all possible implications should be thoroughly analyzed and evaluated and answers found for the questions raised for which there are presently no answers. Because the changes wrought by the bill insofar as public utility taxation are concerned would not become effective until the next calendar tax year, I deem it to be the more prudent and responsible position to afford to the Tax Reform Commission the time to reassess all of the implications in its recommended course of action contained within House Bill 1301 rather than dealing with potential problems as they might arise in the future and perhaps suffering the consequences which might be devastating. Accordingly, I have reluctantly vetoed House Bill 1301.
Veto No. 6 H.B. 1500 by Representatives Childs of the 51st, Collins of the 144th and Williamson of the 45th.
House Bill 1500 would require that a tax at the rate of one percent of the gross direct premiums received from life insurance policies written on persons who reside in the unincorporated areas of this State be levied and collected by each county governing authority. Each life insurance company would have been permitted to deduct from its obligation to pay a state premium tax a figure corresponding the tax directed to be levied

20

JOURNAL OF THE SENATE

by this bill. The State treasury would thus lose an estimated 10 million dollars annually. The granting of a tax authority to counties at the expense of State revenues at this critical economic juncture is not prudent and is unwise, and I have therefore vetoed House Bill 1500.
Veto No. 20 H.B. 1578 by Representatives Marcus of the 26th, Collins of the 144th and Harris of the 8th.
House Bill 1578 requires that the Department of Medical Assistance formulate a plan which will allow Georgia residents who are 65 years or older regardless of their financial status to purchase prescription drugs for their use from pharmacists without paying the applicable State and local sales and use tax imposed upon the transaction. After properly maintaining the necessary tax records and accomplishing the requisite accounting procedures, the pharmacist may deduct from his State sales tax liability a figure which corresponds to the tax not paid on the purchase. The overall objective sought to be accomplished by the bill is to relieve the elderly of the burden, if any, of the sales and use tax which is otherwise applicable. Whether it can be argued successfully that the payment of a sales tax on prescription drugs is a burden to the well-to-do or extremely wealthy elderly resident is doubtful. Unquestionably, the measure would provide some relief to low income elderly residents who are required to expend an inordinate amount of their disposable income on medicine. I am in complete sympathy with the desire to relieve this class of citizens of some of their tax burdens. I have previously approved of legislation which will allow those who qualify to defer a portion of their ad valorem property tax payments. Unfortunately, our Constitution prohibits the enactment of a scheme contemplated by House Bill 1578. Even though this measure, because of its unconstitutionality cannot be brought to fruition, the very same relief from any burden imposed upon the elderly by the sales tax on prescriptions can be afforded very simply and effectively without the necessity of imposing upon the pharmacist additional record-keeping and accounting burdens by simply exempting such transactions from the sales and use tax.
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 January 9, 1981
Honorable Thomas B. Murphy, Speaker House of Representatives State Capitol Atlanta, Georgia 30334
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
Gentlemen:
Pursuant to the directions of Article V, Section II, Paragraph II of the Constitution which requires that the Governor communicate to the General Assembly each case in which a suspension of the execution of a

MONDAY, JANUARY 12, 1981

21

sentence of death has been granted, the following information is provided.
On March 11, 1976, Jack Howard Potts was sentenced to death following his conviction of the offense of kidnapping in the Superior Court of Cobb County, and on July 15, 1976, said subject was sentenced to death following his conviction of the offense of murder in the Superior Court of Forsyth County. On February 1, 1980, said subject was resentenced to death by order of each of said Superior Courts. On February 5, 1980, the State Board of Pardons and Paroles requested that I grant a stay of execution of 90 days in order that the Board might have sufficient time to investigate and hold a hearing for the purpose of determining whether said death sentences should be commuted. On February 13, 1980, the sentences of death imposed upon Jack Howard Potts were suspended by me for 90 days pursuant to the request of the State Board of Pardons and Paroles.
Sincerely,
Isi George Busbee

The following communication from the Honorable David B. Poythress, Secretary of State, certifying the Senators-elect in the general election of 1980, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, David B. Poythress, Secretary of State of the State of Georgia, do hereby certify that the attached three pages of typewritten matter are a true and correct list of the State Senators as elected in the November 4, 1980 General Election; all as the same appear of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 19th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty and of the Independence of the United States of America the Two Hundred and Fifth.
Is/ David B. Poythress Secretary of State

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY

November 4, 1980 General Election

District

Counties

Name

1

Portion of Chatham

2

Portion of Chatham

J. Tom Coleman, Jr. Charles H. Wessels

22
9 10 11
12 13 14
15 16 17 18 19 20
21 22 23 24

JOURNAL OF THE SENATE

Bryan, Effingham, Liberty, Mclntosh; Portions of Chatham, Glynn, Long Bulloch, Candler, Evans, Screven, Tattnall; Portion
of Appling Portion of DeKalb Brantley, Camden, Wayne; Portions of Glynn, Long Atkinson, Bacon, Charlton, Clinch, Echols, Lanier, Pierce, Ware; Portion of Appling Berrien, Cook, Lowndes; Portion of Coffee Colquitt, Mitchell; Portions of Brooks, Tift Baker, Decatur, Grady, Thomas; Portion of Brooks Calhoun, Chattahoochee, Clay, Early, Miller, Quitman, Randolph, Seminole, Stewart, Webster Portion of Dougherty Ben Hill, Crisp, Dooly, Irwin, Turner, Worth; Portion of Tift Lee, Marion, Schley, Sumter, Taylor, Terrell; Portions of Dougherty,
Macon Portion of Muscogee Portion of Muscogee Butts, Crawford, Lamar, Pike, Talbot, Upson; Portion of Henry Houston, Peach; Portion of Macon Bleckley, Dodge, Jeff Davis, Pulaski, Telfair, Wilcox; Portion of Coffee
Johnson, Laurens, Montgomery, Toombs, Treutlen, Wheeler; Portion of Washington Burke, Emanuel, Glascock, Jefferson, Jenkins; Portions of Warren, Washington Portion of Richmond Portion of Richmond Columbia, Greene, Lincoln, McDuffie, Oglethorpe, Taliaferro, Wilkes; Portions of Madison, Warren

Glenn E. Bryant
Joseph E. Kennedy
Robert H. (Bob) Bell Bill Littlefield Frank Eldridge, Jr.
Loyce W. Turner Franklin Sutton Paul H. Trulock Jimmy Hodge Timmons
Al Holloway Rooney L. Bowen
Bud McKenzie
Floyd Hudgins Ted J. Land Janice Horton
Ed Barker Ronnie Walker
Hugh M. Gillis, Sr.
Bill English
Thomas F. Allgood Jimmy Lester Sam McGill

MONDAY, JANUARY 12, 1981

23

25

Baldwin, Hancock, Jasper,

Culver Kidd

Jones, Putnam, Wilkinson;

Portion of Morgan

26

Twiggs; Portion of Bibb

Richard L. Greene

27

Monroe; Portion of Bibb

Lee Robinson

28

Spalding; Portions of

Kyle T. Cobb

Clayton, Coweta, Fayette,

Henry

29

Harris, Heard, Meriwether,

Render Hill

Troup

30

Carroll; Portions of

Wayne Garner

Coweta, Douglas

31

Haralson, Polk; Portions

Nathan Dean

of Bartow, Douglas, Paulding

32

Portion of Cobb

Joe Thompson

33

Portion of Cobb

Roy E. Barnes

34

Portions of Fayette,

Bev Engram

Fulton

35

Portion of Fulton

Perry Hudson

36

Portion of Fulton

Jack L. Stephens

37

Portion of Fulton

Todd Evans

38

Portion of Fulton

Horace E. Tate

39

Portion of Fulton

Julian Bond

40

Portion of Fulton

Paul D. Coverdell

41

Portion of DeKalb

James W. (Jim) Tysinger

42

Portion of DeKalb

Pierre Howard

43

Portion of DeKalb

Tom Scott

44

Portion of Clayton

Terrell A. Starr

45

Newton, Rockdale, Walton;

W. D. (Don) Ballard

Portions of Barrow, Morgan

46

Clarke, Oconee; Portion

Paul C. Broun

of Jackson

47

Banks, Elbert, Franklin,

M. Parks Brown

Hart, Stephens; Portion of

Madison

48

Gwinnett; Portion of Barrow

Steve Reynolds

49

Hall; Portions of Forsyth,

Nathan Deal

Jackson

50

Dawson, Fannin, Gilmer,

John C. Foster

Habersham, Lumpkin,

Rabun, Towns, Union, White

51

Cherokee, Gordon, Pickens;

Max Brannon

Portions of Forsyth, Whit-

field

52

Floyd; Portion of Bartow

Dan H. Fincher

53

Chattooga, Dade, Walker

E. G. Summers

54

Catoosa, Murray; Portion

W. W. (Bill) Fincher, Jr.

of Whitfield

55

Portion of DeKalb

Lawrence (Bud)

Stumbaugh

56

Portions of Cobb,

Fulton, Paulding

Haskew Brantley

24

JOURNAL OF THE SENATE

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

Those answering were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greehe Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not answering was Senator Stephens (excused).

The President introduced the Honorable George T. Smith, Justice of the Supreme Court, who administered the oath of office to the Senators-elect at their desks.
The President announced that Senator-elect Jack L. Stephens of the 36th District, who has been hospitalized and is recuperating at home, will be administered the oath of office at his home this evening.
The President announced the following Standing Committees appointed by the Senate Committee on Committees:

AGRICULTURE

McGiLL of 24th, Chairman ENGLISH of 21 st, Vice Chairman TRULOCK of 10th, Secretary
Kennedy of 4th

Timmons of 11th Turner of 8th Walker of 19th

MONDAY, JANUARY 12, 1981

25

APPROPRIATIONS

BROUN of 46th, Chairman HOLLOWAY of 12th, Vice Chairman ALLGOOD of 22nd, Secretary
Bell of 5th BryantofSrd Eldridge of 7th English of 21 st Fincher of 54th Gillis of 20th Hill of 29th Hudginsof 15th

Kennedy of 4th Lester of 23rd McGill of 24th Reynolds of 48th Scott of 43rd Starr of 44th Stumbaugh of 55th Tate of 38th Thompson of 32nd Turner of 8th

Continuation Subcommittee

BROUN of 46th, Chairman
Allgood of 22nd Eldridge of 7th Gillis of 20th

Holloway of 12th Kennedy of 4th Reynolds of 48th

BANKING, FINANCE & INSURANCE

LESTER of 23rd, Chairman TURNER of 8th, Vice Chairman SCOTT of 43rd, Secretary
Brantley of 56th Broun of 46th Coleman of 1st Coverdell of 40th Gillis of 20th

Holloway of 12th Hudgins of 15th McKenzie of 14th Starr of 44th Suttonof9th Thompson of 32nd Wessels of 2nd

Banking and Insurance Subcommittee

SCOTT of 43rd, Chairman Brantley of 56th Coverdell of 40th Gillis of 20th

Holloway of 12th McKenzie of 14th Starr of 44th Wessels of 2nd

Ways and Means Subcommittee

TURNER of 8th, Chairman Broun of 46th Coleman of 1st Hudginsof 15th

Starr of 44th Sutton of 9th Thompson of 32nd

26

JOURNAL OF THE SENATE

CONSUMER AFFAIRS

BOND of 39th, Chairman

Land of 16th

ROBINSON of 27th, Vice Chairman Stephens of 36th

BARKER of 18th, Secretary

COUNTY AND URBAN AFFAIRS

DEAN of 31 st, Chairman BELL of 5th, Vice Chairman MCKENZiEof 14th, Secretary

Brantley of 56th Evans of 37th

DEFENSE AND VETERANS AFFAIRS

THOMPSON of 32nd, Chairman ROBINSON of 27th, Vice Chairman BRANNONof 51st, Secretary

Hudson of 35th Littlefield of 6th

EDUCATION

FOSTER of 50th, Chairman SUMMERS of 53rd, Vice Chairman ENGRAM of 34th, Secretary
Ballard of 45th Dean of 31st

Land of 16th Starr of 44th Stumbaugh of 55th Tate of 38th Trulock of 10th

Libraries Subcommittee

ENGRAM of 34th, Chairman Ballard of 45th

Dean of 31 st

Primary and Secondary Subcommittee

STARR of 44th, Chairman Summers of 53rd

Tate of 38th

Vocational and Technical Subcommittee

STUMBAUGH of 55th, Chairman Land of 16th

Trulock of 10th

MONDAY, JANUARY 12, 1981

27

GOVERNMENTAL OPERATIONS

KIDD of 25th, Chairman STEPHENS of 36th, Vice Chairman LITTLEFIELD of 6th, Secretary
Barker of 18th Bond of 39th Bowen of 13th

Brannon of 51 st Coleman of 1 st Garner of 30th Horton of 17th Howard of 42nd Robinson of 27th

Governmental Organization Subcommittee

ROBINSON of 27th, Chairman Barker of 18th

Bowen of 13th Horton of 17th

Merit System Subcommittee

GARNER of 30th, Chairman Bond of 39th

Howard of 42nd Kidd of 25th

HIGHER EDUCATION

FlNCHER of 54th, Chairman TYSINGER of 41st, Vice Chairman HORTON of 17th, Secretary
Broun of 46th

Bryant of 3rd Garner of 30th McKenzie of 14th

Science and Technology Subcommittee

TYSINGER of 41st, Chairman Garner of 30th

McKenzie of 14th

University System Subcommittee

HORTON of 17th, Chairman Broun of 46th

Bryant of 3rd

HUMAN RESOURCES

HOWARD of 42nd, Chairman FlNCHER of 52nd, Vice Chairman BRANTLEY of 56th, Secretary
Bond of 39th Brown of 47th

Fincher of 54th Greene of 26th Hudson of 35th Kidd of 25th Lester of 23rd

28

JOURNAL OF THE SENATE

GREENE of 26th, Chairman Bond of 39th

Aging Subcommittee
Fincher of 54th Hudson of 35th

Mental Health and Mental Retardation Subcommittee

HUDSON of 35th, Chairman Brown of 47th

Lester of 23rd

Social Services and Vocational Rehabilitation Subcommittee

BRANTLEY of 56th, Chairman Fincher of 52nd

Kidd of 25th

INDUSTRY, LABOR AND TOURISM

BALLARD of 45th, Chairman STEPHENS of 36th, Vice Chairman
HUDGINS of 15th, Secretary Cobb of 28th

Foster of 50th Hill of 29th
Scott of 43rd Tysinger of 41 st

Tourism Development Subcommittee

STEPHENS of 36th, Chairman Cobb of 28th Foster of 50th

Hill of 29th Scott of 43rd

BARNES of 33rd, Chairman GREENE of 26th, Vice Chairman DEAL of 49th, Secretary

JUDICIARY
Ballard of 45th Bell of 5th Howard of 42nd

NATURAL RESOURCES AND ENVIRONMENTAL QUALITY

GILLIS of 20th, Chairman WALKER of 19th, Vice Chairman BRYANT of 3rd, Secretary
Bowen of 13th Cobb of 28th

English of 21 st Fincher of 52nd Hudson of 35th McGill of 24th Timmons of 11th

Game and Fish Subcommittee

BOWEN of 13th, Chairman Bryant of 3rd

Timmons of 11th

MONDAY, JANUARY 12, 1981

29

Parks and Historical Sites Subcommittee

WALKER of 19th, Chairman Fincher of 52nd

McGill of 24th

Resources and Environmental Control Subcommittee

ENGLISH of 21 st, Chairman Cobbof28th

Hudson of 35th

OFFENDER REHABILITATION

KENNEDY of 4th, Chairman SUMMERS of 53rd, Vice Chairman GARNER of 30th, Secretary
Eldridge of 7th

Engram of 34th Fincher of 52nd Foster of 50th

Penal and Correctional Institutions Subcommittee

FINCHER of 52nd, Chairman Foster of 50th

Summers of 53rd

Probation, Pardons and Paroles Subcommittee

GARNER of 30th, Chairman Eldridge of 7th

Engram of 34th

PUBLIC SAFETY

TlMMONS of 11 th, Chairman COBB of 28th, Vice Chairman BowENof 13th, Secretary

Brannon of 51 st Deal of 49th

PUBLIC UTILITIES

BROWN of 47th, Chairman HILL of 29th, Vice Chairman LAND of 16th, Secretary

Reynolds of 48th Tysingerof 41st

REAPPORTIONMENT

HUDSON of 35th, Chairman

Scott of 43rd (4th)

HOLLOWAY of 12th, V. Chairman, Ex. Off. Bond of 39th (5th)

ALLGOOD of 22nd, Secretary, Ex. Off.

Kidd of 25th (6th)

Coverdell of 40th, Ex. Off.

Barnes of 33rd (7th)

Starr of 44th, Ex. Off.

Kennedy of 4th (8th)

Wessels of 2nd (1st Congressional Dist) Brown of 47th (9th)

Eldridge of 7th (2nd)

Gillis of 20th (1 Oth)

Hill of 29th (3rd)

30

JOURNAL OF THE SENATE

TATE of 38th, Chairman SUTTON of 9th, Vice Chairman COVERDELL of 40th, Secretary

RETIREMENT
Engram of 34th Summers of 53rd Trulock of 10th

ELDRIDGE of 7th, Chairman WALKER of 19th, Vice Chairman GREENE of 26th, Secretary
Allgood of 22nd Barker of 18th
Barnes of 33rd Coverdellof40th

RULES
Deal of 49th Holloway of 12th Horton of 17th Kidd of 25th Sutton of 9tn Starr of 44th, Ex Officio

Audit Subcommittee

ALLGOOD of 22nd, Chairman
Barker of 18th Coverdellof40th

Eldridge of 7th Holloway of 12th

Enrolling and Journals Subcommittee

BARKER of 18th, Chairman Deal of 49th

Horton of 17th

SPECIAL JUDICIARY

WESSELS of 2nd, Chairman LITTLEFIELD of 6th, Vice Chairman STUMBAUGH of 55th, Secretary

Allgood of 22nd Evans of 37th

TRANSPORTATION

REYNOLDS of 48th, Chairman EVANS of 37th, Vice Chairman COLEMAN of 1 st, Secretary
Barnes of 33rd

Brown of 47th Dean of 31 st Wessels of 2nd

Highways and Motor Vehicles Subcommittee

DEAN of 31 st, Chairman Brown of 47th

Evans of 37th

MONDAY, JANUARY 12, 1981

31

State Ports Subcommittee

WESSELS of 2nd, Chairman Barnes of 33rd

Coleman of 1st

The following committee, as required by law, was appointed by the Committee on Committees:

INTERSTATE COOPERATION

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

English of 21 st Holloway of 12th

The President announced that the next order of business was the election of the President Pro Tempore.
Senator Wessels of the 2nd nominated Senator Holloway of the 12th as President Pro Tempore.
Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Senator Holloway of the 12th.
The consent was granted and Senator Holloway of the 12th was declared elected President Pro Tempore.
The President announced the next order of business was the election of the Secretary of the Senate.
Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr. of Oglethorpe County as Secretary of the Senate.
Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Assistant Secretary, Alice E. Hoge, be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.
The consent was granted and Honorable Hamilton McWhorter, Jr. was declared elected Secretary of the Senate.
The oath of office as Secretary was administered to Honorable Hamilton McWhorter, Jr. by the President.

32

JOURNAL OF THE SENATE

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

Senator Bond of the 39th nominated Honorable Fred Steeples of Fulton County as Messenger.

Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable Fred Steeples.

The consent was granted and Honorable Fred Steeples was declared elected Messenger.

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

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

Senator Allgood of the 22nd 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 Doorkeeper.

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

SR 1. By Senators Eldridge of the 7th, Holloway of the 12th and Allgood of the 22nd:
A resolution adopting the Rules of the Senate.

Senator Coverdell of the 40th moved that all amendments to SR 1 be printed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the amendments were ordered printed.

Senator Coverdell of the 40th offered the following amendment:

Amend SR 1 by striking on Page 4, beginning with line 26, and continuing on Page 5 through line 15, in its entirety, and substituting in lieu thereof the following:

MONDAY, JANUARY 12, 1981

33

"Rule 230. (a) No substitute or amendment to any retirement bill shall be offered which changes the version of the bill on which the most recent fiscal note was submitted until a new fiscal note covering the provisions of ,the substitute or amendment is supplied to the Secretary of the Senate and made available to all members.
(b) No retirement bill shall be put upon its passage, nor shall any House amendment, House substitute or conference committee report to a retirement bill, if said conference committee report changes the bill from its version as passed by the Senate, be adopted, until an adequate fiscal note covering the bill, or covering the House amendment, House substitute or conference committee report, is supplied to the Secretary of the Senate and made available to all members.
(c) The term 'fiscal note,' as used in this rule, shall be a fiscal note within the meaning of the 'Georgia Fiscal Note Act' (Ga. Laws 1975, p. 1568), as amended, except that a fiscal note which expresses the opinion that sufficient information is not available to prepare an accurate and complete fiscal note shall not constitute an adequate fiscal note for the purposes of the requirements of paragraph (b) of this rule. The term 'retirement bill,' as used in this rule, shall be as defined by said 'Georgia Fiscal Note Act.'
(d) The provisions of this rule may be suspended by a two-third's vote of the members elected to the Senate by a roll-call vote."

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 40, nays 0, and the amendment was adopted.

Senator Kidd of the 25th offered the following amendment:

Amend SR 1 by adding at the bottom of Page 5 the following:
"BE IT FURTHER RESOLVED that Senate Rule 161 is hereby amended by adding at the end thereof, immediately following the word 'had,' the following:
'; provided, however, that the chairman of the committee from which the bill was reported out of shall be one of the members of the Committee so appointed unless such chairman voted against the bill or resolution',
so that when so amended Rule 161 shall read as follows:
'Rule 161. Whenever any member moves that a Committee of Conference be appointed, on disagreeing votes or other matters of the two Houses, and said motion prevails, the President shall appoint three (3) members for the Committee, who voted in the majority on the position assumed by the Senate, if such vote has been had; provided, however, that the chairman of the committee from which the bill was reported out of shall be one of the members of the Committee so appointed unless such chairman voted against the bill or resolution.' "

34

JOURNAL OF THE SENATE

Senator Kidd of the 25th asked unanimous consent that the amendment offered by him be withdrawn from consideration by the Senate.

The consent was granted, and the amendment offered by Senator Kidd of the 25th was withdrawn.
Senator Kidd of the 25th offered the following amendment:

Amend SR 1 by striking on Page 3, lines 12 through 16 in their entirety so that when so amended, Senate Rule 180 shall read as follows:
"Rule 180. In every case where the seat of a Senator is being contested, the sitting Senator and the contestant shall both retire from the Senate before the vote is taken."

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:

Bryant

Kidd

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Land Lester Littlefield

Not voting was Senator Stephens (excused).

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

On the adoption of the amendment, the yeas were 2, nays 53, and the amendment offered by Senator Kidd of the 25th was lost.

MONDAY, JANUARY 12, 1981

35

On the adoption of the resolution, the yeas were 51, nays 0.

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

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

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

HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Senate that the House has convened.

HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has convened.

The Speaker has appointed as a committee to notify the Governor on the part of the House, the following members thereof:
Representatives Hamilton of the 31st, Hutchinson of the 133rd, Marcus of the 26th, Adams of the 79th, Argo of the 63rd, Benefield of the 72nd and Cheeks of the 89th.

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling for 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 as a Committee of Escort on the part of the House, the following members thereof:
Representatives Anderson of the 8th, Balkcom of the 140th, Beck of the 148th, Bolster of the 30th, Chance of the 129th, Childers of the 15th, Crawford of the 5th and Evans of the 84th.

36

JOURNAL OF THE SENATE

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling for 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 as a Committee of Escort on the part of the House, the following members thereof:
Representatives Fuller of the 16th, Glover of the 32nd, Jessup of the 117th, Mann of the 13th, Richardson of the 52nd, Culpepper of the 98th and Fortune of the 71st.

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 3. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th:
A resolution relative to officials, employees and committees of the Senate. Referred to Committee on Rules.

The following resolutions of the Senate and House were read and put upon their adoption:

SR 2. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
A resolution to notify the House of Representatives that the Senate has convened and organized.

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite majority, was adopted.

HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has convened.

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite majority, was adopted.

MONDAY, JANUARY 12, 1981

37

The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Coleman of the 1st, Trulock of the 10th, Bowen of the 13th, McKenzie of the 14th, Engram of the 34th, Deal of the 49th and Brannon of the 51st.

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate at 11:45 o'clock A.M. on Tuesday, January 13, 1981, for the purpose of hearing the State of the State message from the Governor at 12:00 Noon.

On the adoption of the resolution, the yeas were 36, nays 0.

The resolution, having received the requisite majority, was adopted.

The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Holloway of the 12th, Allgood of the 22nd, Coverdell of the 40th, Starr of the 44th, Howard of the 42nd, Gillis of the 20th and Turner of the 8th.

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate at 11:45 o'clock A.M. on Thursday, January 15, 1981, for the purpose of hearing the Budget message from the Governor at 12:00 Noon.

On the adoption of the resolution, the yeas were 33, nays 0.

The resolution, having received the requisite majority, was adopted.

The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Kennedy of the 4th, English of the 21st, Barker of the 18th, Horton of the 17th, Foster of the 50th and Eldridge of the 7th.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:45 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

38

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 13, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 had adopted by requisite constitutional majority the following resolutions of the Senate:

SR 2. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
A resolution to notify the House of Representatives that the Senate has convened.

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

SB 1. By Senators Turner of the 8th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.
Referred to Committee on Industry, Labor and Tourism.

SB 2. By Senator Evans of the 37th:
A bill to amend Code Section 3-305, relating to suits against representatives of obligors, so as to reduce the period of exemption from suit for representatives of estates from 12 months to six months; to state legislative findings and intent; to provide an effective date.
Referred to Committee on Special Judiciary.

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SB 3. By Senator Lester of the 23rd:
A bill to amend Code Chapter 88-24, relating to rights of certain state employees, as amended, so as to provide compensation to employees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient action.
Referred to Committee on Governmental Operations.

SB 4. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; to provide for seminars; to provide for qualifications of Referees.
Referred to Committee on Special Judiciary.

SB 5. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 56-29, relating to industrial life insurance, so as to state provisions required to be included in policies of industrial life insurance; to state provisions prohibited from being included in policies of industrial life insurance; to state conditions under which policies of industrial life insurance may and may not be issued; to provide for enforcement by administrative procedure and civil action.
Referred to Committee on Banking, Finance and Insurance.

SB 6. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 27-20, relating to continuances in criminal cases, so as to provide that defendant may be tried in his absence if he knowingly waives his right to be present by voluntarily failing to appear for trial or absenting himself during the trial.
Referred to Committee on Special Judiciary.

SB 7. By Senator Wessels of the 2nd:
A bill to amend an Act known as the "Georgia Records Act," as amended, so as to change the provisions regarding the development and adoption of records management programs and retention schedules by courts in this state.
Referred to Committee on Special Judiciary.

SB 8. By Senator Wessels of the 2nd:
A bill to amend Code Section 91A-1001, relating to definitions used in ad valorem property tax provisions of the Georgia Public Revenue Code, so as to exclude certain costs of purchase and sale from the meaning of the term "fair market value of property"; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

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SB 9. By Senator Wessels of the 2nd:
A bill to provide for and assist in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population; to provide legislative intent; to repeal specific laws; to provide for severability.
Referred to Committee on Special Judiciary.

SB 10. By Senators Stumbaugh of the 55th, Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, so as to delete the provisions relating to transactions in drug related objects; to prohibit certain activities relating to drug paraphernalia; to provide for definitions; to provide for certain factors in determining whether an object is drug paraphernalia.
Referred to Committee on Special Judiciary.

SB 11. By Senator Greene of the 26th:
A bill to amend Code Section 46-104, relating to additional summons of garnishment, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits.
Referred to Committee on Judiciary.

SB 12. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 32-3760, relating to tuition equalization grants, so as to provide for an increase in the maximum permissible grant; to provide an effective date.
Referred to Committee on Appropriations.

SB 13. 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 Medical Assistance Act of 1977," as amended, so as to provide a procedure for fixing of the salary of the Commissioner of the Department. Referred to Committee on Appropriations.

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for State employees, as amended, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five percent to eight percent of the total outlay for personal services.
Referred to Committee on Governmental Operations.

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41

SB 15. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the reimbursement of State employees for transportation of household goods and incident expenses incurred during a change of residence, so as to provide that the Department of Industry and Trade may reimburse an employee of that department for such transportation and expenses incurred during a change of residence to a foreign country.
Referred to Committee on Appropriations.

SB 16. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act creating a State Department of Veterans Service, as amended, so as to authorize the department to assess and collect from residents of veterans nursing homes the cost of certain maintenance fees for services rendered.
Referred to Committee on Defense and Veterans Affairs.

SB 17. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 114-701.5, relating to the applicability of the State Merit System's rules and regulations to members and other employees of the Workers' Compensation Board, so as to provide that the compensation of the members of the Board shall be fixed by law; to provide for the procedures connected therewith.
Referred to Committee on Governmental Operations.

SB 18. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, as amended, so as to change the automobile mileage allowance rate.
Referred to Committee on Appropriations.

SB 19. By Senator Kidd of the 25th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," as amended, so as to change the definition of the term "person"; to amend Code Section 5A-2502, relating to restrictions on the number of retail dealer licenses to be issued, so as to incorporate such change into the new Georgia Alcoholic Beverage Code.
Referred to Committee on Consumer Affairs.

SB 20. By Senator Kidd of the 25th:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to require any person who operates a business

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as a dealer in precious metals to obtain a permit; to provide for the manner of application of said permit.
Referred to Committee on Industry, Labor and Tourism.

SB 21. By Senator Kidd of the 25th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relating to contributions; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire.
Referred to Committee on Retirement.

SB 22. By Senator Kidd of the 25th:
A bill to amend Code Title 34, known as the "Georgia Election Code," as amended, so as to provide for the nomination of unopposed candidates by political parties. Referred to Committee on Governmental Operations.

SB 23. By Senators Lester of the 23rd, Gillis of the 20th, Reynolds of the 48th and others:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the powers, duties, and responsibilities of the Georgia State Patrol; to provide for the limits of their jurisdiction; to provide for their powers of arrest and investigation; to provide for their duties on state property. Referred to Committee on Public Safety.
SB 24. By Senators Cobb of the 28th and English of the 21 st:
A bill to amend an Act to provide for a program for indemnification with respect to the death or permanent disability of certain law enforcement officers, firemen, or prison guards, as amended, so as to include within the indemnification program certain emergency medical technicians. Referred to Committee on Public Safety.
SB 25. By Senators Cobb of the 28th, English of the 21st and Howard of the 42nd:
A bill to amend an Act regulating flashing or revolving lights on certain motor vehicles, so as to authorize the use of flashing or revolving emergency lights upon the personal vehicles of certain persons in the course of serving as an emergency first responder. Referred to Committee on Public Safety.

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43

SB 26. By Senator Timmons of the 11th:
A bill to create and establish a Small Claims Court in and for Quitman County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court.
Referred to Committee on County and Urban Affairs.

SB 27. By Senator Timmons of the 11 th:
A bill to create a Small Claims Court of Miller County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; to prescribe the jurisdiction, the pleading, practice and service of process therein.
Referred to Committee on County and Urban Affairs.

SB 28. By Senator Evans of the 37th:
A bill to amend Code Chapter 5A-29, relating to sales of distilled spirits by the drink, so as to require retail consumption dealers to take reasonable steps to ensure the prevention of violent and disorderly acts on their premises.
Referred to Committee on Consumer Affairs.

SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th arid others:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provisions and procedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission.
Referred to Committee on Public Utilities.

SB 30. By Senators Thompson of the 32nd, Dean of the 31st, Fincher of the 52nd and others:
A bill to amend Code Section 24A-401, providing for definitions to be used in the Juvenile Court Code of Georgia, as amended, so as to provide that failure to appear and answer certain citations shall constitute a delinquent act; to amend Code Section 58-612.1, changing the legal age at which persons can purchase or possess alcoholic beverages.
Referred to Committee on Judiciary.

SB 31. By Senator Evans of the 37th:
A bill to authorize the governing authorities of counties to grant franchise licenses for the operation of cable television systems within their ter-

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ritorial limits; to provide for fees; to prohibit county franchise licenses and fees within municipalities.
Referred to Committee on Governmental Operations.

SB 32. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change the definition of the term "dispensing optician"; to change the provisions relating to continuing education requirements. Referred to Committee on Consumer Affairs.
SB 33. By Senator Kidd of the 25th:
A bill to amend Code Section 45-213, relating to compliance to laws and regulations relating to hunting or fishing areas, as amended, so as to change the penalty provisions; to provide an effective date. Referred to Committee on Natural Resources and Environmental Quality.

SB 34. By Senator Kidd of the 25th:
A bill to provide for setting aside the conviction in certain criminal cases; to provide procedures in connection therewith; to provide for the rights of persons who have convictions set aside; to provide for construction; to provide for criminal records. Referred to Committee on Judiciary.
SB 35. By Senator Kidd of the 25th:
A bill to amend Code Section 88-1708, relating to forms of certificates, so as to require certain information on certificates of birth. Referred to Committee on Governmental Operations.

SR 4. By Senator Hudgins of the 15th:
A resolution authorizing and directing the Board of Natural Resources to declare a moratorium on the trapping of fur-bearing animals. Referred to Committee on Natural Resources and Environmental Quality.

SR 6. By Senators Greene of the 26th and Eldridge of the 7th:
A resolution creating the Senate Music Industry Committee. Referred to Committee on Rules.

SR 7. By Senators Greene of the 26th and Eldridge of the 7th:
A resolution creating the Services for the Aged Study Committee. Referred to Committee on Human Resources.

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45

SR 8. By Senator Lester of the 23rd:
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 provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 10. By Senators Cobb of the 28th and English of the 21 st:
A resolution proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain emergency medical technicians killed or permanently disabled in the line of duty; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Public Safety.

SR 11. By Senators Lester of the 23rd, Turner of the 8th, Holloway of the 12th and others:
A resolution proposing an amendment to the Constitution so as to prohibit the levying and collection of ad valorem taxes on intangible personal property; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 12. By Senators Lester of the 23rd, Kennedy of the 4th and Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not have the authority to consider a person for pardon or parole who has been convicted of a felony and sentenced to life imprisonment until such person has served at least ten years in the penitentiary; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Offender Rehabilitation.

SR 13. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to designate that part or all of the proceeds of any tax now or hereafter levied and collected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 14. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that the office of any state, county, or municipal elective official is

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hereby declared vacant upon such elective official qualifying for another state, county, or municipal office or qualifying for the House of Representatives or the Senate of the United States; to provide for the filling of vacancies; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

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

Mr. President:

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 following recommendation:
SR 3. Do pass as amended.

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

Senator-elect Jack L. Stephens of the 36th District, who has been hospitalized, was administered the oath of office at his home in Atlanta, Georgia, by Judge Ralph H. Hicks, Judge of the Fulton Superior Court, on January 12, 1981, at 6:00 o'clock P.M. in the presence of the Secretary of the Senate.

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

Allgood Ballard
Barker Barnes Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester Littlefield
McGill McKenzie Robinson Scott Starr Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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47

Those not answering were Senators:

Bell Coverdell

Reynolds Stephens (excused)

Stumbaugh

Senator Foster of the 50th introduced the chaplain of the day, Reverend Dan Holloway, pastor of the First Presbyterian Church, Clarkesville, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:

SR 9. By Senators Greene of the 26th and Robinson of the 27th: A resolution commending the Honorable Tommy Olmstead.
The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:
SR 3. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th: A resolution relative to officials, employees and committees of the Senate.
The Senate Committee on Rules offered the following amendment:
Amend SR 3 by striking from Part I the following: "(g) One Pass Distributor, to be compensated in an amount not to
exceed $32.00 per diem.", and inserting in lieu thereof the following:
"(g) One Pass Distributor, to be compensated in an amount not to exceed $40.00 per diem."
On the adoption of the amendment, the yeas were 45, 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:

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Those voting in the affirmative were Senators:

Allgood
Ballard Barker Barnes Bell
Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Bryant Cobb Coleman Coverdell
Deal Dean Eldridge

English
Engram Evans Fincher of 52nd Fincher of 54th
Foster Garner Gillis Greene Hill Holloway
Horton Howard Hudgins Hudson
Kennedy Kidd Lester

Littlefield
McGill McKenzie Reynolds Robinson
Scott Starr Stumbaugh Summers Sutton Tate
Thompson Timmons Trulock Turner
Tysinger Walker Wessels

Those not voting were Senators Land and Stephens (excused).
On the adoption of the resolution, the yeas were 54, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The President introduced Mr. Bobby Cox, Manager of the Atlanta Braves Baseball Team, who briefly addressed the Senate and introduced Mr. Ernie Johnson, I he team's announcer, who introduced the individual team members to the Senate.
Senator Allgood of the 22nd moved that the Senate recess at 10:30 o'clock A.M. until 11:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State message by His Excellency, Governor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
The hour for convening of the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 5, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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49

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

I'd like to depart a bit from the traditional format for a State of the State address by deferring until the budget message a full recitation of our successes of the past year, and our needs and shortcomings in each area of government for the year ahead. Because if we don't make progress in what I am going to talk about today, then anything I outline to you in the budget won't much matter 20 years from now to the ladies and gentlemen who will be occupying your seats and mine.

Today, I'd like to discuss what I believe all Georgians hate and are thoroughly sick of. The Georgia people hate what this cruel and seemingly endless inflation is doing to them, and they are sick of government which helps create inflation by waste and inefficiency, and which adds to inflation's ravages through higher taxes, irresponsible policies, and disruptive, contradictory responses to our economic problems.

Our people have seen inflation cause prices to double in just ten years. Their take-home pay. ... in real dollars. . . .has slipped back to what they were making in 1972. Yet, what you could buy in 1972 for about one dollar, now costs the average Georgian two dollars. Adequate housing is far beyond the reach of most young Georgians. Rising fuel costs have crimped an already shrinking pocketbook and have damaged many of our vital industries beyond repair. Food and clothing costs are double what they were for many commodities just five years ago.

Finally, Georgians who pay income taxes. . . .state or federal. . . .are and have been victims of a cruel, silent, secret tax increase each year as inflation exposes more and more of their incomes to higher income bracket rates. . . .while exemptions stay at virtually the same level as they were when enacted in 1955.

Along with inflation and the countless problems which attend inflation, the second great enemy perceived by the people of Georgia is unresponsive, irresponsible government. And although we in Georgia government may justifiably consider ourselves victims of Big Government in Washington, we'd just be fooling ourselves if we thought the people made any particular distinctions among federal, state and local governments in their desire to be left alone.

We can change this undifferentiated hostility to government in two ways: first, obviously enough, by setting a good example. . . .by doing everything in our power to provide a truly effective, efficient and accountable state government. Second, and equally important, we must begin to clarify and define the proper roles and responsibilities of the various levels of government in a way that our people can clearly understand.

These two tasks, in my opinion, have become virtually inseparable, because it is increasingly difficult for you and me to perform our duties successfully without first doing something to correct the rampant irresponsibility of the federal govern-
ment.

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Let me first explain why it's important to clarify the proper roles of government. Our system of federalism is no longer characterized by different levels of government performing different, specifically defined functions. State and local governments are increasingly absorbed with the implementation of national policies, whether dictated by Congress, the courts, or the bureaucracy. You and I know. . . .and the people of Georgia need to know. . . .that the federal government lost touch years ago with any notion of limitation to purely national concerns, and now routinely intervenes in state and local matters.

I am very concerned with our own shrinking power vis-a-vis the federal
government, and I am alarmed by the extent to which our limited powers and resources must be expended to implement or adjust to often irresponsible even accidental federal policies. Every day, the federal government imposes enormous obligations on states and localities with no provision for federal assistance, or even any recognition of the fiscal impact that those obligations carry.

Another disgusting and grossly inefficient federal trend is the proliferation of categorical grant programs, which now number 473 in just 29 functional areas. Of these 473 programs, the largest 19 consume 80 per cent of the total available funds for all categoricals. The largest 49 consume 90 per cent of available funds. This means that 10 per cent of all available categorical monies must fund 424 small, narrowly defined programs.

To me, no other aspect of current federal policy so graphically demonstrates the fragmented, irrational and inefficient course which federal expansion has taken. Categorical grants represent 473 isolated moments of monumental congressional resolve, frozen like fossils in a glacier of bureaucratic inertia; 473 signing ceremonies attended by representatives of thousands of interest groups which forever after regard those programs as "theirs."

During periods of fiscal restraint, these categorical grants are especially immune because of the "iron triangle" which has grown up around them. The iron triangle's three points are first, the committee or subcommittee staffs in the Congress who champion these programs; second, the bureaucrats who administer them; and finally, the professionally organized constituent groups which lobby for the programs' continuation. Whenever one of these inefficient programs is attacked or threatened, these three points close to form an impenetrable iron triangle that is cemented by greed, power and selfishness.

A good example of this irresponsibility, and of its effect on state government, can be found in Congress' reaction last fall to the insistent public demand for fiscal responsibility. Typically, in reaction to this public measure, Congress blamed the President. . . .it blamed the states. . . .it blamed everybody else. . . .and it began a harem-scarem meat-ax slashing of the most politically vulnerable budget items, regardless of national priorities.

But let no one be misled by these ballyhooed budget cuts in Congress. Despite all the claims of tough-minded fiscal restraint and all the speeches about "biting the bullet," Congress made most of its cuts not in direct expenditures of the federal

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51

government. . . .not in the hiring of bureaucrats or the exercise of those regulatory powers which make life so complicated for us all. . . .but rather in grants-in-aid to state and local governments. ... in the money we receive to perform responsibilities which, in most cases, were imposed on us by the federal government in the first place. Congressmen may boast about all the "hard decisions" they made on the budget, but in fact most of the hard decisions were passed along to you and me.
As a result of these buck-passing congressional actions, many federal dollars we received last year will no longer be forthcoming. In Education, Georgia lost over $17 million in school lunch funds and over three-quarters of a million dollars for centers for the severely emotionally disturbed.

In Human Resources, funds for family health and tuberculosis control, for health grants-in-aid to counties, in Community Mental Health and Drug Abuse Centers all these funds and more are gone.

In Community Affairs, the State Crime Commission was abolished; substantial funds were slashed from Offender Rehabilitation, Pardon and Paroles, Natural Resources. . . .and I could go on and on.

Most importantly, we lost $50,800,000 in Federal Revenue Sharing, which helped fund teacher retirement. From what we have been able to learn so far, the State of Georgia has lost a total of more than $ 124,883,000 in federal funds.

In short, Congress did three things to us. First, it cut almost all programs in which the states had some degree of flexibility, such as revenue sharing. Second, it passed-the-buck by cutting vulnerable state services, many of which are mandated by federal law, because it knew we had to continue them. Finally, in several cases, it changed the rules of the game in mid-stream. For example, this year we have to pick up an additional $2,465,000 in Medicaid costs because the matching-ratio was changed by Congress.

Because of this iron triangle in Washington, special interest aid still flourishes, and I am not aware of a single federal bureaucrat who lost his job due to these cutbacks. Congress has done nothing thus far but talk about ways to alleviate directly the injustices of inflation. So in addressing the problems facing Georgia during the next year, we start off at the losing end of a $ 124 million shell-game with which the budget cutting-magicians of Washington have tried to fool our people.

With this background, I hope you and all Georgians agree that it's time to sort out the proper roles and responsibilities of government, so that people can clearly
understand what level of government should be held accountable for the management and expenditure of their tax dollars.

I said earlier that our response to inflation and economic dislocation and to the need for fiscal restraint could and should be more responsible than that of Congress. . . .and as long as I am Governor. . . .and you ladies and gentlemen are in this

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legislature. . . .this is one state government that wi// be more responsive and responsible.

I don't claim that we are perfect. Far from it. But we have made remarkable progress that merits some trust and good faith .... that merits some exception when people say they are sick of government.

In the last six years, we have completed our interstate system ahead of schedule. We have made tremendous strides in economic growth and development. We've become international in our outlook. Movies are being made in our hometowns. Our children have better and higher paid teachers and the quality of our education has improved markedly. We have a tremendous kindergarten program, rapid transit, expanded ports, better public health care and recreation facilities, and on and on. These are state government provided or supported services and benefits, and they have been made possible by this General Assembly with the framework of a balanced budget.

Contrast our record with what Congress has done of late, with its unlimited money printing presses and all the discipline one could find in 535 minnows in a bucket.

And now it's the state's turn to respond to the recent actions of the federal government. It's time to demonstrate that government can be respected. But let me tell you first what I hope we are not going to do. We are not going to wail and moan about this lost federal aid. Neither are we going to ignore needed services which were funded by these lost funds. We are not going to pass the buck to some other level of government. And finally, we are not going to let Congress take its feet from the fire and claim that willy-nilly across-the-board program cuts satisfy its duty to eliminate waste and inefficiency on the Potomac.

It is my great hope that we. . . .you and I. . . .are going to do what Congress should have done reevaluate every aspect of our budget and establish careful priorities. . . .and in so doing, we are going to pick up the federal slack in those programs which are truly needed by our people. We are going to stand on our own feet, without this federal aid, and instead of crying about inflation and recession and looking to others for help, we are going to do something about it.

With your help, we are going to enact the first major revision of our state income tax laws in 25 years by increasing the amounts of personal exemptions, allowances and deductions now in effect.

This tax reform. . . .phased in over a three-year period and perhaps extended thereafter. . . .will be in addition to the $75 million program of property tax relief now being funded for the second straight year through the State Board of Education, and which, incidentally, I am also recommending be continued again next year for the third time.

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The new state tax relief program I am proposing would expand the portion of individual incomes shielded from taxation by increasing in a three-step annual sequence personal exemptions. . . .exemptions for dependents. . . .allowances for the aged and the blind. . . .the standard deduction. . . .and a low income credit. We haven't expanded our exemptions, allowances and deductions except for a slight adjustment of the dependent's deduction since 1955, and take home pay for the average Georgian has been steadily eroded. We haven't addressed what inflation is doing to the incomes of married working couples. Now is the time to do it.

If enacted, the income tax relief would amount to $57 million in 1981. . . .$77 million in 1982. . . .and $97 million in 1983. . . .or total tax relief of $231 million over a three-year period.

Every Georgian who now pays any amount of state income tax will get some relief. Details of this program will be outlined Thursday in my budget message to you.

While tax relief will be a major step in our response to the economic problems which beset our people, we must also exercise an unusual degree of care in allocation resources to traditional areas of concern. This allocating process will require a great deal of flexibility with, and wise management of, the limited resources available to us in these troubled and confusing times.

Although it often seems that the same programs need attention year after year. . . .that some problems never go away. . . .those of us in this room know that, in most cases, the dimensions of the problems today are drastically different.
Public education provides an excellent example of the manner in which the dimensions of problems change within program areas. Although the birth rate and the number of school-aged children have declined, average daily attendance in our public schools has actually increased slightly over the past 20 years.

But higher attendance and increased target populations require money. Likewise, college enrollment is stabilizing, but there are internal shifts, including a greater emphasis on graduate studies, which are going to require additional state dollars.

While we were progressive in completing our original principal interstate highway routes early with state bond funds which have since been totally refunded, with interest many of our interstate highways are now showing wear and tear from hard usage over the years. This is going to require a new program of resurfacing.

In an effort to reduce the consumption of foreign oil, Georgia motorists are using less gasoline. They have been so conservation-minded that motor fuel tax collections, which are based on 7V4 cents per gallon, have been going down for a yearand-a-half. While this is good for our nation, it is insufficient for highway financing.

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Economic development is great in producing jobs and bringing in new revenues for local governments. The other side of the coin is that it spawns a wide range of local needs such as improved water and sewer facilities. These needs are expensive.

The cost of health care is the fastest-growing expenditure of government. In fiscal year 1979 health care was estimated to have cost the state about $435 million. Expenditures will be in the neighborhood of $575 million in fiscal year 1982.

Health care is now consuming about 17 per cent or about one-sixth of the state budget. We must begin to address this problem, both at the federal and state levels.

There is another problem in connection with health care that particularly concerns me that is, the lack of sufficient doctors in rural areas while at the same time there is an over-supply of specialists concentrated in urban areas. In Georgia, 117 counties have been identified as medically underserved. Also, 81 counties show decreases in the rate of private physicians per 10,000 population from 1974 to 1980.

We have encouraged and supported the development of primary health care centers to increase the availability of quality care in areas where there are few or no doctors. And we have rapidly increased the Family Practice Residency Program in an effort to lure more doctors into serving in our rural areas.

With your assistance, we will be continuing our efforts toward this problem in the next two years.

Our prison system continues to be a major problem. While the prison population rises, we also face a court order to make improvements. During my years in office, we have committed almost $100 million to build new prisons or modernize our old facilities, and another $ 12 million will be needed to complete our work.

But instead of putting our total emphasis on incarceration, we are trying to seek alternatives to incarceration through the opening of more diversion centers and transition centers. As long as our crime rate remains high, we must incarcerate a large number of individuals, but we want to rehabilitate those inclined to rehabilitation and take the burden off of our prisons. It costs $36,000 a bed to build prisons, but only $7,800 per bed to build a diversion center.

One of our proudest achievements is in the area of attracting international investment to Georgia. But we have not done as much as we can to encourage export of more Georgia products. This year we plan to launch a major new export promotion program, which hopefully will stimulate a large number of our businesses and industries to explore the tremendous potential of foreign markets.

I believe we can accomplish all of these things and more. Together, we've tackled equally difficult tasks in the past.

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Unfortunately, we also continue to administer with knee-jeck obedience the burdensome, ill-conceived, overlapping, confusing and often wasteful federal programs. We have to fight daily with the bureaucrats on the Potomac, who dream up rules to run our live as they see fit.

I don't mind. . . .you don't mind. . . .the Georgia people don't mind accepting responsibilities as long as we clearly understand them. We don't mind being held accountable for our actions, as long as we can have total control over those actions. But from this day forth, I am absolutely unwilling to sit back and have this legislature. . . .this state government. . . .or our people take the blame and abuse for problems generated, controlled, and exacerbated by the federal government.

I am fed up with being on the spinning end of the federal yo-yo, especially when we don't know who in Washington is pulling the strings. Moreover, I'm convinced that state government can not only earn the respect of our people, we can also collectively begin to straighten out the federal government.

In August of 1980 at the annual meeting of the National Governors' Association, the governors adopted the reform of the federal system as their top priority.

To me, federalism reform does not reflect the old notion of "states' rights" and all the political baggage that term carries. Rather, the nation's governors are calling for a restoration of the balance of powers among levels of government in our federal system and a clarification of accountability in carrying out our separate functions.

We in state government are not simply upset at our own loss of power. We are upset that federal intrusion into purely local and state matters, federally mandated responsibilities on state and local governments for purely national matters, and the insatiable federal appetite for new revenue sources, are all making it nearly impossible for us. . . .as governors or legislators. . . .to fulfill our own, independent duty to the people. And it behooves me to warn the people of Georgia that their dream of being free from government domination of their lives will not be realized unless something is first done to untangle the Gordian knot of different levels of government in this country.

Yet, it is not my purpose here today to cast all blame on the federal government.

I recognize clearly that there is no simple solution to sorting our proper governmental roles and responsibilities. We cannot overnight undo what has evolved over 40 to 50 years.

I am very encouraged by the attitude of President-elect Reagan on many of the issues we are concerned about, and this state government intends to work diligently and closely with him in preparing remedies to our problems. This pledge of close

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cooperation with the President-elect clearly trancends party lines and factional politics because we are concerned with and unanimously committed to maintaining the vitality and viability of states as they were constitutionally conceived.

On the other hand, as a start. . . .and as a matter of survival. . . .1 believe that governors and legislators must lay aside any differences that we may have in the state houses and join together in a common effort toward restoring balance and understanding in our federal system regardless of the party controlling the White House or either House of Congress.

We can assert our new found "independence," certainly not to pull away from the nation, but rather to lead it. Working together, we can make Georgia an example to the country by recovering the federal fumble.

In November, at an historic meeting, the executive committee of the National Governors' Association and the steering committee of the National Conference of State Legislatures met to adopt a common agenda for federalism reform. At that meeting, we cast aside the notion that our destiny is in the hands of the federal government. We refused to accept the notion that state officials should become
only clerks of the federal establishment.

Today I ask you to join with me in carrying out the national agenda we have adopted. I want you to join me in petitioning Congress by resolution to enact legislation which will establish a process for categorical grant consolidation and a reduction of the number and cost of categorical grants.

I ask you to join me in support for enactment of fiscal note legislation which would require estimation, in advance, of the costs imposed on state and local governments in carrying out any federal mandates.

Moreover, at the meeting between the governors and state legislators, we agreed that it's time for all state officials to talk frankly with our senators and congressmen about the proper roles and responsibilities of the federal, state and local governments. For example, at the height of the invasion of Afghanistan, with inflation running rampant, I don't believe it was a proper federal function of the Congress to be discussing whether or not funds ought to be made available for jellyfish
control.

Let me stress that no governor in this country. . . .to my knowledge. . . .has a
closer rapport and working relationship with his congressional delegation than I do. And I know from talking with you, that our members in Congress have been most responsive to the individual problems we bring to them. What we have not done is talk to our delegation together. . . .on the big picture. . . .and on how we can improve tripartite cooperation and coordination among the three levels of government.

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Thus, to begin this national sorting out process in the near future, I intend to ask the legislature, the Georgia Municipal Association, and the Association County Commissioners to join me in an invitation to all members of our congressional delegation to return to Georgia for a state convocation on federalism. Similar convocations will be held in every state.

Finally, I ask you to join me in a petition to Congress urging the passage of the so-called Ervin Bill as a constitutional amendment. This bill would forever remove the cloud of uncertainty that shrouds the states' ability to call a constitutional convention under Article V of the Constitution.

Presently, if a constitutional convention were called by the requisite number of states, total chaos would likely reign. Frankly, unless the roles of government are clarified through negotiation with Congress, I fear that a convention is inevitable, as a last resort. We must be prepared to face an eventuality.

I know there are those who think the actions of one state will make no difference. Let me stress that we are not alone throughout this nation, state governments are just as frustrated as we are. And there are powerful forces equally delighted with the status quo those who thrive, like vultures, on government waste and inefficiency who want our collective efforts to fail.

But I believe we will succeed because the people of this state and this country want to understand their government. . . .they want their money's worth. . . .and they want to once again be proud of what they see us do in their behalf.

These are challenging days ahead, and together. . . .because the people are on our side. . . . will meet those challenges successfully and responsibly.

Thank you and Happy New Year to you and to all Georgians.

Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 14, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 House:

HR 17. By Representatives Richardson of the 52nd, Wilson of the 19th, Hawkins of the 50th and others:
A resolution urging the Department of Human Resources to establish as a high priority primary prevention of the areas of mental illness and mental retardation and the promotion of mental health.

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

SB 36. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Revenue Bond Law," as amended, so as to remove the limitation on the maximum interest rate which may be borne by revenue bonds; to authorize the governing body to set the interest rate.
Referred to Committee on Banking, Finance and Insurance.

SB 37. By Senator Barnes of the 33rd:
A bill to amend Code Section 30-207, relating to alimony for children on final trial and liability for necessaries, as amended, so as to authorize the trier of facts to require the person required to provide permanent support to obtain life insurance.
Referred to Committee on Judiciary.

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SB 38. By Senator Barnes of the 33rd:
A bill to amend Code Title 68C, known as "The Motor Vehicle Safety Responsibility Act," as amended, so as to change a definition; to provide for the minimum amount of liability insurance or bond required. Referred to Committee on Banking, Finance and Insurance.

SB 39. By Senator Barnes of the 33rd:
A bill to amend Code Section 72-201, relating to authorization and procedure for abatement of nuisances generally, as amended, so as to provide for proper venue for the abatement of nuisances as provided in said Code Section.
Referred to Committee on Judiciary,

SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, as amended, so as to change the definition of the offenses of insurrection and inciting to insurrection.
Referred to Committee on Judiciary.

SB 41. By Senator Barnes of the 33rd:
A bill to repeal an Act known as the "Unfair Cigarette Sales Act," as amended; to provide for a statement of purpose. Referred to Committee on Judiciary.

SB 42. By Senator Barnes of the 33rd:
A bill to amend Code Title 103, relating to suretyship, as amended, so as to abolish the distinction between contracts of suretyship and guaranty; to change certain definitions. Referred to Committee on Judiciary.

SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," as amended, so as to redefine the term "public sale". Referred to Committee on Judiciary.

SB 44. By Senator Barnes of the 33rd:
A bill to amend an Act providing for the registration of trade names, partnership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, as amended.
Referred to Committee on Judiciary.

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SB 45. By Senator Barnes of the 33rd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the provisions relating to the penalties for the violation of Code Section 22-5105, prohibiting corporations from contributing to influence official actions.
Referred to Committee on Judiciary.

SB 46. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972," as amended, so as to provide that the director of the Georgia Forestry Commission, rather than the commissioner of Natural Resources or his designated representative, shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.
Referred to Committee on Governmental Operations.

SB 47. By Senator Barnes of the 33rd:
A bill to amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation so as to repeal the provisions relating to suits against the State Division of Conservation or any of the departments thereunder and the law relating thereto.
Referred to Committee on Natural Resources and Environmental Quality.

SB 48. By Senator Barnes of the 33rd:
A bill to repeal Code Section 38-413, relating to material facts discovered by a confession. Referred to Committee on Judiciary.

SB 49. 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 Corrections 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 courtimposed confinment satisfied by earned time allowances.
Referred to Committee on Offender Rehabilitation.

SB 50. 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 Corrections 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 sentence.
Referred to Committee on Offender Rehabilitation.

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SB 51. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-302, relating to the definition of consideration, so as to change the definition of consideration; to provide for other matters relating thereto.
Referred to Committee on Judiciary.

SB 52. By Senator Barnes of the 33rd:
A bill to amend Code Section 95A-601, relating to the right to acquire property for public road and other transportation purposes, so as to change the maximum period of time within which property may be acquired for future public transportation purposes.
Referred to Committee on Transportation.

SB 53. By Senator Kidd of the 25th:
A bill to amend Code Section 88-2401, relating to compensation of state employees contracting tuberculosis or infectious hepatitis, so as to change the provisions relating to compensation.
Referred to Committee on Governmental Operations.

SB 54. By Senator Kidd of the 25th:
A bill to amend an Act relating to the provision of liability insurance for state employees, officers, and officials, as amended, so as to allow reimbursement for legal fees and expenses incurred in the successful defense of certain criminal actions against state employees, officers, and officials.
Referred to Committee on Governmental Operations.

SB 55. By Senator Kidd of the 25th:
A bill to amend an Act providing for a health insurance plan for state employees, as amended, so as to provide for participation in health insurance by certain employees and former employees and their spouses and their dependent children and the terms and conditions connected therewith; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 56. 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 require departments to employ certain employees involved in a reduction in force under certain circumstances.
Referred to Committee on Governmental Operations.

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SB 57. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensation.
Referred to Committee on Governmental Operations.

SB 58. By Senator Foster of the 50th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to allow employees of the State of Georgia who were formerly employees of the North Georgia Mountains Authority to purchase credit for previous employment service with the North Georgia Mountains Authority.
Referred to Committee on Retirement.

SB 59. By Senator Foster of the 50th:
A bill to amend an Act providing moving expenses for state employees transferred by their departments so as to provide for conditions under which a prorata portion of expense reimbursement may be recovered by a department.
Referred to Committee on Appropriations.

SB 60. 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 provide for calculation and payment of benefits to surviving spouses of judges and requirements, qualifications, and proceedings related thereto.
Referred to Committee on Retirement.

SB 61. By Senator Fincher of the 54th:
A bill to amend Code Section 32-903.1, relating to certain persons not being eligible to serve on county boards of education, so as to change certain school board member eligibility requirements for employees of that board; to provide for applicability; to provide an effective date.
Referred to Committee on Education.

SB 62. By Senator Scott of the 43 rd:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war; to provide for the year in which the issuance of such plates shall begin; to authorize and direct the State Revenue Commissioner to design the license plate, establish procedures, and promulgate rules and regulations.
Referred to Committee on Defense and Veterans Affairs.

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SB 63. By Senators Evans of the 37th, Engram of the 34th and Tate of the 38th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to delete certain specifications relating to computing mileage from school. Referred to Committee on Education.

SB 64. By Senators Evans of the 37th and Howard of the 42nd:
A bill to amend an Act regulating the installation of grates upon public roadways so as to provide that when any public roadway is widened, resurfaced, or otherwise substantially repaired or altered, all grates shall be relocated so as to accommodate bicycles.
Referred to Committee on Transportation.

SB 65. By Senators Foster of the 50th, Lester of the 23rd and Turner of the 8th:
A bill to amend Code Chapter 91A-13, relating to county tax officials and administrative provisions, so as to require the publication of the names of certain delinquent State, county, school, and municipal taxpayers; to authorize the State Revenue Commissioner to adopt certain rules; to provide for other matters relative to the foregoing.
Referred to Committee on Banking, Finance and Insurance.

SB 66. By Senator Coverdell of the 40th:
A bill to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act," as amended, so as to change the provisions relative to the transfer of credits from the Employees' Retirement System; to change the provisions relative to disability cause by acts of external violence.
Referred to Committee on Retirement.

SB 67. By Senators Coverdell of the 40th and Bond of the 39th:
A bill 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.
Referred to Committee on Governmental Operations.

SB 68. By Senator Coverdell of the 40th:
A bill to amend an Act providing that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, where there is a local pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly.
Referred to Committee on Retirement.

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SB 69. By Senator Coverdell of the 40th:
A bill to amend Code Title 105, relating to torts, as amended, so as to provide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care. Referred to Committee on Special Judiciary.

SR 15. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for the election of one member of the Board of Regents of the University System of Georgia from each congressional district by the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district and to provide for four-year terms of office; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations.
SR 16. By Senator Kidd of the 25th:
A resolution relative to the removal of federal Judges and Justices by the legislatures of the several states. Referred to Committee on Judiciary.

SR 17. By Senator Kidd of the 25th:
A resolution to create the Joint Driver Improvement Clinic Study Committee; to provide for the duties, powers, and authorities of the committee; to provide for a report of committee findings and recommendations.
Referred to Committee on Public Safety.

SR 18. By Senator Kidd of the 25th:
A resolution to designate the Dames Ferry Bridge; to repeal a specific resolution. Referred to Committee on Public Utilities.

SR 19. By Senators Hudgins of the 15th, Bell of the 5th, Kennedy of the 4th and others: A resolution honoring the late Grady Lee Dickey and naming the Grady Lee Dickey Regional Youth Development Center.
Referred to Committee on Human Resources.
SR 20. By Senators Garner of the 30th, Lester of the 23rd, Holloway of the 12th and others: A resolution designating the J. Ebb Duncan Memorial Parkway.
Referred to Committee on Transportation.

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

HR 17. By Representatives Richardson of the 52nd, Wilson of the 19th, Hawkins of the 50th and others:
A resolution urging the Department of Human Resources to establish as a high priority primary prevention in the areas of mental illness and mental retardation and the promotion of mental health. Referred to Committee on Human Resources.
The following report of a standing committee was read by the Secretary:

Mr. President:

Your Committee on County and Urban Affairs 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 26. Do pass.
SB 27. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

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

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman
Deal Dean Eldridge
English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Howard Hudson Kennedy
Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Starr Summers Sutton Thompson Trulock Turner
Tysinger Walker Wessels

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Those not answering were Senators:

Ballard Bell Bond Coverdell Evans

Hill Horton Hudgins Scott

Stephens (excused) Stumbaugh Tate Timmons

Senator Greene of the 26th introduced the chaplain of the day, Reverend James W. Waters, of Jimmy Waters Ministries, Inc., Macon, Georgia, who offered scripture reading and prayer.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 10:15 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 15, 1981

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

Senator Barker of the 18th 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 70. By Senators Stephens of the 36th, Wessels of the 2nd and Gillis of the 20th:
A bill to amend Code Section 26-1704, relating to bad checks, as amended, so as to change the penalty provisions relating to the criminal issuance of a bad check.
Referred to Committee on Judiciary.

SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continuing education as a prerequisite for the renewal for licenses of insurance agents, solicitors, brokers, counselors, and adjusters.
Referred to Committee on Banking, Finance and Insurance.

SB 72. By Senators Lester of the 23rd and Kidd of the 25th:
A bill to amend Code Chapter 91A-36, relating to the imposition, rate, and computation of income tax, as amended, so as to provide tax credits for employing handicapped persons; to provide qualifications; to provide definitions; to provide for certifications; to provide limitations upon tax credits.
Referred to Committee on Banking, Finance and Insurance.

SB 73. By Senators Howard of the 42nd and Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitarians, as amended, so as to change the voting authority of the consumer

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member of the State Board of Examiners for Registered Professional Sanitarians.
Referred to Committee on Human Resources.

SB 74. By Senator Howard of the 42nd:
A bill to amend Code Chapter 68A-10, Subchapter B, the Handicapped Parking Law, so as to provide for institutional permits for handicapped parking; to provide penalties. Referred to Committee on Governmental Operations.

SB 75. By Senator Howard of the 42nd:
A bill to amend Code Section 32-3750, relating to service-cancelable educational loan funds, so as to authorize such loans for students in longterm health care nursing programs and provide conditions therefor. Referred to Committee on Human Resources.

SB 76. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to change certain provisions on time limitations on claims.
Referred to Committee on Human Resources.

SB 77. By Senator Barnes of the 33rd:
A bill to amend Code Section 68A-1507, relating to treating offenses either as state or local offenses, so as to provide that the citation charging a violation of an ordinance shall be deemed to have been an arrest charging the defendant with a violation of a State offense.
Referred to Committee on Judiciary.

SB 78. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System," as amended, so as to change the provisions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; to change the provisions relative to senior judges.
Referred to Committee on Retirement.

SB 79. By Senator Barnes of the 33rd:
A bill to provide procedures for the prevention of domestic violence; to define the term "domestic violence"; to provide procedures in connection with the filing of petitions; to provide for protective orders and temporary ex parte orders; to provide for enforcement of orders; to provide for assistance by law enforcement officers.
Referred to Committee on Judiciary.

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SB 80. By Senators Cobb of the 28th 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; to provide for postmarks as proof of timely submission of documents.
Referred to Committee on Public Safety.

SB 81. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to amend Code Section 68-201, relating to the registration and licensing of motor vehicles, as amended, so as to provide a penalty for failure to register a new or used motor vehicle, trailer, truck, truck- tractor, or motorcycle within a certain time limit.
Referred to Committee on Public Safety.

SB 82. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to amend Code Chapter 26-18 of the Criminal Code of Georgia, relating to theft offenses, as amended, so as to change the penalty provisions relating to certain crimes of theft; to provide the punishment for the offense of motor vehicle theft and related offenses.
Referred to Committee on Public Safety.

SB 83. By Senators Cobb of the 28th and English of the 21st:
A bill to amend Code Chapter 105-18, relating to defenses against torts, as amended, so as to provide immunity from liability for care, assistance, or advice relating to certain dangerous incidents involving compressed gases; to provide for exceptions.
Referred to Committee on Judiciary.

SB 84. By Senators Foster of the 50th, Stumbaugh of the 55th, Land of the 16th and others:
A bill to amend an Act providing for the establishment of a special training program within the State Department of Education to provide quick start training to meet the employment needs of industry so as to provide for training programs pursuant to annual contracts or agreements between the State Board of Education and private industrial or business firms.
Referred to Committee on Education.

SB 85. By Senator Hudgins of the 15th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act," as amended, so as to change the time price differential on revolving accounts.
Referred to Committee on Industry, Labor and Tourism.

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SB 86. By Senator Hudgins of the 15th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act," as amended, so as to change the time price differential on retail installment contracts; to provide for certain editorial changes.
Referred to Committee on Industry, Labor and Tourism.

SB 87. By Senators Holloway of the 12th, Allgood of the 22nd and Gillis of the 20th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to change the provisions relating to the compensation of the Speaker of the House of Representatives; to provide an effective date.
Referred to Committee on Appropriations.

SB 88. By Senators Holloway of the 12th and Allgood of the 22nd:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowances of certain officials; to provide for matters relative thereto; to provide an effective date.
Referred to Committee on Appropriations.

SB 89. By Senators Holloway of the 12th and Allgood of the 22nd:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowance of certain officials; to provide for matters relative thereto; to provide an effective date.
Referred to Committee on Appropriations.

SB 90. By Senators Holloway of the 12th and Allgood of the 22nd:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowances of certain officials; to provide for matters relative thereto; to provide an effective date.
Referred to Committee on Appropriations.

SR 21. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Board of Regents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Higher Education.

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SR 24. By Senators Robinson of the 27th, Barker of the 18th, Stumbaugh of the 55th and others:
A resolution proposing an amendment to the Constitution so as to create within the General Assembly, a Joint Committee for Review of Administrative 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.

The following report of a standing committee was read by the Secretary:
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 11. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman
The following bills of the Senate were read the second time:
SB 26. By Senator Timmons of the 11th: A bill to create and establish a Small Claims Court in and for Quitman County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court.
SB 27. By Senator Timmons of the 11th: A bill to create a Small Claims Court of Miller County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; to prescribe the jurisdiction, the pleading, practice and service of process therein.

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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 Bowen Brannon Brantley Brown of 47th
Bryant Cobb Coleman Coverdell
Deal Dean English Engram

Evans Fincher of 52nd
Foster Garner
Gillis Greene Holloway Horton Howard
Hudgins Hudson Kennedy Kidd
Land Lester Littlefield McGill

McKenzie Reynolds
Robinson Scott
Starr Stumbaugh Summers Sutton Tate
Thompson Timmons Trulock Turner
Tysinger Walker Wessels

Those not answering were Senators:

Bond Broun of 46th

Eldridge Fincher of 54th

Hill Stephens (excused)

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.

The following resolution of the Senate was read and adopted:

SR 22. By Senators Broun of the 46th, Gillis of the 20th and Holloway of the 12th:
A resolution in memory of Dean William Tate.

Senator Allgood of the 22nd moved that the Senate recess at 10:35 o'clock A.M. until 11:45 o' clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the Budget message by His Excellency, Governor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing the Budget message by His Excellency, Governor George Busbee, was call-
ed to order by the President of the Senate. HR 6, authorizing the Joint Session of the
Senate and House, was read by the Clerk of the House.

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73

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

Ten days ago, I appeared before the House and Senate Appropriations Committees and outlined amended state budget recommendations for fiscal year 1981 now just past the midway point. Today it is my pleasure to discuss budget proposals for fiscal year 1982, beginning July 1.

Before discussing the specific details of the 1982 budget recommendations, I think it would be worthwhile to put both budgets into perspective as they relate to each other.
My recommendations for the remainder of this fiscal year are based on financing a backlog of construction projects in which the General Assembly has already demonstrated an interest and in meeting the essential needs of state government that were not anticipated a year ago.
For fiscal year 1982, my proposals focus on tax relief. . . .cost of living raises. . . .providing funds to help state agencies cope with inflation and some improvements in existing programs. There are no major new programs in my recommendations, and in 1982 there is very little capital outlay.
Since I outlined the amended budget, the pros and cons of bond financing for urgently needed construction projects have been a hot topic of discussion. The discussion at this point needs a little historical perspective. In looking at the amended budget recommendations for 1981, we first should examine closely what you and I together have been able to accomplish.
If there has ever been an area of state government in which the lid has been screwed down and sealed, it has been in the area of holding the line on the number of state employees and keeping bonded indebtedness under control.
When I took office, the bonded indebtedness stood at a level of 7.98 or in round figures, 8 per cent. If all of the projects that I have recommended for this year were approved, our debt service would stand at only 4.9 per cent of the prior year's treasury receipts, and this would decrease to 4.5 per cent in 1982.
Not only have we almost eliminated the issuance of bonds in the last few years, but we have cut down severely on the number of capital projects, many of which are long overdue and desperately needed.
Let's take a look at the capital outlay items we are considering for bond financing at this time. With the exception of the recommendations that I am making to improve our port facilities the principal and interest for which will be repaid by

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earnings from the ports and not with tax dollars we are recommending the goahead for projects which you have already approved in legislation or through planning and design funding in earlier budgets.

I am requesting $80 million to double the size of the World Congress Center in Atlanta, and you have already approved this project by authorizing $10 million in the existing budget. The existing budget also contains preliminary funding for the $10.8 million Gwinnett Area Vocational-Technical School. The General Assembly has already signified its interest in proceeding with a modern, well-equipped Public Safety Training Center, for which I am recommending $23 million in capital outlay funds. With your approval, the planning and design work has already been accomplished for a $ 12.4 million GBI complex and new state crime laboratory.

The only other capital outlay items we are recommending with bonds are for $80 million for public schools and $40 million for University System construction.

A needs survey in public schools which you authorized indicates that we could spend over a billion dollars on public school construction and still not meet all the needs. When you look at this survey, $80 million is a mere pittance.

I ask that you examine the public school and University System building needs in your own districts and determine for yourselves where you would cut.

Let me reiterate that planning and design has been completed on these nonschool projects under prior authorization of the General Assembly and inflation in the construction industry continues to outpace the general rate of inflation in the economy. I ask that you consider what the cost of these projects would be if we waited until cash became available to proceed. I ask you to use sound business judgment in deciding whether these agencies should be denied these improvements and the space these projects would provide while we attempt to accumulate the cash in the face of inflation and competing needs for funding.

Not only have we had a moratorium on bonds in recent years and paid cash for construction projects when cash was available, but we went a dramatic step further than the normal payment on our bonded indebtedness. We took the advanced interstate construction payback money we received from the Federal Highway Trust Fund and actually retired old school bonds. This is why we can proceed with the projects I have just outlined and still be committed for bonds to only 4.5 per cent of
prior year's revenues instead of the 7 per cent which existed when I took office.

Finally, I ask that you bear in mind our triple A rating on the bond market which invariably brings us the most favorable interest rate of any government enti-
ty in the country. . . .and the fact that leading economists in the state have publicly declared that financing these needs through bonds is wise and sound in this economy.

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75

For fiscal year 1982,1 am proposing a budget totaling $3,419,011,890.45 an increase of $379,590,933.45 over the current 1981 budget. My recommendations do not include the proposed income tax relief program as a budget item. I have, however, adjusted my revenue estimate to take into consideration the loss of $74 million that would be required to provide income tax relief from this past January 1 until June 30, 1982.

So everyone can easily understand what is involved, I have projected revenue collections both under the present tax laws and under revised tax laws.

If we make no change in individual income tax laws, revenue collections in 1982 would total $3,423,000,000 an increase of 12.2 per cent over the revised estimate for 1981. If the General Assembly approved the income tax relief program, the state will collect $3,352,500,000 an increase of 9.9 per cent over the revised 1981 estimate.

I want to caution, however, that you must consider both the supplemental budget and the F.Y. 1982 budget together. To be able to provide tax relief and pay raises, it is imperative that the General Assembly carry forward into 1982 the surplus of $66.5 million that my budget recommendations envision at the end of the current fiscal year. If this money is spent this year, tax relief and pay raises would
be jeopardized.

It has been 25 years since we made any substantive changes in our individual income tax laws. Over that period, inflation has driven up prices so swiftly that each dollar of 1955 is now worth only 32 cents.

Under the 1955 law, an amount of income thought necessary for a minimal level of living was shielded from taxation by a set of personal exemptions. . . .dependents' allowances. . . allowances for the aged and blind. . . .and a standard deduction.

The proposal I have introduced seeks to restore exemptions and allowances so that something approaching the 1955 portion of individual income would be shielded from state income taxation. These income exclusions would be raised by between 33-V3 and 50 per cent for all Georgians who currently pay income taxes.

This three step program to grant $231 million in income tax relief is not an idea which I alone generated. I have worked very closely with the Tax Reform Commission, and have shared my concern about the effects of inflation on our income taxpayers. I have met informally with leaders of the Tax Reform Commission, who
agreed with the magnitude of the income tax relief I am recommending. They further agreed that we should place some time limitation of approximately three years
on this relief, so the General Assembly might look at the economy periodically while at the same time avoiding the necessity of passing annual income tax laws.

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There has been some difference of opinion on how much tax relief should be afforded by exemptions. . . .how much recognition should be given to large families. . . .how much should be given for married couples. . . .and how much consideration should be given for jumps in brackts resulting from inflation. These are details to be worked out, but as far as the magnitude and the need for periodic review are concerned, I think we can agree on these; principles.

There is no doubt that Georgia taxpayers are anticipating some relief from inflation in our income tax laws to put the reins on this silent tax increase they are experiencing.

The cost-of-living pay raises I am proposing will cost $144,978,201. which is 38 per cent of the total new funding in the 1982 budget. An 8 per cent salary increase would be effective September 1, 1981 for public school teachers and other instructional and support personnel, as well as the same raise for school bus drivers, effective July 1, 1981.

An 8 per cent increase would be effective September 1, 1981 for academic personnel in our University System and July 1, 1981 for non-academic personnel.

State employees would get a 7 per cent increase, with a $700 minimum, effective July 1, 1981.

Considering that inflation is still in the 12 to 13 per cent range, these are minimum increases that we should consider for our teachers and state employees.

For our public schools, I am recommending the largest sum of new money going to any agency a total of $60,525,086, excluding the pay raise fund.

Most of this increase obviously reflects inflation, and the only improvement of any major significance is $5,874,789 for compensatory education to help ninth
graders who have achieved less than 70 per cent of the reading or math objectives on the eighth grade criterion referenced tests.

I know that you are aware of the discussions about social promotions and automatic graduations. Our State Board of Education has made it clear that it is going to require that high school students pass all the competency-based high school graduation requirements if they are to receive a diploma. In Florida and other states, there have actually been court decisions ordering remedial instruction if social promotions are to be eliminated. The class of 1985, our eighth graders of today, will be the first to fulfill all these requirements on attendance, Carnegie units and demonstrated competency in adult life skills, as learner, individual, citizen,
consumer and producer.

The funds I am proposing will provide additional instructional help to those ninth graders in fiscal year 1982 so that they will have a better opportunity to meet

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77

the examination aspect of the competency-based graduation. Legally and morally, it is necessary for us to provide this compensatory education if we are going to require these competency-based tests for graduation.

To help meet the cost of inflation and provide improvements, I am also recommending for our public schools $9,532,000 to increase maintenance and operations funds from $1,800 to $2,000 per state allotted instructional unit. . . .an increase in instructional media from $400 to $450 per unit. . . .$6,596,692 to provide a number of improvements in vocational education. . . .$6,987,482 for increased pupil transportation expenses and $925,144 to purchase new buses. I am also recommending $1,666,375 to fund 110 special education vacancies.

Also, the $75 million in property tax relief started in fiscal year 1980 is being continued and is channeled to local boards of education through the State Board of Education.

For the University System, I am recommending an increase of $31,042,795, with most of these funds allocated to the formula which provides a lump sum appropriation for direct operation of the state's 33 colleges and universities.

One improvement item is $1.7 million in state funds to be added with federal government and Georgia Tech funds to construct a $5.1 million Advanced Technology Development Center near Georgia Tech.

For the state's Aid to Families with Dependent Children Program, I am recommending $7,664,025 in state funds to increase the present standard of need payments from 85 to 95 per cent. For a family of four, this would represent an 11.9 per cent increase in benefits. Besides the benefits increase, these funds would also provide for a continuing growth in the number of AFDC recipients.

Also, for the Department of Human Resources, I am recommending $2,245,000 for renovations to the Gracewood State School and Hospital to meet ICF/MR standards.

For 1982, I am recommending that the state's mental health budget be increased over $12.2 million from its current 1981 level. Included in this increase are a number of improvements which I feel are vital to the further advancement of Georgia's mental health and mental retardation services.

To help meet problems in our prisons and comply with a court order to improve the conditions of our institutions, I am recommending a budget increase of $14,132,034 for the Department of Offender Rehabilitation. These are basically program increases that complement my recommendations in the amended 1981 budget for a cash outlay of $31.3 million for construction projects.

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It will be necessary that we fund two new prisons that recently opened in Savannah and Atlanta. The first full year funding in 1982 will require appropriations of $4,743,716 to house 1,219 inmates.

Medicaid is one of the fastest rising programs in state government. It is necessary for me to request the appropriation of $200,253,912 in 1982 to operate this program. When combined with federal funds, the total cost of Medicaid next year will be $641,152,137. The state portion of 1982 expenses represents an increase of $32,462,239 over the present Appropriations Act before any supplemental funds are taken into consideration. It is $85,278,821 more than we spent in 1980.

When you consider that the Medicaid program was only started in 1968 with state funds of $7.8 million, the meteoric growth of this program is obvious.

Of the recommended state funds for 1982, $ 195,752,900 are for benefits. This is an increase of 19.4 per cent over fiscal year 1981. The increase is primarily due to rising costs of medical care, increased utilization of services and a reduction in federal financial participation.

That reduction translates into $2,465,000 in additional state funds required in 1982 for the same level of service. If the federal government had retained its same participation rate that was in effect when Medicaid started in 1968, Georgia's share of the program would be $40 million less next year. These are funds that could hve been spent on other programs.

Through a combination of additional user fees and new state funds, we are proposing substantial increases in services provided our citizens by the Department of Natural Resouces. Of an increase of $8,845,413 in the department's budget for 1982, some $4.5 million would come from increased user fees, including a proposal before the General Assembly to increase hunting and fishing license fees by $3.5 million.

This $3.5 million would be used to improve game and fish programs. If the fees aren't approved by the General Assembly, the program improvements would be deleted from the budget. An additional $ 1 million increase already imposed by the Board of Natural Resources in new park fees would be utilized for improving services at state parks and historic sites.

Almost $3 million in the department's recommendations are actually passthrough funds. . . .including $2 million for Jekyll Island for improving existing facilities to attract more visitors. . . .and $907,788 for the Great Park Authority. Great Park funding would provide a full-time staff, $400,000 to design an amphitheater and $200,000 for intra-park transportation and security to promote public use.

Another $2 million in state funds is recommended for a major expansion at Unicoi State Park to make this park self-sufficient.

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For the Department of Public Safety, I am recommending funds to replace 249 cars, to pay for higher motor fuel costs and to add ten troopers to the metro traffic enforcement unit that patrols the interstate highways in the Atlanta Metropolitan area. By aiding the police personnel of Atlanta in this duty, it is anticipated that the city can shift the officers now assigned to this function to higher priority criminal investigation duties.

In summary, some other recommendations include:

$1,606,000 to increase tuition equalization grants from $600 to $700.

$6,377,000 to improve retirement benefits for Georgia teachers including raising the minimum retirement formula factor from 1.88 to 1.92 per cent. . . .providing automatic cost-of-living increases to retireees of local systems and raising the minimum floor for retirement benefits from $10 to $12 times the number of years of service.

$13 million to increase employer contributions to the state employee health insurance programs because of increased usage and costs of the program.

$1,346,963 to increase mileage reimbursement from 18 to 20 cents per mile due to the increased cost incurred by state employees who must use their private cars on state business.

$2,701,505.45 for increases in workers compensation payments.

In drafting my budget recommendations, there was one problem that particularly bothered me as I mentioned in the State of the State address. . . .and that is the large amount of federal funds dropping out. This problem seems to worsen every year.

In fiscal year 1982, we are losing almost $125 million in federal funds, including $50.8 million in revenue sharing. Since revenue sharing funds have been used to help pay the state's share of retirement benefits for teachers, it is necessary to supplant these with state funds.

Now I want to tell you about the remaining $74 million in federal funds that are dropping out. I told you that there are programs formerly financed by these funds which will be eliminated or drastically reduced, and that you could expect to hear some cries of anguish. You will find in my budget document that I have only recommended that you fund $8.4 million of these $74 million federal cuts.

You have heard me say many times that we are going to have to bite the bullet, but these were federal bullets that we did not mold.

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In closing, I would like to inject a word of caution about the Superior Court ruling last week relating to funding of public education in Georgia.

This decision was by a trial court and whether it will be upheld by the Supreme Court is far from being a certainty. Even if it were to be affirmed, it would not become effective, according to the terms of the order, for two years and four months from January 7.

The General Assembly has been responsible in the past in reacting to and complying with the many court decisions we have had to face.

You will recall the decision by the Supreme Court that declared unconstitutional the local option sales tax. This drastically affected the tax base of many of our cities and counties.

We had doomsday cheerleaders then who advocated the abandonment of local option sales tax.

We put together a great team of constitutional lawyers to draft a new local option sales tax. Despite the dire warnings of unconstitutionality by the doomsday
cheerleaders, you passed a new local option sales tax. The Supreme Court upheld your work, and our people will enjoy this alternative to property taxation for years to come.

I am not suggesting that you put the problem raised by this new lower court
order on the back burner, but neither do I think we ought to put all other needs of our state on the back burner either. If it is neccessary to make any changes in the funding of public education we have tow more sessions to work on the problem.

The budget proposals that I have submitted to you last week and which I am making today should be considered on their own merit. They should not be shunted aside and forgotten because we might have to consider new education funding priorities at some future date.

As we have done with all problems over the past six years, we will address the full extent of this problem when we know completely what is involved.

I'v submitted budget recommendations to you today which I feel are prudent and responsible. I know that we have not met all the state's needs and that we have not kept up with inflation in every category of state government. But neither have the taxpayers of this state, in meeting the needs of their families, been able to keep up with inflation. State government has to continue coping like ordinary people who pay their bills and don't have anything left over for frills.

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Government cannot be all things to all people, but it can strike a balance between improvements to benefit the lives of Georgians and the need to simply pay the bills in a period of unrelenting inflation.

Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

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

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Senate Chamber, Atlanta, Georgia Friday, January 16, 1981

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

Senator Barker of the 18th 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 and resolutions of the House:

HB 5. By Representative Patten of the 149th: A bill to create and establish a Small Claims Court of Lanier County.

HB 6. By Representative Patten of the 149th:
A bill to repeal an Act entitled "An Act creating a small claims court in each county of this state having a population of not less than 4,600 and not more than 5,300."

HB 41. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act creating a charter for the City of Cumming, so as to change the punishment which can be imposed by the police court.

HR 51. By Representative Murphy of the 18th: A resolution relative to adjournment.

HR 52. 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 addresses from the members of the Georgia Congressional Delegation.

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

SB 91. By Senator Kidd of the 25th:
A bill to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for notice to be provided to electors: to provide for permanency of registration, biennial revision of records, and registration; to provide for the payment of a fee for the production of an electors' list.
Referred to Committee on Governmental Operations.

SB 92. By Senator Kidd of the 25th:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, as amended, so as to provide for unlawful campaign practices. Referred to Committee on Governmental Operations.

SB 93. By Senator Kidd of the 25th:
A bill to amend Code Section 34A-519, relating to the right of registrars to reexamine qualifications of electors listed, subpoenaing of documents and witnesses, and notice of hearing to elector whose right to remain on list is questioned, so as to provide for notice to be provided to electors.
Referred to Committee on Governmental Operations.

SB 94. By Senator Kidd of the 25th:
A bill to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for the restoration of certain civil rights of persons convicted of crimes; to provide for the filing of disqualification lists with registrars.
Referred to Committee on Governmental Operations.

SB 95. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-1, relating to eligibility and qualifications to hold public office, as amended, so as to permit persons convicted of felonies to hold civil office upon restoration of their rights as provided by law; to provide that mentally incompetent persons may not hold civil office.
Referred to Committee on Governmental Operations.

SB 96. By Senators Thompson of the 32nd and Turner of the 8th:
A bill to amend Code Chapter 26-16, relating to burglary and related offenses, as amended, so as to prohibit the possession of certain precious

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metals melting equipment; to provide for presumptions; to provide for penalties.
Referred to Committee on Industry, Labor and Tourism.

SB 97. By Senator Barnes of the 33rd:
A bill to amend Code Title 66, relating to master and servant, as amended, so as to change the provisions of Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees.
Referred to Committee on Judiciary.

SB 98. By Senator Barnes of the 33rd:
A bill to amend an Act prohibiting unjust discrimination in employment because of age so as to change the upper age limit of said provision. Referred to Committee on Judiciary.
SB 99. By Senator Hudson of the 35th:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951," as amended, so as to provide for partial state funding of local civil defense organizations. Referred to Committee on Defense and Veterans Affairs.

SB 100. By Senators Gillis of the 20th, English of the 21st and Walker of the 19th:
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, as amended, so as to delete the provision which requires the proceeds derived from the sale of seeds to be paid into the general fund to the State.
Referred to Committee on Natural Resources and Environmental Quality.

SB 101. By Senators Gillis of the 20th, English of the 21st and Walker of the 19th:
A bill to amend an Act requiring notice before burning any woods, lands, or marshes and providing for other matters relative to the foregoing so as to delete the requirement that such requirement shall only apply in those counties which recommend such notice.
Referred to Committee on Natural Resources and Environmental Quality.

SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others:
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 employment of the handicapped; to provide for legislative intent; to provide a short title; to provide for definitions; to permit certain job-related

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conduct and prohibit other such conduct; to prohibit discrimination and retaliation.
Referred to Committee on Judiciary.

SB 103. By Senator Howard of the 42nd:
A bill to amend Code Section 42-302B, prohibiting certain representations relating to the sale of Kosher food, so as to remove certain exemptions relating to advertising. Referred to Committee on Consumer Affairs.

SB 104. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to provide that the disclosure of certain confidential information is unlawful; to provide a penalty. Referred to Committee on Human Resources.

SB 105. By Senators Scott of the 43rd and Lester of the 23rd:
A bill to amend Code Chapter 56-24, relating to insurance contracts in general, as amended, so as to change certain accident and sickness insurance benefit plans, policies, or contracts to provide coverage for the treatment of mental disorders to the same extent and degree as coverage provided for the treatment of physical illnesses.
Referred to Committee on Banking, Finance and Insurance.

SB 106. By Senators Scott of the 43rd and Allgood of the 22nd:
A bill to provide for the regulation of certain dealers in precious metals and stones; to provide for definitions; to require any person who operates a business as a dealer in precious metals and stones to obtain a permit; to provide for the manner of application of said permit; to provide grounds for revocation of said permit.
Referred to Committee on Industry, Labor and Tourism.

SB 107. By Senators Kidd of the 25th and Kennedy of the 4th:
A bill to amend an Act entitled "The Act Creating the Public School Employees' Retirement System," as amended, so as to provide that members of the retirement system who have at least 30 years of creditable service may retire at the age of 62 and receive full retirement benefits.
Referred to Committee on Retirement.

SB 108. By Senators Kidd of the 25th and Holloway of the 12th:
A bill to amend an Act establishing the Employees' Retirement System, as amended, so as to provide that any member who was an employee of a

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State department as reflected in the State Auditor's Report for the Fiscal Year ending June 30, 1970, who was a member of the General Assembly between January 1, 1954, and January 1, 1967, may receive membership service credit for same.
Referred to Committee on Retirement.

SB 109. By Senator Kidd of the 25th:
A bill to amend an Act providing the procedures under which surplus State property shall be disposed of, as amended, so as to delete the requirement for a monthly report; to provide for regulation of surplus property sales to and resales by political subdivisions, health or e'ducational institutions, and public corporations.
Referred to Committee on Governmental Operations.

SB 110. By Senator Kidd of the 25th:
A bill to amend Code Chapter 23-17, relating to contracts by counties and other units of government, as amended, so as to change the bond requirements for certain public contracts; to provide an effective date. Referred to Committee on Governmental Operations.

SB 111. By Senator Kidd of the 25th:
A bill to amend an Act relating to the Department of Administrative Services and matters concerning said department, which matters formerly appertained to the Supervisor of Purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without competitive bidding.
Referred to Committee on Governmental Operations.

SB 112. By Senators Evans of the 37th, Barnes of the 33rd and Coverdell of the 40th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," as amended, so as to provide for the Georgia Administrative Bulletin and the Georgia Administrative Code and for the publication of proposed rules and adopted rules of agencies.
Referred to Committee on Governmental Operations.

SB 113. By Senators Evans of the 37th, Coverdell of the 40th and Hudson of the 35th:
A bill to amend Code Section 95A-707, relating to procuring rights-ofway for the State Highway System, so as to provide for policies to provide for expenditures from the State Public Transportation Fund for the acquisition of property for urban and primary roads.
Referred to Committee on Transportation.

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SR 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that persons convicted of felonies, unless their rights have been restored, and persons adjudged mentally incompetent to vote shall not be permitted to register, vote, or hold any office, or appointment of honor, or trust in this state; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 26. By Senator Howard of the 42nd: A resolution creating a Senate Primary Health Care Study Committee.
Referred to Committee on Human Resources.

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

HB 5. By Representative Patten of the 149th:
A bill to repeal an Act entitled "An Act creating a small claims court in each county of this State having a population of not less than 4,600 and not more than 5,300". Referred to Committee on County and Urban Affairs.

HB 6. By Representative Patten of the 149th:
A bill to create and establish a Small Claims Court of Lanier County. Referred to Committee on County and Urban Affairs.

HB 41. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a charter for the City of Cumming, so as to change the punishment which can be imposed by the police court. Referred to Committee on County and Urban Affairs.

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

Mr. President:

Your Committee on Appropriations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 12. Do pass.
SB 13. Do pass.

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SB 15. Do pass. SB 18. Do pass. SB 87. Do pass.

Respectfully submitted, Senator Broun of the 46th 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 19. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

Your Committee on Governmental Operations 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 3. Do pass. SB 14. Do pass. SB 17. Do pass. SB 22. Do pass. SB 35. Do pass by substitute. SB 54. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

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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 2. Do pass.
SB 9. Do pass.

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:
Your Committee on Special 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 10. Do pass by substitute.

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:
Your Committee on Transportation 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 20. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman
The following bill of the Senate was read the second time:
SB 11. By Senator Greene of the 26th: A bill to amend Code Section 46-104, relating to additional summons of garnishment, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits.

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

SB 26. By Senator Timmons of the 11th:
A bill to create and establish a Small Claims Court in and for Quitman County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court.

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

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

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

SB 27. By Senator Timmons of the 11 th:
A bill to create a Small Claims Court of Miller County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; to prescribe the jurisdiction, the pleading, practice and service of process therein.

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

On the passage of the bill, the yeas were 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 Barker Barnes Bell Bond Bowen Brannon

Brantley Brown of 47th Bryant Cobb Coleman Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Horton Howard Hudson Kennedy
Kidd Land Lester

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91

Littlefield McKenzie Reynolds Robinson Scott Starr
Stumbaugh Summers Sutton

Tate Thompson Timmons Trulock Turner Tysinger
Walker Wessels

Those not answering were Senators:

Ballard Broun of 46th Coverdell

Evans Hill Holloway

Hudgins McGill Stephens (excused)

Senator Horton of the 17th introduced the chaplain of the day, Reverend J. E. Frazier, pastor of Mercedes Baptist Church, Albany, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 23. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others: A resolution in memory of W. Jones Lane.
SR 27. By Senator Howard of the 42nd: A resolution commending Mrs. Myrtle Brooks.
The following resolutions of the House were read and put upon their adoption:
HR 51. By Representative Murphy of the 18th: A resolution relative to adjournment of the General Assembly at 5:00 o'clock P.M. on January 23, 1981, and to reconvene at 10:00 o'clock A.M. on February 9, 1981.
On the adoption of the resolution, the yeas were 33, nays 0.
The resolution, having received the requisite majority, was adopted.

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HR 52. 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 addresses from the members of the Georgia Congressional Delegation at a date and time to be agreed upon by the members of the Georgia Congressional Delegation, the Speaker of the House of Representatives and the Lieutenant Governor.

On the adoption of the resolution, the yeas were 32, nays 5.

The resolution, having received the requisite majority, was adopted.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, January 19, 1981, and the motion prevailed.

At 10:35 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, January 19, 1981.

MONDAY, JANUARY 19, 1981

93

Senate Chamber, Atlanta, Georgia Monday, January 19, 1981

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

Senator Barker of the 18th reported that the Journal of Friday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 34. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to repeal "An Act creating a Small Claims Court in each county in this state having a population of not less than 13,160 and not more than 13,200".

HB 63. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to consolidate the offices of tax collector of Sumter County into the one office of tax commissioner.

HB 69. By Representative Cox of the 141st:
A bill to further define and prescribe the powers of the Decatur CountyBainbridge Industrial Development Authority, to supplement, enlarge and extend such powers with respect to said authority.

HB 70. By Representative Cox of the 141st:
A bill to create a new charter for the City of Bainbridge, so as to change the date for holding elections in said city and to provide for the election of the mayor and aldermen.

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HB 77. By Representative Hutchinson of the 133rd:
A bill to repeal an Act entitled "An Act to create a small claims court in certain counties of this state".

HB 32. By Representatives Beck of the 148th and Ham of the 80th:
A bill to amend Code Chapter 91A-11, relating to property which is exempt from taxation, so as to provide the manner for returning and claiming homestead exemptions which are created by Constitutional amendments which are not general amendments.

HB 17. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill providing for a health insurance plan for state employees, so as to authorize the State Personnel Board to contract with the Georgia Cooperative Services for the Blind, for the inclusion of licensed blind or severely disabled vendors within any health insurance plan.

HB 95. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, so as to change the definition of the offenses of insurrection.

HB 3. By Representatives Bolster of the 30th, Collins of the 144th, Castleberry of the 111th and others:
A bill to revise, modernize and update certain revenue laws and 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 update a reference to the Internal Revenue Code of 1954; to change the residency period required of the State Revenue Commissioner.

HB 4. By Representatives Bolster of the 30th, Dixon of the 151st, Crosby of the 150th and others:
A bill to revise, modernize, codify and update certain laws relating to alcoholic beverages; to amend Code Title 5A, known as the Georgia Alcoholic Beverage Code.

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

SB 114. By Senators Barnes of the 33rd, Allgood of the 22nd, English of the 21st and others:
A bill to amend Code Section 39-1105, relating to fees for advertising, as amended, so as to change certain fees. Referred to Committee on Judiciary.

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95

SB 115. By Senator Barnes of the 33rd:
A bill to amend an Act creating the office of Senior Judge of the Superior Courts, as amended, so as to provide for a per diem allowance at the option of the senior judge in lieu of certain reimbursable expenses incurred by senior judges of the superior courts.
Referred to Committee on Judiciary.

SB 116. By Senator Trulock of the 10th:
A bill to amend an Act known as the "Postsecondary Educational Authorization Act of 1978" so as to change the provisions relating to exemptions from the provisions of the Act; to provide an effective date. Referred to Committee on Education.

SB 117. By Senator Trulock of the 1 Oth:
A bill to amend Code Section 32-3759, relating to definitions under the provisions of law relating to tuition equalization grants, so as to change the definition of the term "approved school"; to provide an effective date.
Referred to Committee on Education.

SB 118. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to create a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide a short title; to provide for the membership of said board and the appointments thereto; to provide that the joint-secretary of the state examining boards shall be secretary of the board and to provide for his powers and duties.
Referred to Committee on Public Safety.

SB 119. By Senators Littlefield of the 6th and Barnes of the 33rd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence in general, so as to provide that when evidence of the character of a person is admissible in a civil or criminal action, the testimony of the witness may include the personal knowledge and belief of the witness as to the person's character as well as the witness's knowledge of the general character and reputation of the person.
Referred to Committee on Judiciary.

SB 120. By Senator Littlefield of the 6th:
A bill to repeal an Act entitled "An Act to create and establish a Small Claims Court in and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court."
Referred to Committee on County and Urban Affairs.

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SB 121. By Senator Hudson of the 35th:
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 prosecuting attorney and to make other changes relative to such demands for trial.
Referred to Committee on Special Judiciary.

SB 122. By Senator Hudson of the 35th:
A bill to repeal in its entirety Code Section 26-2105, relating to engaging in conduct constituting public indecency during the course of a play, night club act, motion picture, television production, or other exhibition or mechanical reproduction of human conduct and counseling persons to participate in such conduct.
Referred to Committee on Special Judiciary.

SB 123. By Senator Bell of the 5th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, as amended, so as to add two members to the board; to provide for qualifications and appointment of members; to provide for terms; to provide for vacancies; to change certain vote requirements.
Referred to Committee on Governmental Operations.

SB 124. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th, Robinson of the 27th, Foster of the 50th and Eldridge of the 7th:
A bill to create the Georgia Public Telecommunications Commission to provide for the membership on the commission, their appointment, terms of office, and the method of filling vacancies; to provide for the compensation of the members.
Referred to Committee on Governmental Operations.

SB 125. By Senator Greene of the 26th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," as amended, so as to change the number of days within which notice of a security interest must be delivered to the commissioner in order to perfect such interest as of the date of the security agreement.
Referred to Committee on Judiciary.

SB 126. By Senator Greene of the 26th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to change certain bonding requirements.
Referred to Committee on Judiciary.

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97

SB 127. By Senator Kidd of the 25th:
A bill to amend Code Section 91A-1111, relating to applications for homestead exemptions, as amended, so as to change the time for applying for homestead exemptions in certain counties. Referred to Committee on County and Urban Affairs.

SB 128. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court. Referred to Committee on County and Urban Affairs.

SB 129. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County so as to change the provisions relating to the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

SB 131. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts in certain designated counties of this state, as amended, so as to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SR 29. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.

SR 30. By Senators Lester of the 23rd, Tate of the 38th and Turner of the 8th:
A resolution proposing an amendment to the Constitution so as to exempt sales of prescription drugs from sales and use taxes; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.

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SR 31. By Senator Brown of the 47th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey to the United States Government certain tracts and parcels of State-owned property; to provide an effective date.
Referred to Committee on Public Utilities.

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

HB 3. By Representatives Bolster of the 30th, Collins of the 144th, Castleberry of the 111th and others:
A bill to revise, modernize, and update certain revenue laws and 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 update a reference to the Internal Revenue Code of 1954; to change the residency period required of the State Revenue Commissioner.
Referred to Committee on Banking, Finance and Insurance.

HB 4. By Representatives Bolster of the 30th, Dixon of the 151st, Crosby of the 150th and others:
A bill to revise, modernize, codify, and update certain laws relating to alcoholic beverages; to amend Code Title 5A, known as the Georgia Alcoholic Beverage Code.
Referred to Committee on Consumer Affairs.

HB 17. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act providing for a health insurance plan for state employees, so as to authorize the State Personnel Board to contract with the Georgia Cooperative Services for the Blind, for the inclusion of licensed blind or severely disabled vendors within any health insurance plan.
Referred to Committee on Governmental Operations.

HB 32. By Representatives Beck of the 148th and Ham of the 80th:
A bill to amend Code Chapter 91A-11, relating to property which is exempt from taxation, so as to provide the manner for returning and claiming homestead exemptions which are created by Constitutional amendments which are not general amendments.
Referred to Committee on Banking, Finance and Insurance.

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99

HB 95. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, so as to change the definition of the offenses of insurrection.
Referred to Committee on Judiciary.

HB 34. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to repeal "An Act creating a Small Claims Court in each county in this State having a population of not less than 13,160 and not more than 13,200". Referred to Committee on County and Urban Affairs.

HB 63. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax collector of Sumter County into one office of tax commissioner. Referred to Committee on County and Urban Affairs.

HB 69. By Representative Cox of the 141st:
A bill to further define and prescribe the powers of the Decatur CountyBainbridge Industrial Development Authority, to supplement, enlarge, and extend such powers with respect to said authority.
Referred to Committee on County and Urban Affairs.

HB 70. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the date for holding elections in said city; to provide for the election of the mayor and aldermen. Referred to Committee on County and Urban Affairs.

HB 77. By Representative Hutchinson of the 133rd:
A bill to repeal an Act entitled "An Act to create a small claims court in certain counties in this State". Referred to Committee on County and Urban Affairs.

The following report of a standing committee was read by the Secretary: Mr. President:
Your Committee on Governmental Operations has had under consideration the

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following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 53. Do pass by substitute.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

The following bills and resolution of the Senate were read the second time:
SB 2. By Senator Evans of the 37th: A bill to amend Code Section 3-305, relating to suits against representatives of obligors, so as to reduce the period of exemption from suit for representatives of estates from 12 months to six months; to state legislative findings and intent; to provide an effective date.
SB 3. By Senator Lester of the 23rd: A bill to amend Code Chapter 88-24, relating to rights of certain state employees, as amended, so as to provide compensation to employees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient action.
SB 9. By Senator Wessels of the 2nd: A bill to provide for and assist in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population; to provide legislative intent; to repeal specific laws; to provide for severability.
SB 10. By Senators Stumbaugh of the 55th, Thompson of the 32nd and Barnes of the 33rd: A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, so as to delete the provisions relating to transactions in drug related objects; to prohibit certain activities relating to drug paraphernalia; to provide for definitions; to provide for certain factors in determining whether an object is drug paraphernalia.
SB 12. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 32-3760, relating to tuition equalization grants, so as to provide for an increase in the maximum permissible grant; to provide an effective date.

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SB 13. 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 Medical Assistance Act of 1977," as amended, so as to provide a procedure for fixing of the salary of the Commissioner of the Department.

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for State employees, as amended, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five percent to eight percent of the total outlay for personal services.

SB 15. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the reimbursement of State employees for transportation of household goods and incident expenses incurred during a change of residence, so as to provide that the Department of Industry and Trade may reimburse an employee of that department for such transportation and expenses incurred during a change of residence to a foreign country.

SB 17. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 114-701.5, relating to the applicability of the State Merit System's rules and regulations to members and other employees of the Workers' Compensation Board, so as to provide that the compensation of the members of the Board shall be fixed by law; to provide for the procedures connected therewith.

SB 18. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, as amended, so as to change the automobile mileage allowance rate.
SB 19. By Senator Kidd of the 25th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," as amended, so as to change the definition of the term "person"; to amend Code Section 5A-2502, relating to restrictions on the number of retail dealer licenses to be issued, so as to incorporate such change into the new Georgia Alcoholic Beverage Code.

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SB 22. By Senator Kidd of the 25th:
A bill to amend Code Title 34, known as the "Georgia Election Code," as amended, so as to provide for the nomination of unopposed candidates by political parties.

SB 35. By Senator Kidd of the 25th:
A bill to amend Code Section 88-1708, relating to forms of certificates, so as to require certain information on certificates of birth.

SB 54. By Senator Kidd of the 25th:
A bill to amend an Act relating to the provision of liability insurance for state employees, officers, and officials, as amended, so as to allow reimbursement for legal fees and expenses incurred in the successful defense of certain criminal actions against state employees, officers, and officials.

SB 87. By Senators Holloway of the 12th, Allgood of the 22nd and Gillis of the 20th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to change the provisions relating to the compensation of the Speaker of the House of Representatives; to provide an effective date.

SR 20. By Senators Garner of the 30th, Lester of the 23rd, Holloway of the 12th and others:
A resolution designating the J. Ebb Duncan Memorial Parkway.

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

Allgood Ballard Barker Barnes
Bell Bowen Brannon Brantley
Broun of 46th Bryant Cobb Coleman Deal
Dean Eldridge
English Engram

Fincher of 52nd Fincher of 54th Foster Garner
Gillis Greene Hill Holloway
Horton Howard Hudgins Hudson Kennedy
Kidd Land
Lester Littlefield

McGill McKenzie Reynolds Robinson
Scott Starr Stumbaugh Summers
Sutton Thompson Timmons Trulock Turner
Tysinger Walker
Wessels

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Those not answering were Senators:

Bond Brown of 47th

Coverdell Evans

Stephens (excused) Tate

Senator Fincher of the 54th introduced the chaplain of the day, Dr. Shelton Eubanks, pastor of the First United Methodist Church, Chatsworth, Georgia, who offered scripture reading and prayer.

Senator Holloway of the 12th introduced the doctor of the day, Dr. Beverly Walker, of Albany, Georgia.

The following resolutions of the Senate were read and adopted: SR 28. By Senators Robinson of the 27th and Barker of the 18th:
A resolution expressing sympathy at the passing of John R. Haney.

SR 32. By Senators Allgood of the 22nd, Broun of the 46th, Start of the 44th and others:
A resolution to pay tribute to mayors, municipal officials and employees for their service upon the occasion of the Twenty-third Annual Georgia Mayor's Day of the Georgia Municipal Association on January 19, 1981.

SENATE CALENDAR
Monday, January 19, 1981
SIXTH LEGISLATIVE DAY
SB 11. Garnishment Proceedings provisions for automatic dismissal (Judy-26th)

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

SB 11. By Senator Greene of the 26th:
A bill to amend Code Section 46-104, relating to additional summons of garnishment, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits.

The report of the committee, which was favorable to the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson
Trulock Turner Tysinger Walker
Wessels

Those not voting were Senators:

Coverdell Holloway

Hudson Stephens (excused)

Timmons

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 10:45 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, JANUARY 20, 1981

105

Senate Chamber, Atlanta, Georgia Tuesday, January 20, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 39. By Representatives Steinberg of the 46th, Culpepper of the 98th, Walker of the 115th and others:
A bill to amend Code Chapter 30-2, relating to alimony, so as to state factors which must be considered in determining whether to grant permanent alimony.

HB 94. By Representatives Snow of the 1st, Pilewicz of the 41st, Walker of the 115th and others:
A bill providing for investigations and reports in certain child custody cases, so as to provide that the court in its discretion may order such reports and investigations in any child custody cases.

HB 98. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to provide for the registration of trade names, partnership names and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names.

HB 99. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, so as to change

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the provisions relating to the penalties for the violation of Code Section 22-5105 prohibiting corporations from contributing to influence official actions.
HB 100. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to repeal Code Section 38-413, relating to material facts discovered by a confession.

HB 101. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to redefine the term "public sale".

HB 102. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill prohibiting unjust discrimination in employment because of age, so as to change the upper age limit of said provision.

HB 103. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill abolishing the Department of Natural Resources and creating a State Division of Conservation, so as to repeal the provisions relating to suits against the State Division of Conservation or any of the departments thereunder and the laws relating thereto.

HB 104. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend the "Executive Reorganization Act of 1972", so as to provide that the director of the Georgia Forestry Commission, rather than the commissioner of Natural Resources or his designated representative, shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.

HB 105. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 20-302, relating to the definition of consideration, so as to change the definition of consideration.

HB 106. By Representatives Snow of the 1st, Walker of the 115th, Lawson of the 9th and others:
A bill to amend Code Section 59-206, relating to the time and manner of summoning jurors, so as to change the time periods for summoning juries.

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HB 108. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th 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 110. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to repeal the "Unfair Cigarette Sales Act", to provide for a statement of purposes.

HB 111. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 72-201, relating to authorization and procedure for abatement of nuisances generally, so as to provide for proper venue for the abatement of nuisances as provided in said Code section.

HB 151. By Representative Bray of the 70th:
A bill to create and establish a Small Claims Court in and for Meriwether County.

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

SB 132. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Fair Business Practices Act of 1975," as amended, so as to provide that it shall be unlawful to fail to advise a borrower in writing that he has the right to select an attorney of his choice to close a loan transaction involving an interest in real property.
Referred to Committee on Banking, Finance and Insurance.

SB 133. By Senator Kidd of the 25th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for the application of a certain amount of the bank deposits of deceased depositors to funeral expenses. Referred to Committee on Banking, Finance and Insurance.

SB 134. By Senator Kidd of the 25th:
A bill to amend Code Chapter 32-1, relating to the board of regents and the university system, as amended, so as to repeal a specific Code section relating to allocation of funds by the board of regents. Referred to Committee on Appropriations.

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SB 135. 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 change the definition of the term "employee".
Referred to Committee on Governmental Operations.

SB 136. By Senators Hudgins of the 15th and Greene of the 26th:
A bill to amend Code Chapter 24A-5, relating to the Council of Juvenile Court Judges, as amended, so as to change the provisions relating to the qualifications of judges hearing juvenile cases and their continual training.
Referred to Committee on Judiciary.

SB 137. By Senator Trulock of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide creditable service for accumulated unused sick leave for which a member has not been paid; to amend an Act providing sick leave for teachers in the public schools, as amended, so as to remove the limit on accumulated unused sick leave.
Referred to Committee on Retirement.

SB 138. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on the recipient's behalf.
Referred to Committee on Human Resources.

SB 139. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to prescribe regulations in order to prevent conflicts of interest in the administration of the Medicaid program.
Referred to Committee on Human Resources.

SB 140. By Senators Bowen of the 13th, Gillis of the 20th, McKenzie of the 14th and others:
A bill to amend the "Georgia Development Authority Act," as amended, so as to change provisions relative to the per diem paid to members of the Authority.
Referred to Committee on Appropriations.

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SB 141. By Senator Timmons of the llth:
A bill to amend an Act providing for a Sheriff's Retirement Fund of Georgia, as amended, so as to provide for the collection of additional legal costs in each civil suit, action, case, or proceeding; to provide that such costs shall be remitted to the board.
Referred to Committee on Retirement.

SB 142. 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 o"gthaesr".facilities, as amended, so as to change the definition of the term
Referred to Committee on Industry, Labor and Tourism.

SB 143. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 88-31, relating to regulation of ambulance services, as amended, so as to provide that counties shall have the primary responsibility for providing ambulance services in the same way as counties currently have the primary responsibility for providing police and fire protection.
Referred to Committee on Human Resources.

SB 144. By Senator Hudson of the 35th:
A bill to amend an Act authorizing the board of commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide for claiming and granting of certain prior service credit; to prescribe the procedure in connection with said prior service credit.
Referred to Committee on Retirement.

SB 145. By Senator Greene of the 26th:
A bill to amend Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, so as to provide that the Department of Human Resources shall accept certification and accreditation of an institution by the Joint Commission on Accreditation of Hospitals as evidence of compliance with departmental requirements.
Referred to Committee on Human Resouces.

SR 33. By Senators Howard of the 42nd, Broun of the 46th and Evans of the 37th:
A resolution creating a Senate Medicaid Reimbursement Study Committee.
Referred to Committee on Human Resources.

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SR 36. By Senator Summers of the 53rd:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Trion Independent 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 $10,000.00 per annum shall be granted an exemption from all ad valorem taxes levied by the City of Trion; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

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

HB 39. By Representatives Steinberg of the 46th, Culpepper of the 98th, Walker of the 115th and others:
A bill to amend Code Chapter 30-2, relating to alimony, so as to state factors which must be considered in determining whether to grant permanent alimony.
Referred to Committee on Special Judiciary.

HB 94. By Representatives Snow of the 1st, Pilewicz of the 41st, Walker of the 115th and others:
A bill to amend an Act providing for investigations and reports in certain child custody cases, so as to provide that the court in its discretion may order such reports and investigations in any child custody case. Referred to Committee on Special Judiciary.
HB 98. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act providing for the registration of trade names, partnership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names. Referred to Committee on Industry, Labor and Tourism.

HB 99. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, so as to change the provisions relating to the penalties for the violation of Code Section 22-5105 prohibiting corporations from contributing to influence official actions.
Referred to Committee on Industry, Labor and Tourism.

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HI

HB 100. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to repeal Code Section 38-413, relating to material facts discovered by a confession. Referred to Committee on Judiciary.

HB 101. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th 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 Special Judiciary.

HB 102. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act prohibiting unjust discrimination in employment because of age, so as to change the upper age limit of said provision. Referred to Committee on Judiciary.

HB 103. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation, so as to repeal the provisions relating to suits against the State Division of Conservation or any of the departments thereunder and the laws relating thereto.
Referred to Committee on Natural Resources and Environmental Quality.

HB 104. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", so as to provide that the director of the Georgia Forestry Commission, rather than the commissioner of Natural Resources or his designated representative, shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.
Referred to Committee on Natural Resources and Environmental Quality.

HB 105. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 20-302, relating to the definition of consideration, so as to change the definition of consideration.
Referred to Committee on Judiciary.

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HB 106. By Representatives Snow of the 1st, Walker of the 115th, Lawson of the 9th and others:
A bill to amend Code Section 59-206, relating to the time and manner of summoning jurors, so as to change the time periods for summoning juries.
Referred to Committee on Special Judiciary.

HB 108. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th 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 Judiciary.

HB 110. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to repeal an Act known as the ' 'Unfair Cigarette Sales Act'', to provide for a statement of purposes.
Referred to Committee on Industry, Labor and Tourism.

HB 111. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 72-201, relating to authorization and procedure 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 Judiciary.

HB 151. By Representative Bray of the 70th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Meriwether County. Referred to Committee on County and Urban Affairs.

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

Mr. President:

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

SB 120. Do pass. SB 127. Do pass.

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113

SB 128. SB 129. SB 130. SB 131.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Governmental Operations 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 following recommendations:

SB 46. SB 92. SB 94. SB 109. SB 110. SB 111. SB 123. SB 124. SR 24. SR 25.

Do pass. Do pass. 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

Mr. President:

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

SB 39. Do pass. SB 40. Do pass. SB 41. Do pass.

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SB 42. Do pass. SB 45. Do pass. SB 48. Do pass. SB 51. Do pass.

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

Mr. President:

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

SB 37. Do pass by substitute. SB 43. Do pass by substitute.

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

Mr. President:

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 following recommendation:

SR 6. Do pass.

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

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

SB 53. By Senator Kidd of the 25th:
A bill to amend Code Section 88-2401, relating to compensation of state employees contracting tuberculosis or infectious hepatitis, so as to change the provisions relating to compensation.

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115

The President announced that Senator Holloway of the 12th would enter the hospital today to undergo major surgery.

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

Allgood Ballard Barker Bell Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Barnes Bond Brown of 47th

Coverdell Holloway (excused) Hudgins

Stephens (excused) Timmons

Senator Kidd of the 25th introduced the chaplain of the day, Reverend Jack Stephens, of the School of Special Education, Hardwick, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 34. By Senators Broun of the 46th and Howard of the 42nd: A resolution commending and expressing gratitude to the organizations and volunteers who made the recent health screening program a fine success.
SR 35. By Senators Broun of the 46th, Holloway of the 12th, Starr of the 44th and others: A resolution welcoming President Jimmy Carter back to Georgia.

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SENATE CALENDAR
Tuesday, January 20,1981
NINTH LEGISLATIVE DAY
SB 2. Suits Against Representatives of Obligors--period of exemption (SJudy-37th)
SB 3. Institution Employees--personal property losses (Gov Op--23rd)
SB 9. Statutory, Code Revision--repeal certain laws based on population (S Judy--2nd)
SB 10. Controlled Substances Act--drug related objects (SUBSTITUTE) (SJudy-55th)
SB 12. Tuition Equalization Grants--increase maximum permissible (App-44th)
SB 13. Commissioner of Medical Assistance--salary (App--44th)
SB 14. State Employee Health Insurance--redefine "employee" (Gov Op--44th)
SB 15. Industry and Trade Department Employee--moving expenses to foreign country (App--44th)
SB 17. Workers'Compensation Board--compensation fixed by law (Gov Op--44th)
SB 18. State Owned Motor Vehicles--mileage allowance rate (App--44th)
SB 19. Alcoholic Beverage Code--retail dealer licenses (C Aff--25th)
SB 22. Election Code--nomination of unopposed candidates by political parties (Gov Op--25th)
SB 35. Birth Certificates-require certain information (SUBSTITUTE) (Gov Op-25th)
SB 54. Criminal Actions against State Employees--legal fee reimbursement (Gov Op--25th)
SB 87. Speaker of the House--change provisions on compensation (App--22nd)
SR 20. J. Ebb Duncan Memorial Parkway--designating (Trns--30th)

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

SB 2. By Senator Evans of the 37th:
A bill to amend Code Section 3-305, relating to suits against represen tatives of obligors, so as to reduce the period of exemption from suit for representatives of estates from 12 months to six months; to state legislative findings and intent; to provide an effective date.

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

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117

On the 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Bowen Coverdell

Holloway (excused) Hudgins

Stephens (excused) Timmons

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

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

SB 3. By Senator Lester of the 23rd:
A bill to amend Code Chapter 88-24, relating to rights of certain state employees, as amended, so as to provide compensation to employees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Bowen Coverdell

Hill Holloway (excused) Hudgins

Stephens (excused) Timmons

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

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

SB 9. By Senator Wessels of the 2nd:
A bill to provide for and assist in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population; to provide legislative intent; to repeal specific laws; to pro vide for severability.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell

Brannon Broun of 46th Brown of 47th Bryant

Cobb Coleman Deal Dean

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119

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Horton

Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

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

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Bond Bowen Brantley

Coverdell Holloway (excused)

Hudgins Stephens (excused)

On the passage of the bill, the yeas were 48, nays 1.

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

SB 10. By Senators Stumbaugh of the 55th, Thompson of the 32nd and Barnes of the 33rd: A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, so as to delete the provisions relating to transactions in drug related objects; to prohibit certain activities relating to drug paraphernalia; to provide for definitions; to provide for certain factors in determining whether an object is drug paraphernalia.
Senator Littlefield of the 6th moved that SB 10 be postponed until January 21.
On the motion, the yeas were 47, nays 0; the motion prevailed, and SB 10 was postponed until January 21.
SB 12. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend Code Section 32-3760, relating to tuition equalization grants, so as to provide for an increase in the maximum permissible grant; to provide an effective date.

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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bond Brantley

Coverdell Holloway (excused)

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Stephens (excused)

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

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

SB 13. 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 Medical Assistance Act of 1977," as amended, so as to provide a procedure for fixing the salary of the Commissioner of the Department.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bowen

Brannon Brantley Broun of 46th

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121

Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis

Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell Fincher of 52nd

Holloway (excused) Starr

Stephens (excused) Stumbaugh

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

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

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for State employees, as amended, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five per cent to eight percent of the total outlay for personal 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 Barnes Bell Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal

Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

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Foster Garner Gillis Greene Hill Horton Howard
Hudson Kennedy
Kidd

Land Lester Littlefield McGill McKenzie Reynolds Robinson
Scott Starr

Summers Sutton Tate Thompson Timmons Trulock Tysinger
Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Bond Coverdell

Holloway (excused) Stephens (excused)

Stumbaugh Turner

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

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

SB 15. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act providing for the reimbursement of State employees for transportation of household goods and incident expenses incurred during a change of residence, so as to provide that the Depart ment of Industry and Trade may reimburse an employee of that depart ment for such transportation and expenses incurred during a change of residence to a foreign country.

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

On 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 Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill

Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

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McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers

Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Ballard
Bond Bowen

Coverdell Holloway (excused)

Stephens (excused) Timmons

On the passage of the bill, the yeas were 48, nays 1.

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

SB 17. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend Code Section 114-701.5, relating to the applicability of the State Merit System's rules and regulations to members and other employees of the Workers' Compensation Board, so as to provide that the compensation of the members of the Board shall be fixed by law; to provide for the procedures connected therewith.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell
Bowen Brannon Broun of 46th Brown of 47th

Bryant Cobb Coleman Deal Dean
Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Foster Garner Gillis
Greene Hill Horton Howard

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Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Start Stumbaugh Summers Sutton

Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Coverdell

Holloway (excused) Hudgins

Stephens (excused) Timmons

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

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

Senator Lester of the 23rd introduced the doctor of the day, Dr. Sam Richwine, Jr., of Augusta, Georgia.

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

SB 18. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
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.
Senator Kidd of the 25th offered the following amendment:

Amend SB 18 by adding in the title on line 10 of Page 1, immediately preceding the words "to repeal", the following:
"to provide an effective date;".
By striking from Section 1, on line 24 of Page 1 and line 3 of Page 2, the following:
"20 cents",
and inserting in lieu thereof in each such place the following:
"22 cents".

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On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker
Bowen Brannon Brantley Brown of 47th Bryant Dean Eldridge

English Evans Garner Hill Kennedy Kidd Land Lester

Littlefield McGill Robinson Scott Stumbaugh Tate Timmons Walker

Those voting in the negative were Senators:

Allgood Barnes Bell Broun of 46th Cobb Coleman Deal Engram

Fincher of 52nd Fincher of 54th Foster Gillis Horton Howard Hudson McKenzie

Reynolds Starr Summers Sutton Thompson Trulock Tysinger Wessels

Those not voting were Senators:

Bond Coverdell Greene

Holloway (excused) Hudgins

Stephens (excused) Turner

On the adoption of the amendment, the yeas were 25, nays 24, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Deal Dean Eldridge

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English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton

Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stumbaugh Summers Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those voting in the negative were Senators Barnes and Sutton.

Those not voting were Senators:

Bond Coverdell

Holloway (excused) Hudgins

Stephens (excused) Turner

On the passage of the bill, the yeas were 48, nays 2.

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

SB 19. By Senator Kidd of the 25th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," as amended, so as to change the definition of the term "person"; to amend Code Section 5A-2502, relating to restrictions on the number of retail dealer licenses to be issued, so as to incorporate such change into the new Georgia Alcoholic Beverage Code.

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

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

Those voting in the affirmative were Senators:

Bowen
Bryant Coleman

Evans Howard

Kidd McKenzie

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Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Cobb Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudson Kennedy Lester Littlefield McGill

Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell Holloway (excused)

Hudgins Land

Stephens (excused) Turner

On the passage of the bill, the yeas were 7, nays 42.

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 SB 19.

SB 22. By Senator Kidd of the 25th:
A bill to amend Code Title 34, known as the "Georgia Election Code," as amended, so as to provide for the nomination of unopposed candidates by political parties.

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

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 Bowen

Brannon Broun of 46th

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Brown of 47th Cobb Eldridge Fincher of 54th

Greene Kidd Land Lester

Littlefield Robinson Sutton

Those voting in the negative were Senators:

Allgood Barnes Bryant Coleman Deal Dean English Engram Evans Fincher of 52nd

Foster Garner Gillis Hill Horton Hudson Kennedy McGill McKenzie Reynolds

Scott Starr Stumbaugh Summers Tate Thompson Trulock Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Coverdell

Holloway (excused) Howard Hudgins

Stephens (excused) Timmons Turner

On the passage of the bill, the yeas were 17, nays 30.

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

SB 35. By Senator Kidd of the 25th:
A bill to amend Code Section 88-1708, relating to forms of certificates, so as to require certain information on certificates of birth.

The Senate Committee on Governmental Operations offered the following substitute to SB 35:

A BILL
To be entitled an Act to amend Code Section 88-1708, relating to forms of certificates, so as to require certain information on certificates of birth; 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 88-1708, relating to forms of certificates, is hereby amended by adding immediately following the word "hereunder" the following:

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129

"; provided, however, that certificates of birth shall require the social security number of each parent listed if such information is known",
so that when so amended Code Section 88-1708 shall read as follows:
"88-1708. Forms of certificates. The Department, in order to pro mote and maintain uniformity in the system of vital records, shall prescribe all forms of certificates, reports, and other returns as re quired by this Chapter or by the regulations adopted hereunder; pro vided, however, that certificates of birth shall require the social security number of each parent listed if such information is known.''
Section 2. This Act shall become effective January 1, 1982.
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 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 Bames Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman
Deal D?" Eldndge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hin Horton Howard
Hudson Kennedy
Kidd Land Lester

Littlefield McGill
McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate
Thompson Trulock
Tysinger Walker Wessels

Those not voting were Senators:

Bond
Coverdell Holloway (excused)

Hudgins Stephens (excused)

Timmons Turner

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

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

SB 54. By Senator Kidd of the 25th:
A bill to amend an Act relating to the provision of liability insurance for state employees, officers, and officials, as amended, so as to allow reim bursement for legal fees and expenses incurred in the successful defense of certain criminal actions against state employees, officers, and officials.
Senator Kidd of the 25th offered the following amendment:
Amend SB 54 by adding on Page 1, Section 1, line 23, following the sentence ending with the word "duties", a new sentence to read as follows:
"Legal fees and other expenses in criminal actions shall only be paid in those cases in which the legal representatives have the ap proval of the insurer."
and
By adding on Page 2, Section 1, line 19, immediately following the sentence ending with the word "duties", a new sentence to read as follows:
"Legal fees and other expenses in criminal actions shall only be paid in those cases in which the legal representatives have the ap proval of the insurer."

On the adoption of the amendment, Senator Greene of the 26th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 47th Coleman English

Gillis Hudson

Kidd Walker

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon

Brantley Broun of 46th Bryant Cobb Deal Dean Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene

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131

Hill Horton Howard Kennedy Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers

Those not voting were Senators:

Bond Coverdell

Holloway (excused) Hudgins

Sutton Tate Thompson Timmons Trulock Tysinger Wessels
Stephens (excused) Turner

On the adoption of the amendment, the yeas were 7, nays 43, and the amend ment was lost.

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

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 Bowen Brannon Cobb Coleman Dean Eldridge English Engram

Fincher of 54th Garner Gillis Greene Hill Hudson Kennedy Kidd Lancj Littlefield

McGill McKenzie Stumbaugh Sutton Tate Timmons Trulock Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Ballard Barnes Bond Brantley Broun of 46th Brown of 47th

Deal Evans Fincher of 52nd Foster Horton Howard

Lester Reynolds Scott Starr Summers Thompson

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Those not voting were Senators:

Bryant Coverdell Holloway (excused)

Hudgins Robinson

Stephens (excused) Turner

On the passage of the bill, the yeas were 30, nays 19. The bill, having received the requisite constitutional majority, was passed.

SB 87. By Senators Holloway of the 12th, Allgood of the 22nd and Gillis of the 20th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to change the provisions relating to the compensation of the Speaker of the House of Representatives; 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 Barnes Bell Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant
Cobb Coleman Deal Dean Eldridge

English Engram
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Horton Howard
Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie
Reynolds Robinson Scott Starr Stumbaugh Summers
Sutton Tate Thompson
Timmons Trulock Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell Evans

Holloway (excused) Hudgins Land

Stephens (excused) Turner

TUESDAY, JANUARY 20, 1981

133

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:15 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 21, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 51. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Home of the 104th and others:
A bill to amend the "Macon-Bibb County Water and Sewerage Authority Act," as amended.

HB 59. By Representative Jackson of the 9th:
A bill to provide for the removal, storage and disposal of abandoned motor vehicles and providing for other matters relative thereto, so as to add to the definition of abandoned motor vehicles those vehicles which are abandoned on private property.

HB 64. By Representatives Sizemore of the 136th, Evans of the 84th, Walker of the 115th and others:
A bill to amend "The Georgia Justice Courts Training Council Act", so as to redefine the term "justice of the peace" to exclude judges who are practicing attorneys.

HB 109. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 66, relating to master and servant, so as to change the provisions of Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees.

WEDNESDAY, JANUARY 21, 1981

135

HB 114. By Representative Walker of the 115th:
A bill authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to clarify the pro visions relative to payments that may be made from funds derived from the deferral of compensation by making such provisions applicable to deferred compensation plans.

HB 132. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to ex empt the motor vehicle tag registration and certificate of title records which the commissioner is required to maintain from the provisions of any Act which may require that said records be open for public inspec tion.

HB 185. By Representatives Reaves of the 147th, Irvin of the 10th, Long of the 142nd and others:
A bill to amend the "Georgia Meat Inspection Act", so as to provide for inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling.

HB 187. By Representative Russell of the 64th:
A bill to create a new charter for the City of Russell, in the County of Bar row.

HB 189. By Representatives Clark, Milford and Mann of the 13th and others:
A bill creating a new charter for the City of Union Point, so as to change the compensation of the mayor and councilmembers.

HB 198. By Representative Bray of the 70th:
A bill to change the compensation of the members of the board of the County Commissioners of Talbot County.

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

SR 28. By Senators Robinson of the 27th and Barker of the 18th: A resolution expressing sympathy at the passing of John R. Henry.

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

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SB 146. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an an nual salary, as amended, so as to change the provisions relating to the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

SB 147. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, as amended, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County. Referred to Committee on County and Urban Affairs.

SB 148. By Senator Bell of the 5th:
A bill to provide for fiscal notes on bills, joint resolutions, and ad ministrative actions having a fiscal impact on local political subdivisions; to provide a short title; to provide for definitions; to provide for other matters relative to the foregoing; to amend an Act known as the ' 'Georgia Fiscal Note Act," as amended.
Referred to Committee on County and Urban Affairs.-GEN.

SB 149. By Senators Dean of the 31 st and Garner of the 30th:
A bill to establish the Superior Court Clerks Training Council; to provide for voting and advisory members; to provide the procedure for con ducting business; to provide for the payment of expenses of the members of the council; to provide for the functions and authority of the council.
Referred to Committee on Judiciary.

SB 150. By Senators Dean of the 31st and Garner of the 30th:
A bill to amend Code Section 24-2701, relating to clerks of the superior courts, as amended, so as to provide for the election, qualifications, and term of office; to provide an effective date. Referred to Committee on Governmental Operations.

SB 151. By Senator Timmons of the 11th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole Coun ty, as amended, so as to change the compensation of the tax commis sioner; to provide for an interim compensation; to provide for other mat ters relative to the foregoing; to provide an effective date.
Referred to Committee on County and Urban Affairs.

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137

SB 152. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act relating to licensing of grain dealers, as amended, so as to change the amount and method of calculating the bond coverage required of grain dealers; to authorize the Commissioner of Agriculture to publish the names and locations of licensed grain dealers and those operations who buy grain for cash.
Referred to Committee on Agriculture.

SB 153. By Senators McGill of the 24th, English of the 21st, Gillis of the 20th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," as amended, so as to exclude certain vehicles ten or more years old from the operation of the Act. Referred to Committee on Public Safety.
SB 154. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act known as the "Georgia State Warehouse Act," as amended, so as to increase the minimum required bond. Referred to Committee on Agriculture.

SB 155. By Senators Coverdell of the 40th and Sutton of the 9th:
A bill to amend an Act providing requirements relative to local retire ment, pension, and emeritus systems so as to change the provisions relative to actuarial investigations and reports submitted to the state auditor; to provide for certain reports to the Governor and members of the General Assembly.
Referred to Committee on Retirement.

SB 156. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the deter mination of certain rates of interest.
Referred to Committee on Retirement.

SB 157. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to the deter mination of certain rates of interest for use in all calculations required in connection with Employees' Retirement System of Georgia.
Referred to Committee on Retirement.

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SB 158. By Senator Sutton of the 9th:
A bill to amend an Act known as the "Georgia Fiscal Note Act," as amended, so as to change the provisions relative to the officers responsi ble for the preparation of fiscal notes for retirement bills.
Referred to Committee on Retirement.

SB 159. 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.
Referred to Committee on Natural Resources and Environmental Quality.

SB 160. By Senator Timmons of the 11th:
A bill to add one additional judge of the superior court for the Pataula Judicial Circuit; to provide for the appointment of the first such addi tional 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.
Referred to Committee on Judiciary.

SB 161. By Senator Timmons of the 11th:
A bill to abolish the present method of compensating the Judge of the Probate Court of Seminole County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

SB 162. By Senators Garner of the 30th, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 27-2515, relating to witnesses at execu tions, as amended, so as to prohibit certain individuals from witnessing executions. Referred to Committee on Judiciary.

SB 163. By Senator Evans of the 37th:
A bill to amend an Act authorizing the commissioners of Fulton County, Georgia, to establish rules and regulations governing the payment of pen sions to county employees, as amended, so as to provide for a Fulton County Employees' Retirement Plan of 1981.
Referred to Committee on County and Urban Affairs.

SB 164. By Senators Evans of the 37th and Tate of the 38th:
A bill to authorize the Board of Commissioners of Fulton County to create a retirement and pension fund and a system of retirement pay for county employees; to provide for participants in such plan; to provide for rejection of such plan.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, JANUARY 21, 1981

139

SB 165. By Senator Tate of the 38th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population in excess of 500,000, according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population; to change the maximum amount of compensation which may be paid to such com missioners.
Referred to Committee on County and Urban Affairs.

SB 166. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change a provision relative to a definition. Referred to Committee on Retirement.

SB 167. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change a provision relative to a definition. Referred to Committee on Retirement.

SB 168. By Senator Sutton of the 9th:
A bill to amend an Act known as "The Act Creating the Public School Employees' Retirement System," as amended, so as to change a provi sion relative to a definition. Referred to Committee on Retirement.

SB 169. By Senator Sutton of the 9th:
A bill to amend an Act creating the "Peace Officers' Annuity and Benefit Fund," as amended, so as to change a provision relative to the collection of moneys. Referred to Committee on Retirement.

SB 170. By Senator Sutton of the 9th:
A bill to amend an Act known as the "Trail Judges and Solicitors' Retire ment Fund," as amended, so as to change a provision relative to a defini tion. Referred to Committee on Retirement.

SB 171. By Senator Sutton of the 9th:
A bill to amend an Act creating the Firemen's Retirement System, as amended, so as to change a provision relative to a definition. Referred to Committee on Retirement.

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SB 172. By Senator Sutton of the 9th:
A bill to amend an Act providing for retirement benefits for the judges of the probate courts, as amended, so as to change the provisions relative to the acceptance of gifts or grants. Referred to Committee on Retirement.

SB 173. By Senator Sutton of the 9th:
A bill to amend an Act providing a Sheriffs' Retirement Fund of Georgia, as amended, so as to change a provision relative to the creation of a retirement system.
Referred to Committee on Retirement.

SB 174. By Senator Sutton of the 9th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relative to the acceptance of gifts or grants. Referred to Committee on Retirement.

SB 175. By Senator Sutton of the 9th:
A bill to amend an Act creating the office of district attorney emeritus and creating a retirement fund, as amended, so as to change the provi sion relative to audits. Referred to Committee on Retirement.

SB 176. By Senator Sutton of the 9th:
A bill to amend an Act creating the office of Judge of the Superior Court, as amended, so as to change the provisions relative to audits. Referred to Committee on Retirement.

SB 177. By Senator Sutton of the 9th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges' Retirement System," as amended, so as change a provision relative to a definition. Referred to Committee on Retirement.

SB 178. By Senator Sutton of the 9th:
A bill to amend an Act known as the "District Attorneys' Retirement Act," as amended, so as to change a provision relative to a definition. Referred to Committee on Retirement.

WEDNESDAY, JANUARY 21, 1981

141

SB 179. By Senator Sutton of the 9th:
A bill to amend an Act creating the Georgia Legislative Retirement System, as amended, so as to change a provision relative to a definition. Referred to Committee on Retirement.

SB 180. By Senator Sutton of the 9th:
A bill to provide standards and requirements relative to actuarial valua tions of public retirement or pension systems created by law. Referred to Committee on Retirement.

SB 181. By Senators Sutton of the 9th and Barnes of the 33rd:
A bill to provide for the reimbursement of the state for the care, custody, and control of certain prisoners; to provide a short title; to provide for the disclosure by prisoners of their financial resources and responsibility; to provide for the collection of maintenance costs from prisoners' estates.
Referred to Committee on Offender Rehabilitation.

SB 182. By Senators Sutton of the 9th and Barnes of the 33rd:
A bill to amend Code Chapter 27-25, relating to the sentence and execu tions, as amended, so as to provide for punishment by confinement at residence under certain circumstances; to provide for defendants violating the terms and conditions of confinement to their residences.
Referred to Committee on Offender Rehabilitation.

SB 183. By Senators Wessels of the 2nd, Allgood of the 22nd and Lester of the 23rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for the licensing and regulation of industrial insurance and all related matters.
Referred to Committee on Banking, Finance and Insurance.

SB 184. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 66-4, relating to injuries to railroad employees, so as to provide for venue of actions by employees of railroads under the Federal Employers Liability Act; to repeal Code Sec tion 94-1101, relating to venue and process in actions against railroad and electric companies.
Referred to Committee on Judiciary.

SB 185. By Senator Tate of the 38th:
A bill to amend an Act creating the office of District Attorney Emeritus and the District Attorneys, Retirement Fund of Georgia, as amended, so

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as to change the provisions in said Act in regard to resignation and reappointment as District Attorney Emeritus.
Referred to Committee on Retirement.

SB 186. By Senators Tate of the 38th, Kidd of the 25th, Foster of the 50th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide creditable service for accumulated unused sick leave; to amend an Act providing for sick leave for teachers in the public schools, as amended.
Referred to Committee on Retirement.

SB 187. By Senator Tate of the 38th:
A bill to amend an Act establishing the Employees' Retirement System, as amended, so as to change the provisions relative to transfer of service from the Teachers' Retirement System. Referred to Committee on Retirement.

SB 188. By Senators Tate of the 38th and Kidd of the 25th:
i A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to retirement benefits.
Referred to Committee on Retirement.

SB 189. By Senators Bowen of the 13th, Timmons of the llth, McKenzie of the 14th and others:
A bill to amend Code Section 26-2904, relating to licenses to carry a pistol or revolver, as amended, so as to provide that certain retired law enforce ment officers may obtain a license without the payment of any fee; to provide for a definition.
Referred to Committee on Judiciary.

SB 190. By Senators Lester of the 23rd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall become eligible for consideration for parole after serving ten years.
Referred to Committee on Offender Rehabilitation.

SB 191. By Senators Tate of the 38th, Trulock of the 10th, Engram of the 34th and others:
A bill to amend an Act establishing the Employee Retirement System of Georgia, as amended, so as to provide for the transfer of legislative ser vice into the Employees' Retirement System.
Referred to Committee on Retirement.

WEDNESDAY, JANUARY 21, 1981

143

SB 192. By Senator Evans of the 37th:
A bill to amend an Act, relating to pensions for firemen and policemen in certain counties, as amended, so as to provide that said Act shall be ap plicable in counties having a population of 550,000 or more according to the 1970 census or any future such census.
Referred to Committee on County and Urban Affairs.

SB 193. By Senator Evans of the 37th:
A bill to amend an Act providing for the protection of pension rights in certain counties and cities, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more ac cording to the 1970 census or any future census.
Referred to Committee on County and Urban Affairs.

SB 194. By Senators Bryant of the 3rd, Wessels of the 2nd, Coleman of the 1st and others:
A bill to provide for the safety, comfort and convenience of travelers; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to provide that certain retailers of motor fuels shall pro vide certain traveler's convenience services.
Referred to Committee on Industry, Labor and Tourism.

SB 195. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to authorize employees of the Georgia Agrirama Development Authority to become members; to authorize and provide for the payment of contributions; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.

SR 37. By Senators Evans of the 37th, Deal of the 49th, Bell of the 5th and others:
A resolution creating the Senate State Departments Performance Audit Study Committee. Referred to Committee on Rules.

SR 38. By Senator Hudson of the 35th:
A resolution proposing an amendment to Article IX of the Constitution so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to certain municipalities located wholly or partially within Fulton County which have a population of not more than 5,000 according to the last or any future federal decennial cen sus for the conduct of recreational programs and activities in such municipalities; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

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SR 40. By Senators Fincher of the 54th and Summers of the 53rd:
A resolution condemning United States District Judge Wilbur Owens. Referred to Committee on Judiciary.

SR 41. By Senators Lester of the 23rd and Allgood of the 22nd:
A resolution urging the Congress of the United States to permit authorities of the various states of the Union greater latitude in the mat ter of granting variances to environmental regulations where actions are needed to conserve scarce energy resources.
Referred to Committee on Natural Resources and Environmental Quality.

The following bills of the House were read the first time and referred to com mittees:

HB 59. By Representative Jackson of the 9th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, so as to add to the definition of abandoned motor vehicles those vehicles which are abandoned on private property.
Referred to Committee on Public Safety.

HB 64. By Representatives Sizemore of the 136th, Evans of the 84th, Walker of the 115th and others:
A bill to amend "The Georgia Justice Courts Training Council Act", so as to redefine the term "justice of the peace" to exclude judges who are practicing attorneys.
Referred to Committee on Judiciary.

HB 109. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 66, relating to master and servant, so as to change the provisions of Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees.
Referred to Committee on Judiciary.

HB 114. By Representative Walker of the 115th:
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to clarify the provisions relative to payments that may be made from funds derived from the deferral of compensation by making such provi sions applicable to deferred compensation plans.
Referred to Committee on Judiciary.

WEDNESDAY, JANUARY 21, 1981

145

HB 132. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exempt the motor vehicle tag registration and certificate of title records which the commissioner is required to maintain from the provisions of any Act which may require that said records be open for public inspection.
Referred to Committee on Public Safety.

HB 185. By Representatives Reaves of the 147th, Irvin of the lOti 142nd and others:

;ig of the

A bill to amend the "Georgia Meat Inspection ict", so as tu 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.

HB 51. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Home of the 104th and others:
A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act,'' as amended. Referred to Committee on County and Urban Affairs.

HB 187. By Representative Russell of the 64th:
A bill to create a new charter for the City of Russell, in the County of Bar row. Referred to Committee on County and Urban Affairs.

HB 189. By Representatives Clark, Milford and Mann of the 13th and Lambert of the 112th:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the compensation of the mayor and councilmembers. Referred to Committee on County and Urban Affairs.

HB 198. By Representative Bray of the 70th:
A bill to amend an Act changing the compensation of the members of the board of county commissioners of Talbot County, so as to change the compensation of the members of the board of county commissioners of Talbot County.
Referred to Committee on County and Urban Affairs.

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

146 Mr. President:

JOURNAL OF THE SENATE

Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 36. Do pass. HB 34. Do pass. HB 41. Do pass. HB 63. Do pass. HB 69. Do pass. HB 70. Do pass. HB 77. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman
Mr. President:

Your Committee on Governmental Operations 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 95. Do pass as amended.

Mr. President:

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Your Committee on Public Safety 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 24. Do pass. SB 80. Do pass. SB 81. Do pass as amended. SR 10. Do pass.

Respectfully submitted, Senator Timmons of the 11th District, Chairman

WEDNESDAY, JANUARY 21, 1981

147

Mr. President:

Your Committee on Public Utilities 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 29. Do pass as amended.

Respectfully submitted, Senator Brown of the 47th District, Chairman

The following bills and resolutions of the Senate were read the second time:
SB 37. By Senator Barnes of the 33rd: A bill to amend Code Section 30-207, relating to alimony for children on final trial and liability for necessaries, as amended, so as to authorize the trier of facts to require the person required to provide permanent sup port to obtain life insurance.
SB 39. By Senator Barnes of the 33rd: A bill to amend Code Section 72-201, relating to authorization and pro cedure for abatement of nuisances generally, as amended, so as to pro vide for proper venue for the abatement of nuisances as provided in said Code Section.
SB 40. By Senator Barnes of the 33rd: A bill to amend Code Chapter 26-22, relating to treason and related offenses, as amended, so as to change the definition of the offenses of in surrection and inciting to insurrection.
SB 41. By Senator Barnes of the 33rd: A bill to repeal an Act known as the "Unfair Cigarette Sales Act," as amended; to provide for a statement of purpose.
SB 42. By Senator Barnes of the 33rd: A bill to amend Code Title 103, relating to suretyship, as amended, so as to abolish the distinction between contracts of suretyship and guaranty; to change certain definitions.

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SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," as amended, so as to redefine the term "public sale".

SB 45. By Senator Barnes of the 33rd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the provisions relating to the penalties for the violation of Code Section 22-5105, prohibiting corporations from contributing to influence official actions.

SB 46. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972," as amended, so as to provide that the director of the Georgia Forestry Commission, rather than the commissioner of Natural Resources or his designated representative, shall be the compact ad ministrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.

SB 48. By Senator Barnes of the 33rd:
A bill to repeal Code Section 38-413, relating to material facts discovered by a confession.

SB 51. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-302, relating to the definition of con sideration, so as to change the definition of consideration; to provide for other matters relating thereto.

SB 92. By Senator Kidd of the 25th:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, as amended, so as to provide for unlawful campaign practices.

SB 94. By Senator Kidd of the 25th:
A bill to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for the restoration of certain civil rights of persons convicted of crimes; to provide for the filing of disqualification lists with registrars.

SB 109. By Senator Kidd of the 25th:
A bill to amend an Act providing the procedures under which surplus State property shall be disposed of, as amended, so as to delete the re quirement for a monthly report; to provide for regulation of surplus property sales to and resales by political subdivisions, health or educa tional institutions, and public corporations.

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SB 110. By Senator Kidd of the 25th:
A bill to amend Code Chapter 23-17, relating to contracts by counties and other units of government, as amended, so as to change the bond re quirements for certain public contracts; to provide an effective date.

SB 111. By Senator 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 appertained to the Supervisor of Purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without com petitive bidding.

SB 120. By Senator Littlefield of the 6th:
A bill to repeal an Act entitled "An Act to create and establish a Small Claims Court in and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court."

SB 123. By Senator Bell of the 5th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, as amended, so as to add two members to the board; to pro vide for qualifications and appointment of members; to provide for terms; to provide for vacancies; to change certain vote requirements.

SB 124. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th, Robinson of the 27th, Foster of the 50th and Eldridge of the 7th:
A bill to create the Georgia Public Telecommunications Commission; to provide for the membership on the commission, their appointment, terms of office, and the method of filling vacancies; to provide for the compensation of the members.

SB 127. By Senator Kidd of the 25th:
A bill to amend Code Section 91A-1111, relating to applications for homestead exemptions, as amended, so as to change the time for apply ing for homestead exemptions in certain counties.

SB 128. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provi sions relating to the compensation of the judge of the probate court.

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SB 129. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County so as to change the provisions relating to the compensa tion of the tax commissioner.

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court.

SB 131. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts in certain designated coun ties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County; to provide an effective date.

SR 6. By Senators Greene of the 26th and Eldridge of the 7th: A resolution creating the Senate Music Industry Committee.

SR 24. By Senators Robinson of the 27th, Barker of the 18th, Stumbaugh of the 55th and others:
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, prac tices 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 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide that persons convicted of felonies, unless their rights have been restored, and persons adjudged mentally incompetent to vote shall not be permitted to register, vote, or hold any office, or appointment of honor, or trust in this state; to provide for the submission of this amendment for ratification or rejection.

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

Allgood Ballard
Barker Barnes

Bell Bond
Bowen Brannon

Brantley Broun of 46th
Brown of 47th Bryant

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151

Cobb Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd
Fincher of 54th Foster Garner Gillis Greene

Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester
Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock
Turner Tysinger Walker Wessels

Those not answering were Senators:

Coverdell

Holloway (excused)

Stephens (excused)

Senator Brown of the 47th introduced the chaplain of the day, Reverend Mar shall G. Smith, pastor of Bio Baptist Church, Hartwell, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 39. By Senator Tate of the 38th: A resolution commending Bishop Frederick Hilborn Talbot.

SR 42. By Senator Barnes of the 33rd: A resolution commending Otis A., Jr., and Martha Lee Brumby.

SENATE CALENDAR Wednesday, January 21, 1981 TENTH LEGISLATIVE DAY

SB 10. Controlled Substances Act-drug related objects (SUBSTITUTE) (S Judy - 55th)
SR 20. J. Ebb Duncan Memorial Parkway -- designating (Trns -- 30th)
SB 53. State Employee Contracting Tuberculosis or Hepatitis -- compensation (SUBSTITUTE) (Gov Op - 25th)

The following general bill of the Senate, having been read the third time on January 20 and postponed until January 21, was put upon its passage:

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SB 10. By Senators Stumbaugh of the 55th, Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, so as to delete the provisions relating to transactions in drug related objects; to prohibit certain activities relating to drug paraphernalia; to provide for definitions; to provide for certain factors in determining whether an object is drug paraphernalia.

The Senate Committee on Special Judiciary offered the following substitute to SB 10:

A BILL
To be entitled an Act to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approv ed March 31, 1980 (Ga. Laws 1980, p. 1288), so as to prohibit certain ac tivities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose; to provide for an affirmative defense; to provide for penalties; to provide for the forfeiture of certain objects and materials; to prohibit the use or possession with intent to use certain objects or materials; to provide for penalties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approved March 31, 1980 (Ga. Laws 1980, p. 1288), is hereby amended by adding immediately follow ing Code Section 79A-811.1 a new Code Section 79A-811.2 to read as follows:
"79A-811.2. Transactions in drug related objects prohibited, (a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which said person or corporation intends to be used for the purpose of planting, prop agating, cultivating, growing, harvesting, manufacturing, compound ing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, in gesting, inhaling, or otherwise introducing into the human body mari juana or a controlled substance.
(b) Unless stated within the body of the advertisement or notice that the object or materials that are advertised or about which infor mation is disseminated are not available for distribution of any sort in Georgia, it shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, distribute or possess with intent to distribute 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 object or materials may be obtained or made which said person or corporation intends to be used for the pur-

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153

pose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, con taining, concealing, injecting, ingesting, inhaling, or otherwise in troducing into the human body marijuana or a controlled substance.
jc) In determining whether any object or materials are intended for any of the purposes listed in subsections (a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a trial under this Code section, any evidence admissible on this question under the rules of evidence shall be admitted. Subject to the rules of evidence when they are the object of an offer of proof in a court proceeding, the following factors are among those that should be considered by a court or other authority on this question:
(1) Statements by an owner or anyone in control of the object or materials;
(2) Instructions provided with the object or materials;
(3) Descriptive materials accompanying the object or materials;
(4) National and local advertising or promotional materials con cerning the object or materials;
(5) The appearance of, and any writing or other representations appearing on, the object or materials;
(6) The manner in which the object or materials are displayed for sale or other distribution;
(7) Expert testimony concerning the object or materials;
(8) Any written or pictorial materials which are present in the place where the object is located.
(d) It shall be an affirmative defense that the person to whom the drug related objects or materials were distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance with which the objects or materials were in tended to be used.
(e) 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 defendant 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 be fined not more than $5,000.00.
(f) All objects and materials which are distributed or possessed in violation of this Code section are hereby declared to be contraband

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and shall be forfeited according to the procedure described in Code Section 79A-828."
Section 2. Said Code chapter is further amended by adding im mediately following Code Section 79A-811.2 a new Code Section 79A-811.3 to read as follows:
"79A-811.3. Possession of drug related objects, (a) (1) It shall be unlawful for any person or corporation to use, or possess with intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, com pounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing marijuana or a controlled substance.
(2) For a first offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (a) shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. For a second offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (a) 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 ag gravated nature. For a third or subsequent offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (a) shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00.
(b) (1) It shall be unlawful for any person or corporation to use, or possess with the intent to use, any object or materials of any kind for the purpose of injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
(2) Any person or corporation which shall violate any provision of paragraph (1) of subsection jb) shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor."
Section 3. Said Code chapter is further amended by adding at the end of subsection (a) of Code Section 79A-828, relating to forfeitures, a new paragraph (7) to read as follows:
"(7) All objects and materials distributed in violation of Code Sec tion 79A-811.2 or possessed in violation of Code Section 79A-811.3."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally 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.

WEDNESDAY, JANUARY 21, 1981

155

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 6, nays 39, and the committee substitute was lost.

Senators Littlefield of the 6th and Stumbaugh of the 55th offered the following substitute to SB 10:
A BILL
To be entitled an Act to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approv ed March 31, 1980 [Ga. Laws 1980, p. 1288), so as to prohibit certain ac tivities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose; to provide for an affirmative defense; to provide for penalties; to provide for the forfeiture of certain objects and materials; to prohibit the use or possession with intent to use certain objects or materials; to provide for penalties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approved March 31, 1980 (Ga. Laws 1980, p. 1288|, is hereby amended by adding immediately follow ing Code Section 79A-811.1 a new Code Section 79A-811.2 to read as follows:
"79-811.2. Transactions in drug related objects prohibited, (a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which said person or corporation intends to be used for the purpose of planting, propagat ing, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, in gesting, inhaling, or otherwise introducing into the human body mari juana or a controlled substance.
(b) Unless stated within the body of the advertisement or notice that the object or materials that are advertised or about which in formation is disseminated are not available for distribution of any sort in Georgia, it shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, distribute or possess with intent to distribute 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 object or materials may be obtained or made which said person or corporation intends to be used for the pur-

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pose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, con taining, concealing, injecting, ingesting, inhaling, or otherwise in troducing into the human body marijuana or a controlled substance.
(c) In determining whether any object or materials are intended for any of the purposes listed in subsections (a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a trial under this Code section, any evidence admissible on this question under the rules of evidence shall be admitted. Subject to the rules of evidence when they are the object of an offer of proof in a court proceeding, the following factors are among those that should be considered by a court or other authority on this question:
(1) Statements by an owner or anyone in control of the object or materials;
(2) Instructions provided with the object or materials;
(3) Descriptive materials accompanying the object or materials;
(4) National and local advertising or promotional materials con cerning the object or materials;
(5) The appearance of, and any writing or other representations appearing on, the object or materials;
(6) The manner in which the object or materials are displayed for sale or other distribution;
(7) Expert testimony concerning the object or materials;
(8) Any written or pictorial materials which are present in the place where the object is located.
(d) It shall be an affirmative defense that the person to whom the drug related objects or materials were distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance with which the objects or materials were in tended to be used.
(e) For a first offense, any person or corporation which shall vio late any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. For a se cond 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 subse quent offense, the defendant 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 be fined not more than $5,000.00.
(f) All objects and materials which are distributed or possessed in violation of this Code section are hereby declared to be contraband

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157

and shall be forfeited according to the procedure described in Code Section 79 A-828."
Section 2. Said Code chapter is further amended by adding im mediately following Code Section 79A-811.2 a new Code Section 79A-811.3 to read as follows:
" 79A-811.3. Possession of drug related obj ects.
(a) (1) It shall be unlawful for any person or corporation to use, or possess with intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, con taining, concealing, injecting, ingesting, inhaling, or otherwise in troducing into the body a controlled substance.
(2) For a first offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (a) shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. For a second offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (a) 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 ag gravated nature. For a third or subsequent offense, any person or cor poration which shall violate any provision of paragraph (1) of subsec tion (a) shall be guilty of a felony and, upon conviction, shall be im prisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00.
(b) (1) It shall be unlawful for any person or corporation to use, or possess with intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, contain ing, or concealing marijuana.
(2) For a first offense, any person or corporation which shall vio late any provision of paragraph (1) of subsection (b) shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misde meanor. For a second offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (b) shall be guilty of a misdemeanor of a high and aggravated nature and, upon convic tion, shall be punished as for a misdemeanor of a high and aggravated nature. For a third or subsequent offense, any person or corporation which shall violate any provision of paragraph (1) of subsection (b) shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00.
(c) (1) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of injecting, ingesting, inhaling, or otherwise introducing marijuana into the human body.

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(2) Any person who shall violate any provision of paragraph (1) of subsection (c) shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor."
Section 3. Said Code chapter is further amended by adding at the end of subsection (a) of Code Section 79A-828, relating to forfeitures, a new paragraph (7) to read as follows:
"(7) All objects and materials distributed in violation of Code Sec tion 79A-811.2 or possessed in violation of Code Section 79A-811.3."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. 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 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

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

Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McKenzie Reynolds Robinson Scott

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159

Starr Stumbaugh Summers Sutton

Thompson Trulock Turner

Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell Holloway

McGill Stephens

Tate Timmons

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

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

The following general resolution and bill of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SR 20. By Senators Garner of the 30th, Lester of the 23rd, Holloway of the 12th and others:
A resolution designating the J. Ebb Duncan Memorial Parkway.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester Littlefield McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Bond Coverdell Holloway (excused)

McGill Stephens (excused)

Tate Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

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

SB 53. By Senator Kidd of the 25th:
A bill to amend Code Section 88-2401, relating to compensation of state employees contracting tuberculosis or infectious hepatitis, so as to change the provisions relating to compensation.

The Senate Committee on Governmental Operations offered the following substitute to SB 53:
A BILL
To be entitled an Act to amend Code Section 88-2401, relating to compensation of state employees contracting tuberculosis or infectious hepatitis, so as to change the provisions relating to compensation; 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 Section 88-2401, relating to compensation of state employees contracting tuberculosis or infectious hepatitis, is hereby amended by striking therefrom the following:
"one hundred fifty ($150) dollars",
and inserting in lieu thereof the following:
"five hundred ($500) dollars",
so that when so amended said Code section shall read as follows:
"88-2401. Compensation of employees contracting tuberculosis or infectious hepatitis; termination upon death. Any employee of any State institution, agency, or department charged with the care, treat ment, or diagnosis of persons infected with tuberculosis or infectious hepatitis who contracts tuberculosis or infectious hepatitis while employed by such institution, agency, or department may be carried on the payroll of such institution, agency, or department at one-half of his total compensation or five hundred ($500) dollars per month, whichever is less, for the duration of his disability due to tuberculosis or infectious hepatitis, not to exceed three hundred fifty (350) weeks.

WEDNESDAY, JANUARY 21, 1981

161

In the event of death of the employee, while receiving compensation under the provisions of this Section, such compensation shall im mediately cease."
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 32, 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 Bell Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Evans Fincher of 54th Foster Garner Gillis Hill Horton Hudgins Hudson Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Summers Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Brantley Engram Fincher of 52nd

Greene Howard Land

Stumbaugh Sutton Thompson

Those not voting were Senators:

Bond Coverdell

Holloway (excused] Stephens (excused)

Tate Timmons

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On the passage of the bill, the yeas were 40, nays 10.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 10:25 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, JANUARY 22, 1981

163

Senate Chamber, Atlanta, Georgia Thursday, January 22, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 and resolutions of the House:

HB 73. By Representatives Phillips of the 125th and Swann of the 90th:
A bill to amend Code Section 26-1812, relating to the punishment for cer tain crimes of theft, so as to change the penalty provisions relating to the crime of theft.

HB 53. By Representative Dixon of the 151st:
A bill to amend Code Section 76-102, relating to suit for breach of bonds for good behavior, so as to change certain provisions relating to disposi tion and recovery.

HB 87. By Representatives Kilgore of the 65th, Williams of the 6th, Rowland of the 119th 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 the administration of ad valorem property taxes; to provide for uniform tangible personal property tax returns; to require the Department of Revenue to provide certain courses of instruction; to require training for persons in the ap praisal of tangible property.

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HB 196. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend the Georgia Boat Safety Act, so as to provide for a revi sion to the boating registration license fees and to revise the boating registration transfer fee.

HB 195. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code," so as to increase bonded license agents' fees; to increase cash license agents' fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the com bination license fee; to increase freshwater fishing license fees.

HB 204. By Representative Crosby of the 150th:
A bill to place the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff.

HB 216. By Representative Cox of the 141st: A bill to create the Downtown Bainbridge Development Authority.

HR 42. By Representatives Jones of the 126th, Triplett of the 128th, Ginsberg of the 122nd and others:
A resolution to grant and convey to Harbert Corporation and Elk River Resources, Inc., both authorized to do business in Georgia, their suc cessors and assigns, an easement over, under, across, and through cer tain property owned or claimed by the state, situate in the Savannah River, Chatham County, Georgia.

HR 103. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A resolution urging Congress to provide financial assistance for the relocation of utility lines which prevent the use of pivot irrigation systems on large tracts of prime farm land.

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

SB 196. By Senator Bond of the 39th:
A bill to provide that in all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be em-

THURSDAY, JANUARY 22, 1981

165

powered by ordinance or resolution to assess against abutting property the cost of repairing any public way and cleaning up from any public way any debris or material resulting from private construction activities.
Referred to Committee on County and Urban Affairs.

SB 197. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law," as amended, so as to change the membership of the authority in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

SB 198. By Senator Scott of the 43rd:
A bill to prohibit certain computer related crimes; to provide for a short title; to provide for legislative intent; to provide for definitions; to pro hibit computer fraud; to prohibit certain accessing, altering, damaging, or destroying of computers, computer systems, or computer networks and to prohibit certain attempts relating thereto.
Referred to Committee on Judiciary.

SB 199. By Senator Scott of the 43rd:
A bill to amend an Act known as "The Georgia Justice Courts Training Council Act," as amended, so as to provide that the term "justice of the peace" shall not include any justice of the peace or notary public ex officio justice of the peace who is a practicing attorney.
Referred to Committee on Judiciary.

SB 200. By Senator Barnes of the 33rd:
A bill to amend an Act establishing an effective date for the federal cen sus as used in the statutory law of Georgia so as to change the effective date for purposes of application of certain laws; to provide for all related matters; to provide an effective date.
Referred to Committee on Judiciary.

SB 201. By Senators Hudgins of the 15th, Eldridge of the 7th, Littlefield of the 6th and others:
A bill to provide for law enforcement officers' procedural due process; to provide a short title; to provide for applicability; to provide for specific rights of law enforcement officers; to provide for investigations; to pro vide for hearings before punitive actions; to provide for severability.
Referred to Committee on Public Safety.

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SB 202. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation," as amended, so as to provide that all counties in the state shall notify the Georgia Department of Transportation when a road or street is abandoned or added to the road system of the county.
Referred to Committee on Transportation.

SB 203. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Chapter 95A-9, relating to the regulation of public roads, as amended, so as to authorize the issuance of trimming permits for the trimming of vegetation obscuring the visibility of signs; to provide procedures and requirements in connection therewith.
Referred to Committee on Transportation.

SB 204. By Senator Brantley of the 56th:
A bill to provide that in all counties of this State having a population of 550,000 or more according to the 1970 United States decennial census or any future such census, any employees responsible for inspection and enforcement of regulatory codes, ordinances, regulations, rules, and orders shall have authority to issue citations to persons who violate any such codes, ordinance, regulations, rules, and orders.
Referred to Committee on County and Urban Affairs.

SB 205. By Senator Brantley of the 56th:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that in certain counties all funds collected under the authority of said Act shall be paid into the general treasury of such county to be used for lawful county purposes.
Referred to Committee on County and Urban Affairs.

SB 206. By Senator Bond of the 39th:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937," as amended, so as to provide that the board of family and children services in certain counties shall consist of ten members.
Referred to Committee on Governmental Operations.

SB 207. By Senator Broun of the 46th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," as amended, so as to change the provisions relative to the minimum insurance coverage required for motor vehicles. Referred to Committee on Banking, Finance and Insurance.

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SB 208. By Senators Broun of the 46th and Tysinger of the 41 st:
A bill to amend Code Section 68C-307, relating to requirements and limits of certain automobile liability policies under "The Motor Vehicle Safety Responsibility Act," so as to change the provisions relative to the required policy limits for injury or destruction to property of others.
Referred to Committee on Banking, Finance and Insurance.

SB 209. By Senator Coverdell or the 40th:
A bill to amend an Act creating a State Court of Fulton County, as amend ed, creating for said state court the Office of Magistrate, so as to provide that deputy marshals shall be baliffs for the magistrates of said court. Referred to Committee on County and Urban Affairs.

SB 210. By Senator Coverdell of the 40th:
A bill to amend an Act creating a Civil Service Board in Fulton County, as amended, so as to provide for the position of law clerk for the Superior, State or Juvenile Court of Fulton County. Referred to Committee on County and Urban Affairs.

SB 211. By Senator Coverdell of the 40th:
A bill to amend an Act establishing a municipal court of the City of Atlan ta (now a division of the State Court of Fulton County), as amended, so as to change the cost deposit requirements and the costs charged by the clerk and marshal of the court.
Referred to Committee on County and Urban Affairs.

SB 212. By Senator Coverdell of the 40th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," as amended, so as to provide for a "substantial evidence" standard for judicial review of administrative decisions in contested cases rather than the "any evidence" standard.
Referred to Committee on Judiciary.

SB 213. By Senator Coverdell of the 40th:
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 Public Safety.

SB 214. By Senator Coverdell of the 40th:
A bill to amend an Act creating a State Court of Fulton County by con solidating the Criminal Court of Fulton County and the Civil Court of

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Fulton County, as amended, so as to provide that the duties and respon sibilities of the chief clerk shall also include those of administrator of said court.
Referred to Committee on County and Urban Affairs.

SR 48. By Senators Reynolds of the 48th, Deal of the 49th and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to authorize the Governor to veto proposed constitutional amendments whose final determination as general or not general differ from the deter mination made by the presiding officer of the house of the General Assembly in which the measure was introduced; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Rules.

SR 49. By Senators Lester of the 23rd, Gillis of the 20th and Turner of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide 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 submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 50. By Senators Bell of the 5th, Coverdell of the 40th and Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that no bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly shall become law without the approval of two-thirds of the members elected to each branch of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 51. By Senators Coverdell of the 40th, Bell of the 5th, Tysinger of the 41st and others:
A resolution proposing an amendment to the Constitution so as to pro hibit supplementary appropriations for any fiscal year unless the Gover nor declares the existence of an emergency in which event a supplemen tary appropriations Act may be enacted by a two-thirds' vote of the Senate and House of Representatives in a roll call vote thereon; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

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

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HB 53. By Representative Dixon of the 151st:
A bill to amend Code Section 76-102, relating to suit for breach of bonds for good behavior, so as to change certain provisions relating to disposi tion of recovery. Referred to Committee on Judiciary.

HB 73. By Representatives Phillips of the 125th and Swann of the 90th:
A bill to amend Code Section 26-1812, relating to the punishment for cer tain crimes of theft, so as to change the penalty provisions relating to the crimes of theft. Referred to Committee on Special Judiciary.

HB 87. By Representatives Kilgore of the 65th, Williams of the 6th, Rowland of the 119th 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 uniform tangible personal proper ty tax returns; to require the Department of Revenue to provide certain courses of instruction; to require training for persons in the appraisal of tangible personal property. Referred to Committee on Banking, Finance and Insurance.
HB 195. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase bonded license fees; to increase cash license agents' fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the combination license fee; to increase freshwater fishing license fees. Referred to Committee on Natural Resources and Environmental Quality.
HB 196. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend the Georgia Boat Safety Act, so as to provide for a revi sion to the boating registration license fees; to revise the boating registra tion transfer fee. Referred to Committee on Natural Resources and Environmental Quality.

HB 204. By Representative Crosby of the 150th:
A bill to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff. Referred to Committee on County and Urban Affairs.

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HB 216. By Representative Cox of the 141st:
A bill to create the Downtown Bainbridge Development Authority. Referred to Committee on County and Urban Affairs.

HR 42. By Representatives Jones of the 126th, Triplett of the 128th, Ginsberg of the 122nd and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Harbert Corpora tion and Elk River Resources, Inc., both authorized to do business in Georgia, their successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State, situate in the Savannah River, Chatham County, Georgia.
Referred to Committee on Public Utilities.

HR 103. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A resolution urging Congress to provide financial assistance for the relocation of utility lines which prevent the use of pivot irrigation systems on large tracts of prime farm land.
Referred to Committee on Agriculture.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Governmental Operations 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 93. Do pass as amended.
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 has instructed me to report the same back to the Senate with the following recommendations:
SB 97. Do pass. SB 114. Do pass.

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SB 125. SB 126. SB 44.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Barnes of the 33rd 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 77. 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 sec ond time:

SB 24. By Senators Cobb of the 28th and English of the 21st:
A bill to amend an Act to provide for a program for indemnification with respect to the death or permanent disability of certain law enforcement officers, firemen, or prison guards, as amended, so as to include within the indemnification program certain emergency medical technicians.

SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provisions and pro cedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission.

SB 80. By Senators Cobb of the 28th 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; to provide for postmarks as proof of timely submission of documents.

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SB 81. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to amend Code Section 68-201, relating to the registration and licensing of motor vehicles, as amended, so as to provide a penalty for failure to register a new or used motor vehicle, trailer, truck, truck- trac tor, or motorcycle within a certain time limit.

SB 95. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-1, relating to eligibility and qualifica tions to hold public office, as amended, so as to permit persons convicted of felonies to hold civil office upon restoration of their rights as provided by law; to provide that mentally incompetent persons may not hold civil office.

SR 10. By Senators Cobb of the 28th and English of the 21st:
A resolution proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain emergency medical technicians killed or permanently disabled in the line of duty; to provide for submission of this amendment for ratification or rejection.

SR 36. By Senator Summers of the 53rd:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Trion Independent School District who is 62 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 $10,000.00 per annum shall be granted an exemption from all ad valorem taxes levied by the City of Trion; to pro vide for the submission of this amendment for ratification or rejection.

HB 34. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to repeal "An Act creating a Small Claims Court in each county in this State having a population of not less than 13,160 and not more than 13,200".

HB 41. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a charter for the City of Gumming, so as to change the punishment which can be imposed by the police court.

HB 63. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax collector of Sumter County into the one office of tax commissioner.

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173

HB 69. By Representative Cox of the 141st:
A bill to further define and prescribe the powers of the Decatur CountyBainbridge Industrial Development Authority, to supplement, enlarge, and extend such powers with respect to said authority.

HB 70. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the date for holding elections in said city; to provide for the election of the mayor and aldermen.

HB 77. By Representative Hutchinson of the 133rd:
A bill to repeal an Act entitled "An Act to create a small claims court in certain counties in this State".

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

SB 120. By Senator Littlefield of the 6th:
A bill to repeal an Act entitled "An Act to create and establish a Small Claims Court in and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court."

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

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

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

SB 127. By Senator Kidd of the 25th:
A bill to amend Code Section 91A-1111, relating to applications for homestead exemptions, as amended, so as to change the time for apply ing for homestead exemptions 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.

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

SB 128. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provi sions relating to the compensation of the judge of the probate court.

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

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

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

SB 129. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County so as to change the provisions relating to the compensa tion of the tax commissioner.

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

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

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

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court.

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

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

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

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175

SB 131. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts in certain designated coun ties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County; to provide an effective date.

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

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

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

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

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton
Tate Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Broun of 46th Brown of 47th Coverdell

Holloway (excused) Horton Howard

Stephens (excused) Thompson Timmons

Senator Scott of the 43rd introduced the chaplain of the day, Dr. Gene Tyre, pastor of Rainbow Park Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

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SENATE CALENDAR
Thursday, January 22, 1981
ELEVENTH LEGISLATIVE DAY
SB 37. Child Alimony--person paying required to obtain life insurance (SUBSTITUTE) (Judy-33rd)
SB 39. Abatement of Nuisances--proper venue (Judy--33rd)
SB 40. Offense of Insurrection--change definition (Judy--33rd)
SB 41. Unfair Cigarette Sales Act--repeal (Judy--33rd) SB 42. Contracts of Suretyship and Guaranty--abolish distinction between
(Judy-33rd) SB 43. Unfair Commercial Code-redefine "public sale" (SUBSTITUTE)
(Judy-33rd) SB 45. Corporations--penalty for violation of corporate contributing Code
(Judy-33rd) SB 46. Southeastern Interstate Forest Fire Protection Compact--compact
administrator (Gov Op--33rd) SB 48. Material Facts Discovered by a Confession--repeal Code Section
(Judy-33rd) SB 51. Consideration in Contracts--revise and modernize (Judy--33rd) SB 92. Primaries and Elections--unlawful campaign practices (Gov Op--25th)
SB 94. Election Code--restore civil rights of persons convicted of crimes (Gov Op-25th)
SB 109. Surplus State Property Disposal--no monthly report (Gov Op--25th)
SB 110. Certain Public Contracts--change bond requirements (Gov Op--25th)
SB 111. Certain Purchases made by State Departments, Agencies--dollar limit (Gov Op--25th)
SB 123. Board of Pharmacy--add two members (Gov Op--5th) SB 124. Public Telecommunications Commission--create (Gov Op--44th)
SR 6. Senate Music Industry Committee--create (Rules--26th) SR 24. Joint Committee for Review of Administrative Rules--create (Gov
Op-27th) SR 25. Felon, and Those Incompetent to Vote--prohibit voting, holding office
(Gov Op--25th)

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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177

SB 37. By Senator Barnes of the 33rd:
A bill to amend Code Section 30-207, relating to alimony for children on final trial and liability for necessaries, as amended, so as to authorize the trier of facts to require the person required to provide permanent sup port to obtain life insurance.

The Senate Committee on Judiciary offered the following substitute to SB 37:
A BILL
To be entitled an Act to amend Code Section 30-207, relating to alimony for children on final trial and liability for necessaries, as amend ed, so as to authorize the trier of facts to require the person required to provide permanent support to obtain life insurance; 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 30-207, relating to alimony for children on final trial and liability for necessaries, as amended, is hereby amended by designating the current language of said Code section as subsection (a) and by adding immediately following newly designated subsection (a) the following:
"(b) (1) As part of its final verdict or decree, the trier of fact is autho rized to require the party ordered to pay permanent support for a minor child to obtain life insurance.
(2) Any such life insurance shall insure the life of the party ordered to pay the permanent support, shall name the minor child as beneficiary, and shall be maintained in an amount which at any time is at least equivalent to the remainder of the permanent support payments which the minor child would receive under the permanent support order if the insured does not die.",
so that when so amended Code Section 30-207 shall read as follows:
"30-207. Alimony for children on final trial; liability for necessaries, (a) In its final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall fur ther specify in what manner, how often, to whom, and until when such support shall be paid. When such support is awarded, the party who is required to pay such support shall not be liable to third persons for necessaries furnished to the children embraced in said verdict or decree.
(d) As part of its final verdict or decree, the trier of fact is autho rized to require the party ordered to pay permanent support for a minor child to obtain life insurance. Any such life insurance shall in sure the life of the party ordered to pay the permanent support and shall name the minor child as beneficiary."

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Starr Summers Tate Timmons Trulock Turner Ty singer Walker Wessels

Those voting in the negative were Senators:

Ballard Brannon Fincher of 54th

Hudgins Littlefield

Stumbaugh Sutton

Those not voting were Senators:

Broun of 46th Hill

Holloway (excused) Stephens (excused)

Thompson

On the passage of the bill, the yeas were 44, nays 7.

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

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179

SB 39. By Senator Barnes of the 33rd:
A bill to amend Code Section 72-201, relating to authorization and pro cedure for abatement of nuisances generally, as amended, so as to pro vide for proper venue for the abatement of nuisances as provided in said Code Section.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincherof 52nd Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land

Those not voting were Senators:

Garner Holloway (excused] Howard

McKenzie Stephens (excused)

Lester Littlefield McGill Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels
Thompson Timmons

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

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

SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, as amended, so as to change the definition of the offenses of in surrection and inciting to insurrection.

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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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Holloway (excused)

Hudgins Land

Stephens (excused) Thompson

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

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

SB 41. By Senator Barnes of the 33rd:
A bill to repeal an Act known as the "Unfair Cigarette Sales Act," as amended; to provide for a statement of purpose.

Senator Kidd of the 25th moved that SB 41 be postponed until February 9.

On the motion, the yeas were 22, nays 10; the motion prevailed, and SB 41 was postponed until February 9.

Senator Evans of the 37th introduced Honorable Andrew Young, former Am bassador to the United Nations, who briefly addressed the Senate.

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181

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 42. By Senator Barnes of the 33rd:
A bill to amend Code Title 103, relating to suretyship, as amended, so as to abolish the distinction between contracts of suretyship and guaranty; to change certain definitions.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Hill Holloway (excused)

Hudgins Stephens (excused)

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

Thompson Tysinger

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

SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code,'' as amended, so as to redefine the term "public sale''.

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The Senate Committee on Judiciary offered the following substitute to SB 43:
A BILL
To be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code," as amended, so as to redefine the term "public sale"; to renumber such definition; to provide for exceptions; to provide for statement of purpose; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly hereby finds that an amendment to Code Section 109A-1-201, the definition section of the Uniform Commer cial Code, added a definition of the term "public sale" to the Uniform Commercial Code. This term was not defined by the drafters of the Uniform Commercial Code but is purely a Georgia definition added to the Uniform Commercial Code by an Act approved March 22, 1963 (Ga. Laws 1963, p. 188). The General Assembly further finds that the adver tising requirements contained within the definition "public sale" are in direct conflict with other provisions of the Uniform Commercial Code. Therefore, it is the purpose of this Act to reconcile such inconsistencies within the Uniform Commercial Code as adopted in the State of Georgia.
Section 2. Code Title 109A, known as the "Uniform Commercial Code," as amended, is hereby amended by striking from Code Section 109A-1-201 the following:
"(31 A] 'Public Sale' means a sale of which notice is given by advertisement once a week for two weeks in a newspaper in which sheriffs' advertisements are published in the county where the sale is to be held, which shall state the day and hour, between 10:00 o'clock A. M. and 4:00 P. M., and place of sale, and shall briefly identify the goods to be sold. The sale shall be held at a place reasonably available to persons who might desire to attend and submit bids, and those at tending shall be given opportunity to bid on a competitive basis, and the sale if made shall be made to the highest and best bidder. The pro visions hereof shall not be in derogation of any additional re quirements relating to notice of and conduct of any such public sale as may be contained in other provisions of this Code, but shall be sup plementary thereto.",
and inserting in lieu thereof the following:
"(31.1) 'Public sale' means a sale:
(A) Held at a place reasonably available to persons who might desire to attend and submit bids; and
(B) At which those attending shall be given the opportunity to bid on a competitive basis; and
(C) At which the sale, if made, shall be made to the highest and best bidder; and

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183

(D) Of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold; except as otherwise provided in this title for advertising or dispensing with the advertising of public sales. The provisions of this paragraph shall not be in derogation of any additional requirements relating to notice of and conduct of any public sale as may be contained in other provi sions of this Code but shall be supplementary thereto."
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 39, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy

Kidd Land Lester Littlefield McGill McKenzie Reynolds Starr Stumbaugh Summers Sutton Tate Trulock Turner Walker Wessels

Voting in the negative were Senators Ballard and Scott.

Those not voting were Senators:

Holloway (excused) Robinson

Stephens (excused] Thompson

Timmons Tysinger

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 2.

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

SB 45. By Senator Barnes of the 33rd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the provisions relating to the penalties for the violation of Code Section 22-5105, prohibiting corporations from contributing to influence official actions.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Those not voting were Senators:

Fincher of 52nd Holloway (excused)

Stephens (excused) Thompson

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Timmons Trulock Turner Walker Wessels
Tysinger

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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185

SB 46. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972," as amended, so as to provide that the director of the Georgia Forestry Commission, rather than the commissioner of Natural Resources or his designated representative, shall be the compact ad ministrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Ty singer Walker Wessels

Those not voting were Senators:

Evans Fincher of 52nd

Fincher of 54th Hill

Holloway (excused) Stephens (excused)

On the passage of the bill, the yeas were 50, 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, having been passed previously today, be immediately transmitted to the House:

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JOURNAL OF THE SENATE

SB 37. By Senator Barnes of the 33rd:
A bill to amend Code Section 30-207, relating to alimony for children on final trial and liability for necessaries, as amended, so as to authorize the trier of facts to require the person required to provide permanent sup port to obtain life insurance.

On the motion, the yeas were 35, nays 2; the motion prevailed, and SB 37 was immediately transmitted to the House.

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

SB 48. By Senator Barnes of the 33rd:
A bill to repeal Code Section 38-413, relating to material facts discovered by a confession.

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

On 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 Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean
Eldridge English
Engram Evans Foster Garner Gillis
Hill Horton Howard Hudson Kennedy Kidd Land

Lester
Littlefield McGill
McKenzie Reynolds Summers Sutton Tate
Thompson Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Scott

Stumbaugh

Tysinger

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187

Those not voting were Senators:

Fincher of 52nd Fincher of 54th Greene

Holloway (excused) Hudgins Robinson

Starr Stephens (excused)

On the passage of the bill, the yeas were 44, nays 4.

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

SB 51. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-302, relating to the definition of con sideration, so as to change the definition of consideration; to provide for other matters 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 Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land

Those not voting were Senators:

Holloway (excused) Hudgins

Robinson Stephens (excused)

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Tate

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

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JOURNAL OF THE SENATE

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

The following resolution of the Senate was read and adopted:

SR 47. By Senator Reynolds of the 48th: A resolution commending Mr. George Rogers.

Senator Reynolds of the 48th introduced George Rogers, Coach Cecil Morris of Duluth High School and Coach Jack Fligg of the University of South Carolina, to the Senate.

Senator Starr of the 44th assumed the Chair at the direction of the President.

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

SB 92. By Senator Kidd of the 25th:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, as amended, so as to provide for unlawful campaign practices.

Senator Sutton of the 9th offered the following amendment:

Amend SB 92 by striking the symbols, letters and figures "34-1307A"
where they appear on Page 1, lines 9 and 12 and inserting in lieu thereof the following:
"34-1307.1".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

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

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

THURSDAY, JANUARY 22, 1981

189

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land

Those not voting were Senators:

Holloway (excused) Hudson

Starr (presiding) Stephens (excused)

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Timmons

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

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

SB 94. By Senator Kidd of the 25th:
A bill to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for the restoration of certain civil rights of persons convicted of crimes; to provide for the filing of disqualification lists with registrars.

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

On the 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

Bowen Brannon Brantley

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JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

Those voting in the negative were Senators:

Land Sutton

Thompson

Those not voting were Senators:

Fincher of 54th Holloway (excused)

Starr (presiding)

McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Tate Timmons Turner Tysinger Walker Wessels
Trulock
Stephens (excused)

On the passage of the bill, the yeas were 48, nays 4.

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

Senator Stumbaugh of the 55th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 94.

The President resumed the Chair.

SB 109. By Senator Kidd of the 25th:
A bill to amend an Act providing the procedures under which surplus State property shall be disposed of, as amended, so as to delete the re quirement for a monthly report; to provide for regulation of surplus property sales to and resales by political subdivisions, health or educa tional institutions, and public corporations.

The report of the committee, which was favorable to the 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, JANUARY 22, 1981

191

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting were Senators Holloway (excused| and Stephens (excused).

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

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

The following resolutions of the Senate were read and adopted:
SR 5. By Senator Broun of the 46th and many others: A resolution commending the nation's Number 1 team, the Georgia "Bulldogs".

SR 43. By Senators Broun of the 46th, Gillis of the 20th and Holloway of the 12th:
A resolution recognizing Larry Munson.

SR 44. By Senators Broun of the 46th, Gillis of the 20th and Holloway of the 12th:
A resolution recognizing Vince Dooley.

SR 45. By Senators Gillis of the 20th, Broun of the 46th and Holloway of the 12th:
A resolution recognizing Herschel Walker.

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JOURNAL OF THE SENATE

SR 46. By Senator Broun of the 46th:
A resolution recognizing the University of Georgia varsity cheerleader squad.

Senator Broun of the 46th introduced Head Coach Vince Dooley of the Univer sity of Georgia, who introduced his assistant coaches and the seniors on the 1980
football team.

Senator Broun of the 46th also introduced Governor George Busbee, Fred Davidson, president of the University of Georgia, and Larry Munson, the team radio announcer, who each briefly addressed the Senate, and the varsity cheerleaders who led a cheer.

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

SB 110. By Senator Kidd of the 25th:
A bill to amend Code Chapter 23-17, relating to contracts by counties and other units of government, as amended, so as to change the bond re quirements for certain public contracts; 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:

AUgood Ballard Barker
Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th
BrYant Cobb Coleman Coverdell
Deal Dean

Eldridge English Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
H ill Horton
Howard Kennedy Kidd Land
Lester Littlefield

McGill McKenzie Reynolds
Robinson Scott Starr Stumbaugh Summers Tate
Thompson Timmons Trulock Turner Tysinger Walker
Wessels

THURSDAY, JANUARY 22, 1981

193

Those not voting were Senators:

Engram Holloway (excused)

Hudgins Hudson

Stephens (excused) Sutton

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

The bill, having received the requisite constitutional majority, was passed.
SB 111. By Senator 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 appertained to the Supervisor of Purchases and the State Purchasing Board, as amended, so as to amend the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without com petitive bidding.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds
Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway (excused)

Hudgins

Stephens (excused)

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JOURNAL OF THE SENATE

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

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

SB 123. By Senator Bell of the 5th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, as amended, so as to add two members to the board; to pro vide for qualifications and appointment of members; to provide for terms; to provide for vacancies; to change certain vote requirements.

Senator Bell of the 5th moved that SB 123 be postponed until Tuesday, February 10.

On the motion, the yeas were 32, nays 7; the motion prevailed, and SB 123 was postponed until Tuesday, February 10.

SB 124. By Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th, Robinson of the 27th, Foster of the 50th and Eldridge of the 7th:
A bill to create the Georgia Public Telecommunications Commission; to provide for the membership on the commission, their appointment, terms of office, and the method of filling vacancies, to provide for the compensation of the members.

Senator Starr of the 44th offered the following amendment:

Amend SB 124 by adding at the end of line 7, Page 3 the following:
"Each appointment to the Commission shall be subject to con firmation by the Georgia State Senate."

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

Senators Broun of the 46th and Starr of the 44th offered the following amend ment:
Amend SB 124 by inserting on Page 8, line 31, between the words "that" and "instructional", the following:
"the content of",
and
By inserting on Page 9, line 2, between the words "for" and "programs", and on Page 9, line 7, between the words "and" and

THURSDAY, JANUARY 22, 1981

195

"adult", and on Page 9, line 13, between the words "and" and "continu ing", the following:
"college and university credit courses and",
and
By inserting on Page 10, line 1, between the words "Education" and "are", the following:
"that are primarily involved in the production and transmission of television programming".

On the adoption of the amendment, the yeas were 46, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson Starr Summers Sutton Tate Timmons Trulock Walker Wessels

Those voting in the negative were Senators:

Ballard Brantley Bryant Coverdell Dean

Hudgins Kennedy Land Scott

Stumbaugh Thompson Turner Tysinger

Not voting were Senators Holloway (excused) and Stephens (excused).

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 41, nays 13.

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

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 6. By Senators Greene of the 26th and Eldridge of the 7th: A resolution creating the Senate Music Industry 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 Bond Bowen Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Bryant

Holloway (excused)

Stephens (excused)

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

THURSDAY, JANUARY 22, 1981

197

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 1:55 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

198

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, January 23, 1981

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

Senator Barker of the 18th 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 47. By Representatives Childs of the 51st, Murphy of the 18th, Ramsey of the 3rd and others:
A bill to provide a contingent expense and travel allowance for court reporters of the superior court, so as to change the expenses and allowances.

HB 57. By Representative Wall of the 61 st:
A bill to create a new charter for the city of Dacula, so as to provide that the city council may override the mayor's veto of the council.

HB 71. By Representative Ham of the 80th:
A bill to require each state agency to update annually its mailing lists, so as to require state agencies to stamp the mailing date on envelopes mail ed by the agencies under certain circumstances.

HB 76. By Representative Hutchinson of the 133rd:
A bill to establish the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement age.

FRIDAY, JANUARY 23, 1981

199

HB 93. By Representatives Johnson of the 72nd, Oliver of the 121st and Ross of the 76th:
A bill to amend the "Act creating the Public School Employees Retire ment System", so as to change the title of a member of the Board of Trustees.

HB 150. By Representative Hutchinson of the 133rd: A bill to create and establish a Small Claims Court of Lee County.

HB 208. By Representatives Swann of the 90th and Jessup of the 117th:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war.

HB 229. By Representatives Padgett of the 86th, Nicholson of the 88th, Dent of the 85th and others:
A bill to create the State Court of Richmond County, so as to prohibit the judge of the state court from engaging in the practice of law and to pro vide for an assistant solicitor.

HB 233. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Code Chapter 91A-14, relating to uniform property tax administration and equalization, so as to provide for the election of the members of the board of tax assessors in all counties having a population of not less than 33,000 and not more than 34,000.

HB 261. By Representatives Hooks of the 116th and Castleberry of the lllth:
A bill to place the sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the compensation of the sheriff.

HB 265. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to create the State Court of Ware County, formerly the City Court of Waycross, so as to change the compensation of the judge and the solicitor of the court.

HB 269. By Representatives Walker of the 115th and Culpepper of the 98th: A bill to create and establish a Small Claims Court of Macon County.

HB 221. By Representatives Hays of the 1st, Wood of the 9th, Pinkston of the 100th and others:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing and parking of motor vehicles so as to define "handicapped person''.

200

JOURNAL OF THE SENATE

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

SB 215. By Senator Foster of the 50th:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities, as amended, so as to provide for the position of a Poet Laureate for the State of Georgia; to provide for the appointment thereof. Referred to Committee on Rules

SB 216. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, as amended, so as to provide for exceptions under certain cir cumstances; to continue certain regulations; to provide for exceptions.
Referred to Committee on Governmental Operations.

SB 217. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for judges of the pro bate courts of the various counties of Georgia, as amended, so as to in crease the minimum salaries of said probate judges; to change the provi sions relating to additional compensation.
Referred to Committee on Governmental Operations.

SB 218. By Senator Timmons of the 11 th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825 and not more than 6,925, according to the United States Decennial Census of 1960, or any future such census;'', as amended.
Referred to Committee on County and Urban Affairs.

SB 219. By Senator Hudson of the 35th:
A bill to amend Code Chapter 73-2, relating to inspection and sale of petroleum products, as amended, so as to require gasoline retail dealers having both full-service and self-service pumps to pump gasoline from self-service pumps for handicapped persons who are themselves unable to operate self-service pumps.
Referred to Committee on Industry, Labor and Tourism.

SB 220. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to provide that it is unlawful to obtain or attempt to obtain medical assistance and other benefits and payments under certain cir-

FRIDAY, JANUARY 23, 1981

201

cumstances; to provide that it is unlawful for a provider to accept certain payments to which he is not entitled.
Referred to Committee on Human Resources.

SB 221. By Senators Stumbaugh of the 55th, Hudgins of the 15th, Foster of the 50th and others:
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 222. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 41A-34, relating to business development corporations, as amended, so as to provide that members may voluntari ly make loans to a business development corporation that are not subject to the restrictions specified for loans which they are obligated to make and to modify certain of such restrictions.
Referred to Committee on Banking, Finance and Insurance.

SR 52. By Senators Lester of the 23rd, Kennedy of the 4th and Garner of the 30th:
A resolution relative to the death penalty. Referred to Committee on Offender Rehabilitation.

SR 53. By Senator Howard of the 42nd: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to com mittees:

HB 47. By Representatives Childs of the 51st, Murphy of the 18th, Ramsey of the 3rd and others:
A bill to amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, so as to change the expenses and allowances.
Referred to Committee on Judiciary.

HB 71. By Representative Ham of the 80th:
A bill to amend an Act requiring each state agency to update annually its mailing lists, so as to require state agencies to stamp the mailing date on envelopes mailed by the agencies under certain circumstances. Referred to Committee on Governmental Operations.

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JOURNAL OF THE SENATE

HB 76. 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 93. By Representatives Johnson of the 72nd, Oliver of the 121st and Ross of the 76th:
A bill to amend an Act known as the "Act Creating the Public School Employees Retirement System", so as to change the title of a member of the Board of Trustees.
Referred to Committee on Retirement.

HB 208. By Representatives Swann of the 90th and Jessup of the 117th:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war. Referred to Committee on Defense and Veterans Affairs.

HB 221. By Representatives Hays of the 1st, Wood of the 9th, Pinkston of the 100th and others:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to define "handicapped person".
Referred to Committee on Transportation.

HB 57. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the city of Dacula, so as to provide that the city council may override the mayor's veto of the council. Referred to Committee on County and Urban Affairs.

HB 150. By Representative Hutchinson of the 133rd:
A bill to create and establish a Small Claims Court of Lee County. Referred to Committee on County and Urban Affairs.

HB 229. By Representatives Padgett of the 86th, Nicholson of the 88th, Dent of the 85th and Cheeks of the 89th:
A bill to amend an Act creating the State Court of Richmond County, so as to prohibit the judge of the state court from engaging in the practice of law; to provide for an assistant solicitor.
Referred to Committee on County and Urban Affairs.

FRIDAY, JANUARY 23, 1981

203

HB 233. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Code Chapter 91 A-14, relating to uniform property tax administration and equalization, so as to provide for the election of the members of the board of tax assessors in all counties having a population of not less than 33,000 and not more than 34,000.
Referred to Committee on County and Urban Affairs.

HB 261. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 265. By Representatives Dixon of the 151 st and Crosby of the 150th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the compensation of the judge and the solicitor of the court.
Referred to Committee on County and Urban Affairs.

HB 269. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to create and establish a Small Claims Court of Macon County. Referred to Committee on County and Urban 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 152. SB 154. HB 185.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator McGill of the 24th District, Chairman

204 Mr. President:

JOURNAL OF THE SENATE

Your Committee on Banking, Finance and Insurance has had under considera tion the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 71. Do pass.

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

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 105. Do pass by substitute.
HB 32. Do pass by substitute.

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

Mr. President:

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

SB 146. SB 147. SB 151. SB 161. HB 5. HB 6. HB 187. HB 204.

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

FRIDAY, JANUARY 23, 1981

205

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 7. SR 19. SR 26. SR 33. SB 73. SB 75. SB 76. SB 104. SB 138. SB 139.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Mr. President:

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

Your Committee on Human Resources has had under consideration the follow ing bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 145. Do pass by substitute.
HR 17. Do pass.

Mr. President:

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

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 115. Do pass as amended.

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

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JOURNAL OF THE SENATE

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 following recommendation:
SB 108. Do pass.

Respectfully submitted, Senator Tate of the 38th District, Chairman
The following bills of the Senate were read the second time:

SB 44. By Senator Barnes of the 33rd:
A bill to amend an Act providing for the registration of trade names, part nership names, and other names not disclosing the individual or cor porate ownership of trades or businesses carried on under such names, as amended.

SB 77. By Senator Barnes of the 33rd:
A bill to amend Code Section 68A-1507, relating to treating offenses either as state or local offenses, so as to provide that the citation charging a violation of an ordinance shall be deemed to have been an arrest charg ing the defendant with a violation of a State offense.

SB 93. By Senator Kidd of the 25th:
A bill to amend Code Section 34A-519, relating to the right of registrars to reexamine qualifications of electors listed, subpoenaing of documents and witnesses, and notice of hearing to elector whose right to remain on list is questioned, so as to provide for notice to be provided to electors.

SB 97. By Senator Barnes of the 33rd:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to change the provisions of Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees.

SB 114. By Senators Barnes of the 33rd, Allgood of the 22nd, English of the 21st and others:
A bill to amend Code Section 39-1105, relating to fees for advertising, as amended, so as to change certain fees.

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207

SB 125. By Senator Greene of the 26th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," as amended, so as to change the number of days within which notice of a security interest must be delivered to the commissioner in order to perfect such interest as of the date of the security agreement.

SB 126. By Senator Greene of the 26th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialsmen's liens, as amended, so as to change certain bonding re quirements.

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

HB 34. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to repeal' 'An Act creating a Small Claims Court in each county in this State having a population of not less than 13,160 and not more than 13,200".

The report of the committee, which was favorable to the passage of 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 41. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a charter for the City of Cumming, so as to change the punishment which can be imposed by the police court.

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

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

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

HB 63. By Representatives Hooks of the 116th and Castleberry of the 111th:
A bill to amend an Act consolidating the offices of tax collector of Sumter County into the one office of tax commissioner.

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

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

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

HB 69. By Representative Cox of the 141 st:
A bill to further define and prescribe the powers of the Decatur CountyBainbridge Industrial Development Authority, to supplement, enlarge, and extend such powers with respect to said 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 47, nays 0.

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

HB 70. By Representative Cox of the 141 st:
A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the date for holding elections in said city; to provide for the election of the mayor and aldermen.

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

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

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

HB 77. By Representative Hutchinson of the 133rd:
A bill to repeal an Act entitled "An Act to create a small claims court in certain counties in this State".

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

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

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209

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 Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

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

Those not answering were Senators:

Bowen Broun of 46th Coverdell Evans

Fincher of 52nd Hill Holloway (excused)

Littlefield Stephens (excused) Trulock

Senator Walker of the 19th introduced the chaplain of the day, Reverend Robert Hoffman, pastor of the First Baptist Church, McRae, Georgia, who offered scripture reading and prayer.

Senator Hudgins of the 15th moved that the following bill of the Senate be withdrawn from the Committee on Public Safety and committed to the Committee
on Special Judiciary:

SB 201. By Senators Hudgins of the 15th, Eldridge of the 7th, Littlefield of the 6th and others:
A bill to provide for law enforcement officers' procedural due process; to provide a short title; to provide for applicability; to provide for specific rights of law enforcement officers; to provide for investigations; to pro vide for hearings before punitive actions; to provide for severability.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 201 was withdrawn from the Committee on Public Safety and committed to the Committee on Special Judiciary.

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Senator Bond of the 39th moved that the following bill of the House be withdrawn from the Committee on Consumer Affairs and committed to the Com mittee on Banking, Finance and Insurance:

HB 4. By Representatives Bolster of the 30th, Dixon of the 151st, Crosby of the 150th and others:
A bill to revise, modernize, codify, and update certain laws relating to alcoholic beverages; to amend Code Title 5A, known as the Georgia Alcoholic Beverage Code.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 4 was withdrawn from the Committee on Consumer Affairs and committed to the Com mittee on Banking, Finance and Insurance.

SENATE CALENDAR Friday, January 23, 1981 TWELFTH LEGISLATIVE DAY

SR 24. Joint Committee for Review of Administrative Rules -- create (Gov Op -- 27th)
SR 25. Felon, and Those Incompetent to Vote -- prohibit voting, holding office (Gov Op - 25th)
SB 24. Indemnification of Policemen, Firemen, Prison Guards -- include emergency medical technicians (Pub Saf -- 28th)
SB 29. Public Service Commission -- revise certain provisions on regulation of utility services (AMENDMENT) (Pub U - 22nd)
SB 80. Motor Vehicle Title -- time limit to deliver to transferee (Pub Saf -- 28th)
SB 81. Motor Vehicle Registration -- time limit (AMENDMENT) (Pub Saf -28th)
SB 95. Felon -- hold civil office upon restoration of rights (AMENDMENT) (Gov Op - 25th)
SR 10. Emergency Medical Technicians -- indemnification (Pub Saf -- 28th)
The following general resolutions of the Senate, favorably reported by the com mittees, were read the third time and put upon their adoption:

SR 24. By Senators Robinson of the 27th, Barker of the 18th, Stumbaugh of the 55th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to create within the General Assembly, a Joint Committee for Review of Administrative Rules and to provide for the powers, duties, authority, practices and pro-

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211

cedures of the committee, including the power to suspend rules and regulations; 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 III, Section V of the Constitution is hereby amend ed by adding at the end thereof a new Paragraph XIV, to read as follows:
"Paragraph XIV. Joint Committee for Review of Administrative Rules. There is hereby created a committee to be known as the 'Joint Committee for Review of Administrative Rules,' to be composed of five members of the Senate to be appointed by the President of the Senate under such procedures as may be established by the rules of the Senate and five members of the House of Representatives to be ap pointed by the Speaker of the House of Representatives under such procedures as may be established by the rules of the House of Representatives. One member of the joint committee shall be a senator who is not a member of the majority political party in the Senate, and one member of the joint committee shall be a represen tative who is not a member of the majority political party in the House of Representatives. The joint committee shall elect a chairman, who shall serve as such for a period of one year and until a successor is du ly elected. The committee shall meet at the call of the chairman. With the approval of the Legislative Services Committee and subject to such procedures as may be established by the Legislative Services Committee, the joint committee is hereby authorized to employ such personnel as may be necessary to enable the joint committee to carry out its duties.
It shall be the duty of the joint committee to insure the promulga tion and adoption of adequate and proper rules and regulations by the various departments, boards, bureaus, agencies, commissions and of ficials of State government in keeping with the intent of the General Assembly in passing the legislation which authorizes or necessitates such rules and regulations and which do not exceed the intent of the General Assembly in passing such legislation. It shall be the further duty of the joint committee to insure that rules and regulations are written in clear and concise language so that they may be easily understood by the public. The joint committee shall also assist stand ing committees of the General Assembly in any review of proposed rules and regulations which such committees may undertake.
The joint committee, upon its own motion, upon the request of a standing committee of the General Assembly, or upon the filing of a written complaint by any citizen, is hereby authorized to review any rule or regulation or any proposed rule or regulation of any depart ment, board, bureau, agency, commission or official of State govern ment, except the Board of Regents of the University System of Georgia, and if it finds that any rule or regulation or any proposed rule or regulation does not comply with or exceeds the intent of the General Assembly in enacting the law which authorized or necessitated such rule or regulation the joint committee is hereby authorized to suspend such rule or regulation, or any portion thereof, by a majority vote of the total number of members of the joint com-

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mittee. When the joint committee suspends a rule or regulation, or a portion thereof, it shall give written notice to the department, board, bureau, agency, commission or official which promulgated such rule or regulation and shall give such other notice as it deems appropriate. If any rule or regulation is suspended, the joint committee shall place before the General Assembly, as soon as possible but not later than the next regular session of the General Assembly, a bill to repeal the suspended rule or regulation. If such bill is defeated, or fails to be enacted for any reason, the rule or regulation shall stand, the suspen sion shall be dissolved, and the joint committee shall not suspend it again. If the bill becomes law, the rule or regulation is repealed and shall not be adopted again unless a properly enacted law specifically authorizes the adoption of such rule or regulation. The committee shall make a biennial report to the General Assembly and the gover nor of its activities and include therein its recommendations.

The joint committee is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this Paragraph. The joint committee is further authorized to require any department, board, bureau, agency, commission or official of State government to furnish such information as may be requested by the joint committee in determining the history of any rule or regulation or any proposed rule or regulation."

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 [ ] NO

Shall the Constitution be amended so as to create within the General Assembly a Joint Committee for Review of Administrative Rules and to provide for the powers, duties, authority, practices, and procedures of the com mittee, including the power to suspend rules and regula tions?"

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 amendent 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 Robinson of the 27th moved that SR 24 be postponed until February 9.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 24 was postponed until February 9.

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213

SR 25. By Senator Kidd of the 25th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that persons convicted of felonies, unless their rights have been restored, and persons adjudged mentally incompetent to vote shall not be permitted to register, vote, or hold any office, or appointment of honor, or trust in this state; to provide for the submission of this amendment for ratification of rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article II, Section II of the Constitution is hereby amend ed by striking Paragraph I in its entirety and substituting in lieu thereof a new Paragraph I to read as follows:

"Paragraph I. Registration of Electors; Who Disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permit ted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless the rights of such persons shall have been restored as provided by law. 2nd. Persons adjudged mentally incompetent to vote, as provided 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 written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that persons convicted of felonies shall not be permitted to register, vote, or hold office unless their rights have been restored and to provide that persons adjudged mentally incompetent to vote shall not be permitted to register, vote, or hold office?"

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 amendent 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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Senator Thompson of the 32nd offered the following amendment:

Amend SR 25 by striking from Section 2, beginning on line 6 of Page 2, the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that persons convicted of felonies shall not be permitted to register, vote, or hold office unless their rights have been restored and to provide that persons adjudged mentally incompetent to vote shall not be permitted to register, vote, or hold office?"

and inserting in lieu thereof the following:

" [ ] YES [ ] NO

Shall the Constitution be amended so as to provide that persons who have been convicted of serious crimes punishable by imprisonment in the penitentiary shall be authorized to vote upon having their rights restored as provided by law?"

Senator Kidd of the 25th moved that SR 25 be postponed until February 9.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 25 was postponed until February 9.
Senator Summers of the 53rd moved that the following resolution of the Senate be withdrawn from consideration of the Senate:

SR 36. By Senator Summers of the 53rd:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Trion Independent School District who is 62 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 $10,000.00 per annum shall be granted an exemption from all ad valorem taxes levied by the City of Trion; to pro vide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 36 was withdrawn from consideration of the Senate.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 24. By Senators Cobb of the 28th and English of the 21 st:
A bill to amend an Act to provide for a program for indemnification with respect to the death or permanent disability of certain law enforcement officers, firemen, or prison guards, as amended, so as to include within the indemnification program certain emergency medical technicians.

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215

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

On the 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 Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd

Lester McGill McKenzie Reynolds Starr Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Brannon Broun of 46th

Greene Scott

Tysinger

Those not voting were Senators:

Bowen Evans Fincher of 52nd

Holloway (excused) Land Littlefield

Robinson Stephens (excused) Summers

On the passage of the bill, the yeas were 42, nays 5.

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

Senator Hudson of the 35th introduced the doctor of the Day, Dr. Henry Steadman, of Atlanta, 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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SB 81. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to amend Code Section 68-201, relating to the registration and licensing of motor vehicles, as amended, so as to provide a penalty for failure to register a new or used motor vehicle, trailer, truck, trucktractor, or motorcycle within a certain time limit.

The Senate Committee on Public Safety offered the following amendment:

Amend SB 81 by adding on Page 5, immediately following line 15, the following:
"(c) The provisions of this Code section shall not apply to licensed dealers in motor vehicles who hold such vehicles in business inven tory for the purpose of retail sale."

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Bryant Cobb Coleman Coverdell Deal
Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard
Hudgins Hudson Kennedy Kidd Land
Lester

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson
Timmons Trulock Turner Tysinger Walker
Wessels

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217

Those not voting were Senators:

Evans Holloway (excused)

Littlefield

Stephens (excused)

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

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

SB 95. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-1, relating to eligibility and qualifica tions to hold public office, as amended, so as to permit persons convicted of felonies to hold civil office upon restoration of their rights as provided by law; to provide that mentally incompetent persons may not hold civil office.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 95 by striking from Page 2, line 10, the following: "adjusted",
and inserting in lieu thereof the following: "adjudged".

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bowen Brannon Brantley
Brown of 47th Bryant

Cobb Coleman Eldridge Evans Greene Hill Hudgins Kennedy

Kidd McGill McKenzie Starr Tate Tysinger Wessels

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Those voting in the negative were Senators:

Barnes
Bell Coverdell Deal Dean English Engram Fincher of 52nd Fincher of 54th

Foster
Garner Gillis Horton Howard Hudson Land Lester Reynolds

Robinson
Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Bond Broun of 46th

Holloway (excused) Littlefield

Scott Stephens (excused)

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 Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 95.

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

SR 10. By Senators Cobb of the 28th and English of the 21st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain emergency medical technicians killed or permanently disabled in the line of duty; to provide for submis sion of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by striking subparagraph 7. thereof in its entirety and inserting 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 perma nent disability, as defined by law, of any law enforcement officer, fireman, emergency medical technician, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973, or per manently disabled in the line of duty subsequent to January 1, 1979.

FRIDAY, JANUARY 23, 1981

219

Such law may provide for the method of payment of such indem nification 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, emergen cy medical technician, or prison guard which is in excess of $50,000. Upon indemnification being paid with respect to the permanent disability of a law enforcement officer, fireman, emergency medical technician, or prison guard, no further indemnification under the pro visions of this subparagraph shall be paid upon the death of such per son. The General Assembly is hereby authorized to levy taxes and to appropriate State funds, to provide for insurance, to provide for a con tinuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of im plementing 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 written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the payment of an indemnification to certain emergency
[ ] NO medical technicians killed or permanently disabled in the line of duty?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

On 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 Barker Barnes Bell Bowen Brannon Brantley
Brown of 47th Bryant

Cobb Coleman Deal Dean Eldridge English Engram
Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard
Hudgins Hudson

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Kennedy Kidd Land Lester McGill McKenzie Reynolds

Robinson Starr Stumbaugh Summers Sutton Tate

Thompson Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Broun of 46th Coverdell

Evans

Those not voting were Senators:

Ballard Bond

Holloway (excused) Littlefield

Tysinger
Scott Stephens (excused)

On the adoption of the resolution, the yeas were 46, nays 4.

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

SB 80. By Senators Cobb of the 28th and Reynolds of the 49th:
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; to provide for postmarks as proof of timely submission of documents.

Senators Cobb of the 28th and Greene of the 26th offered the following substitute to SB 80:

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 timely submission of documents; to require sub mission 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 cer tificate of title applications delivered or received on an untimely basis; to provide for a time period within which rejected documents must be

FRIDAY, JANUARY 23, 1981

221

resubmitted and to provide for a penalty for failure to resubmit in a time ly manner; to change the number of days within which notice of a securi ty interest must be delivered to the commissioner in order to perfect such interest as of the date of the security agreement; to provide for other mat ters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act 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 applica tion must be submitted to the commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 60 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 $25.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are re jected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the com missioner 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 $25.00 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 sixtieth day follow ing 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 application must be submitted to the commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 60 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 $25.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are re jected, the party submitting the. documents shall have 60 days from the date of rejection to resubmit the documents required by the com missioner 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 $25.00 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 sixtieth day follow-

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ing the initial rejection of the documents submitted if the documents have not been resubmitted as required above. Said application shall contain:
(1) The name, residence, and mailing 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 ad dresses 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 nonexistence of security interests in the vehicle and liens on the vehicle."
Section 2. Said Act is further amended by adding at the end of subsection jb) of Section 8 immediately following the word "commis sioner" the following:
"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 60 days from the date of the sale of the vehicle or the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $25.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. If the documents sub mitted in support of the title application are rejected, the dealer sub mitting the documents shall have 60 days from the date of initial rejec tion 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 $25.00 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 application be submitted through a county, the county shall be entitl ed to retain 50 percent of any late title application penalty fee provid ed 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 in terest 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 applica tion to the commissioner or his appropriate authorized county tag agent so as to have the application submitted to the commissioner or

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his appropriate authorized county tag agent within 60 days from the date of the sale of the vehicle or the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $25.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. If the documents submitted in support of the title application are re jected, the dealer submitting the documents shall have 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 $25.00 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 application be submitted through a county, the county shall be entitled to retain 50 percent of any late title ap plication penalty fee provided for in the 'Motor Vehicle Certificate of Title Act.' "
Section 3. Said Act is further amended by adding immediately following 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 mail ing 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 subsections (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 vehicle execute an assignment and warranty of title, which must be subscribed 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, including reasonable attorney's fees, occasioned by the transferor's failure to obey this section.
(b) Except as provided in Section 16, the transferee shall, prompt ly after delivery to him of the vehicle and certificates of title, execute the application for a new certificate of title application on the form the commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the commissioner or his ap propriate authorized county tag agent with the application for change of registration for the vehicle so that the title application shall be received within 60 days from the date of the transfer of the vehicle, or

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the owner shall be required to pay a penalty of $25.00 in addition to the ordinary title fee as provided by this Act. If the documents submit ted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the is suance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $25.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return said to the commissioner. The license plate shall be deemed to have expired at midnight of the sixtieth 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 percent of any late title application fee as provided for in this Act."
Section 5. Said Act is further amended by striking subsection (a) of Section 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 apply 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 execute 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 therefore 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 ap plication 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 60 days from the date of the transfer of the vehicle, or the dealer shall be required to pay a penalty of $25.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title applica tion are rejected, the dealer submitting the documents shall have 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 60 days, there shall be an additional penalty of $25.00 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 percent of any late title applica tion penalty fee as provided for in this Act. Transfers of vehicles under this section shall otherwise conform with the provisions of Sec tion 15. Any person 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

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dealer selling a previously registered vehicle which under the provi sions 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 6. Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 17 and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a} If the interest of an owner in a vehicle passes to another owner 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 cer tificate 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 ap propriate authorized county tag agent no later than 60 days from the date that the transferee acquired the interest in the vehicle, or the transferee shall be required to pay a penalty of $25.00 in addition to the ordinary title fee as provided by this Act. If the documents submit ted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the is suance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $25.00 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 com missioner. The license plate shall be deemed to have expired at mid night of the sixtieth 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 percent of any late title applica tion 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 forward 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 commis sioner or his appropriate authorized county tag agent the last cer tificate of title if available, proof of transfer, his application for a new certificate in the form prescribed by the commissioner, and an af fidavit 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 60 days from the date the transferee acquired the in terest in the vehicle, or the transferee shall be required to pay a penal ty of $25.00 in addition to the ordinary title fee as prescribed by this Act. If the documents submitted in support of the title application are

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rejected, the transferee submitting the documents shall have 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 addi tional $25.00 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 sixtieth day following the initial rejec tion of the documents if the documents have not been resubmitted as required above. If the title application is submitted through the coun ty, the county shall be entitled to retain 50 percent of any late title ap plication 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 ti tle, but, upon transfer, shall promptly deliver to the transferee the last certificate of title if available, and such other documents as the com missioner may require by rule or regulation."
Section 7. Said Act is further amended by striking from subsection (b) of Section 21 of said Act the following:
"10 days",
and substituting in lieu thereof the following:
"60 days",
so that when so amended subsection (b) of Section 21 of said Act shall read as follows:
"(b) A security interest is perfected by delivery to the commis sioner of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest, the date of his security interest and the required fee. It is perfected as of the time of its creation if the delivery is completed within 60 days thereafter; otherwise, as of the date of the delivery to the commissioner. When the security interest is perfected as provided in this subsection (b), it shall constitute notice to everybody of the security interest of the holder."
Section 8. Said Act is further amended by striking subsection (b) of Section 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 com missioner or his appropriate authorized county tag agent within 60 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 $25.00 penalty in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commis sioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional

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$25.00 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 sixtieth day following the initial rejection of the documents if the documents have not been resubmitted as re quired above. If the title application is submitted through the county, the county shall be entitled to retain 50 percent of any late title ap plication penalty fee as provided for in this Act.''
Section 9. Said Act is further amended by striking subsection (b) of Section 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 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 provided 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 for a period not to exceed 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 for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank."
Section 10 This Act shall become effective on January 1, 1982.
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 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, 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester McKenzie Reynolds Robinson Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator McGill.

Those not voting were Senators:

Bond Holloway (excused)

Littlefield Scott

Stephens (excused)

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President announced that the Senate would stand in recess from 10:55 o'clock A.M. until 11:30 o'clock A.M.
At 12:25 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:

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SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provisions and pro cedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission.

The Senate Committee on Public Utilities offered the following amendment:

Amend SB 29 by adding on Page 5, line 9, after the language "law.", the following:
"This individual must have graduated from a four-year college with a major in either accounting, finance, business, or manage ment.",
and
By striking on Page 11, line 18, the language "fine or", and substituting in lieu thereof the following:
"fine of",
and
By adding on Page 17, line 21, and again on line 22, after the word "denying", the following:
"or conditioning''.

Senator Brown of the 47th offered the following amendment:

Amend the amendment to SB 29 offered by the Senate Committee on Public Utilities by striking on the third from last line of the amendment the figure "22" and inserting in lieu thereof the figure "19".

On the adoption of the amendment offered by Senator Brown of the 47th, the yeas were 50, nays 0, and the amendment to the committee amendment was adopted.

On the adoption of the amendment offered by the Senate Committee on Public Utilities, the yeas were 50, nays 0, and the committee amendment was adopted as amended.

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Senators Allgood of the 22nd, Robinson of the 27th, Evans of the 37th and Sutton of the 9th offered the following substitute to SB 29:

A BILL
To be entitled an Act to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provi sions and procedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission; to provide for duties and responsibilities; to provide for a utility finance section as a part of the Commission; to provide for person nel; to specify duties, limitations, and relationships; to specify pro cedures for accounting for electric utilities under certain circumstances; to provide for tax accounting as a part of utility rate making; to provide for a consumers' utility counsel; to specify qualifications and limitations; to provide a penalty; to provide duties; to authorize staff; to require cer tain notices to be given; to provide for an automatic repeal; to provide procedures for certain utility proceedings; to provide for hearing officers; to provide duties and powers; to provide for intervention; to provide for internal examination and management audits of electric utilities; to pro vide for other matters relative to the foregoing; to provide for assistance for low or fixed income gas and electric utility consumers; to specify duties of the Department of Human Resources; 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. Declaration of public policy. The General Assembly finds and declares as follows:
(1) The proper regulation of utilities is critical to the public interest and such regulation must be accomplished by a system of regulation which encourages public confidence in the regulatory process.
(2) Consumers of utility service in this state deserve adequate representation in proceedings affecting utility rates and service.
(3) The public interest requires that electric utilities be examined by their directors and by independent auditors in order to insure that such utilities are being managed in an efficient and effective manner.
(4) The public interest requires that an adequate and reliable supply of electricity be available at reasonable rates both in the present and in the future.
(5) If present and future electricity needs are to be met, it is im perative that necessary productive capacity can be financed by electric utilities on terms which are reasonable and fair to both the customers and investors of such electric utilities and that the regulation of such utilities must be rational and orderly.

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Section 2. Code Title 93, relating to the Public Service Commission, is hereby amended by adding a new section after Code Section 93-101, to be designated Code Section 93-102, to read as follows:
"93-102. Additional terms defined. As used in this Code title:
(1) 'Commission' means the Georgia Public Service Commission.
(2) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the Commission.
(3) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.
(4) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto.
(5) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the Commission."
Section 3. Said Code title is further amended by adding two new sec tions after Code Section 93-207, to be designated Code Sections 93-207.1 and 93-207.2, respectively, to read as follows:
"93-207.1. Executive director, (a) On or before July 1, 1981, the Commission shall employ an executive director, who shall serve at the pleasure of the Commission, and whose salary shall be set by the Commission.
(b) The executive director shall:
(1) Direct the activities of the Commission's staff.
(2) Coordinate and manage requests by individual Commission members for staff assistance.
(3) Direct all administrative support functions necessary to assure the efficient and effective operation of the Commission.
(4) Direct all Commission personnel and preparation of the Com mission's budget.
(5) Perform such other duties as the Comission, by order, may establish.
93-207.2. Public information officer, (a) On or before September 1, 1981, the Commission shall employ a public information officer, who shall serve at the pleasure of the Commission.
(b) The public information officer shall:
(1) Report directly to the executive director.

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(2) Maintain the Commission's public information files.
(3) Coordinate official Commission press releases and media rela tions.
(4) Perform such other duties as the executive director may establish."
Section 4. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-2, to be designated Code Chapter 93-2A, to read as follows:
"CHAPTER 93-2A Utility Finance Section
93-20 la. Utility Finance Section; creation. There is hereby established a Utility Finance Section of the Commission staff with the powers and duties specified in this chapter. The section shall consist of a director, an assistant director, and such accountants, statisticians, experts, and clerical personnel as the commission may employ as authorized by the General Assembly.
93-202a. Director of section; qualifications; duties, etc. (a) On or before December 31, 1981, the Commission by order shall employ an individual qualified by knowledge and experience to serve as director of the Utility Finance Section. The director shall be compensated in an amount as provided by law. He shall serve at the pleasure of the Com mission and shall report to the executive director of the Commission.
(b) The director of the section must possess at least five years' ex perience in the field of public regulation of business, whether through employment with a state or federal agency, in industry, in education, or through the practice of law. This individual must have graduated from a four-year college with a major in either accounting, finance, business, or management.
(c) The director shall be responsible for the:
(1) Preparation of the budget of the section for submittal to the ex ecutive director.
(2) Administration of the section.
(3) Supervision of the work of the section.
(4) Presentation of the Commission staff's position during electric utility rate proceedings.
93-203a. Additional employees of section; assistant director, (a) The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the Commission and as provided by law.

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(b) The director shall employ such accountants, statisticians, ex perts, and clerical personnel as are necessary for the effective per formance of the duties of the section.
(c) With the concurrence of the state merit system compensation board, certain employees of the section may be included in 'unclassified service', as that term is defined for purposes of the state merit system. The state merit system regulations and restrictions con cerning compensation and promotion shall not apply to such employees.
93-204a. Limitations on employment by employees and former employees of section. During the period of his employment and for one year following the termination of his employment, neither the director, the assistant director, nor any other employee of the Utility Finance Section shall own any interest of any kind in or be retained or employed by any electric utility or own any controlling interest in or be retained or employed by any person who has a vested interest in the outcome of any proceeding in which the section participates.
93-205a. Duties of Utility Finance Section. The duties of the Utili ty Finance Section shall include the following:
(a) Preparing a budget for the section for submission by the direc tor to the executive director to secure the necessary appropriations to finance the activities of the section.
(b) Investigating the rates and auditing the books and records of any electric utility other than municipal electric systems and electric membership corporations, when so directed by the executive director.
(c) Appearing in any proceeding to determine rates of an electric utility. In such capacity, the section shall:
(1) Form an independent evaluation concerning whether the elec tric utility rates in question are just and reasonable.
(2) Present testimony by its employees or specially retained ex perts concerning the electric utility rates in question.
(3) Provide to the Commission all technical assistance, data, and calculations concerning the electric utility rates in question as the Commission may require.
(4) Assist the Commission in any judicial review of a Commission determination of the rates of an electric utility.
(5) When it will not interfere with the section's participation in utility rate proceedings, perform such other duties regarding any utili ty matter which the executive director may establish.
93-206a. Relationship of Utility Finance Section to Commission. The Utility Finance Section shall have the following authority and relationship to the Commission:

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(1) The section shall be part of the Commission staff.
(2) The section shall be deemed a party to any proceeding to con sider rates in which it participates, except that it lacks standing to ap peal or contest the final order entered by the Commission in such a proceeding."
Section 5. Said Code title is further amended by adding two new sec tions after Code Section 93-307.2, to be designated as Code Sections 93-307.3 and 93-307.4, respectively, to read as follows:
"93-307.3. Accounting for electric utilities, (a) The accounting treatments specified in this section shall apply in any proceeding before the Commission to determine the rates to be charged by an electric utility.
(b) In any proceeding to determine the rates to be charged by an electric utility, the electric utility shall file jurisdictionally allocated cost of service data on the basis of a test period and the Commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separate ly to reflect estimated operations during the 12 months following the utility's proposed effective date of the rates. After the initial filing and until new rates go into effect, the utility shall file actual cost of service data as it becomes available for each month following the actual data which was filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments con tained in its cost of service data.
(c) In any case after the effective date of this Act where an electric utility transfers partial or total ownership of any electric plant, the electric utility shall return to its rate payers, in such manner as the Commission may prescribe, the rate payers' cash contribution, to the cost of construction, plus the income taxes paid, accrued and col lected by the electric utility in respect thereof, and a portion of the profit, if any, on such transfer.
(1) The rate payers' contribution to the cost of construction shall be determined by first multiplying the amount of construction and preconstruction expenditures included in the rate base by the actual return earned by the electric utility on the jurisdictional rate base dur ing the period or periods such expenditures were included in the rate base, and then subtracting therefrom any carrying costs capitalized in respect of such construction and preconstruction expenditures includ ed in the rate base. In the event an electric utility transfers partial or total ownership of any electric plant after the same has commenced commercial operation, the rate payers' contribution to the cost of con struction shall be reduced in proportion to the remaining life of the electric plant.
(2) The profit, if any, on such transfer shall be allocated between the electric utility and its rate payers in proportion to their respective contributions to the cost of construction. For the purposes of this calculation, the rate payers' contribution shall be determined as pro vided by paragraph (1) of this subsection (out such amount shall not

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2 35

be increased by the income taxes paid, accrued, and collected by the electric utility in respect thereof). The electric utility's contribution shall be the cost, including carrying costs, of the transferred electric plant as recorded on the books and records of the electric utility. The amount of profit, if any, shall be determined by deducting the sum of the rate payers' and the electric utility's contributions to the cost of construction from the gross proceeds of the transfer.
93-307.4. Utility rate making; tax accounting. For purposes of determining a utility's cost of service in rate-making proceedings, the income tax expense portion shall be calculated on the basis of net in come before income taxes. Any difference between income bases on the utility's accounting records and income determined in accordance with United States Internal Revenue Service laws and regulations will be accounted for as required by generally accepted accounting prin ciples governing all businesses."
Section 6. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-3, to be designated Code Chapter 93-3A, to read as follows:
"CHAPTER 93-3A Consumers' Utility Counsel
93-301a. Definitions. As used in this chapter:
(1) 'Consumer' means an individual who is a personal, noncom mercial user of the product or service of a public utility which is under the jurisdiction of the Commission. 'Consumer' also means and includes any sole proprietorship, partnership, or corporation which is a commercial user of the product or services of a public utility which is under the jurisdiction of the Commission and which has ten or fewer employees and a net income after taxes of $100,000.00 per an num or less for federal income tax purposes.
(2) 'Counsel' means the Consumers' Utility Counsel created by this chapter.
93-302a. Consumers' Utility Counsel, (a) (1) There is hereby created the position of Consumers' Utility Counsel, which shall be at tached for administrative purposes only, as that term is defined in Sec tion 3 of the 'Executive Reorganization Act of 1972,' to the Office of Planning and Budget. Counsel shall be appointed by the Governor and shall serve at his pleasure.
(2) Counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings who shall not have worked for a utility for one year prior to his employment.
(3) Counsel shall receive compensation in an amount to be deter mined by the Governor but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicail Circuit. In addi tion to such compensation, counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the per formance of his duties, as provided by law for state employees.

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(4) No person employed as counsel shall engage in the private practice of law while employed as counsel.
(5) The actions of the counsel shall be reviewed annually by the appropriate committees of the House and Senate.
(b) (1) During the period of his employement, and for a period of two years following the termination of his employment, it shall be unlawful for any person employed as counsel to directly or indirectly provide legal services to, or be employed in any capacity by, a public utility, its parent, or its subsidiary companies, corporations, or cooperatives but such person may otherwise engage in the private practice of law after the termination of his employment as counsel.
(2) Any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by im prisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.
93-303a. Duties of Consumers' Utility Counsel, (a) The Con sumers' Utility Counsel shall be entitled to appear, as a party or other wise, on behalf of the consumers of this state of services provided by any person, firm, or corporation subject to the jurisdiction of the Com mission, and on behalf of the consumers of this state, in all pro ceedings before the Commission which may involve or affect rates for service or services of utilities and in all other proceedings before the Commission under its regulatory jurisdiction over utilities. Not withstanding any other provision of the law, for the purposes of Code Chapter 93-3A, the words 'utility' or 'utilities' shall include and apply to all motor carriers and transportation vehicles.
(b) The counsel may also appear in the same representative capacity in similar administrative proceedings affecting the con sumers of this state before any federal administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to services provided by any public utility doing business in this state.
(c) The counsel shall be authorized in the same representative capacity to initiate proceedings, by complaint or otherwise before any federal or state administrative agency, before whom he is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies.
(d) The counsel shall be authorized in the same representative capacity to initiate, or intervene as of right or otherwise appear in, any judicial proceedings involving or arising out of any action taken by an administrative agency in a proceeding in which the counsel was authorized to appear under subsections (a), (b), or (c), of this section.
93-304a. Notices to be given to counsel; discovery, (a) In addition to other requirements of service and notice not imposed by law, a copy of any application, correspondence, complaint, pleading, paper, or notice to or issued by the Commission shall also be served on the Consumer' Utility Counsel. The Commission shall not proceed to hear

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237

or determine any petition, complaint, or proceeding in which the counsel is entitled to appear unless it shall affirmatively appear that the counsel was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the counsel appears and specifically waives such notice.
(b) The counsel is hereby authorized to take depositions and ob tain discovery of any matter, not privileged, which is relevant to the subject matter involved in any proceeding or petition before the Com mission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are hereby authorized to issue all orders, injunc tions, subpoenas, and to take all actions necessary to carry out the provisions of this subsection.
93-305a. Staffing for counsel's office, (a) The Consumers' Utility Counsel is hereby authorized to employ such assistance as may be needed and is hereby authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, at torneys, investigators, stenographers, or other technical or clerical assistants, including expert witnesses, as may be necessary to carry out the duties of his office. The compensation of counsel and his staff shall be paid from state or federal funds appropriated or otherwise made available for such purposes.
(b) Services of all engineers, experts, accountants, and other technical assistants employed by the Commission shall be available to the counsel in the performance of his duties; and such engineers, ex perts, accountants, and technical assistants shall make such appraisals and audits as the counsel, with the approval of the Commission, may request. The counsel and his staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the Commission to the same extent as the members of the Commission and its staff have access thereto and subject to the same limitations imposed on the use thereof.
93-306a. Appearance by counsel. The provisions of this chapter shall not be construed to prevent any party interested in any pro ceeding, suit, or action before the Commission, any court, or any ad ministrative body from appearing in person or by counsel in such pro ceeding, suit, or action in accordance with law.
93-307(a). Automatic Repeal. Code Chapter 93-3A, relating to the consumers' utility counsel shall stand repealed in its entirety effective Julyl, 1985."
Section 7. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-5, to be designated 93-5A, to read as follows:
"CHAPTER 93-5A Utility Proceedings
93-501a. Hearing officers, (a) The Commission shall employ one or more hearing officers to perform the duties set forth in this section.

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Hearing officers shall be persons qualified by knowledge and ex perience to conduct hearings on utility and transportation matters; ad ditionally, the Commission may employ part-time hearing officers, if necessary, to handle the caseload.
(b) In all utility proceedings commenced after July 1, 1981, any hearing may be conducted by a hearing officer who shall have authority to:
(1) Administer oaths and affirmations.
(2) Sign and issue subpoenas for discovery or trial.
(3) Rule upon offers of proof.
(4) Regulate the course of the hearing, setting the time and place for continued hearings.
(5) Permit persons to make limited appearances as provided in Code Section 93-502a.
(6) Take official notice of judicially recognizable facts.
(7) Reprimand or exclude from the hearing any person for any in decorous or improper conduct committed at or during a hearing.
(8) Exercise such other powers necessary to the efficient and ex peditious conduct of the hearing, to the end that a complete and order ly record may be developed.
(9) Make written findings of fact based upon evidence in the record.
(c) The hearing officer or Commission shall permit only parties or their attorneys of record to examine or cross-examine witnesses, ex cept with the consent of the witness.
(d) Within 30 days after the conclusion of hearings, the hearing of ficer shall prepare and certify a record of the evidence to the Commis sion. The hearing officer shall also transmit to the Commission pro posed written findings of fact based upon evidence in the record. A copy of the record and findings of fact shall be provided all parties of record by the hearing officer. The hearing officer may render an ini tial or recommended decision in uncontested cases, if directed to do so by the Commission. Any such recommended decision shall also be served upon the parties of record who shall be provided an opportuni ty to file with the Commission it objections or comments.
93-502a. Parties; intervention, (a) In all proceedings before the Commission, the parties to such proceeding shall consist of the af fected applicant, any person who is permitted to intervene as provid ed hereinafter and the Utility Finance Section established pursuant to Code Chapter 93-2A.

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(b) Any person on whom a statute confers an unconditional right to intervene may intervene by filing a notice of intervention with the Commission or hearing officer, as appropriate.
(c) Any other person desiring to intervene must file an application for leave to intervene within 30 days following the first published notice of the proceeding. Any such application shall be in writing, shall be verified either by the party intervening or by his attorney on information and belief, shall identify the party requesting the in tervention, and shall set forth with particularity the facts pertaining to his interest and the grounds upon which his application for interven tion are based. Such application shall be served on all other parties in the proceeding, including those who have previously applied for leave to intervene.
(d) Any party or person who has previously applied for leave to in tervene in a proceeding in which leave to intervene is sought by another person may file a response to the application for leave to in tervene within 15 days after the application is served.
(e) The Commission or hearing officer shall permit only the following persons to intervene:
(1) A person upon whom a statute confers an unconditional right to intervene.
(2) A person who demonstrates a legal, property, or other interest in the proceeding. In determining whether to permit intervention, the hearing officer may consider whether the person's interest is ade quately represented by other parties and whether the intervention will unduly delay the proceedings or prejudice the rights of other par ties.
(3) Any member of the General Assembly of the State of Georgia may without fee intervene on behalf of his constituents with the full rights and privileges of a designated party.
(f) The Commission or hearing officer may condition any order permitting intervention so as to assure the orderly conduct of the pro ceeding.
(g) A person who is not a party may make a limited appearance by making an oral or written statement of his position on the issues within such limits and on such conditions as may be fixed by the hear ing officer but he may not otherwise participate in the proceeding.
(h) A party granted leave to intervene shall be present, absent good cause shown, during that portion of the proceedings for which that party has indicated a desire to be heard.
(i) Hearing officer orders denying or conditioning applications for leave to intervene shall be immediately reviewable by the Commis sion. Commission orders denying or conditioning applications for leave to intervene shall be immediately reviewable as provided by law for the judicial review of final Commission orders.

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(j) Nothing contained in this section shall be construed to prohibit the Commission from taking any action prior to the expiration of the 30 day period during which persons are permitted to file applications for leave to intervene."
Section 8. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-9, to be designated Code Chapter 93-10, to read as follows:
"CHAPTER 93-10 Examination of Electric Utilities
93-1001. Internal examination, (a) Each electric utility shall pro vide for the appointment by its board of directors of an audit commit tee consisting solely of directors who are not officers or employees of the electric utility. Such audit committee shall make an annual ex amination into the affairs of the electric utility and report the result of such audit in writing to the board of directors at its next regular meeting.
(b) Such report shall state whether the electric utility is in a sound condition and whether adequate internal audit controls and pro cedures are being maintained and shall recommend to the board such changes in the manner of conducting the affairs of the electric utility as shall be deemed advisable. The board of directors shall report in writing to the Commission that such audit has been made and review ed by the board.
93-1002. Management audit, (a) Not more frequently than every five years, the Commission shall cause to be performed a manage ment audit of each electric utility to determine whether it is being managed in an efficient and effective manner.
(b) The management audit provided for in this section shall be performed by a qualified and reputable management auditor of na tional reputation, to be selected by mutual agreement by the Commis sion and the electric utility, who shall report the results of such audit to the Commission.
(c) The audited electric utility shall pay for such management audit. The cost of such management audit shall be recognized by the Commission as an operating expense of such utility, and such utility's rates shall be fixed by the Commission to recover this retail expense amortized over such period as the Commission may direct."
Section 9. Assistance to low or fixed income consumers. Within one year of the effective date of this Act, the Department of Human Resources shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion should benefit from public assistance in paying their bills for gas and electric service. The department will also establish an efficient and economical manner to distribute to such consumers all public assistance funds which will be made available whether by appropriations of state or federal funds, grants or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its programs.

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241

Section 10. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitu tional were not originally a part thereof. 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 in valid or unconstitutional.
Section 11. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.
Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Howard of the 42nd and Coverdell of the 40th offered the following amendment:

Amend the substitute to SB 29 offered by Senators Allgood of the 22nd, Robinson of the 27th, Evans of the 37th and Sutton of the 9th by adding on Page 18 a new Section 93-1002 (c) to read as follows:
"In the event that the Commission and the electric utility are unable to agree on a management auditor, either party may petition the Superior Court of Fulton County to select within 30 days of filing such an auditor after a hearing on the petition.''
and
by renumbering paragraph (c) as (d).

On the adoption of the amendment offered by Senators Howard of the 42nd and Coverdell of the 40th, the yeas were 44, nays 2, and the amendment to the substitute to SB 29 offered by Senators Allgood of the 22nd, Robinson of the 27th, Evans of the 37th and Sutton of the 9th was adopted.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 29 offered by Senators Allgood of the 22nd, Robinson of the 27th, Evans of the 37th and Sutton of the 9th by striking the words "by mutual agreement" and the word "and the" on line 30 of Page 18
and
by also striking the words "electric utility" on line 31 of Page 18.

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On the adoption of the amendment offered by Senator Stumbaugh of the 55th, the yeas were 7, nays 39, and the amendment to the substitute to SB 29 offered by Senators Allgood of the 22nd, Robinson of the 27th, Evans of the 37th and Sutton of the 9th was lost.

On the adoption of the substitute, the yeas were 49, 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 Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Cole man Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Bond

Gillis Hudson

Starr

Those not voting were Senators:

Holloway (excused)

Littlefield

Stephens (excused)

On the passage of the bill, the yeas were 48, nays 5.

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

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243

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 Young H. Longino, Fulton 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 Sixth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1981, and expiring April 15, 1986.
This 22nd day of January, 1981.
1st Zell Miller President of the Senate
I si 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 Brad Hubbert, Fulton 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 Fifth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1981, and expiring April 15, 1986.
This 22nd day of January, 1981.

Is/ Zell Miller President of the Senate
I si Thomas B. Murphy Speaker, House of Representatives

At 1:25 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pur suant to the provisions of HR 51, previously adopted, until Monday, February 9, at 10:00 o'clock A.M.

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Senate Chamber, Atlanta, Georgia Monday, February 9, 1981

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

Senator Barker of the 18th reported that the Journal of the proceedings of Fri day, January 23, 1981, had been read and found correct.

Senator Kidd of the 25th moved that the Senate reconsider its action of Friday, January 23, in defeating the following bill of the Senate:

SB 95. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-1, relating to eligibility and qualifica tions to hold public office, as amended, so as to permit persons convicted of felonies to hold civil office upon restoration of their rights as provided by law; to provide that mentally incompetent persons may not hold civil office.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 95 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 293. By Representative Thomas of the 66th:
A bill to amend an Act establishing the State Court of Carroll County (formerly the City Court of Carrollton), so as to change provisions relating to the compensation and staff of the solicitor.

HB 294. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County so as to change the compensation of the Commissioner of Carroll County.

MONDAY, FEBRUARY 9, 1981

245

HB 295. 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, so as to change the compensation of the Clerk of the Superior Court of Carroll County.

HB 301. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers.

HB 302. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation of the commissioner.

HB 303. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to amend an Act incorporating the Town of Tunnel Hill, so as to change the provisions relating to the election and terms of office of the commissioners and chairman of the board of commissioners of said town.

HB 310. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to amend an Act to create and establish the State Court of Houston County, so as to change the terms of said court.

HB 72. By Representatives Ham of the 80th, Bray of the 70th, Beck of the 148th and others:
A bill to amend Code Title 5A, known as the "Georgia Alcoholic Beverages Code," so as to make it unlawful to possess alcoholic beverages upon the grounds or within any structure of any elementary school, high school, or trade, vocational, or industrial school.

HB 137. By Representatives McDonald of the 12th, Cason of the 96th and Logan of the 62nd:
A bill to amend an Act creating the State Construction Industry Licensing Board, so as to authorize certain classes of licensure for master and con tracting plumbers.

HB 152. By Representatives Irvin of the 10th, Reaves of the 147th, Ralston of the 7th and others:
A bill to regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds.

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HB 263. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A bill to amend the "Georgia Agricultural Commodities Promotion Act," so as to provide a method of filling certain vacancies on agricultural com modity commissions.

HB 190. By Representatives Pilewicz of the 41st, Lawson of the 9th, Steinberg of the 46th and others:
A bill to amend an Act relative to relief from civil liability for persons who render emergency care at the scene of an accident without charge and in good faith, so as to clarify that certain persons are relieved from liability for rendering emergency service at the scene of an accident without charge.

HB 129. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any per son to advertise for sale, sell, use, install, or have installed any device which causes an odometer to register any mileage other than the actual mileage driven.

HB 253. By Representatives Auten of the 154th, Tuten of the 153rd, Kemp of the 139th and others:
A bill to amend Code Section 45-902, relative to fishing with powerdrawn nets, the opening and closing of waters, and the confiscation of il legally used equipment, so as to change the provisions relating to the tak ing of crabs and the opening of waters for the taking of crabs.

HB 203. By Representatives Thompson and Wilson of the 19th, Harris of the 8th, Walker of the 115th and others:
A bill to provide for domestic violence shelters for the purpose of tem porarily caring for persons who are subject to domestic violence.

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

SB 223. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to require that scrap metal processors maintain certain permanent records of business transactions; to provide definitions of certain terms; to specify the content and form of such records; to provide for a minimum period of time to maintain such records.
Referred to Committee on Industry, Labor and Tourism.

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247

SB 224. By Senator Deal of the 49th:
A bill to amend Code Title 91A, relating to public revenue, so as to pro vide for collection of attorneys' fees under tax executions. Referred to Committee on Banking, Finance and Insurance.

SB 225. By Senators Wessels of the 2nd and Coleman of the 1st:
A bill to amend the "Georgia Professional Corporation Act" so as to in clude by its terms the profession of piloting among those covered thereby. Referred to Committee on Special Judiciary.

SB 226. By Senators Wessels of the 2nd and Coleman of the 1st:
A bill to amend an Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage, as amended, 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 Special Judiciary.

SB 227. By Senators Lester of the 23rd, Barnes of the 33rd and Wessels of the 2nd:
A bill to amend Code Section 26-1302, relating to aggravated assault, as amended, so as to change the maximum punishment for aggravated assault.
Referred to Committee on Judiciary.

SB 228. By Senators Lester of the 23rd, Greene of the 26th and Gillis of the 20th:
A bill to amend Code Title 91A, known as the Georgia Public Revenue Code, as amended, so as to provide for the determination of millage rates by counties, municipalities, school districts, and other political subdivi sions; to provide for definitions; to provide for the certification of taxable values and millage rates by local tax officials.
Referred to Committee on Banking, Finance and Insurance.

SB 229. By Senator Lester of the 23rd:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act," as amended, so as to delete the report of abandoned property by banking or financial organizations.
Referred to Committee on Banking, Finance and Insurance.

SB 230. By Senators Lester of the 23rd and Turner of the 8th:
A bill to amend Code Title 91 A, known as the Georgia Public Revenue Code, as amended, so as to change penalty provisions for delinquent fil-

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ing and payment of personal income taxes, personal income tax withholding, sales and use taxes, and cigar and cigarette taxes.
Referred to Committee on Banking, Finance and Insurance.

SB 231. By Senator Kidd of the 25th:
A bill to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for compensa tion of the members of the board in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

SB 232. 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 com pensation and travel expenses of members of the board; to provide an ef fective date.
Referred to Committee on County and Urban Affairs.

SB 233. 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.
Referred to Committee on County and Urban Affairs.-GEN.

SB 234. By Senators Gillis of the 20th and English of the 21st:
A bill to amend an Act relating to the state parks and recreational areas, as amended, so as to revise the provisions governing the construction and operation of public service privileges and conveniences; to provide for the granting of concessions for the operation of public service privileges, conveniences, and facilities by private operators.
Referred to Committee to Natural Resources and Environmental Quality.

SB 235. By Senator Scott of the 43rd:
A bill to amend Code Title 11, relating to aviation, as amended, so as to provide a new Code chapter relating to requirements for changing cer tain aircraft take-off and landing patterns; to provide for public hearings and notices thereof; to provide for damages.
Referred to Committee on Transportation.

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249

SB 236. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act," as amended, so as to change the definition of a certain term; to change the provisions relating to the filing of campaign financing disclosure reports; to change the provisions relating to the duties of filing officers.
Referred to Committee on Governmental Operations.

SB 237. By Senator Barnes of the 33rd:
A bill to amend an act providing for a health insurance plan for state employees, as amended, so as to provide for continuation of health in surance coverage of certain annuitants. Referred to Committee on Governmental Operations.

SB 238. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to consolidate, revise, and update the provisions relating to fees; to change certain fees paid to the superior courts; to amend certain sections of the Code of Georgia, relating to fees paid to the superior courts, so as to change certain references to fees; to amend certain Acts, relating to fees paid to the superior courts.
Referred to Committee on Judiciary.

SB 239. By Senator Reynolds of the 48th:
A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act," so as to clarify the provisions relating to exemp tions from motor vehicle safety inspections. Referred to Committee on Public Safety.

SB 240. By Senator Scott of the 43rd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to exhaustively and completely codify, revise, clarify, consolidate, modernize, and supersede Code Chapter 56-27, relating to group life insurance; to provide that no policy of group life insurance shall be delivered in this state unless it conforms to certain requirements.
Referred to Committee on Banking, Finance and Insurance.

SB 241. By Senator Brannon of the 51 st:
A bill to abolish the Board of Commissioners of Gordon County and re create the office of commissioner of Gordon County as the governing authority thereof; to provide for a referendum; to repeal specifically cer tain Acts; to provide for effective dates.
Referred to Committee on County and Urban Affairs.

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SB 242. By Senators Reynolds of the 48th, Deal of the 49th and Brown of the 47th:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to change the provisions relating to the length of certain vehicles, trailers, and loads.
Referred to Committee on Transportation.

SB 243. By Senator Kidd of the 25th:
A bill to amend Code Section 93-202, relating to qualifications of members of the Georgia Public Service Commission, so as to provide ad ditional qualifications for members of the commission; to provide an ef fective date.
Referred to Committee on Governmental Operations.

SB 244. By Senator Kidd of the 25th:
A bill to amend Code Section 88-115, relating to institutional powers and duties of the Department of Human Resources, so as to provide for the compensation of licensed practical nurses employed in the institutions under the jurisdiction of the department.
Referred to Committee on Human Resources.

SB 245. By Senator Kidd of the 25th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the qualifications for the licensure and ex amination as a licensed practical nurse; to authorize the board to accept applications from applicants who expect to complete successfully a course of training in an approved school and hospital prior to the date of the examination applied for.
Referred to Committee on Human Resources.

SB 246. 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.
Referred to Committee on County and Urban Affairs.

SR 54. By Senator Dean of the 31st:
A resolution relative to zoning for handicapped individuals. Referred to Committee on County and Urban Affairs.-GEN.

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251

SR 55. By Senator Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for zoning for residential purposes for handicapped persons; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

SR 56. By Senators Lester of the 23rd, Tate of the 38th and Turner of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide that for the purposes of all county ad valorem taxes, including coun ty school district taxes, the assessed value of the homestead of each resi dent of this state who is 65 years of age or over or who subsequently becomes 65 years of age shall not be increased; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Banking, Finance and Insurance.

SR 59. By Senator Bell of the 5th:
A resolution supporting the position of the National Conference of State Legislatures and the National Governors Association on the Medicaid program. Referred to Committee on Appropriations.

The following bills of the House were read the first time and referred to com mittees:
HB 72. By Representatives Ham of the 80th, Bray of the 70th, Beck of the 148th and others:
A bill to amend Code Title 5A, known as the "Georgia Alcoholic Beverages Code", so as to make it unlawful to possess alcoholic beverages upon the grounds or within any structure of any elementary school, high school, or trade, vocational or industrial school. Referred to Committee on Consumer Affairs.

HB 129. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any per son to advertise for sale, sell, use, install, or have installed any device which causes an odometer to register any mileage other than the actual mileage driven.
Referred to Committee on Industry, Labor and Tourism.

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HB 137. By Representatives McDonald of the 12th, Cason of the 96th and Logan of the 62nd:
A bill to amend an Act creating the State Construction Industry Licensing Board, so as to authorize certain classes of licensure for master and con tracting plumbers.
Referred to Committee on Industry, Labor and Tourism.

HB 152. By Representatives Irvin of the 10th, Reaves of the 147th, Ralston of the 7th and others:
A bill to regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds.
Referred to Committee on Agriculture.

HB 190. By Representatives Pilewicz of the 41st, Lawson of the 9th, Steinberg of the 46th and others:
A bill to amend an Act relative to relief from civil liability for persons who render emergency care at the scene of an accident without charge and in good faith, so as to clarify that certain persons are relieved from liability for rendering emergency service at the scene of an accident without charge.
Referred to Committee on Judiciary.

HB 203. By Representatives Thompson and Wilson of the 19th, Harris of the 8th, Walker of the 115th and others:
A bill to provide for domestic violence shelters for the purpose of tem porarily caring for persons who are subject to domestic violence. Referred to Committee on Judiciary.

HB 253. By Representatives Auten of the 154th, Tuten of the 153rd, Kemp of the 139th and others:
A bill to amend Code Section 45-902, relative to fishing with powerdrawn nets, the opening and closing of waters, and the confiscation of il legally used equipment, so as to change the provisions relating to the tak ing of crabs and the opening of waters for the taking of crabs.
Referred to Committee on Natural Resources and Environmental Quality.

HB 263. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A bill to amend the "Georgia Agricultural Commodities Promotion Act", so as to provide a method of filling certain vacancies on agricultural com modity commissions.
Referred to Committee on Agriculture.

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253

HB 293. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act establishing the State Court of Carroll County (formerly the City Court of Carrollton), so as to change provisions relating to the compensation and staff of the solicitor.
Referred to Committee on County and Urban Affairs.

HB 294. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County, so as to change the compensation of the Commissioner of Carroll County. Referred to Committee on County and Urban Affairs.

HB 295. 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, so as to change the compensation of the Clerk of the Superior Court of Carroll County. Referred to Committee on County and Urban Affairs.

HB 301. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers. Referred to Committee on County and Urban Affairs.

HB 302. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation of the commissioner. Referred to Committee on County and Urban Affairs.

HB 303. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to amend an Act incorporating the Town of Tunnel Hill, so as to change the provisions relating to the election and terms of office of the commissioners and chairman of the board of commissioners of said town.
Referred to Committee on County and Urban Affairs.

HB 310. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to amend an Act to create and establish the State Court of Houston County, so as to change the terms of said court.
Referred to Committee on County and Urban Affairs.

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

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 36. SB 65. SB 207. SB 208.

Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute.

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

Mr. President:

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

SB 209. SB 210. SB 211. SB 214. SB 218.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 57. Do pass.
HB 150. Do pass.

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HB 189. Do pass. HB 261. 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 bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 99. Do pass.
HB 208. Do pass as amended.

Respectfully submitted, Senator Thompson of the 32nd District, Chairman

Mr. President:

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

SB 79. SB 83. SB 160.

Do pass by substitute. Do pass. Do pass.

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

Mr. President:

Your Committee on Public Safety 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 82. SB 118. SR 17.

Do pass as amended. Do pass by substitute. Do pass.

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JOURNAL OF THE SENATE

HB 59. Do pass. HB 132. Do pass.

Respectfully submitted, Senator Timmons of the llth District, Chairman
The following bills and resolutions of the Senate and House were read the sec ond time:

SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continuing education as a prerequisite for the renewal for licenses of insurance agents, solicitors, brokers, counselors, and ad justers.

SB 73. By Senators Howard of the 42nd and Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitarians, as amended, so as to change the voting authority of the consumer member of the State Board of Examiners for Registered Professional Sanitarians.

SB 75. By Senator Howard of the 42nd:
A bill to amend Code Section 32-3750, relating to service-cancelable educational loan funds, so as to authorize such loans for students in longterm health care nursing programs and provide conditions therefor.

SB 76. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to change certain provisions on time limitations on claims.

SB 104. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to provide that the disclosure of certain con fidential information is unlawful; to provide a penalty.

SB 105. By Senators Scott of the 43rd and Lester of the 23rd:
A bill to amend Code Chapter 56-24, relating to insurance contracts in general, as amended, so as to change certain accident and sickness in-

MONDAY, FEBRUARY 9, 1981

257

surance benefit plans, policies, or contracts to provide coverage for the treatment of mental disorders to the same extent and degree as coverage provided for the treatment of physical illnesses.

SB 108. By Senators Kidd of the 25th and Holloway of the 12th:
A bill to amend an Act establishing the Employees' Retirement System, as amended, so as to provide that any member who was an employee of a State department as reflected in the State Auditor's Report for the Fiscal Year ending June 30, 1970, who was a member of the General Assembly between January 1, 1954, and January 1, 1967, may receive membership service credit for same.

SB 115. By Senator Barnes of the 33rd:
A bill to amend an Act creating the office of Senior Judge of the Superior Courts, as amended, so as to provide for a per diem allowance at the op tion of the senior judge in lieu of certain reimbursable expenses incurred by senior judges of the superior courts.

SB 138. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on the recipient's behalf.

SB 139. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to prescribe regulations in order to prevent conflicts of interest in the administration of the Medicaid programs.

SB 145. By Senator Greene of the 26th:
A bill to amend Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, so as to pro vide that the Department of Human Resources shall accept certification and accreditation of an institution by the Joint Commission on Accredita tion of Hospitals as evidence of compliance with departmental re quirements.

SB 146. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an an nual salary, as amended, so as to change the provisions relating to the compensation of the sheriff.

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SB 147. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, as amended, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County.

SB 151. By Senator Timmons of the llth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole Coun ty, as amended, so as to change the compensation of the tax commis sioner; to provide for an interim compensation; to provide for other mat ters relative to the foregoing; to provide an effective date.

SB 152. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act relating to licensing of grain dealers, as amended, so as to change the amount and method of calculating the bond coverage required of grain dealers; to authorize the Commissioner of Agriculture to publish the names and locations of licensed grain dealers and those operations who buy grain for cash.

SB 154. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act known as the "Georgia State Warehouse Act," as amended, so as to increase the minimum required bond.

SB 161. By Senator Timmons of the llth:
A bill to abolish the present method of compensating the Judge of the Probate Court of Seminole County, known as the fee system; to provide in lieu thereof an annual salary.

SR 7. By Senators Greene of the 26th and Eldridge of the 7th: A resolution creating the Services for the Aged Study Committee.

SR 19. By Senators Hudgins of the 15th, Bell of the 5th, Kennedy of the 4th and others:
A resolution honoring the late Grady Lee Dickey and naming the Grady Lee Dickey Regional Youth Development Center.

SR 26. By Senator Howard of the 42nd: A resolution creating a Senate Primary Health Care Study Committee.

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259

SR 33. By Senators Howard of the 42nd, Broun of the 46th and Evans of the 37th:
A resolution creating a Senate Medicaid Reimbursement Study Commit tee.

HB 5. By Representative Patten of the 149th:
A bill to repeal an Act entitled "An Act creating a small claims court in each county of this State having a population of not less than 4,600 and not more than 5,300."

HB 6. By Representative Patten of the 149th: A bill to create and establish a Small Claims Court of Lanier County.

HB 32. By Representatives Beck of the 148th and Ham of the 80th:
A bill to amend Code Chapter 91A-11, relating to property which is ex empt from taxation, so as to provide the manner for returning and claim ing homestead exemptions which are created by Constitutional amend ments which are not general amendments.

HB 185. By Representatives Reaves of the 147th, Irvin of the 10th, Long of the 142nd and others:
A bill to amend the "Georgia Meat Inspection Act", so as to provide for inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling.

HB 187. By Representative Russell of the 64th: A bill to create a new charter for the City of Russell, in the County of Bar-

HB 204. By Representative Crosby of the 150th:
A bill to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.
HR 17. By Representatives Richardson of the 52nd, Wilson of the 19th, Hawkins of the 50th and others:
A resolution urging the Department of Human Resources to establish as a high priority primary prevention in the areas of mental illness and men tal retardation and the promotion of mental health.

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JOURNAL OF THE SENATE

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

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not answering were Senators Holloway (excused) and Horton.
Senator Allgood of the 22nd asked unanimous consent that Senator Stephens of the 36th be excused from all roll calls on the first through the twelfth legislative days, Janaury 12 through January 23, 1981, while he was at home recuperating from a serious illness. The consent was granted.

Senator Trulock of the 10th introduced the chaplain of the day, Dr. Albert Reese, pastor of the First Presbyterian Church, Bainbridge, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 57. By Senator Garner of the 30th: A resolution commending the Carrollton High School Trojan Band.

Senator Dean of the 31st moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Governmental Operations:

SB 149. By Senators Dean of the 31st and Garner of the 30th:
A bill to establish the Superior Court Clerks Training Council; to provide for voting and advisory members; to provide the procedure for con ducting business; to provide for the payment of expenses of the members of the council; to provide for the functions and authority of the council.

MONDAY, FEBRUARY 9, 1981

261

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 149 was withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Governmental Operations.

Senator Bond of the 39th moved that the following bill of the Senate be withdrawn from the Senate Committee on Governmental Operations and commit ted to the Senate Committee on County and Urban Affairs:

SB 206. By Senator Bond of the 39th:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937," as amended, so as to provide that the board of family and children services in certain counties shall consist of ten members.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 206 was withdrawn from the Senate Committee on Governmental Operations and commit ted to the Senate Committee on County and Urban Affairs.

SENATE CALENDAR Monday, February 9, 1981 THIRTEENTH LEGISLATIVE DAY

SB 41. Unfair Cigarette Sales Act -- repeal (Judy -- 33rd)
SR 24. Joint Committee for Review of Administrative Rules -- create (Gov Op -27th)
SR 25. Felon, and Those Incompetent to Vote -- prohibit voting, holding office (Gov Op - 25th)
SB 44. Trade, Partnership Names -- revise provisions on registration (Judy -33rd)
SB 77. Violator of Ordinance -- treating as state offense (SUBSTITUTE) (Judy -33rd)
SB 93. Registrars Reexamining Qualifications of Electors -- notice to electors (AMENDMENT) (Gov Op - 25th)
SB 97. Master and Servant -- claims on wages to survivors of deceased employees (Judy -- 33rd)
SB 114. Legal Advertising -- change certain fees (Judy -- 33rd)
SB 125. Motor Vehicle Title -- notice of security interest (Judy -- 26th)
SB 126. Mechanics', Materialmen's Liens -- change certain bonding requirements (Judy -- 26th)

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JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on January 22 and postponed until February 9, was put upon its passage:

SB 41. By Senator Barnes of the 33rd:
A bill to repeal an Act known as the "Unfair Cigarette Sales Act," as amended; to provide for a statement 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:

Allgood Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudson Kennedy Land Lester

Those voting in the negative were Senators:

Hudgins Kidd

Scott Sutton

Littlefield McGill McKenzie Reynolds Robinson Starr Stephens Stumbaugh Tate Thompson Timmons Trulock Ty singer Walker Wessels
Turner

Those not voting were Senators:

Ballard Bowen

Holloway (excused) Howard

Summers

On the passage of the bill, the yeas were 46, nays 5. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 9, 1981

263

The following general resolutions of the Senate, having been read the third time on January 23 and postponed until February 9, were put upon their adoption:

SR 24. By Senators Robinson of the 27th, Barker of the 18th, Stumbaugh of the 55th and others:
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, prac tices 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.

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

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

Those voting in the affirmative were Senators:

Barker Brantley Coverdell Eldridge Foster
Garner

Greene HortonHudgins Kidd Land

Littlefield McKenzie Robinson Stephens Stumbaugh

Those voting in the negative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal

Dean English Engram Evans Fincher of 52nd Fincher of 54th Gillis Hill Hudson Kennedy Lester McGill

Reynolds Scott Starr Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Holloway (excused)

Howard

Summers

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 16, nays 36.

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

Senator Robinson of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 24.

SR 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide that persons convicted of felonies, unless their rights have been restored, and persons adjudged mentally incompetent to vote shall not be permitted to register, vote, or hold any office, or appointment of honor, or trust in this state; to provide for the submission of this amendment for ratification or rejection.

Senator Kidd of the 25th moved that SR 25 be committed to the Senate Commit tee on Governmental Operations.

On the motion, the yeas were 44, nays 0; the motion prevailed, and SR 25 was committed to the Senate Committee on Governmental Operations.

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

SB 44. By Senator Barnes of the 33rd:
A bill to amend an Act providing for the registration of trade names, part nership names, and other names not disclosing the individual or cor porate ownership of trades or businesses carried on under such names, as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond

Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb

Coleman Coverdell Deal Dean Eldridge English

MONDAY, FEBRUARY 9, 1981

265

Engram Evans Fincher of 52nd Foster Garner Gillis Greene
Hill Horton Howard Hudgins Hudson

Kennedy Kidd Land Lester Littlefield McGill McKenzie
Reynolds Robinson Scott Starr

Those not voting were Senators:

Bryant Fincher of 54th

Holloway (excused)

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

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

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

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

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

SB 77. By Senator Barnes of the 33rd:
A bill to amend Code Section 68A-1507, relating to treating offenses either as state or local offenses, so as to provide that the citation charging a violation of an ordinance shall be deemed to have been an arrest charg ing the defendant with a violation of a State offense.

The Senate Committee on Judiciary offered the following substitute to SB 77:

A BILL
To be entitled an Act to amend Code Section 68A-1507, relating to treating offenses either as state or local offenses, so as to provide that the citation charging a violation of an ordinance shall be deemed to have been an arrest charging the defendant with a violation of a State offense; to provide that the bond, if any, which was posted at the time the defen dant was charged with violating an ordinance shall be the bond fixed for the charge of violating a State offense; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 68A-1507, relating to treating offenses either as state or local offenses, is hereby amended by striking from subsection (b) of Code Section 68A-1507 the following:
"after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix his bond and bind his case over to the appropriate State tribunal'',
and substituting in lieu thereof the following:
"shall, at the time of such election, conduct the commitment hear ing or accept a waiver of such commitment hearing. The citation which was issued charging the defendant with a violation of an or dinance shall be deemed to have been an arrest charging the defen dant with a violation of this Code Title. The bond, if any, which was posted at the time the defendant was charged with the violation of an ordinance shall be the bond fixed for the charge of violating this Code Title, and the recorder or city judge shall transfer this bond to the ap propriate State tribunal. If no bond was fixed at the time the defen dant was charged with violating an ordinance, no bond shall be fixed when the charge is treated as a State offense.",
so that when so amended subsection (b) of Code Section 68A-1507 shall read as follows:
"(b) If the offense charged under an ordinance constitutes a viola tion of any provision of this Title and the defendant elects to have the charge treated as a State offense, the recorder or city judge shall, at the time of such election, conduct the commitment hearing or accept a waiver of such commitment hearing. The citation which was issued charging the defendant with a violation of an ordinance shall be deemed to have been an arrest charging the defendant with a violation of this Code Title. The bond, if any, which was posted at the time the defendant was charged with the violation of an ordinance shall be the bond fixed for the charge of violating this Code Title, and the recorder or city judge shall transfer this bond to the appropriate State tribunal. If no bond was fixed at the time the defendant was charged with violating an ordinance, no bond shall be fixed when the charge is treated as a State offense."
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.

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267

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Coverdell

Holloway (excused)

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

Summers

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

SB 93. By Senator Kidd of the 25th:
A bill to amend Code Section 34A-519, relating to the right of registrars to reexamine qualifications of electors listed, subpoenaing of documents and witnesses, and notice of hearing to elector whose right to remain on list is questioned, so as to provide for notice to be provided to electors.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 93 by adding on Page 1, line 21, at the end of the line thereof, the following:
", not less than five nor more than 30 days from the date of notice,".

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JOURNAL OF THE SENATE

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

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Evans

Holloway (excused)

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

Summers

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

SB 97. By Senator Barnes of the 33rd:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to change the provisions of Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees.

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

MONDAY, FEBRUARY 9, 1981

269

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Barnes Bryant

Coverdell Holloway (excused)

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Summers

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

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

SB 114. By Senators Barnes of the 33rd, Allgood of the 22nd, English of the 21st and others:
A bill to amend Code Section 39-1105, relating to fees for advertising, as amended, so as to change certain fees.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Barnes Bell Bond

Bowen Brannon Brantley

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JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Cobb Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those voting in the negative were Senators:

Coleman Hill

Timmons Trulock

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

Those not voting were Senators:

Bryant Coverdell

Holloway (excused)

Summers

On the passage of the bill, the yeas were 47, nays 5.

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

Senator Barnes of the 33rd moved that SB 114 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed and SB 114 was immediately transmitted to the House.

SB 125. By Senator Greene of the 26th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," as amended, so as to change the number of days within which notice of a security interest must be delivered to the commissioner in order to perfect such interest as of the date of the security agreement.

The report of the committee, which was favorable to the 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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271

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Bryant Coverdell

Holloway (excused) Summers

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Timmons

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 126. By Senator Greene of the 26th: A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to change certain bonding re quirements.
Senator Greene of the 26th moved that SB 126 be postponed until February 10.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 126 was postponed until February 10.
The following general bill of the Senate, having been read the third time and defeated on January 23, and reconsidered previously today, was put upon its passage:

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JOURNAL OF THE SENATE

SB 95. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-1, relating to eligibility and qualifica tions to hold public office, as amended, so as to permit persons convicted of felonies to hold civil office upon restoration of their rights as provided by law; to provide that mentally incompetent persons may not hold civil office.

Senator Kidd of the 25th moved that SB 95 be committed to the Senate Commit tee on Governmental Operations.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 95 was committed to the Senate Committee on Governmental Operations.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:00 o'clock Noon, the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 10, 1981

273

Senate Chamber, Atlanta, Georgia Tuesday, February 10, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called 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 Robinson of the 27th moved that the Senate reconsider its action of February 9 in defeating the following resolution of the Senate:

SR 24. By Senators Robinson of the 27th, Barker of the 18th, Stumbaugh of the 55th and others:
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, prac tices 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.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 24 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 and resolutions of the House:

HB 349. By Representative Sizemore of the 136th:
A bill to repeal "An Act to establish a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U.S. Census of 1960 or any such future census".

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HB 351. By Representative Jackson of the 77th:
A bill to amend an Act relating to Columbia County, so as to change cer tain provisions relating to the jail and courthouse, to provide for the site of the construction of a new jail.

HB 369. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a Small Claims Court for Whitfield Coun ty, Georgia, so as to change the provisions relating to jurisdiction of said court.

HB 374. By Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act creating the civil court of Richmond County (formerly the Municipal Court of Augusta), so as to change the jurisdictional amount of the civil court of Richmond County, to change certain rules of practice and procedure.

HB 199. By Representative Greer of the 43rd: '
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to extend the deferred compensation program for employees of the state to permit inclusion of employees of the various state authorities and employees of the county boards of health.

HB 319. By Representatives Irvin of the 10th, Twiggs of the 4th, Harris of the 8th and others:
A bill to amend Code Section 95A-955, relating to securing loans on vehicles, so as to provide an exemption from the requirements of that Code Section for vehicles carrying silage.

HB 280. By Representative Galer of the 97th:
A bill to amend an Act providing for veterans services in Georgia, so as to make certain provisions regarding widows applicable to all surviving spouses.

HB 281. By Representative Galer of the 97th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide for payment of certain pensions and rewards to all surviving spouses rather than to widows.

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275

HB 231. By Representatives Padgett of the 86th, Cheeks of the 89th and Nicholson of the 88th:
A bill to amend Code Section 26-2801, relating to cruelty to children, so as to change the penalty for a conviction of cruelty to children.

HB 202. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend the Employment Security Law (formerly the Unemploy ment Compensation Law), which are redundant, to provide an increase in the maximum weekly benefit amount.

HB 16. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an act creating the Constitutional Amendments Publica tion Board, so as to provide for certain additional duties and respon sibilities of the Board and the Secretary of State.

HR 60. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to federal fiscal note and grant consolidation legisla tion.

HR 61. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to a Georgia Convocation on Federalism.

HR 62. By Representatives Lambert of the 12th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to the need for clarification of Article V of the United States Constitution.

HR 45. By Representatives Galer of the 97th, Savage of the 25th, Fuller of the 16th and others:
A resolution creating the Joint Local Mental Health and Mental Retarda tion Governance Study Committee.

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

SB 26. By Senator Timmons of the 11th:
A bill to create and establish a Small Claims Court in and for Quitman County; to prescribe the jurisdiction of said court; to prescribe the

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pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to pro vide for qualifications of officers of said court.

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

SB 247. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Development Authorities Law," as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain commercial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word "project".
Referred to Committee on Industry, Labor and Tourism.

SB 248. By Senator Kidd of the 25th:
A bill to provide that in all counties of this state having a population of not less than 33,527 and not more than 34,513 according to the United States census of 1970 or any future such census and in all municipalities in such counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages, and wines is lawfully authorized, such sales for con sumption on the premises shall be authorized during certain hours.
Referred to Committee on County and Urban Affairs.

SB 249. By Senators Kidd of the 25th, McGill of the 24th and Ballard of the 45th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date. Referred to Committee on Judiciary.

SB 250. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to prohibit counties or municipalities from imposing certain business license fees or occupational taxes; to provide for other regula tions. Referred to Committee on Industry, Labor and Tourism.

SB 251. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Section 3-1004.1, relating to civil liability for firemen, so as to limit the liability of certain firemen.
Referred to Committee on Public Safety.

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SB 252. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Chapter 88-5, relating to hospitalization and treat ment procedures for the mentally ill, as amended, so as to require that the sheriff notified of the status of certain persons after their involuntary admission to a facility.
Referred to Committee on Public Safety.

SB 253. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide the circumstances whereby local units of administration may be granted funding for con struction in excess of annual entitlements.
Referred to Committee on Education.

SB 254. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment procedures for alcoholics, drug dependent individuals, and drug abusers, as amended, so as to require that the sheriff be notified of the status of certain persons after their involuntary admission to a facility.
Referred to Committee on Public Safety.

SB 255. By Senator Coverdell of the 40th:
A bill to amend Code Title 69, relating to municipal corporations, as amended, so as to provide a new code chapter relating to home rule for municipalities; to provide for the creation, dissolution, merger, con solidation, and boundary changes of municipalities.
Referred to Committee on County and Urban Affairs.-GEN.

SB 256. By Senator Coverdell of the 40th:
A bill to amend Code Title 23, relating to counties, as amended, so as to provide a new Code chapter relating to home rule for counties; to authorize counties to adopt certain ordinances, resolutions, and regula tions relating to county property, affairs, and local government.
Referred to Committee on County and Urban Affairs.-GEN.

SB 257. By Senator Coverdell of the 40th:
A bill to amend an Act known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973" so as to authorize the public en tities covered by said Act to exercise the powers provided by said Act, as a part of the costs of public works projects, for public works projects which are not financed in whole or in part from federal funds.
Referred to Committee on County and Urban Affairs.-GEN.

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SB 258. By Senator Coverdell of the 40th:
A bill to amend an Act providing for the disposition of certain accusa tions in the criminal court of certain counties, as amended, so as to pro vide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any further such cen sus.
Referred to Committee on County and Urban Affairs.

SB 259. By Senator Coverdell of the 40th:
A bill to amend an Act, as amended, pertaining to recording of plat in cer tain counties, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

SB 260. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-1714(a), relative to the office locations of probate courts in all counties having a population of 600,000 or more ac cording to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 261. By Senator Coverdell of the 40th:
A bill to amend Code Section 53-201 (a), relative to issuance of marriage licenses in all counties having a population of 600,000 or more according to the 1970 United States decennial census or any future such census, so as to change the provisions relative to population; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 262. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries in counties of this state having a population of 600,000 or more ac cording to the United States decennial census of 1970 or any future such census, so as to provide that Code Chapter 59-6A shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 263. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a program of legal services in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

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279

SB 264. By Senator Coverdell of the 40th:
A bill to amend an Act pertaining to the qualifications of members of the civil service board in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

SB 265. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2727B, relating to the costs for services rendered by the clerk of the superior court in civil cases in all counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 266. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the sale of alcoholic beverages during certain hours in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 267. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1022, relating to taxes payable to coun ties in which returns are made, as amended, so as to change the popula tion classification of the provisions of said Code section relating to coun ties having a population of 600,000 or more according to the census. Referred to Committee on County and Urban Affairs.
SB 268. By Senator Coverdell of the 40th:
A bill to amend Code Section 34-1406.1, relative to absentee voting in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any such future census, so as to change the provisions relative to population. Referred to Committee on County and Urban Affairs.

SB 269. By Senator Coverdell of the 40th:
A bill to amend Code Section 34-1501(b), relative to office hours of elec tion superintendents in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

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SB 270. By Senator Coverdell of the 40th:
A bill to amend Code Section 34A-111, authorizing counties having a population in excess of 600,000 according to the 1970 United States decennial census or any future such census to conduct elections for municipalities lying wholly or partially within such counties, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 271. By Senator Coverdell of the 40th:
A bill to amend an Act prohibiting the transport of waste across state and county boundaries, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future census.
Referred to Committee on County and Urban Affairs.

SB 272. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing Zoning and Building Inspectors to issue citations in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

SB 273. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1450, relating to the payment of taxes in counties of this state having a population of 600,000 or more according to the census, as amended, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 274. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a joint city-county tax board in cer tain counties, as amended, so as to provide that said Act shall be ap plicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

SB 275. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a budget commission in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

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281

SB 276. By Senator Coverdell of the 40th:
A bill to amend Code Section 91-804A, relating to the sale or disposition of county property in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 277. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the sale of alcoholic beverages during certain hours on Sundays in certain counties, as amended, so as to pro vide that said Act shall be applicable in counties having a population of 550,000 or more, according to the 1970 census, or any future such cen sus.
Referred to Committee on County and Urban Affairs.

SB 278. By Senator Coverdell of the 40th:
A bill to amend Code Section 5A-507, pertaining to exception to the pro hibition against sale of alcoholic beverages on Sundays and election days, so as to change certain population classifications contained therein. Referred to Committee on County and Urban Affairs.

SB 279. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2727A, relating to costs of the clerk of the superior court in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to population.
Referred to Committee on County and Urban Affairs.

SB 280. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the ordinary (now probate judge) of certain counties to administer certain oaths, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
Referred to Committee on County and Urban Affairs.

SB 281. By Senator Hudson of the 35th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways," as amended, so as to require operators of motor vehicles in volved in certain accidents to report such accidents to the insurer which issued the motor vehicle liability policy on the motor vehicle involved in the accident.
Referred to Committee on Transportation.

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SB 282. By Senators Broun of the 46th, Barnes of the 33rd and Lester of the 23rd:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, as amended, so as to change the provi sions relating to the powers of the Legislative Services Committee; to provide for other matters relative thereto.
Referred to Committee on Governmental Operations.

SB 283. By Senators Broun of the 46th, Barnes of the 33rd and Lester of the 23rd:
A bill to provide for the assignment of offices and space in the state capitol building; to provide for matters relative thereto; to provide for an effective date.
Referred to Committee on Governmental Operations.

SB 284. By Senators Broun of the 46th, Barnes of the 33rd and Lester of the 23rd:
A bill to amend an Act known as the "Georgia Building Authority Act," as amended, so as to authorize the authority to enter into contracts, leases, and agreements; to provide for matters relative thereto; to pro vide an effective date.
Referred to Committee on Governmental Operations.

SB 285. By Senators Greene of the 26th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend Code Section 24-2710, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; to pro vide an effective date.
Referred to Committee on Judiciary.

SB 286. By Senators Fincher of the 52nd and Allgood of the 22nd:
A bill to amend Code Section 20-506, relating to obligations to pay at torney's fees contained in notes and other instruments, as amended, so as to provide that such obligations are enforceable only to the extent that reasonable attorney's fees are actually paid or owing to an attorney other than an employee of the holder of the instrument.
Referred to Committee on Special Judiciary.

SB 287. By Senators Lester of the 23rd, Turner of the 8th and Gillis of the 20th:
A bill to amend Code Chapter 91A-45, relating to sales and use taxation, so as to specify a bracket system for the collection of state and local sales and use taxes. Referred to Committee on Banking, Finance and Insurance.

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283

SB 288. By Senators Reynolds of the 48th, Brown of the 47th and Coleman of the 1st:
A bill to amend Code Section 95A-901, relating to uniform signs, signals, markings, and other traffic-control devices, so as to prohibit the sale of nonuniform signs, signals, markings, and other traffic-control devices; to provide for penalties for such prohibited sales.
Referred to Committee on Transportation.

SB 289. By Senator Littlefield of the 6th:
A bill to amend the "Development Authorities Law," as amended, so as to authorize the creation of joint development authorities by counties and municipalities; to provide for membership of such joint authorities.
Referred to Committee on County and Urban Affairs--GEN.

SB 290. By Senators Littlefield of the 6th and Wessels of the 2nd:
A bill to amend an Act relating to provision of housing in the interests of national defense, as amended, so as to authorize housing authorities to initiate projects under the Act in certain areas. Referred to Committee on Defense and Veterans Affairs.

SR 60. By Senators Gillis of the 20th, Walker of the 19th, Kennedy of the 4th and others:
A resolution reaffirming the commitment of the General Assembly to the mission and program of the Mercer University School of Medicine. Referred to Committee on Appropriations.

SR 61. By Senators Garner of the 30th, Kennedy of the 4th, Barnes of the 33rd and others:
A resolution creating the Joint Correctional Institution Study Committee. Referred to Committee on Offender Rehabilitation.

SR 63. By Senators Wessels of the 2nd, Bryant of the 3rd, Kennedy of the 4th and others:
A resolution creating the Georgia Semiquincentenary Commission. Referred to Committee on Special Judiciary.

SR 66. By Senator Littlefield of the 6th:
A resolution authorizing the conveyance of certain State-owned real property located within Camden County, Georgia, to Camden County and to the Georgia Department of Transportation. Referred to Committee on Public Utilities.

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

HB 16. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act creating the Constitutional Amendments Publica tion Board, so as to provide for certain additional duties and respon sibilities of the Board and the Secretary of State. Referred to Committee on Governmental Operations.

HB 199. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to extend the deferred compensation program for employees of the State to permit inclusion of employees of the various state authorities and employees of the county boards of health.
Referred to Committee on Governmental Operations.

HB 202. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compensation Law), so as to strike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount.
Referred to Committee on Industry, Labor and Tourism.

HB 231. By Representatives Padgett of the 86th, Cheeks of the 89th and Nicholson of the 88th:
A bill to amend Code Section 26-2801, relating to cruelty to children, so as to change the penalty for conviction of cruelty to children.
Referred to Committee on Judiciary.

HB 280. By Representative Galer of the 97th:
A bill to amend an Act providing for veterans services in Georgia, so as to make certain provisions regarding widows applicable to all surviving spouses. Referred to Committee on Defense and Veterans Affairs.

HB 281. By Representative Galer of the 97th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide for payment of certain pensions and reward to all surviving spouses rather than to widows. Referred to Committee on Defense and Veterans Affairs.

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285

HB 319. By Representatives Irvin of the 10th, Twiggs of the 4th, Harris of the 8th and others:
A bill to amend Code Section 95A-955, relating to securing loads on vehicles, so as to provide an exemption from the requirements of that Code Section for vehicles carrying silage.
Referred to Committee on Transportation.

HB 349. By Representative Sizemore of the 136th:
A bill to repeal "An Act to establish a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U.S. Census of 1960 or any such future census". Referred to Committee on County and Urban Affairs.

HB 351. By Representative Jackson of the 77th:
A bill to amend an Act relating to Columbia County, so as to change cer tain provisions relating to the jail and courthouse; to provide for the site of the construction of a new jail.
Referrred to Committee on County and Urban Affairs.

HB 369. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a small claims court for Whitfield Coun ty, Georgia, so as to change the provisions relating to jurisdiction of said court.
Referred to Committee on County and Urban Affairs.

HB 374. By Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act creating the civil court of Richmond County (formerly the municipal court of Augusta), so as to change the jurisdictional amount of the civil court of Richmond County; to change certain rules of practice and procedure.
Referred to Committee on County and Urban Affairs.

HR 45. By Representatives Galer of the 97th, Savage of the 25th, Fuller of the 16th and others:
A resolution creating the Joint Local Mental Health and Mental Retarda tion Governance Study Committee. Referred to Committee on Human Resources.

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HR 60. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to federal fiscal note and grant consolidation legisla tion. Referred to Committee on Appropriations.

HR 61. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to a Georgia Convocation on Federalism. Referred to Committee on Governmental Operations.

HR 62. By Representatives Lambert of the 12th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to the need for clarification of Article V of the United States Constitution. Referred to Committee on Judiciary.

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

Mr. President:

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

SB 196. SB 197. SB 204. SB 205. SB 231. SB 232. SB 241. SR 38. HB 198. HB 216.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

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287

Mr. President:

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

SB 61. Do pass. SB 116. Do pass as amended.

Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

Your Committee on Industry, Labor and Tourism 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 1. SB 85. SB 86. SB 96. SB 142.

Do pass by substitute. Do pass. Do pass. Do pass. 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 has instructed me to report the same back to the Senate with the following recommendations:

SB 30. Do pass as amended. SB 119. Do pass.

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

288 Mr. President:

JOURNAL OF THE SENATE

Your Committee on Natural Resources and Environmental Quality 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 33. SB 47. SB 100. SB 101. SB 159. HB 103. HB 104. HB 195. HB 196.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

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 29. SR 31. SR 18. HR 42.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

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289

Mr. President:

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

SB 4. SB 69. SB 121. SB 122. HB 39. HB 101.

Do pass by substitute. Do pass by substitute. Do pass as amended. Do pass. Do pass by substitute. Do pass.

Mr. President:

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Your Committee on Special Judiciary has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 201. Do pass by substitute.

Mr. President:

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Your Committee on Transportation 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 52. SB 202. SB 203. SB 242.

Do pass. Do pass. Do pass by substitute. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

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The following bills and resolution of the Senate and House were read the sec ond time:

SB 36. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Revenue Bond Law," as amended, so as to remove the limitation on the maximum interest rate which may be borne by revenue bonds; to authorize the governing body to set the in terest rate.

SB 65. By Senators Foster of the 50th, Lester of the 23rd and Turner of the 8th:
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 State, county, school, and municipal taxpayers; to authorize the State Revenue Commissioner to adopt certain rules; to pro vide for other matters relative to the foregoing.

SB 79. By Senator Barnes of the 33rd:
A bill to provide procedures for the prevention of domestic violence; to define the term "domestic violence," to provide procedures in connec tion with the filing of petitions; to provide for protective orders and tem porary ex parte orders; to provide for enforcement of orders; to provide for assistance by law enforcement officers.

SB 82. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to amend Code Chapter 26-18 of the Criminal Code of Georgia, relating to theft offenses, as amended, so as to change the penalty provi sions relating to certain crimes of theft; to provide the punishment for the offense of motor vehicle theft and related offenses.

SB 83. By Senators Cobb of the 28th and English of the 21 st:
A bill to amend Code Chapter 105-18, relating to defenses against torts, as amended, so as to provide immunity from liability for care, assistance, or advice relating to certain dangerous incidents involving compressed gasses; to provide for exceptions.

SB 99. By Senator Hudson of the 35th:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951," as amended, so as to provide for partial state funding of local civil defense organizations.

SB 118. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to create a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide a short title; to

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291

provide for the membership of said board and the appointments thereto; to provide that the joint-secretary of the state examining boards shall be secretary of the board and to provide for his powers and duties.

SB 160. By Senator Timmons of the 11th:
A bill to add one additional judge of the superior court for the Pataula Judicial Circuit; to provide for the appointment of the first such addi tional 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.

SB 207. By Senator Broun of the 46th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," as amended, so as to change the provisions relative to the minimum insurance coverage required for motor vehicles.

SB 208. By Senators Broun of the 46th and Tysinger of the 41st:
A bill to amend Code Section 68C-307, relating to requirements and limits of certain automobile liability policies under "The Motor Vehicle Safety Responsibility Act," so as to change the provisions relative to the required policy limits for injury or destruction to property of others.

SR 17. By Senator Kidd of the 25th:
A resolution to create the Joint Driver Improvement Clinic Study Com mittee; to provide for the duties, powers, and authorities of the commit tee; to provide for a report of committee findings and recommendations.

HB 59. By Representative Jackson of the 9th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, so as to add to the definition of abandoned motor vehicles those vehicles which are abandoned on private property.

HB 132. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act'', so as to exempt the motor vehicle tag registration and certificate of title records which the commissioner is required to maintain from the provisions of any Act which may require that said records be open for public inspection.

HB 208. By Representatives Swann of the 90th and Jessup of the 117th:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war.

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SB 209. By Senator Coverdell of the 40th:
A bill to amend an Act creating a State Court of Fulton County, as amend ed, creating for said state court the Office of Magistrate, so as to provide that deputy marshals shall be bailiffs for the magistrates of said court.

SB 210. By Senator Coverdell of the 40th:
A bill to amend an Act creating a Civil Service Board in Fulton County, as amended, so as to provide for the position of law clerk for the Superior, State or Juvenile Court of Fulton County.

SB 211. By Senator Coverdell of the 40th:
A bill to amend an Act establishing a municipal court of the City of Atlan ta (now a division of the State Court of Fulton County), as amended, so as to change the cost deposit requirements and the costs charged by the clerk and marshal of the court.

SB 214. By Senator Coverdell of the 40th:
A bill to amend an Act creating a State Court of Fulton County by con solidating the Criminal Court of Fulton County and the Civil Court of Fulton County, as amended, so as to provide that the duties and respon sibilities of the chief clerk shall also include those of administrator for said court.

SB 218. By Senator Timmons of the 11th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825 and not more than 6,925, according to the United States Decennial Census of 1960, or any future such census;", as amended.

HB 57. By Representative Wall of the 61 st:
A bill to amend an Act creating a new charter for the city of Dacula, so as to provide that the city council may override the mayor's veto of the council.

HB 150. By Representative Hutchinson of the 133rd: A bill to create and establish a Small Claims Court of Lee County.

HB 189. By Representatives Clark, Milford and Mann of the 13th and Lambert of the 112th:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the compensation of the mayor and councilmembers.

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293

HB 261. By Representatives Hooks of the 116th and Castleberry of the lllth:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the compensation of the sheriff.

Senator Greene of the 26th introduced the doctor of the day, Dr. Fred Rankin, of Macon, 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 146. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an an nual salary, as amended, so as to change the provisions relating to the compensation of the sheriff.

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

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

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

SB 147. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, as amended, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County.

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

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

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

SB 151. By Senator Timmons of the 11 th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole Coun ty, as amended, so as to change the compensation of the tax commis sioner; to provide for an interim compensation; to provide for other mat ters relative to the foregoing; to provide an effective date.

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

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

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

SB 161. By Senator Timmons of the llth:
A bill to abolish the present method of compensating the Judge of the Probate Court of Seminole County, known as the fee system; to provide in lieu thereof an annual salary.

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

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

HB 5. By Representative Patten of the 149th:
A bill to repeal an Act entitled "An Act creating a small claims court in each county of this State having a population of not less than 4,600 and not more than 5,300."

The report 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 6. By Representative Patten of the 149th: A bill to create and establish a Small Claims Court of Lanier County.

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

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

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

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295

HB 187. By Representative Russell of the 64th:
A bill to create a new charter for the City of Russell, in the County of Bar row.

The report 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 204. By Representative Crosby of the 150th:
A bill to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.

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

On the passage of the bill, the yeas were 51, 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal
Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd
Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Sutton Thompson Timmons Trulock Turner Tysinger Walker
Wessels

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Those not answering were Senators:

Bond Holloway (excused) Hudgins

Starr Stumbaugh

Summers Tate

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Troy Holloway, pastor of Bellville United Methodist Church, Bellville, Georgia, who of fered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 62. By Senators Cobb of the 28th, Reynolds of the 48th, Hill of the 29th and others:
A resolution commending the Georgia Auto Theft Intelligence Council.

SR 64. By Senator Turner of the 8th: A resolution commending Dr. C. O. Templeton.

SR 65. By Senators Holloway of the 12th and Horton of the 17th: A resolution commending Marge Thurman.

SENATE CALENDAR Tuesday, February 10, 1981 FOURTEENTH LEGISLATIVE DAY
SB 123. Board of Pharmacy--add two members (Gov Op--5th)
SB 126. Mechanics', Materialmen's Liens--change certain bonding requirements (Judy-26th)
SB 71. Life Health Insurance--additional qualifications for agents (BF&I --23rd)
SB 73. Board of Examiners for Registered Professional Sanitarians--consumer member voting authority (Hum R--42nd)
SB 75. Service-Cancellable Educational Loan Funds--nursing programs (Hum R-42nd)
SB 76. Medical Assistance Act--time limitations on claims (Hum R--42nd)
SB 104. Medical Assistance Act--disclosure of certain confidential information unlawful (Hum R--42nd)
SB 105. Health Insurance--coverage for treatment of mental disorders (SUBSTITUTE) (BF&I-43rd)
SB 108. Employees' Retirement--credit for General Assembly service (AMEND MENT) (Ret--25th)

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297

SB 115. Superior Courts Senior Judge--per diem allowance (AMENDMENT) (Judy-33rd)
SB 138. Medical Assistance Department--claim against Medicaid recipient estate (Hum R-42nd)
SB 139. Medicaid Program--regulations in administration (Hum R--42nd)
SB 145. Medical Institutions--certification and accreditation (SUBSTITUTE) (Hum R-26th)
SB 152. Licensed Grain Dealers--bond coverage required (Ag--24th)
SB 154. State Warehouse Act--minimum bond required of warehousemen (Ag-24th)
SR 7. Services for the Aged Study Committee--create (Hum R--26th)
SR 19. Grady Lee Dickey Regional Youth Development Center--naming (Hum R-15th)
SR 26. Senate Primary Health Care Study Committee--create (Hum R--42nd)
SR 33. Senate Medicaid Reimbursement Study Committee--create (Hum R-42nd)
HB 32. Homestead Exemptions--manner for returning and claiming (SUBSTITUTE) (BF&I -8th)
HB 185. Slaughtering of Livestock--inspection of methods (Ag--24th)
HR 17. Mental Health--Department of Human Resouces urged to make high priority (Hum R--42nd)

The following general bill of the Senate, having been read the third time on February 9 and postponed until February 10, was put upon its passage:

SB 126. By Senator Greene of the 26th:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to change certain bonding re quirements.

Senators Greene of the 26th and Coleman of the 1st offered the following substitute to SB 126:

A BILL
To be entitled an Act to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to change certain bonding requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, is hereby amended by striking Code Section 67-2004 in its entirety and inserting in lieu thereof a new Code Section 67-2004 to read as follows:
"67-2004. When any person, entitled under this chapter to claim a lien against real estate located in this state, shall file his lien in the of fice of the clerk of the superior court of the county in which said real estate is located, the owner of the real estate, or the contractor employed to improve said property, may, before or after foreclosure proceedings are instituted, discharge said lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of said lien the sum that may be found to be due the holder upon the trial of any action that may be filed by that lien holder to recover the amount of his claim, within 12 months from the time that claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of said court or a cash bond, except in cases involving a lien against single-family residential property, in which event the bond shall be in the amount claimed under the lien. Upon filing of the bond provided for herein, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit at tached thereto setting forth a description of such property and in dicating the record owner thereof, including any liens and encum brances and amounts thereof, market value and the value of such sureties' interest therein, executed by the owner or owners of such in terest and such bond and affidavit is recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists it shall constitute a lien against the property described in the at tached affidavit."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the 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

Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Deal Dean

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299

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Garner Gillis Greene Horton Howard

Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Those not voting were Senators:

Bond Coverdell Foster

Hill Holloway (excused) Land

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

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

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

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

SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continuing education as a prerequisite for the renewal for licenses of insurance agents, solicitors, brokers, counselors, and ad justers.

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

On the 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 Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb

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Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Garner Gillis Greene

Horton Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Bond Foster Hill

Holloway (excused) Howard Hudgins

On the passage of the bill, the yeas were 47, nays 1.

Land Summers

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

SB 73. By Senators Howard of the 42nd and Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitarians, as amended, so as to change the voting authority of the consumer member of the State Board of Examiners for Registered Professional Sanitarians.

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

On the 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 Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 52nd

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301

Fincher of 54th
Foster Garner Gillis Greene Horton Howard Hudson
Kennedy Kidd

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr
Stephens

Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker
Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Bond Hill

Holloway (excused) Hudgins

Land Summers

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 75. By Senator Howard of the 42nd: A bill to amend Code Section 32-3750, relating to service-cancelable educational loan funds, so as to authorize such loans for students in longterm health care nursing programs and provide conditions therefor.
The report of the committee, which was favorabl e to the passage of the bill, was agreed to.
On the 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 Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd

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Land Lester McGill McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Sutton Thompson

Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Bond Bowen Holloway (excused)

Hudgins Littlefield

Summers Tate

On the passage of the bill, the yeas were 48, nays 1.

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

SB 76. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to change certain provisions on time limitations on claims.

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

On 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
Brannon Brantley Broun of 46th Brown of 47th Bryarit Cobb Coleman Coverdell Deal

Dean Eldridge English Engram
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard

Hudson Kennedy Kidd Land
Lester McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

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303

Sutton
Tate Thompson

Trulock
Turner Tysinger

Walker Wessels

Those voting in the negative were Senators Ballard and Evans.

Those not voting were Senators:

Bond Bowen
Holloway (excused)

Hudgins Littlefield

Summers Timmons

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

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

SB 104. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to provide that the disclosure of certain con fidential information is unlawful; to provide a penalty.

Senator Howard of the 42nd offered the following substitute to SB 104:

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 provide that the disclosure of certain confidential informa tion is unlawful; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 ap proved April 17, 1979 (Ga. Laws 1979, p. 1293), is hereby amended by adding a new section after Section ISA thereof, to be designated Section 15B, to read as follows:
"Section 15B. Disclosure of Certain Confidential Information Unlawful; Penalty, (a) Except as otherwise provided in this Section, records concerning applicants for and recipients of Medicaid Services, including lists of names and addresses, made or kept by the depart ment or other State or local agency, shall be confidential and shall not

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be opened to examination without the informed consent of the appli cant or recipient. However, such disclosure is not prohibited for any purpose directly connected with the administration of the Medicaid program.
(b) This Section shall not prohibit the furnishing of such informa tion to other public agencies to the extent required for establishing eligibility or for other purposes directly connected with the ad ministration of the Medicaid program.
(c) Any person knowingly violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
(d) The department is authorized to promulgate rules and regula tions which are consistent with this Section, pursuant to Section 10 of this Act.
(e) Nothing in this Section is intended to conflict with any provi sions of federal law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Howard of the 42nd moved that SB 104 be postponed until February 12.

On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 104 was postponed until February 12.

SB 105. By Senators Scott of the 43rd and Lester of the 23rd:
A bill to amend Code Chapter 56-24, relating to insurance contracts in general, as amended, so as to change certain accident and sickness in surance benefit plans, policies, or contracts to provide coverage for the treatment of mental disorders to the same extent and degree as coverage provided for the treatment of physical illnesses.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 105:

A BILL
To be entitled an Act to amend Code Chapter 56-24, relating to in surance contracts in general, as amended, so as to change certain acci dent and sickness insurance benefit plans, policies, or contracts to pro vide coverage for the treatment of mental disorders to the same extent

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305

and degree as coverage provided for the treatment of physical illnesses; to define certain terms; to provide for clarification; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 56-24, relating to insurance contracts in general, as amended, is hereby amended by adding at the end thereof a new Code Section 56-2447 to read as follows:
"56-2447. Treatment of mental disorders, (a) For the purpose of this Code section, the following words or terms shall have the follow ing meanings:
(1) 'Mental disorder' shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation.
(2) 'Accident and sickness insurance benefit plan, policy, or con tract' means:
(A) An individual accident and sickness insurance policy or con tract as defined in Code Chapter 56-30, relating to individual accident and sickness insurance;
(B) A group and blanket accident and sickness insurance policy or contract as defined in Code Chapter 56-31, relating to group and blanket accident and sickness insurance;
(C) A group contract of the type issued by a hospital service non profit corporation established under Code Chapter 56-17;
(D) A group contract of the type issued by a health care plan established under Code Chapter 56-17A;
(E) A group contract of the type issued by a nonprofit medical ser vice corporation established under Code Chapter 56-18;
(F) A group contract of the type issued by a health maintenance organization established under Code Chapter 56-36; or
(G) Any similar accident and sickness benefit plan, policy, or con tract.
(b) Every insurer authorized to issue accident and sickness in surance plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after January 1, 1982, coverage for the treatment of mental disorders which is at least as extensive and provides at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treat-

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ment of other types of physical illnesses. Such an optional endorse ment shall also provide that the coverage required to be made available herein shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under said benefit plan, policy, or contract.
(c) The optional endorsement required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coin surance provisions which apply to the treatment of mental disorders unless such provisions apply generally to all benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract.
(d) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section.
(e) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in subsections (b) and (c) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit cor poration, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any insured under such group or blanket plan, policy, or contract.
(f) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section."
Section 2. This Act shall become effective January 1, 1982.
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.

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307

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bond Cobb

Holloway (excused) Hudgins

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Starr 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 108. By Senators Kidd of the 25th and Holloway of the 12th:
A bill to amend an Act establishing the Employees' Retirement System, as amended, so as to provide that any member who was an employee of a State department as reflected in the State Auditor's Report for the Fiscal Year ending June 30, 1970, who was a member of the General Assembly between January 1, 1954, and January 1, 1967, may receive membership service credit for same.

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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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 20, 1981

SUBJECT: Fiscal Note-Senate Bill 108 Employees' Retirement System

This Bill would allow any member who was a state employee as reflected in the State Auditor's Report for fiscal years 1967 or 1970 to receive membership service credit for service in the General Assembly between January 1, 1954 and January 1, 1967 by paying 6% of the annual base pay and allowances received during such service. Previously, a member who was a state employee as reflected in the State Auditor's Report for fiscal year 1967 was able to receive credit for such service by
paying the required contributions prior to March 8, 1970.

The fiscal impact of this Bill would be minimal. While it would per mit certain members to receive membership service credits, only three members have been identified who could benefit from this Bill. Since a member must have previous state employment and General Assembly service in prior years, the number of members eligible for this credit would not increase in future years.

/s/ William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

Senator Barnes of the 33rd offered the following amendment:
Amend SB 108 by adding on Page 1, between the lines 26 ana 27, the following:
"and by adding at the end of said subsection the following sentence:

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309

'The provisions of this subsection shall be applicable for the establishment of service credit under subsection (8) of Section 19 of this Act.' ",
and
By adding on Page 2, on line 17, the following sentence after the word "Act.":
"The provisions of this subsection shall be applicable for the establishment of service credit under subsection (8) of Section 19 of this Act."

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 Roy E. Barnes

State Senator, District 33

FROM: William M. Nixon, State Auditor

DATE:

February 9, 1981

SUBJECT: Cost Memorandum--Senate Bill 108 (Amended) Employees' Retirement System

This Bill, as amended, would allow any member who was a state employee as reflected in the State Auditor's Report for fiscal years 1967 or 1970 to receive membership service credit for service in the General Assembly between January 1, 1954 and January 1, 1967 by paying 6% of the annual base pay and allowances received during such service. This Bill specifically allows such credits to be applicable for the establishment of service credits as an Appellate Court Judge. Previously, a member who was a state employee as reflected in the State Auditor's Report for fiscal year 1967 was able to receive credit for such service by paying the required contributions prior to March 8, 1970.

The fiscal impact of this Bill would be minimal. While it would per mit certain members to receive membership service credits, only four members have been identified who could benefit from this Bill. Since a member must have previous state employment and General Assembly service in prior years, the number of members eligible for this credit would not increase in future years.

Is/ William M. Nixon State Auditor

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On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Tate Timmons Trulock Turner Tysinger Walker
Wessels

Those voting in the negative were Senators:

Barker Coverdell

Land

Those not voting were Senators:

Bond Holloway (excused)

Howard Hudgins

Sutton
Summers Thompson

On the passage of the bill, the yeas were 46, nays 4.

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

Senator Barnes of the 33rd moved that SB 108 be immediately transmitted to the House.

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311

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 108 was immediately transmitted to the House.

The following local bill of the Senate was taken up for the purpose of consider ing the House amendment thereto:

SB 26. By Senator Timmons of the 11th:
A bill to create and establish a Small Claims Court in and for Quitman County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to pro vide for qualifications of officers of said court.

The House amendment was as follows:

Amend SB 26 by striking from line 27 of Page 1 the figure:
"$1,500.00",
and inserting in lieu thereof the figure:
"$2,000.00".
By adding at line 19 of Page 3 immediately after the words "made by", the following:
"registered or certified mail with return receipt requested, by".
By adding at line 24 of Page 3 immediately after the word and sym bol "purpose.", the following:
"When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defen dant by registered or certified mail is returned to the sender by United States postal authorities marked 'refused,' giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant."

Senator Timmons of the llth moved that the Senate agree to the House amend ment to SB 26.

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On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 26.

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

SB 115. By Senator Barnes of the 33rd:
A bill to amend an Act creating the office of Senior Judge of the Superior Courts, as amended, so as to provide for a per diem allowance at the op tion of the senior judge in lieu of certain reimbursable expenses incurred by senior judges of the superior courts.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 115 by striking from Page 1, lines 22 and 23, the follow ing:
"$60.00 per day",
and substituting in lieu thereof the following:
"the same per diem expense authorized by law for members of the General Assembly''.
By striking from Page 2, line 8, the following:
"$60.00 per day",
and substituting in lieu thereof the following:
"the same per diem expense authorized by law for members of the General Assembly''.
By striking from Page 2, lines 28 and 29, the following:
"$60.00 per day",
and substituting in lieu thereof the following:
"the same per diem expense authorized by law for members of the General Assembly''.

By striking from Page 3, line 8, the following:
"$60.00 per day",
and substituting in lieu thereof the following:
"the same per diem expense authorized by law for members of the General Assembly''.

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313

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Those voting in the negative were Senators:

Ballard Barker Brannon

Coverdell Evans

Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Horton Land

Those not voting were Senators:

Bond Holloway (excused)

Hudgins

On the passage of the bill, the yeas were 45, nays 7.

Summers

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

SB 138. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on the recipient's behalf.

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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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram

Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill
McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators Brannon and Deal.

Those not voting were Senators:

Bond Holloway (excused)

Hudgins Summers

Sutton

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 139. By Senator Howard of the 42nd: A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to prescribe regulations in order to prevent conflicts of interest in the administration of the Medicaid program.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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315

Senator Allgood of the 22nd moved that he be excused from voting on SB 139, stating that he had a personal interest in the results.
On the motion, the yeas were 39, nays 1; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on SB 139.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood (excused) Bond

Holloway (excused) Hudgins

Summers

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

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

SB 145. By Senator Greene of the 26th:
A bill to amend Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, so as to pro vide that the Department of Human Resources shall accept certification and accreditation of an institution by the Joint Commission on Accredita tion of Hospitals as evidence of compliance with departmental re quirements.

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The Senate Human Resources Committee offered the following substitute to SB 145:

A BILL
To be entitled an Act to amend Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institu tions, so as to provide that the Department of Human Resources may ac cept the certification or accreditation of an institution by certain bodies as evidence of compliance with departmental requirements; to provide that an additional inspection of such certified and accredited institutions by the Department of Human Resources may not be required before a permit is issued or renewed; to provide for departmental inspections, revocation, and refusal to issue or renew permits under certain condi tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 88-1905 to read as follows:
"88-1905. Permits to operate required; application; issue, (a) Any person or persons responsible for the operation of any institution as defined or classified pursuant to this Chapter, or who may hereafter propose to establish and operate such an institution, shall submit an application to the Department of Human Resources for a permit to operate said institution, such application to be made on forms prescribed by the Department of Human Resources. No institution shall be operated in Georgia without such a permit, which shall be displayed in a conspicuous place within the building. Failure or refusal to file an application for a permit as required herein shall con stitute a violation of this Chapter and shall be dealt with as provided for in Chapter 88-3 of this Title. Following inspection and classifica tion of the institution for which a permit is applied, the Department of Human Resources may issue a permit or a provisional permit, or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the Department of Human Resources.
(b) The Department of Human Resouces may accept the certifica tion or accreditation of an institution by the Joint Commission on Ac creditation of Hospitals, the American Osteopathy Association, or other accreditation body in accordance with specific standards, as evidence of that institution's compliance with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit. The Department of Human Resouces may not require an additional departmental inspection of such institu tions prior to the issuance or renewal of such permits, except to the extent that such specific standards are less rigorous or less com prehensive than departmental requirements. Provided, however, that nothing contained herein shall prohibit departmental inspections for

TUESDAY, FEBRUARY 10, 1981

317

violations of said standards or requirements, or the revocation of or refusal to issue or renew permits as authorized by Code Section 88-1906 of this Chapter, or for violation of any other applicable law."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Allgood of the 22nd moved that he be excused from voting on SB 145, stating that he had a personal interest in the results.

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused form voting on SB 145.

On the adoption of the substitute offered by the Senate Committee on Human Resources, the yeas were 1, nays 33, and the committee substitute was lost.

Senators Greene of the 26th and Howard of the 42nd offered the following substitute to SB 145:

A BILL
To be entitled an Act to amend Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institu tions, so as to provide that the Department of Human Resouces may ac cept the certification or accreditation of an institution by certain bodies as evidence of compliance with departmental requirements; to provide that an additional inspection of such certified and accredited institutions by the Department of Human Resouces may not be required before a permit is issued or renewed; to provide for departmental inspections, revocation, and refusal to issue or renew permits under certain condi tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 88-1905 to read as follows:
"88-1905. Permits to operate required; application; issue, (a) Any person or persons responsible for the operation of any institution as defined or classified pursuant to this Chapter, or who may hereafter propose to establish and operate such an institution, shall submit an application to the Department of Human Resources for a permit to operate said institution, such application to be made on forms prescribed by the Department of Human Resources. No institution shall be operated in Georgia without such a permit, which shall be displayed in a conspicuous place within the building. Failure or

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refusal to file an application for a permit as required herein shall con stitute a violation of this Chapter and shall be dealt with as provided for in Chapter 88-3 of this Title. Following inspection and classifica tion of the institution for which a permit is applied, the Department of Human Resouces may issue a permit or a provisional permit, or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the Department of Human Resources.
(b) The Department of Human Resources may accept the certifica tion or accreditation of an institution by the Joint Commission on Ac creditation of Hospitals, the American Osteopathy Association, or other accreditation body in accordance with specific standards, as evidence of that institution's compliance with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit prior to the issuance or renewal of such permits. The Department of Human Resources may not require an ad ditional departmental inspection of any institution whose certification or accreditation has been accepted by said Department, except to the extent that such specific standards are less rigorous or less com prehensive than departmental requirements. Provided, however, that nothing contained herein shall prohibit departmental inspections for violations of said standards or requirements, or the revocation of or refusal to issue or renew permits as authorized by Section 88-1906 of this Chapter, or for violation of any other applicable law or regulation pursuant thereto."

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

On the adoption of the substitute to SB 145 offered by Senators Greene of the 26th and Howard of the 42nd, 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 by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bowen
Brannon Brantley

Broun of 46th Brown of 47th Bryant Coleman Coverdell
Deal Dean

Eldridge English Engram Evans Fincher of 52nd
Foster Garner

Gillis Greene
Hill Horton Howard Kennedy
Kidd Land Lester

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319

Littlefield McGill
McKenzie Reynolds Robinson Scott
Stephens Sutton

Tate Thompson
Timmons Trulock Turner Tysinger
Walker Wessels

Those voting in the negative were Senators Fincher of 54th and Stumbaugh.

Those not voting were Senators:

Allgood (excused) Bond Cobb

Holloway (excused) Hudgins Hudson

Starr Summers

On the passage of the bill, the yeas were 46, nays 2.

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

SB 152. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act relating to licensing of grain dealers, as amended, so as to change the amount and method of calculating the bond coverage required of grain dealers; to authorize the Commissioner of Agriculture to publish the names and locations of licensed grain dealers and those operations who buy grain for cash.

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

On the 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 Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 52nd

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Fincher of 54th Foster
Garner Gillis Greene Hill Horton Howard Hudson Kennedy
Kidd

Land Lester
Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens

Those not voting were Senators:

Bond Holloway (excused)

Hudgins

Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Summers

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

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

SB 154. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act known as the "Georgia State Warehouse Act," as amended, so as to increase the minimum required bond.

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

On the 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 Bowen Brannon
Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean
Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

Horton Hudson Kennedy
Kidd Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr

TUESDAY, FEBRUARY 10, 1981

321

Stephens Stumbaugh Sutton Tate

Thompson Timmons Trulock Turner

Those not voting were Senators:

Bond Hill

Holloway (excused) Howard

Tysinger Walker Wessels
Hudgins Summers

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

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

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

SR 7. By Senators Greene of the 26th and Eldridge of the 7th: A resolution creating the Services for the Aged 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy
Kidd Land

Lester Littlefield McGill Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner
Tysinger Wessels

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Those not voting were Senators:

Bond Holloway (excused) Hudgins

McKenzie Starr

Summers Walker

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 19. By Senators Hudgins of the 15th, Bell of the 5th, Kennedy of the 4th and others: A resolution honoring the late Grady Lee Dickey and naming the Grady Lee Dickey Regional Youth Development Center.
Senator Bell of the 5th moved that SR 19 be postponed until February 11.
On the motion, the yeas were 33, nays 0; the motion prevailet and SR 19 was postponed until February 11.
SR 26. By Senator Howard of the 42nd: A resolution creating a Senate Primary Health Care Study Committee.
Senator Howard of the 42nd moved that SR 26 be committed to the Committee on Human Resources.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 26 was committed to the Committee on Human Resources.
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 32. By Representatives Beck of the 148th and Ham of the 80th: A bill to amend Code Chapter 91A-11, relating to property which is ex empt from taxation, so as to provide the manner for returning and claim ing homestead exemptions which are created by Constitutional amend ments which are not general amendments. Senate Sponsor: Senator Turner of the 8th.

TUESDAY, FEBRUARY 10, 1981

323

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to HB 32:
A BILL
To be entitled an Act to amend Code Chapter 91A-11, relating to property which is exempt from taxation, as amended, so as to provide the manner for returning and claiming homestead exemptions which are created by constitutional amendments which are not general amend ments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 91A-11, relating to property which is ex empt from taxation, as amended, is hereby amended by adding a new Code Section 91 A-l 118 to read as follows:
"91A-1118. Local homestead exemptions, (a) This Code section shall govern the procedure for returning and claiming homestead ex emptions which are created by constitutional amendments which are not general amendments. If, however, such a constitutional amend ment or any local law in aid of such a constitutional amendment con tains provisions which are in conflict with this Code section, then such other provisions shall prevail over the provisions of this Code section.
(b)(l) If the exemption is from county or county school taxes, it shall be claimed and returned as provided in Code Sections 91A-1111 through 91 A-l 114.
(2) If the exemption is from municipal or independent school district taxes, it shall be claimed and returned as provided in Code Sections 91A-1111, 91A-1112, and 91A-1114, except that any reference to the tax commissioner or receiver shall be deemed to refer to the municipal governing authority or its designee. Determination of eligibility of the applicant to claim the exemption shall be by the municipal governing authority subject to appeal to the superior court. Any such appeal must be filed within 30 days after the final deter mination by the municipal governing authority and shall be a de novo proceeding.
(3) In addition to the provisions required by Code Section 91A1112, the application may provide where necessary for an affidavit as to the age of the owner, the income of the owner and of each member of his family residing on the homestead, and such other information as may be necessary to determine eligibility of the owner for the ex emption. The Commissioner shall not be required to furnish specializ ed forms required by the provisions of this Code 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.

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Bond Garner

Holloway (excused) Hudgins

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudson 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 185. By Representatives Reaves of the 147th, Irvin of the 10th, Long of the 142nd and others:
A bill to amend the "Georgia Meat Inspection Act", so as to provide for the inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling.
Senate Sponsor: Senator McGill of the 24th.

TUESDAY, FEBRUARY 10, 1981

325

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Holloway (excused)

Hudgins Hudson

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

Summers

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

HR 17. By Representatives Richardson of the 52nd, Wilson of the 19th, Hawkins of the 50th and others:
A resolution urging the Department of Human Resources to establish as a high priority primary prevention in the areas of mental illness and men tal retardation and the promotion of mental health.
Senate Sponsor: Senator Howard of the 42nd.

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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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bond Holloway (excused)

Howard Hudgins

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 51, nays 0.

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

The following general resolution, having been read the third time on January 23 and postponed until February 9, defeated on February 9 and reconsidered previously today, was put upon its adoption:

SR 24. By Senators Robinson of the 27th, Barker of the 18th, Stumbaugh of the 55th and others:
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, prac tices 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.

Senator Robinson of the 27th moved that SR 24 be committed to the Committee on Governmental Operations.

TUESDAY, FEBRUARY 10, 1981

327

On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 24 was committed to the Committee on Governmental Operations.
The following general bill of the Senate, having been read the third time on January 22 and postponed until February 10, was put upon its passage:

SB 123. By Senator Bell of the 5th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, as amended, so as to add two members to the board; to pro vide for qualifications and appointment of members; to provide for terms; to provide for vacancies; to change certain vote requirements.

Senator Bell of the 5th moved that SB 123 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 34, nays 7; the motion prevailed, and SB 123 was committed to the Committee on Governmental Operations.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 33. By Senators Howard of the 42nd, Broun of the 46th and Evans of the 37th:
A resolution creating a Senate Medicaid Reimbursement Study Commit tee.

Senators Howard of the 42nd, Broun of the 46th and Starr of the 44th offered the following amendment:

Amend SR 33 by adding after the period on line 17 of Page 3 the following:
"The committee is further authorized to employ and compensate one staff person with training and experience in accounting, auditing, or financial matters to assist the committee in its investigations."

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Lester

Those not voting were Senators:

Bond Holloway (excused) Hudgins

Hudson Land Starr

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Summers Tysinger

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 Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:15 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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329

Senate Chamber, Atlanta, Georgia Wednesday, February 11,1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 385. By Representative Ralston of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to provide for the election and term of the school superintendent of Gordon County.

HB 124. 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 surviving spouses or former spouses.

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.

HB 40. By Representatives Jackson of the 9th, Jessup of the 117th, Coleman of the 118th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exclude certain vehicles 15 or more years old from the operation of the Act.

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HB 139. By Representatives Robinson of the 58th, Felton of the 22nd, Logan of the 62nd and others:
A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act", so as to prohibit certain activities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose.

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.

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

SB 291. By Senators Stephens of the 36th, Howard of the 42nd and Hudson of the 35th:
A bill to create the State Board of Examiners of Power Engineers; to pro vide for a short title; to define certain terms; to provide for the appoint ment of members of the board and their terms, qualifications, compensa tion and removal; to provide for meetings and quorums; to provide for a joint-secretary of said board.
Referred to Committee on Governmental Operations.

SB 292. By Senators Foster of the 50th and Brown of the 47th:
A bill to add one additional judge of the superior court for the Mountain Judicial Circuit; to provide for the appointment of the first such addi tional 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.
Referred to Committee on Judiciary.

SB 293. By Senators Foster of the 50th, Thompson of the 32nd and Barnes of the 33rd:
A bill to authorize and direct the state revenue commissioner to issue special motor vehicle license tags to active civil defense staff and rescue personnel of civil defense organizations; to provide for the procedures connected therewith; to provide for penalties.
Referred to Committee on Defense and Veterans Affairs.

SB 294. By Senators Coleman of the 1 st and Wessels of the 2nd:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to provide that the maximum gross

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weight for a vehicle on a public street of a municipality shall be limited to 56,000 pounds unless the vehicle is making a pickup or delivery on that street.
Referred to Committee on Transportation.

SB 295. By Senator Starr of the 44th:
A bill to amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to qualifications of constables; to change the provisions relating to acting as constable after removal from district.
Referred to Committee on Judiciary.

SB 296. By Senator Starr of the 44th:
A bill to amend Code Section 24A-401, relating to definitions under the Juvenile Court Code of Georgia, as amended, so as to change the defini tion of the term ' 'unruly child''.
Referred to Committee on Special Judiciary.

SB 297. By Senators Allgood of the 22nd and Brannon of the 51st:
A bill to amend Code Section 88-108, relating to the duties, functions, and powers of the Department of Human Resources, as amended, so as to add a provision to clearly authorize the renting of certain facilities such as housing or other units fit for occupancy.
Referred to Committee on Human Resources.

SB 298. By Senator Stumbaugh of the 55th:
A bill to protect the citizens of this state through the regulation of private detectives, persons engaged in the private security business, polygraph examiners, and voice stress examiners; to provide a short title, to declare a purpose; to define certain terms; to establish the Georgia Board of Private Detective and Security Agencies.
Referred to Committee on Judiciary.

SR 68. By Senator Foster of the 50th:
A resolution to encourage development of alternative learning centers for those communities who see a need. Referred to Committee on Education.

SR 70. By Senators Sutton of the 9th, Trulock of the 10th, Evans of the 37th and others:
A resolution creating the Senate Electric Utility Holding Company Study Committee. Referred to Committee on Public Utilities.

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SR 71. By Senators Reynolds of the 48th, Gillis of the 20th and Broun of the 46th:
A resolution creating the Duplication of State Services Study Committee. Referred to Committee on Appropriations.

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

HB 40. By Representatives Jackson of the 9th, Jessup of the 117th, Coleman of the 118th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exclude certain vehicles 15 or more years old from the operation of the Act.
Referred to Committee on Transportation.

HB 124. 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 surviving spouses or former spouses.
Referred to Committee on Banking, Finance and Insurance.

HB 139. By Representatives Robinson of the 58th, Felton of the 22nd, Logan of the 62nd and others:
A bill to amend Code Chapter 79A-8, the ' 'Georgia Controlled Substances Act", so as to prohibit certain activities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose.
Referred to Committee on Special Judiciary.

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74- 111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.
Referred to Committee on Human Resources.

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.
Referred to Committee on Appropriations.

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333

HB 385. By Representative Ralston of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to provide for the election and term of the school superintendent of Gordon County.
Referred to Committee on County and Urban Affairs.

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

Mr. President:

Your Committee on Agriculture 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 263. Do pass. HR 103. Do pass.

Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion 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 133. Do pass as amended: SR 50. Do pass as amended.

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

Mr. President:

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

SB 32. Do pass by substitute.

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HB 72. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

Your Committee on County and Urban Affairs 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 51. Do pass as amended.

Respectfully submitted, Senator Dean of the 31st 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:

SB 31. SB 56. SB 57. SB 74. SB 91. SB 216. SR 15. HB 17.

Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

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

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335

SB 1. By Senators Turner of the 8th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.

SB 4. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their election, to compensa tion, terms of office and appointment; to provide for seminars; to provide for qualifications of Referees.

SB 30. By Senators Thompson of the 32nd, Dean of the 31st, Fincher of the 52nd and others:
A bill to amend Code Section 24A-401, providing for definitions to be used in the Juvenile Court Code of Georgia, as amended, so as to provide that failure to appear and answer certain citations shall constitute a delinquent act; to amend Code Section 58-612.1, changing the legal age at which persons can purchase or possess alcoholic beverages.

SB 33. By Senator Kidd of the 25th:
A bill to amend Code Section 45-213, relating to compliance to laws and regulations relating to hunting or fishing areas, as amended, so as to change the penalty provisions; to provide an effective date.

SB 47. By Senator Barnes of the 33rd:
A bill to amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation so as to repeal the provi sions relating to suits against the State Division of Conservation or any of the departments thereunder and the laws relating thereto.

SB 52. By Senator Barnes of the 33rd:
A bill to amend Code Section 95A-601, relating to the right to acquire property for public road and other transportation purposes, so as to change the maximum period of time within which property may be ac quired for future public transportation purposes.

SB 61. By Senator Fincher of the 54th:
A bill to amend Code Section 32-903.1, relating to certain persons not be ing eligible to serve on county boards of education, so as to change cer tain school board member eligibility requirements for employees of that board; to provide for applicability; to provide an effective date.

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SB 69. By Senator Coverdell of the 40th:
A bill to amend Code Title 105, relating to torts, as amended, so as to pro vide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care.

SB 85. By Senator Hudgins of the 15th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act," as amended, so as to change the time price dif ferential on revolving accounts.

SB 86. By Senator Hudgins of the 15th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act," as amended, so as to change the time price dif ferential on retail installment contracts; to provide for certain editorial changes.

SB 96. By Senators Thompson of the 32nd and Turner of the 8th:
A bill to amend Code Chapter 26-16, relating to burglary and related offenses, as amended, so as to prohibit the possession of certain precious metals melting equipment; to provide for presumptions; to provide for penalties.

SB 100. By Senators Gillis of the 20th, English of the21stand Walker of the 19th:
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, as amended, so as to delete the provi sion which requires the proceeds derived from the sale of seeds to be paid into the general fund to the State.

SB 101. By Senators Gillis of the 20th, English of the21stand Walker of the 19th:
A bill to amend an Act requiring notice before burning any woods, lands, or marshes and providing for other matters relative to the foregoing so as to delete the requirement that such requirement shall only apply in those counties which recommend such notice.

SB 116. By Senator Trulock of the 10th:
A bill to amend an Act known as the "Postsecondary Educational Authorization Act of 1978" so as to change the provisions relating to ex emptions from the provisions of the Act; to provide an effective date.

SB 119. By Senators Littlefield of the 6th and Barnes of the 33rd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence in general, so as to provide that when evidence of the character of a per-

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son is admissible in a civil or criminal action, the testimony of the witness may include the personal knowledge and belief of the witness as to the person's character as well as the witness's knowledge of the general character and reputation of the person.

SB 121. By Senator Hudson of the 35th:
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 prosecuting attorney and to make other changes relative to such demands for trial.

SB 122. By Senator Hudson of the 35th:
A bill to repeal in its entirety Code Section 26-2105, relating to engaging in conduct constituting public indecency during the course of a play, night club act, motion picture, television production, or other exhibition or mechanical reproduction of human conduct and counseling persons to participate in such conduct.

SB 142. 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 o"gthaesr".facilities, as amended, so as to change the definition of the term

SB 159. 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 201. By Senators Hudgins of the 15th, Eldridge of the 7th, Littlefield of the 6th and others:
A bill to provide for law enforcement officers' procedural due process; to provide a short title; to provide for applicability; to provide for specific rights of law enforcement officers; to provide for investigations; to pro vide for hearings before punitive actions; to provide for severability.
SB 202. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation," as amended, so as to provide that all counties in the state shall notify the Georgia Department of Transportation when a road or street is abandoned or added to the road system of the county.

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SB 203. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Chapter 95A-9, relating to the regulation of public roads, as amended, so as to authorize the issuance of trimming permits for the trimming of vegetation obscuring the visibility of signs; to provide procedures and requirements in connection therewith.

SB 242. By Senators Reynolds of the 48th, Deal of the 49th and Brown of the 47th:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to change the provisions relating to the length of certain vehicles, trailers, and loads.

HB 39. By Representatives Steinberg of the 46th, Culpepper of the 98th, Walker of the 115th and others:
A bill to amend Code Chapter 30-2, relating to alimony, so as to state fac tors which must be considered in determining whether to grant perma nent alimony.

HB 101. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code'', so as to redefine the term "public sale".

HB 103. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation, so as to repeal the provi sions relating to suits against the State Division of Conservation or any of the departments thereunder and the laws relating thereto.

HB 104. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", so as to provide that the director of the Georgia Forestry Commis sion, rather than the commissioner of Natural Resources or his designated representative, shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.

HB 195. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase bonded license agents' fees; to increase cash license agents'

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fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the com bination license fee; to increase freshwater fishing license fees.
HB 196. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend the Georgia Boat Safety Act, so as to provide for a revi sion to the boating registration license fees; to revise the boating registra tion transfer fee.

HR 42. By Representatives Jones of the 126th, Triplett of the 128th, Ginsberg of the 122nd and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Harbert Corpora tion and Elk River Resources, Inc., both authorized to do business in Georgia, their successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State, situate in the Savannah River, Chatham County, Georgia.

SR 18. By Senator Kidd of the 25th:
A resolution to designate the Dames Ferry Bridge; to repeal a specific resolution.

SR 29. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

SR 31. By Senator Brown of the 47th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey to the United States Government certain tracts and parcels of State-owned property; to provide an effec tive date.

SR 38. By Senator Hudson of the 35th:
A resolution proposing an amendment to Article IX of the Constitution so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to certain municipalities located wholly or partially within Fulton County which have a population of not more than 5,000 according to the last or any future federal decennial cen sus for the conduct of recreational programs and activities in such municipalities; to provide for the submission of this amendment for ratification or rejection.

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SB 196. By Senator Bond of the 39th:
A bill to provide that in all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be em powered by ordinance or resolution to assess against abutting property the cost of repairing any public way and cleaning up from any public way any debris or material resulting from private construction activities.

SB 197. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law," as amended, so as to change the membership of the authority in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census.

SB 204. By Senator Brantley of the 56th:
A bill to provide that in all counties of this State having a population of 550,000 or more according to the 1970 United States decennial census or any future such census, any employee responsible for inspection and en forcement of regulatory codes, ordinances, regulations, rules, and orders shall have authority to issue citations to persons who violate any such codes, ordinances, regulations, rules, and orders.

SB 205. By Senator Brantley of the 56th:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that in certain counties all funds collected under the authority of said Act shall be paid into the general treasury of such county to be used for lawful county purposes.

SB 231. By Senator Kidd of the 25th:
A bill to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for compensa tion of the members of the board in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any future such census.

SB 232. 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 com pensation and travel expenses of members of the board; to provide an ef fective date.

SB 241. By Senator Brannon of the 51 st:
A bill to abolish the Board of Commissioners of Gordon County and re create the office of commissioner of Gordon County as the governing authority thereof; to provide for a referendum; to repeal specifically cer tain Acts; to provide for effective dates.

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HB 198. By Representative Bray of the 70th:
A bill to amend an Act changing the compensation of the members of the board of county commissioners of Talbot County, so as to change the compensation of the members of the board of county commissioners of Talbot County.

HB 216. By Representative Cox of the 141st: A bill to create the Downtown Bainbridge Development Authority.

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 209. By Senator Coverdell of the 40th:
A bill to amend an Act creating a State Court of Fulton County, as amend ed, creating for said state court the Office of Magistrate, so as to provide that deputy marshals shall be bailiffs for the magistrates of said court.

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

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

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

SB 210. By Senator Coverdell of the 40th:
A bill to amend an Act creating a Civil Service Board in Fulton County, as amended, so as to provide for the position of law clerk for the Superior, State or Juvenile Court of Fulton County.

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

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

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

SB 211. By Senator Coverdell of the 40th:
A bill to amend an Act establishing a municipal court of the City of Atlan ta, (now a division of the State Court of Fulton County), as amended, so as to change the cost deposit requirements and the costs charged by the clerk and marshal of the court.

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

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

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

SB 214. By Senator Coverdell of the 40th:
A bill to amend an Act creating a State Court of Fulton County by con solidating the Criminal Court of Fulton County and the Civil Court of Fulton County, as amended, so as to provide that the duties and respon sibilities of the chief clerk shall also include those of administrator for said court.

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

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

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

SB 218. By Senator Timmons of the llth:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825 and not more than 6,925, according to the United States Decennial Census of 1960, or any future such census;", 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 52, nays 0.

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

HB 57. By Representative Wall of the 61 st:
A bill to amend an Act creating a new charter for the city of Dacula, so as to provide that the city council may override the mayor's veto of the council.

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

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

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

HB 150. By Representative Hutchinson of the 133rd: A bill to create and establish a Small Claims Court of Lee 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 189. By Representatives Clark, Milford and Mann of the 13th and Lambert of the 112th:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the compensation of the mayor and councilmembers.

The report 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 261. By Representatives Hooks of the 116th and Castleberry of the 111 th:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the compensation of the sheriff.

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

On the passage of the bill, the yeas were 52, 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 Barker Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Barnes Broun of 46th Coverdell

Eldridge Evans Holloway (excused) Horton

Hudgins Robinson Tate

Senator Summers of the 53rd introduced the chaplain of the day, Dr. Mike Cordele, pastor of the First United Methodist Church, Lafayette, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 69. By Senators Foster of the 50th, Wessels of the 2nd and Coleman of the 1st:
A resolution commending Esther Shearouse Pruett.

SENATE CALENDAR Wednesday, February 11, 1981 FIFTEENTH LEGISLATIVE DAY

SR 19. Grady Lee Dickey Regional Youth Development Center--naming (Hum R-15th)
SB 36. Revenue Bond Law--remove maximum interest rate on revenue bonds (SUBSTITUTE) (AMENDMENT) (BF&I-33rd)

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SB 65. Delinquent Taxpayers--publication of names (SUBSTITUTE) (BF&I-50th)
SB 79. Domestic Violence--procedures for prevention (SUBSTITUTE) (Judy-33rd)
SB 82. Motor Vehicle Theft-punishment (AMENDMENT) (Pub Saf-28th)
SB 83. Dangerous Incidents Involving Compressed Gases--immunity for assistance (Judy--28th)
SB 99. Local Civil Defense Organizations--partial state funding (D&VA--35th)
SB 118. Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders-create (SUBSTITUTE) (Pub Saf-28th)
SB 160. Pataula Judicial Circuit--additional judge of superior court (Judy-- 11th)
SB 207. Motor Vehicle Insurance--minimum coverage required (SUBSTITUTE) (BF&I-46th)
SB 208. Auto Liability Policy--limits for injury to property of others (SUBSTITUTE) (BF&I-46th)
SR 17. Joint Driver Improvement Clinic Study Committee--create (Pub Saf-25th)
HB 59. Abandoned Motor Vehicle Removal--vehicles on private property (Pub Saf-28th)
HB 132. Motor Vehicle Certificate of Title Records--not for public inspection (Pub Saf-28th)
HB 208. Prisoner of War Veterans--free auto tags (AMENDMENT) (D&VA-26th)

The following general resolution, having been read the third time on February 10 and postponed until February 11, was put upon its adoption:

SR 19. By Senators Hudgins of the 15th, Bell of the 5th, Kennedy of the 4th and others:
A resolution honoring the late Grady Lee Dickey and naming the Grady Lee Dickey Regional Youth Development Center.

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 Bond Bowen

Brannon Broun of 46th Brown of 47th

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Bryant Cobb Coleman
Deal Dean Eldridge English Engram Evans Fincherof52nd Fincher of 54th Foster Garner

Gillis Greene Hill
Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Those not voting were Senators:

Bell Brantley Coverdell Holloway (excused)

Howard Land Stephens

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

On the adoption of the resolution, the yeas were 46, nays 0.

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

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

SB 65. By Senators Foster of the 50th, Lester of the 23rd and Turner of the 8th:
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 State, county, school, and municipal taxpayers; to authorize the State Revenue Commissioner to adopt certain rules; to pro vide for other matters relative to the foregoing.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 65:

A BILL
To be entitled an Act to amend Code Chapter 91A-13, relating to county tax officials and administrative provisions, so as to require the publication of the names of certain delinquent State, county, school, and municipal taxpayers; to authorize the State Revenue Commissioner to adopt certain rules; to provide for other matters relative to the foregoing; 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 91A-13, relating to county tax officials and administrative 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:
"91A-1361.2. Advertisement of tangible property with delinquent taxes, (a) On or before May 1 in each year, the tax collector or tax com missioner in each county shall advertise a list of those tangible proper ty taxpayers whose State, county, school, or municipal taxes in the county on tangible property other than motor vehicles have been delinquent for one year or more. The advertisement shall state the name of the taxpayer as it appears on the tax return and 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 published in a newspaper of general circulation in the county, to be determined by the county governing authority in the case of State, county, and school taxes and by the municipal governing authority in the case of municipal taxes.
(b) In the event county taxes become due, as provided by law, after December 20 for any tax year, the advertisement required by this Section shall be published 12 months following the tax due date or May 1, whichever comes last.
(c) The advertisement required by this Section shall not include the name of a taxpayer for delinquent taxes owed with respect to par ticular property when:
(1) The liability for or amount of the taxes on that property is be ing litigated or is under review by the county board of equalization or by a lawfully constituted board of arbitration.
(2) The lien for taxes owed by that taxpayer on that property is no longer enforceable.
(d) (1) The Commissioner may provide by rule or regulation for the determination of an amount representing the pro rata cost of preparation and advertisement of a taxpayer's name pursuant to this Section. Such rules and regulations may classify cost by county population to recognize cost differentials between counties.
(2) The provisions of this Section shall not be construed to require advertisement of the name of a taxpayer having a principal amount of delinquent tax liability equal to or less than $ 10.
(e) The costs of advertisements published pursuant to this Section for State, county, and school taxes shall be paid from county funds and for municipal taxes (including taxes levied for the benefit of an in dependent school system) from municipal funds. The proportionate cost of the advertisements shall be added to the delinquent taxes when they are collected."

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

On the adoption of the substitute, the yeas were 36, nays 0, and the 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Hudson Kennedy Kidd Lester McGill

Those voting in the negative were Senators:

Eldridge

Hill

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Wessels
Littlefield

Those not voting were Senators:

Bell Brantley Coverdell Evans

Holloway (excused) Howard Hudgins Land

On the passage of the bill, the yeas were 42, nays 3.

Stephens Tysinger Walker

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

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349

SB 82. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to amend Code Chapter 26-18 of the Criminal Code of Georgia, relating to theft offenses, as amended, so as to change the penalty provi sions relating to certain crimes of theft; to provide the punishment for the offense of motor vehicle theft and related offenses.

The Senate Committee on Public Safety offered the following amendment:

Amend SB 82 by striking on Page 3, lines 4 through 14 and inserting in lieu thereof the following:
"one nor more than 20 years, or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who shall be convicted of a second offense under this subsection shall be punished by imprisonment in the penitentiary for not less than three years nor more than twenty years, no portion of which may be suspended, probated, deferred, or withheld; and any person who shall be convicted of a third offense under this subsection shall be punished by imprisonment in the penitentiary for not less than ten years nor more than 20 years, no portion of which may be sus pended."

On the adoption of the amendment, the yeas were 32, nays 1, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh
Summers Sutton Thompson Timmons Trulock Turner Walker Wessels

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Those voting in the negative were Senators:

Bond

Evans

Tate

Those not voting were Senators:

Bell Coverdell

Holloway (excused) Howard

Land Tysinger

On the passage of the bill, the yeas were 47, nays 3.

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

SB 99. By Senator Hudson of the 35th:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951," as amended, so as to provide for partial state funding of local civil defense organizations.

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

On the passaage 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

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351

Those not voting were Senators:

Bell
Cobb Coverdell

Holloway (excused) Land

McKenzie Thompson

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

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

SB 118. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to create a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide a short title; to provide for the membership of said board and the appointments thereto; to provide that the joint-secretary of the state examining boards shall be secretary of the board and to provide for his powers and duties.

Senator Cobb of the 28th moved that SB 118 be postponed until February 20.

On the motion, the yeas were 41, nays 1; the motion prevailed, and SB 118 was postponed until February 20.

SB 160. By Senator Timmons of the 11th:
A bill to add one additional judge of the superior court for the Pataula Judicial Circuit; to provide for the appointment of the first such addi tional 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.

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

On the 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 Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

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Hill Horton Howard Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton

Those not voting were Senators:

Holloway (excused)

Hudgins

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudson

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 207. By Senator Broun of the 46th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," as amended, so as to change the provisions relative to the minimum insurance coverage required for motor vehicles.
The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 207:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, so as to change the provisions relative to the minimum insurance coverage required for motor vehicles; to change the provisions relative to the correlation of benefits so as to reduce benefits payable under said Act by similar benefits received under any workers' compensation law; to change the provisions relative to proof of insurance so as to require that such proof be presented when the applica tion for a vehicle license is made; to provide a penalty for failure to com ply; to require law enforcement officers to request proof of insurance under certain conditions; to provide for applicability; to repeal conflic ting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Motor Vehicle Reparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

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"Section 3. Minimum insurance coverage; motor vehicles. No owner of a motor vehicle required to be registered in this State, or any other person, other than a self-insurer as defined in this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing the follow ing minimum coverage:
(a) motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State;
(b) compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of five thousand dollars ($5,000) per insured injured person for:
(1) all necessary medical expenses arising from a motor vehicle ac cident including necessary medicine, drugs, surgical, dental, X-ray and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services, all as pre scribed, authorized, approved or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recogniz ed religious healing method; and
(2) loss of income or earnings during disability; and
(3) expenses, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have per formed, not for income but for the benefit of his or her household; and
(4) funeral services and burial expenses not to exceed $2,000 per person.
In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under paragraph 3(b)(2) and 3(b)(3) above shall be payable after such death as though the deceased were alive but totally disabled, such payment to be made to the spouse, if alive, otherwise to the child or children or the person having legal custody of any child or children, for use of such spouse or children as though awarded a year's support for the spouse or children, or both. Survivor's benefits shall be payable until exhausted, at least monthly.
The total benefits required to be paid under this section without regard to fault as the result of any one accident shall not exceed the sum of five thousand dollars ($5,000) per each individual covered as an injured person or such greater amount of coverage as has been pur chased on an optional basis as provided elsewhere in this Act, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage."
Section 2. Said Act is further amended by striking Section 9 in its en tirety and inserting in lieu thereof a new Section 9 to read as follows:

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"Section 9. Correlation of benefits, (a) In those instances where the benefits payable under this Act have also been provided under any workers' compensation law, the benefits payable without regard to fault under this Act for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(b) In those instances where the benefits payable under this Act have also been provided under any workers' compensation law, the benefits payable without regard to fault under this Act for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law.
(c) Medical payment benefits, uninsured motorists benefits payable under coverages in motor vehicle insurance policies, or any other disability, wage loss, or hospitalization benefits, except those provided under any workers' compensation law, shall be excess over any benefits payable under this Act."
Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. Proof of insurance. (a)(l) From and after July 1, 1977, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished proof in the form hereinafter provided by the licensing authorities that there is in effect the minimum insurance coverage required by this Act, or that there is in effect an approved self-insurance plan.
(2) Proof of minimum insurance coverage, including, but not limited to, documents indicating the name of the insurance carrier, the number of the policy, the effective and expiration dates of the policy, and the manner of payment for said coverage shall be presented at the time of application for a vehicle license and verified by the licensing authority prior to the issuance of said license. In the case of coverage in the form of an approved self-insurance plan, a sworn affidavit of self-insurance shall be sufficient proof of coverage under this Section. Should the application for a vehicle license be mailed rather than submitted by the applicant in person, the appli cant's proof of minimum insurance coverage shall be attached to the application and mailed with said application.
(3)(A) Any person knowingly submitting false information under this subsection shall be guilty of a misdemeanor and upon conviction therefor shall be subject to a fine of not more than $1,000.00 or im prisonment for not more than 90 days.
(B) Any person knowingly submitting false information under this subsection for a second or subsequent time shall be guilty of a misde meanor and upon conviction thereof shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days; and, upon receipt of notification of such conviction, the Department of

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Public Safety shall suspend the motor vehicle operator's license and the motor vehicle license tag issued to such motor vehicle for a period of one year and thereafter until proof of compliance with the provi sions of this subsection has been filed and a restoration fee of $25.00 has been paid to the Department.
(b) An insurer, within five days of a permitted cancellation of minimum insurance coverage, shall notify the Department of Public Safety in writing of such cancellation. In cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notice to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation. Upon receipt of such notice from the Department of Public Safety, it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public Safety, to notify the Department as to whether he has obtained the minimum coverage required by this Act, indicating the insurance company with which any coverage has been obtained and the policy number or binder number and the certificate required by the Department of Public Safety. Such information shall be furnished to the Department of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such additional information as may be required by the Department of Public Safety. If such information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained, the Depart ment shall suspend the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle, and the Department shall notify the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag issued to such vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with the provisions of this Act, the Commissioner shall return any operator's license and motor vehicle license tag suspended under the provisions of this section to the owner of such motor vehicle; provided, however, that in cases where the operator's license and motor vehicle license tag is suspended, the owner shall be required to submit proof of compliance with the provi sions of this Act and the payment of a $10.00 restoration fee to the Department in order to receive his operator's license and motor vehi cle license tag; provided, further, that in cases where the operator's license and motor vehicle license tag have been suspended under this subsection for a second or subsequent time during any two-year period, the Department shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days, and thereafter until the owner submits proof of compliance with the pro visions of this Act and the payment of a $25.00 restoration fee to the Department.
(c) Similarly, in cases in which a person is convicted of knowingly operating, or knowingly authorizing another to operate, a motor vehi cle without effective insurance thereon or without an approved plan of self-insurance as required by the 'Georgia Motor Vehicle Accident Reparations Act,' upon receipt of notification of such conviction the Department of Public Safety shall suspend for a period of 60 days the motor vehicle operator's license, and in the case of the owner, the

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license tag for each vehicle involved, and shall not thereafter reinstate such person's operator's license and license tag until such time as proof of compliance with the provisions of this Act has been filed. If the Department does not have such person's operator's license and license tag, the Department shall notify the person to forward his motor vehicle operator's license, and if he is the owner of the motor vehicle, the license tag for each vehicle involved to the Department of Public Safety. It shall be the duty of the person convicted, on such forms provided by the Department, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained, the policy or binder number, the cer tificate required by the Department of Public Safety, and such addi tional information as may be required by the Department. Upon satisfactory proof of compliance with the provisions of this Act and after the 60-day suspension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the Department, the Commissioner shall return the operator's license and license tag suspended under the provisions of this section to the owner or operator of such motor vehicle.
(d)(l) The Department, upon suspending the motor vehicle operator's license or motor vehicle license tag as provided for in this Act, shall require that such license and tag be surrendered to the Department immediately following the effective date of suspension, and it is the duty of any owner or operator, immediately upon receipt of notice from the Department, to forward the operator's license and license tag to the Department.
(2) If such motor vehicle operator's license or motor vehicle license tag is not received by the Department of Public Safety within ten days following the effective date of suspension, the Commissioner of the Department of Public Safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such license or tag and return the same to the Commissioner.
(3) Unless otherwise provided in this section, notice of the effec tive date of suspension shall occur when the driver received actual knowledge or legal notice thereof, whichever occurs first. For the pur poses of making any determination under this Act relating to the return of a suspended motor vehicle operator's license or motor vehi cle license tag, no period of suspension under this Act shall begin until the license and tag are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this Act, whichever date shall first occur. If the motor vehicle operator's license or motor vehicle license tag is lost or for any other reason sur render to the Department is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such im possibility is received by the Department.
(4) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle operator's license or motor vehicle license tag.

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(5) Any person violating the provisions of this subsection (d)(l) shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days.
(e) For the purposes of this section, where any provision of this section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as required by this section shall be presumptive evidence that such per son received the required notice.
(f)(l) The owner of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this Act in such vehicle at all times during its operation.
(2) Every law enforcement officer shall request the operator of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this Act at any time said law enforcement officer stops such vehicle for any lawful reason."
Section 4. The provisions of this Act shall apply to all motor vehicle accidents and injuries arising therefrom occurring on or after July 1, 1981.
Section 5. 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 207 offered by the Senate Committee on Banking, Finance and Insurance by striking Section 2 of said Act and by renumbering Section 3 as Section 2, Section 4 as Section 3 and Section 5 as Section 4.

On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 37, nays 0, and the amendment to the committee substitute was adopted.

Senator Sutton of the 9th offered the following substitute to SB 207:

A BILL
To be entitled an Act to amend an Act known as the "Georgia Motor Vehicle Accident Raparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, so as to change the provisions relative to the minimum insurance coverage required for motor vehicles; to change the provisions relative to the correlation of benefits so as to reduce benefits payable under said Act by similar benefits received under any workers' compensation law; to change the provisions relative to proof of

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insurance; to define certain terms; to provide for certificates of in surance; to provide the duties of insurers and owners of motor vehicles relative to certificates of insurance; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Motor Vehicle Reparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Minimum insurance coverage; motor vehicles. No owner of a motor vehicle required to be registered in this State, or any other person, other than a self-insurer as defined in this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing the follow ing minimum coverage:
(a) motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State;
(b) compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of five thousand dollars ($5,000) per insured injured person for:
(1) all necessary medical expenses arising from a motor vehicle ac cident including necessary medicine, drugs, surgical, dental, X-ray and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services, all as pre scribed, authorized, approved or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recogniz ed religious healing method; and
(2) loss of income or earnings during disability; and
(3) expenses, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have per formed, not for income but the benefit of his or her household; and
(4) funeral services and burial expenses not to exceed $2,000 per person.
In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under paragraph 3(b) (2) and 3(b) (3) above shall be payable after such death as though the deceased were alive but totally disabled, such payment to be made to the spouse, if alive, otherwise to the child or children or the person having legal custody of any child or children, for use of such spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable until exhausted, at least monthly.

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The total benefits required to be paid under this section without regard to fault as the result of any one accident shall not exceed the sum of five thousand dollars ($5,000) per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided elsewhere in this Act, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage,"
Section 2. Said Act is further amended by striking Section 9 in its en tirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. Correlation of benefits, (a) In those instances where the benefits payable under this Act have also been provided under any workers' compensation law, the benefits payable without regard to fault under this Act for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(b) In those instances where the benefits payable under this Act have also been provided under any workers' compensation law, the benefits payable without regard to fault under this Act for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law.
(c) Medical payment benefits uninsured motorists benefits payable under coverages in motor vehicle insurance policies, or any other disability, wage loss, or hospitalization benefits, except those provided under any workers' compensation law, shall be excess over any benefits payable under this Act."
Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. Proof of insurance, (a) An insurer, within five days of a permitted cancellation of minimum insurance coverage, shall notify the Department of Public Safety in writing of such cancellation. In cases in which the minimum insurance required by this Act is cancell ed by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notice to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation. Upon receipt of such notice from the Department of Public Safety, it shall be the duty of the owner of such motor vehi cle, on such form provided by the Department of Public Safety, to notify the Department as to whether he has obtained the minimum coverage required by this Act, indicating the insurance company with which any coverage has been obtained and the policy number or binder number and the certificate required by the Department of Public Safety. Such information shall be furnished to the Department of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such addi tional information as may be required by the Department of Public

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Safety. If such information is not received by the Department of Public Safety within the specified time period or if no minimum in surance coverage has been obtained, the Department shall suspend the motor vehicle operator's license of the owner and the motor vehi cle license tag issued to such motor vehicle, and the Department shall notify the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag issued to such vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with the provisions of this Act, the Commissioner shall return any operator's license and motor vehicle license tag suspended under the provisions of this section to the owner of such motor vehi cle; provided, however, that in cases where the operator's license and motor vehicle license tag is suspended, the owner shall be required to submit proof of compliance with the provisions of this Act and the payment of a $10.00 restoration fee to the Department in order to receive his operator's license and motor vehicle license tag; provided, further, that in cases where the operators's license and motor vehicle license tag have been suspended under this subsection for a second or subsequent time during any two-year period, the Department shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days, and thereafter until the owner sub mits proof of compliance with the provisions of this Act and the pay ment of a $25.00 restoration fee to the Department.
(b) Similarly, in cases in which a person is convicted of knowingly operating, or knowingly authorizing another to operate, a motor vehi cle without effective insurance thereon or without an approved plan of self-insurance as required by the 'Georgia Motor Vehicle Accident Reparations Act,' upon receipt of notification of such conviction the Department of Public Safety shall suspend for a period of 60 days the motor vehicle operator's license, and in the case of the owner, the license tag for each vehicle involved, and shall not thereafter reinstate such person's operator's license and license tag until such time as proof of compliance with the provisions of this Act has been filed. If the Department does not have such person's operator's license and license tag, the Department shall notify the person to forward his motor vehicle operator's license, and if he is the owner of the motor vehicle, the license tag for each vehicle involved to the Department of Public Safety. It shall be the duty of the person convicted, on such forms provided by the Department, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained, the policy or binder number, the cer tificate required by the Department of Public Safety, and such addi tional information as may be required by the Department. Upon satisfactory proof of compliance with the provisions of this Act and after the 60- day suspension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the Department, the Commissioner shall return the operator's license and license tag suspended under the provisions of this section to the owner or operator of such motor vehicle.
(c)jl) The Department, upon suspending the motor vehicle operator's license or motor vehicle license tag as provided for in this

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Act, shall require that such license and tag be surrendered to the Department immediately following the effective date of suspension, and it is the duty of any owner or operator, immediately upon receipt of notice from the Department, to forward the operator's license and license tag to the Department.
(2) If such motor vehicle operator's license or motor vehicle license tag is not received by the Department of Public Safety within ten days following the effective date of suspension, the Commissioner of the Department of Public Safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such license or tag and return the same to the Commissioner.
(3) Unless otherwise provided in this section, notice of the effec tive date of suspension shall occur when the driver received actual knowledge or legal notice thereof, whichever occurs first. For the pur poses of making any determination under this Act relating to the return of a suspended motor vehicle operator's license or motor vehi cle license tag, no period of suspension under this Act shall begin until the license and tag are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this Act, whichever date shall first occur. If the motor vehicle operator's license or motor vehicle license tag is lost or for any other reason sur render to the Department is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such im possibility is received by the Department.
(4) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle operator's license or motor vehicle license tag.
(5) Any person violating the provisions of this subsection (d)(l) shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days.
(d) For the purposes of this section, where any provision of this section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as required by this section shall be presumptive evidence that such per son received the required notice."
Section 4. Said Act is further amended by adding after Section 12 a new section, to be designated Section 12A, to read as follows:
"Section 12A. Certificates of insurance, (a) As used in this section:
(1) 'Commissioner' means the Commissioner of Public Safety;
(2) 'Certificate of insurance' means an official certificate of valid insurance as required by this Act and by Code Chapter 68C furnished to an insurer by the Commissioner and subsequently issued to the owner of a motor vehicle upon receipt of the payment of the premium on such coverage;

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(3) 'Insurer' means an insurance company doing business in this State or a self-insurer operating in this State, which supplies motor vehicle insurance coverage as required by the provisions of this Act or by Code Chapter 68C.
(b)(l) On and after January 1, 1982, upon application to the Com missioner, the Commissioner shall issue certificates of insurance to insurers so that insurers may carry out the provisions of this section.
(2) The Commissioner is authorized to implement any and all pro visions of this section by the promulgation of necessary rules and regulations and, when duly promulgated, such rules and regulations shall have the effect of law.
(3) The Commissioner shall be authorized to charge a fee for the issuance of said certificates of insurance which shall be sufficient to defray the costs of printing the certificates and administering the pro visions of this section.
(c) The certificate of insurance shall be displayed on the vehicle adjacent to the certificate of safety inspection issued pursuant to Code Chaper 68E and shall clearly indicate the period of time for which such vehicle has been insured, the name of the insurer, the policy number, if applicable, and such other information as the Commis sioner may require by rule or regulation.
(d)(l) Upon receipt of payment of the premium for insurance coverage required under the provisions of this Act or under Code Title 68C, the insurer shall immediately mail or deliver to the insured a validated certificate of insurance for each motor vehicle covered under the insurance policy or self-insurance plan.
(2) Upon receipt of the certificate of insurance, it shall.be the duty of the owner of the motor vehicle to affix said certificate to the motor vehicle adjacent to the certificate of safety inspection issued pursuant to Code Title 68E.
(3) Upon the expiration of the insurance coverage indicated by the certificate of insurance, or upon cancellation of such coverage for any reason, the owner of the vehicle shall remove the invalid certificate of insurance, mail or deliver said certificate to the insurer, and affix a valid certificate of insurance to the vehicle in the same manner pro vided in paragraph (2) of this subsection.
(e)(l) No person shall make, issue, or knowingly use any limita tion or counterfeit certificate of insurance.
(2) No person shall possess, display, cause, or permit to be displayed upon any motor vehicle knowing the same to be counterfeit, invalid, or issued for another vehicle.
(3) No person shall operate on any highway in this State a motor vehicle which is required to be insured under the provisions of this Act and Code Title 68C without a valid certificate of insurance being displayed on such motor vehicle.

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363

(4) Any person violating the provisions of paragraphs (1), (2), and (3) of this subsection shall be guilty of a misdemeanor and upon con viction thereof shall be subject to a fine of not more than $ 1,000.00 or imprisonment for not more than 90 days; and, upon receipt of notification of such conviction, the Department of Public Safety shall suspend the motor vehicle operator's license and the motor vehicle license tag issued to such motor vehicle for a period of 60 days and thereafter until proof of compliance with the provisions of this section has been filed and a restoration fee of $25.00 has been paid to the Department."
Section 5. 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 207 offered by Senator Sutton of the 9th by striking Section 2 of said Act and by renumbering Section 3 as Section 2 and Section 4 as Section 3 and Section 5 as Section 4.

On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 40, nays 0, and the amendment to the substitute to SB 207 offered by Senator Sutton of the 9th was adopted.
On the adoption of the substitute to SB 207 offered by the Senate Committee on Banking, Finance and Insurance, the yeas were 43, nays 0, and the committee was adopted as amended.

Senator Sutton of the 9th moved that the Senate reconsider its action in adop ting the substitute to SB 207 offered by the Senate Committee on Banking, Finance and Insurance.

On the motion, the yeas were 5, nays 32; the motion was lost, and the adoption of the committee substitute was not reconsidered.
The President ruled that since the substitute offered by the Senate Committee on Banking, Finance and Insurance was adopted, the substitute offered by Senator Sutton of the 9th 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincherof54th Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bryant Holloway (excused)

Howard

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

McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Stumbaugh

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

Senator Land of the 16th introduced the doctor of the day, Dr. Bruce Newson, of Columbus, Georgia.

Colonel Charles Wesley Scott, one of the hostages held in Iran, and Mrs. Betty Scott, who reside in DeKalb County, Stone Mountain, Georgia, were accompanied into the Senate Chamber by U. S. Congressman from the 4th District, Elliott H. Levitas, and the Senate members of the DeKalb Delegation.

The following resolution of the Senate was read and adopted:

SR 67. By Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and others:
A resolution commending Colonel Charles Wesley Scott.

Senator Stumbaugh of the 55th presented to the Senate Colonel Scott who made a brief and touching speech.

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365

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 resolution of the House:

HR 190. By Representatives Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A resolution relative to adjournment at 5:00 p.m. on February 12, 1981, in order to reconvene at 10:00 a.m. on February 16, 1981.

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 208. By Senators Broun of the 46th and Tysinger of the 41 st:
A bill to amend Code Section 68C-307, relating to requirements and limits of certain automobile liability policies under "The Motor Vehicle Safety Responsibility Act," so as to change the provisions relative to the required policy limits for injury or destruction to property of others.
The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 208:

A BILL
To be entitled an Act to amend Code Title 68C, known as the "Motor Vehicle Safety Responsibility Act," as amended, so as to change a defini tion; to change the minimum liability insurance limits for damage or destruction to property of others; to provide for certain editorial changes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 68C, known as the "Motor Vehicle Safety Responsibility Act," as amended, is hereby amended by striking paragraph (5) of subsection (b) of Code Section 68C-101 in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Proof of Financial Responsibility (A) Proof of ability to re spond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, in the amount of $10,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $20,000.00 because of bodily injury to or death of two or more per sons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident or

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(B) Proof of ability to respond in compensation to certain injured individuals, without regard to fault, up to an aggregate minimum limit of $5,000,00 per injured person in compliance with the provisions of the 'Georgia Motor Vehicle Accident Reparations Act' (Ga. Laws 1974, p. 113)."
Section 2. Said Code title is further amended by striking subsection (a) of Code Section 68C-307 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No policy shall be effective under Section 68C-304 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this section, nor unless such policy or bond is subject, if the accident has resulted in bodily in jury or death, to a limit, exclusive of interest and costs, of not less than $ 10,000.00 because of bodily injury or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $20,000.00 because of bodily injury or death to two or more per sons in any one accident, and if the accident has resulted in injury to, or destruction of, property, to a limit of not less than $10,000.00 because of injury to or destruction of property of others in any one ac cident."
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 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Summers Sutton Thompson Timmons Trulock Turner Walker Wessels

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367

Those not voting were Senators:

Bond Brannon Holloway (excused)

Hudgins Stephens Stumbaugh

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

Tate Tysinger

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

Senator Starr of the 44th assumed the Chair at the direction of the President.

SR 17. By Senator Kidd of the 25th:
A resolution to create the Joint Driver Improvement Clinic Study Com mittee; to provide for the duties, powers, and authorities of the commit tee; to provide for a report of committee findings and recommendations.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean Eldridge English Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators Engram and Hudson.

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Those not voting were Senators:

Gillis Holloway (excused)

Hudgins Starr (presiding)

Stumbaugh Tate

On the adoption of the resolution, the yeas were 48, nays 2.

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

The President resumed the Chair.

HB 59.

By Representative Jackson of the 9th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, so as to add to the definition of abandoned motor vehicles those vehicles which are abandoned on private property.

Senator Cobb of the 28th moved that HB 59 be postponed until February 12.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 59 was postponed until February 12.

HB 132. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exempt the motor vehicle tag registration and certificate of title records which the commissioner is required to maintain from the provisions of any Act which may require that said records be open for public inspection.

Senator Cobb of the 28th moved that HB 132 be postponed until February 12.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 132 was postponed until February 12.

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

HR 190. By Representatives Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A resolution relative to adjournment of the General Assembly at 5:00 o'clock P.M. on February 12, 1981, to reconvene at 10:00 o'clock A.M. on February 16, 1981.

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369

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite majority, was adopted.

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

HB 208. By Representatives Swann of the 90th and Jessup of the 117th:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war.

Senator Coverdell of the 40th moved that HB 208 be postponed until February 12.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 208 was postponed until February 12.

SB 36. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Revenue Bond Law," as amended, so as to remove the limitation on the maximum interest rate which may be borne by revenue bonds; to authorize the governing body to set the in terest rate.

Senator Barnes of the 33rd moved that SB 36 be postponed until February 12.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 36 was postponed until February 12.

SB 79. By Senator Barnes of the 33rd:
A bill to provide procedures for the prevention of domestic violence; to define the term "domestic violence"; to provide procedures in connec tion with the filing of petititons; to provide for protective orders and tem porary ex parte orders; to provide for enforcement of orders; to provide for assistance by law enforcement officers.

The Senate Committee on Judiciary offered the following substitute to SB 79:
A BILL
To be entitled an Act to provide procedures for the prevention of domestic violence; to define the term ' 'domestic violence"; to provide for jurisdiction; to provide procedures in connection with the filing of peti-

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tions; to provide for protective orders and temporary ex parte orders; to provide for enforcement of orders; to provide for assistance by law en forcement officers in domestic violence cases; to authorize law enforce ment officers to arrest without a warrant persons accused of committing acts of domestic violence or violating protective orders under certain cir cumstances; to provide for applicability; to amend Code Section 27-207, relating to arrests without a warrant, as amended, so as to change the provisions relating to arrest without a warrant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term "domestic violence" means the occurrence of one or more of the following acts between family or household members, spouses, persons living as spouses, parents and children, or other persons related by consanguinity or affinity:
(1) Any felony; or (2) Commission of offenses of battery, assault, criminal damage to property, unlawful restraint, or criminal trespass.
Section 2. The superior court of the county where the acts of domestic violence took place shall have jurisdiction over all proceedings under this Act.
Section 3. (a) A person may seek relief under this Act by filing a peti tion with the superior court alleging one or more acts of domestic violence. A person may also seek relief on behalf of a minor by filing such a petition. The fee for filing a petition is $ 16.00.
(b) Upon the filing of a verified petition in which the plaintiff alleges a substantial likelihood of immediate danger of domestic violence, the court may order such temporary relief ex parte as it deems necessary to protect the plaintiff or a minor of the household from violence.
(c) Within ten days of the filing of the petition under this Act, a hear ing shall be held at which the plaintiff must prove the allegations of the petition by a preponderance of the evidence as in other civil cases.
Section 4. (a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of domestic violence. The orders or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;
(3) Require a party to provide a spouse and his or her children suitable alternate housing;
(4) Award temporary custody of minor children and establish tem porary visitation rights;

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371

(5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order a party to refrain from harassing or interfering with the other;
(10) Award costs and attorney's fees to either party; and
(11) Include any additional protections or provisions as deemed necessary.
(b) A copy of the order shall be issued by the clerk of the superior court to the sheriff of the county wherein the order was entered and shall be retained by the sheriff as long as that order shall remain in effect.
(c) Any such orders granted under this section shall not remain in ef fect for more than six months.
Section 5. The remedies provided by this Act are not exclusive but are additional to any other remedies provided by law.
Section 6. Code Section 27-207, relating to arrests without a war rant, as amended, is hereby amended by adding in subsection (a), follow ing the last comma and preceding the words ' 'or for'', the following:
"or if the officer has probable cause to believe that an act of domestic violence, as defined in an Act providing procedures for the prevention of domestic violence, has been committed,'',
so that when so amended subsection (a) shall read as follows:
"(a) An arrest for a crime may be made by an officer, either under a warrant, or without a warrant if the offense is committed in his presence, or the offender is endeavoring to escape, or if the officer has probable cause to believe that an act of domestic violence, as defined in an Act providing procedures for the prevention of domestic violence, has been committed, or for other cause there is likely to be failure of justice for want of an officer to issue a warrant."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute to SB 79 offered by the Senate Committee on Judiciary, the yeas were 0, nays 48, and the committee substitute was lost.

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Senators Ballard of the 45th and Barnes of the 33rd offered the following substitute to SB 79:

A BILL
To be entitled an Act to provide procedures for the prevention of family violence; to define the term "family violence"; to provide for jurisdiction; to provide procedures in connection with the filing of peti tions; to provide for protective orders and temporary ex parte orders; to provide for enforcement of orders; to provide for assistance by law en forcement officers in family violence cases; to authorize law enforce ment officers to arrest without a warrant persons accused of committing acts of family violence or violating protective orders under certain cir cumstances; to provide for applicability; to amend Code Section 27-207, relating to arrests without a warrant, as amended, so as to change the provisions relating to arrest without a warrant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term "family violence" means the occurrence of one or more of the following acts between spouses, parents and children, or other persons related by consanguinity or affini ty living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, assault, criminal damage to property, unlawful restraint, or criminal trespass.
Section 2. The superior court of the county where the acts of family violence took place shall have jurisdiction over all proceedings under this Act.
Section 3. (a) A person may seek relief under this Act by filing a peti tion with the superior court alleging one or more acts of family violence. A person may also seek relief on behalf of a minor by filing such a peti tion. The fee for filing a petition is $ 16.00.
(b) Upon the filing of a verified petition in which the plaintiff alleges a substantial likelihood of immediate danger of family violence, the court may order such temporary relief ex parte as it deems necessary to protect the plaintiff or a minor of the household from violence.
(c) Within ten days of the filing of the petition under this Act, a hear ing shall be held at which the plaintiff must prove the allegations of the petition by a preponderance of the evidence as in other civil cases.
Section 4. (a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may:

WEDNESDAY, FEBRUARY 11, 1981

373

(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;
(3) Require a party to provide a spouse and his or her children suitable alternate housing;
(4) Award temporary custody of minor children and establish tem porary visitation rights;
(5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order a party to refrain from harassing or interfering with the other;
(10) Award costs and attorney's fees to either party; and
(11) Include any additional protections or provisions as deemed necessary.
(b) A copy of the order shall be issued by the clerk of the superior court to the sheriff of the county wherein the order was entered and shall be retained by the sheriff as long as that order shall remain in effect.
(c) Any such orders granted under this section shall not remain in ef fect for more than six months.
Section 5. The remedies provided by this Act are not exclusive but are additional to any other remedies provided by law.
Section 6. Code Section 27-207, relating to arrests without a war rant, as amended, is hereby amended by adding in subsection (a), follow ing the last comma and preceding the words ' 'or for'', the following:
"or if the officer has probable cause to believe that an Act of fami ly violence, as defined in an Act providing procedures for the preven tion of family violence, has been committed,'',
so that when so amended subsection (a) shall read as follows:
"(a) An arrest for a crime may be made by an officer, either under a warrant, or without a warrant if the offense is committed in his

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presence, or the offender is endeavoring to escape, or if the officer has probable cause to believe that an act of family violence, as defined in an Act providing procedures for the prevention of family violence, has been committed, or for other cause there is likely to be failure of justice for want of an officer to issue a warrant.''
Section 7. All laws and parts of law in conflict with this Act are hereby repealed.

On the adoption of the substitute to SB 79 offered by Senators Ballard of the 45th and Barnes of the 33rd, 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 by substitute.

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Bowen Brantley Cobb Coleman Coverdell Dean Eldridge English Engram Evans

Fincherof 52nd Fincher of 54th Garner Gillis Greene Horton Howard Hiidgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Brannon Brown of 47th

Deal Foster

Those not voting were Senators:

Broun of 46th

Hill

Bryant

Reynolds Starr
Holloway (excused)

On the passage of the bill, the yeas were 45, nays 7.

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375

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 1:15 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 12, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Starr of the 44th.

Senator Barker of the 18th 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 and resolution of the House:

HB 317. By Representatives Childs of the 51st, Richardson of the 52nd, Clark of the 55th and others:
A bill to amend an Act providing for a Board of Registrations and Elec tion in certain counties; so as to make provisions for the registration of vote as both county and municipal electors.

HB 348. By Representative Sizemore of the 136th:
A bill to repeal' 'An Act creating a Small Claims Court in each county in this state having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census".

HB 431. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to change the number of councilmen; to change the method of electing the mayor and councilmen.

HB 439. By Representatives Childs of the 51st, Widener of the 44th, Davis of the 45th and others:
A bill to amend Code Section 34A-501, relating to registrars, their terms of office, compensation, and duties, as amended, so as to repeal the pro vision that municipalities of less than 20,000 population located within counties having populations of not less than 400,000 and not more than 600,000 shall not be authorized to maintain their own registration list.

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377

HB 441. By Representative Castleberry of the 111 th:
A bill to amend an Act establishing an annual salary for the sheriff of Stewart County, so as to change the compensation of the sheriff's deputy.

HB 449. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to provide for the election of the school superintendent of Coffee County, to provide for terms of office.

HB 450. By Representative Bray of the 70th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.

HB 461. By Representative Irvin of the 1 Oth: A bill to amend an Act establishing the State Court of Stephens County, so as to change the quarterly terms of said court.
HB 462. By Representative Irvin of the 10th: A bill to amend an act establishing the State Court of Stephens County, so as to change the compensation of the Judge and Solicitor of said court.

HB 465. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to designate posts on the board; to provide qualifications for members of the board.

HB 466. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Floyd County and creating in lieu thereof the office of tax com missioner of Floyd County, so as to change the compensation of the tax commissioner.

HB 467. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act establishing compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to change the salary of said clerk and pro bate judge.

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HB 468. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act known as the "Floyd County Merit System Act," so as to provide an additional exemption from coverage under the Merit System; to abolish the present Floyd County Merit System Board and create a new board composed of five members.

HB 472. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Montgomery Coun ty, Georgia, to be known as the Small Claims Court of Montgomery County.

HB 473. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Wheeler County, Georgia.

HB 474. By Representative Phillips of the 120th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases and game and fish cases in the probate courts of the counties of this state hav ing a population of not less than 6,900 nor more than 6,950 according to the U. S. Decennial Census of 1980 or any future such census.

HB 479. By Representative Kilgore of the 65th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.

HB 149. By Representatives Childs of the 51st, Workman of the 56th, Widener of the 44th and others:
A bill to amend Code Chapter 59-1, relating to juries in general, so as to provide alternative procedures for exemption of certain persons from jury duty in counties which use electronic or mechanical means for the selection of jurors.

HB 50. By Representative Padgett of the 86th:
A bill to amend an Act known as the "Georgia Industrial Loan Act," so as to repeal the provision relating to the reinstatement of a certain rate of in terest.

HB 79. By Representatives Buck of the 95th, Smyre of the 92nd, Thomas of the 66th and others:
A bill to provide for the distribution of malt beverages.

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379

HB 131. By Representatives Wood of the 9th, Padgett of the 86th, Hays of the 1st and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to redefine the term "employee" to provide the basis of computing com pensation for certain employees to amend an act known as the "Georgia Military Forces Reorganization Act of 1955," so as to delete the provi sions relating to pay and care when injured or disabled in service.

HB 410. By Representative Walker of the 115th:
A bill to amend Code Chapter 72-4, relating to nuisances in cities, so as to provide for the manner of determining the existence of and abating such nuisances.

HB 411. By Representative Walker of the 115th:
A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act," so as to grant municipalities the right to adopt certain offenses contained under such title as ordinances by reference.

HB 372. By Representatives Isakson of the 20th, Johnson of the 66th, Foster of the 6th and others:
A bill to amend an Act providing for the transfer of junctions, personnel and equipment of the State Building Administrative Board to the State Department of Community Affairs, so as to clarify the authority of coun ty and municipal governments to adopt and enforce codes other than the state codes.

HB 378. By Representatives Adams of the 36th, Richardson of the 52nd and Bolster of the 30th:
A bill to amend an Act known as the "Georgia Residential Authority Act," so as to change the definitions of "residential housing" and "mort gage".

HB 241. By Representatives Johnson, Wood, Lee and Benefield of the 72nd:
A bill to amend Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, so as to change the maximum compensation of bailiffs.

HB 306. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to provide for gifts by married persons.

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HB 26. By Representatives McDonald of the 12th, Coleman of the 118th, Ware of the 68th and others:
A bill to amend an Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, so as to provide for an in crease in the monthly retirement benefits of eligible firemen or volunteer firemen.

HB 274. By Representative Galer of the 97th:
A bill to amend an Act providing retirement benefits for superior court clerks so as to make certain provisions for payment of funds to widows applicable to all surviving spouses.

HB 275. By Representative Galer of the 97th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to make provisions which are applicable to payment of certain sur vivors' benefits to widows applicable to all surviving spouses.

HB 227. By Representatives Kemp of the 139th, Tuten of the 153rd, Watson of the 114th and others:
A bill to amend an Act to provide for interest on unliquidated damages under certain circumstances, so as to change the rate of interest.

HB 323. By Representatives Kilgor.e of the 65th, Murphy of the 18th, Burruss of the 21st and others:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, so as to provide for a second judge for such circuit.

HR 119. By Representatives Murphy of the 18th and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide the manner of filling vacancies in certain elected constitutional of fices of the state.

HB 182. By Representatives Murphy of the 18th, Johnson of the 72nd, Coleman of the 118th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.

HB 35. By Representatives Lambert of the 112th, Argo of the 63rd and McDonald of the 12th:
A bill to create the position of Consumers' Utility Counsel.

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

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for state employees, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the state"; to increase the maximum employer contribution from five percent to eight percent of the total outlay for personal services.

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

SB 299. By Senator Broun of the 46th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the provisions regarding the qualifications of applicants for licensure. Referred to Committee on Governmental Operations.

SB 300. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Putnam County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court. Referred to Committee on County and Urban Affairs.
SB 301. By Senator Land of the 16th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, as amend ed, so as to require outside work of certain inmates of penal institutions during inclement weather under certain conditions; to provide for super vision. Referred to Committee on Offender Rehabilitation.

SB 302. By Senator Kennedy of the 4th:
A bill to amend an Act creating the Small Claims Court of Evans County so as to change the provisions relating to commencement of actions and services; to change the provisions relating to costs; to delete the provi sions relating to jury trials.
Referred to Committee on County and Urban Affairs.

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SB 303. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authori ty; to provide for other matters relative thereto.
Referred to Committee on County and Urban Affiars.

SB 304. By Senator Ballard of the 45th:
A bill to amend an Act known as the "Development Authorities Law," as amended, so as to provide for the board of directors in certain counties; to provide for the repeal of certain provisions. Referred to Committee on Industry, Labor and Tourism.

SB 305. By Senator Stephens of the 36th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to authorize the Secretary of State to furnish state flags, without cost, to the various superior and state courts throughout the state.
Referred to Committee on Defense and Veterans Affairs.

SB 306. By Senator Howard of the 42nd:
A bill to amend Code Section 26-1502, relating to criminal damage to property in the second degree, so as to change certain damage limita tions.
Referred to Committee on Judiciary.

SB 307. By Senators Coverdell of the 40th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Boat Safety Act," as amended, so as to revise the declaration of policy; to provide a definition for the term "marine event"; to revise the numbering exemption for rac ing vessels; to correct a typographical error pertaining to the fees for vessel certificates of number.
Referred to Committee on Natural Resources and Environmental Quality.

SB 308. By Senators Tate of the 38th, Ballard of the 45th, Horton of the 17th 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 teachers shall be given a duty-free lunch period and planning time.
Referred to Committee on Education.

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SR 76. By Senators Hudson of the 35th, Stephens of the 36th and Engram of the 34th:
A resoluting authorizing the State of Georgia, acting by and through its State Properties Commission, to convey to the City of Atlanta, Georgia real property necessary for the widening by the City of Atlanta of Mangum Street; to provide an effective date.
Referred to Committee on Public Utilities.

SR 77. By Senators Robinson of the 27th, Land of the 16th, Foster of the 50th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide that the provisions shall be selfexecuting; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Governmental Operations.

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

HB 26. By Representatives McDonald of the 12th, Coleman of the 118th, Ware of the 68th and others:
A bill to amend an Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, so as to provide for an in crease in the monthly retirement benefits of eligible firemen or volunteer firemen.
Referred to Committee on Retirement.

HB 35. By Representatives Lambert of the 112th, Argo of the 63rd and McDonald of the 12th:
A bill to create the position of Consumers' Utility Counsel. Referred to Committee on Consumer Affairs.

HB 50. By Representative Padgett of the 86th:
A bill to amend an Act known as the ' 'Georgia Industrial Loan Act," so as to repeal the provision relating to the reinstatement of a certain rate of in terest.
Referred to Committee on Banking, Finance and Insurance.

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HB 79. By Representatives Buck of the 95th, Smyre of the 92nd, Thomas of the 66th and others:
A bill to provide for the distribution of malt beverages. Referred to Committee on Industry, Labor and Tourism.

HB 131. By Representatives Wood of the 9th, Padgett of the 86th, Hays of the 1st and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to redefine the term "employee" to provide the basis of computing com pensation for certain employees to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955," so as to delete the provi sions relating to pay and care when injured or disabled in service.
Referred to Committee on Industry, Labor and Tourism.

HB 149. By Representatives Childs of the 51st, Workman of the 56th, Widener of the 44th and others:
A bill to amend Code Chapter 59-1, relating to juries in general, so as to provide alternative procedures for exemption of certain persons from jury duty in counties which use electronic or mechanical means for the selection of jurors.
Referred to Committee on Judiciary.

HB 182. By Representatives Murphy of the 18th, Johnson of the 72nd, Coleman of the 118th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits. Referred to Committee on Retirement.

HB 227. By Representatives Kemp of the 139th, Tuten of the 153rd, Watson of the 114th and others:
A bill to amend an Act to provide for interest on unliquidated damages under certain circumstances, so as to change the rate of interest.
Referred to Committee on Banking, Finance and Insurance.

HB 241. By Representatives Johnson, Wood, Lee and Benefield of the 72nd:
A bill to amend Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, so as to change the maximum compensation of bailiffs. Referred to Committee on Governmental Operations.

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HB 274. By Representative Galer of the 97th:
A bill to amend an Act providing retirement benefits for superior court clerks, so as to make certain provisions for payment of funds to widows applicable to all surviving spouses. Referred to Committee on Retirement.

HB 275. By Representative Galer of the 97th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to make provisions which are applicable to payment of certain sur vivors' benefits to widows applicable to all surviving spouses. Referred to Committee on Retirement.

HB 306. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to provide for gifts by married persons. Referred to Committee on Judiciary.

HB 323. By Representatives Kilgore of the 65th, Murphy of the 18th, Burruss of the 21st and others:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, so as to provide for a second judge for such circuit.
Referred to Committee on Judiciary.

HB 372. By Representatives Isakson of the 20th, Johnson of the 66th, Foster of the 6th and others:
A bill to amend an Act providing for the transfer of functions, personnel, and equipment of the State Building Administrative Board to the State Department of Community Affairs, so as to clarify the authority of coun ty and municipal governments to adopt and enforce codes other than the state codes.
Referred to Committee on County and Urban Affairs.--GEN.

HB 410. By Representative Walker of the 115th:
A bill to amend Code Chapter 72-4, relating to nuisances in cities, so as to provide for the manner of determining the existence of and abating such nuisances. Referred to Committee on Special Judiciary.

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HB 411. By Representative Walker of the 115th:
A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act," so as to grant municipalities the right to adopt certain offenses contained under such title as ordinances by reference. Referred to Committee on Judiciary.

HR 119. By Representatives Murphy of the 18th and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide the manner of filling vacancies in certain elected constitutional of fices of the state. Referred to Committee on Governmental Operations.

HB 378. By Representatives Adams of the 36th, Richardson of the 52nd and Bolster of the 30th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act", so as to change the definitions of "residential housing" and "mortgage".
Referred to Committee on Banking, Finance and Insurance.

HB 317. By Representatives Childs of the 51st, Richardson of the 52nd, Clark of the 55th and others:
A bill to amend an Act providing for a Board of Registrations and Elec tions in certain counties, so as to make provisions for the registration of voters as both county and municipal electors.
Referred to Committee on County and Urban Affairs.

HB 348. By Representative Sizemore of the 136th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census".
Referred to Committee on County and Urban Affairs.

HB 431. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to change the number of councilmen; to change the method of electing the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 439. By Representatives Childs of the 51st, Widener of the 44th, Davis of the 45th and others:
A bill to amend Code Section 34A-501, relating to registrars, their terms of office, compensation, and duties, as amended, so as to repeal the pro-

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vision that municipalities of less than 20,000 population located within counties having populations of not less than 400,000 and not more than 600,000 shall not be authorized to maintain their own registration list.
Referred to Committee on County and Urban Affairs.

HB 441. By Representative Castleberry of the lllth:
A bill to amend an Act establishing an annual salary for the sheriff of Stewart County, so as to change the compensation of the sheriff's deputy. Referred to Committee on County and Urban Affairs.

HB 449. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to provide for the election of the school superintendent of Coffee County; to provide for terms of office. Referred to Committee on County and Urban Affairs.

HB 450. By Representative Bray of the 70th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.
Referred to Committee on County and Urban Affairs.

HB 461. By Representative Irvin of the 1 Oth:
A bill to amend an Act establishing the State Court of Stephens County, so as to change the quarterly terms of said Court. Referred to Committee on County and Urban Affairs.

HB 462. By Representative Irvin of the 10th:
A bill to amend an Act establishing the State'Court of Stephens County, so as to change the compensation of the Judge and Solicitor of said Court. Referred to Committee on County and Urban Affairs.

HB 465. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to designate posts on the board; to provide qualifications for members of the board.
Referred to Committee on County and Urban Affairs.

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HB 466. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Floyd County and creating in lieu thereof the office of tax com missioner of Floyd County, so as to change the compensation of the tax commissioner.

HB 467. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, so as to change the salary of said clerk and pro bate judge.
Referred to Committee on County and Urban Affairs.

HB 468. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act known as the "Floyd County Merit System Act," so as to provide an additional exemption from coverage under the Merit System; to abolish the present Floyd County Merit System Board and create a new Board composed of five members.
Referred to Committee on County and Urban Affairs.

HB 472. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Montgomery Coun ty, Georgia, to be known as the Small Claims Court of Montgomery County. Referred to Committee on County and Urban Affairs.

HB 473. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Wheeler County, Georgia. Referred to Committee on County and Urban Affairs.

HB 474. By Representative Phillips of the 120th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases and game and fish cases in the probate courts of the counties of this state hav ing a population of not less than 6,900 nor more than 6,950 according to the U. S. decennial census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

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389

HB 479. By Representative Kilgore of the 65th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner. Referred to Committee on County and Urban Affairs.

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

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 148. Do pass by substitute.

Mr. President:

Respectfully submitted, Senator Dean of the 31st District, Chairman

Your Committee on County and Urban 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 289. Do pass.

Mr. President:

Respectfully submitted, Senator Dean of the 31st District, Chairman

Your Committee on County and Urban 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 295. Do pass.
HB 310. Do pass.
HB 349. Do pass as amended.
HB 369. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

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Your Committee on Governmental Operations 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 149. SB 150. SB 217.

Do pass by substitute. Do pass by substitute. Do pass as amended.

Respectfully submitted, Senator Kidd of the 25th 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 162. SB 189. SB 200. HB 47. HB 114. HR 62.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Barnes of the 33rd 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 141. Do pass.
HB 93. Do pass.

Respectfully submitted, Senator Tate of the 38th District, Chairman

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

SB 31. By Senator Evans of the 37th:
A bill to authorize the governing authorities of counties to grant franchise licenses for the operation of cable television systems within their ter ritorial limits; to provide for fees; to prohibit county franchise licenses and fees within municipalities.
SB 32. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change the definition of the term "dispensing opti cian"; to change the provisions relating to continuing education re quirements.
SB 56. 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 require departments to employ certain employees in volved in a reduction in force under certain circumstances.

SB 57. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensa tion.

SB 74. By Senator Howard of the 42nd:
A bill to amend Code Chapter 68A-10, Subchapter B, the Handicapped Parking Law, so as to provide for institutional permits for handicapped parking; to provide penalties.

SB 91. By Senator Kidd of the 25th:
A bill to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for notice to be provided to electors; to pro vide for permanency of registration, biennial revision of records, and registration; to provide for the payment of a fee for the production of an electors' list.
SB 133. By Senator Kidd of the 25th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for the application of a certain amount of the bank deposits of deceased depositors to funeral expenses.

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SB 216. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, as amended, so as to provide for exceptions under certain cir cumstances; to continue certain regulations; to provide for exceptions.

SR 15. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of one member of the Board of Regents of the University System of Georgia from each congressional district by the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district and to provide for four-year terms of office; to provide for the submission of this amendment for ratification or rejection.

SR 50. By Senators Bell of the 5th, Coverdell of the 40th and Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that no bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly shall become law without the approval of two-thirds of the members elected to each branch of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

HB 17. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act providing for a health insurance plan for state employees, so as to authorize the State Personnel Board to contract with the Georgia Cooperative Services for the Blind, for the inclusion of licensed blind or severely disabled vendors within any health insurance plan.

HB 51. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Home of the 104th and others:
A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act Amended".

HB 72. By Representatives Ham of the 80th, Bray of the 70th, Beck of the 148th and others:
A bill to amend Code Title 5A, known as the "Georgia Alcoholic Beverages Code," so as to make it unlawful to possess alcoholic beverages upon the grounds or within any structure of any elementary school, high school, or trade, vocational or industrial school.

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HB 263. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A bill to amend the "Georgia Agricultural Commodities Promotion Act", so as to provide a method of filling certain vacancies on agricultural com modity commissions.

HR 103. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A resolution urging Congress to provide financial assistance for the relocation of utility lines which prevent the use of pivot irrigation systems on large tracts of prime farm land.
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 196. By Senator Bond of the 39th:
A bill to provide that in all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be em powered by ordinance or resolution to assess against abutting property the cost of repairing any public way and cleaning up from any public way any debris or material resulting from private construction activities.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 196:

A BILL
To be entitled an Act to provide that in all counties of this state hav ing a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be empowered by ordinance or resolution to assess against property the cost of reopening or cleaning up from any public way, street, road, right of way, or highway any debris or other materials originating on such property as a result of any construction activity; to provide that the assessment shall be a lien enforced in the same manner as are county property taxes; 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. In all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be empowered by ordinance or resolution to assess against any property the cost of reopening or cleaning up from any public way, street, road, right of way, or highway any debris, dirt, sediment, soil, trash, building materials, and

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other physical materials originating on such property as a result of any private construction activity carried on by any developer, contractor, subcontractor, or owner of such property.

Section 2. Any assessment authorized under Section 1 hereof, the in terest thereon and the expense of collection shall be a lien against the abutting lots and tract of land so assessed coequal with the lien of other taxes and shall be enforced in the same manner as are state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Georgia Code Title 91 A, known as the "Georgia Public Revenue Code."

Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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

On the adoption of the substitute, the yeas were 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.

SB 197. By Senator Bond of the 39th:
A bill to amend an Act known as the "Housing Authorities Law," as amended, so as to change the membership of the authority in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census.

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

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

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

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SB 204. By Senator Brantley of the 56th:
A bill to provide that in all counties of this State having a population of 550,000 or more according to the 1970 United States decennial census or any future such census, any employee responsible for inspection and en forcement of regulatory codes, ordinances, regulations, rules, and orders shall have authority to issue citations to persons who violate any such codes, ordinances, regulations, rules, and orders.

The report 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 205. By Senator Brantley of the 56th:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to provide that in certain counties all funds collected under the authority of said Act shall be paid into the general treasury of such county to be used for lawful county purposes.

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

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

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

SB 231. By Senator Kidd of the 25th:
A bill to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for compensa tion of the members of the board in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any future such census.

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

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

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

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SB 232. 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 com pensation and travel expenses of members of the board; to provide an ef fective date.

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

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

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

SB 241. By Senator Brannon of the 51st:
A bill to abolish the Board of Commissioners of Gordon County and re create the office of commissioner of Gordon County as the governing authority thereof; to provide for a referendum; to repeal specifically cer tain Acts; to provide for effective dates.

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

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

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

HB 198. By Representative Bray of the 70th:
A bill to amend an Act changing the compensation of the members of the board of county commissioners of Talbot County, so as to change the compensation of the members of the board of county commissioners of Talbot County.

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

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

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

HB 216. By Representative Cox of the 141st: A bill to create the Downtown Bainbridge Development Authority.

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

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

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

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

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester

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

Those not answering were Senators:

Coverdell Holloway (excused)

Hudgins Littlefield

McKenzie

Senator Barker of the 18th introduced the chaplain of the day, Reverend Clyde Johns, pastor of the Church of God, Warner Robins, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 72. By Senator Broun of the 46th:
A resolution recognizing certain members of the 1980 University of Georgia Bulldog Football Team.

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SR 73. By Senators Kennedy of the 4th, Foster of the 50th, Fincher of the 52nd and others:
A resolution recognizing and commending The GSP News.

SR 74. By Senators Kennedy of the 4th, Foster of the 50th, Fincher of the 52nd and others:
A resolution commending the Honorable E. B. (Jack) Caldwell for his faithful service to the State of Georgia and extending best wishes to him on his retirement.

SR 75. By Senators Kennedy of the 4th, Hudgins of the 15th, Foster of the 50th and others:
A resolution expressing regret at the passing of Mr. Jack T. Rutledge.

SR 58. By Senator Thompson of the 32nd: A resolution commending Honorable Hinson McAuliffe.

Senator Thompson of the 32nd introduced Honorable Hinson McAuliffe who briefly addressed the Senate.

Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Committee on Human Resources and committed to the Com mittee on Governmental Operations:

SB 244. By Senator Kidd of the 25th:
A bill to amend Code Section 88-115, relating to institutional powers and duties of the Department of Human Resources, so as to provide for the compensation of licensed practical nurses employed in the institutions under the jurisdiction of the department.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 244 was withdrawn from the Committee on Human Resources and committed to the Com mittee on Governmental Operations.

Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Committee on Human Resources and committed to the Com mittee on Governmental Operations:

SB 245. By Senator Kidd of the 25th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the qualifications for the licensure and ex amination as a licensed practical nurse; to authorize the board to accept

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applications from applicants who expect to complete successfully a course of training in an approved school and hospital prior to the date of the examination applied for.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 245 was withdrawn from the Committee on Human Resources and committed to the Com mittee on Governmental Operations.

SENATE CALENDAR Thursday, February 12, 1981
SIXTEENTH LEGISLATIVE DAY
SB 104. Medical Assistance Act--disclosure of certain confidential information unlawful (Hum R--42nd)
HB 59. Abandoned Motor Vehicle Removal--vehicles on private property (Pub Saf-28th)
HB 132. Motor Vehicle Certificate of Title Records--not for public inspection (Pub Saf--28th)
HB 208. Prisoner of War Veterans-free auto tags (AMENDMENT) (D&VA-26th)
SB 36. Revenue Bond Law--remove maximum interest rate on revenue bonds (SUBSTITUTE) (AMENDMENT) (BF&I-33rd)
SB 83. Dangerous Incidents Involving Compressed Gases--immunity for assistance (Judy--28th)
SB 1. Dealers in Precious Metals--regulation (SUBSTITUTE) (IL&Tou-8th)
SB 4. Juvenile Courts--change provisions on creation (SUBSTITUTE) (S Judy-15th)
SB 30. Juvenile Court Code--failure to appear delinquent act (AMENDMENT) (Judy-32nd)
SB 33. Hunting, Fishing Areas--change penalty provisions (SUBSTITUTE) (NREQ-25th)
SB 47. State Division of Conservation--repeal provisions on suits (NREQ-33rd)
SB 52. Property for Public Road--maximum time period to acquire (Trns-33rd)
SB 61. County Boards of Education--employee ineligible to be member (Ed-54th)

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SB 69. Torts--motor vehicle driver owes passengers ordinary care (SUBSTITUTE) (SJudy-40th)
SB 85. Retail Installment and Home Solicitation Sales Act--revolving accounts (IL&Tou--15th)
SB 86. Retail Installment and Home Solicitation Sales Act--installment contracts (IL&Tou--15th)
SB 96. Burglary--prohibit possession of certain precious metals melting equipment (IL&Tou--32nd)
SB 100. Forestry Commission--proceeds from sale of seeds (NREQ--20th)
SB 101. Notice before Burning Woods, Lands--counties (NREQ--20th)
SB 116. Postsecondary Educational Authority Act--exemptions (AMENDMENT) (Ed-10th)
SB 119. Civil Criminal Case--character testimony (Judy--6th)
SB 121. Demand by Accused for Trial--written notice to prosecuting attorney (AMENDMENT) (SJudy-35th)
SB 122. Public Indecency Conduct in Play, Movie, Etc.--repeal Code Section (S Judy--35th)
SB 142. Blasting in Vicinity of Underground Gas Pipes--define "gas" (IL&Tou-41st)
SB 159. Sale of Pulpwood and Timber--requirements (NREQ--9th)
SB 201. Law Enforcement Officers' Procedural Due Process Act--provide (SUBSTITUTE) (AMENDMENT] (SJudy-15th)
SB 202. New or Abandoned Road--county notify Department of Transportation (Trns--48th)
SB 203. Public Roads--vegetation trimming permits (SUBSTITUTE) (Trns--48th)
SB 242. Public Transportation Code--length provisions of certain vehicles (Trns--48th)
SR 18. Dames Ferry Bridge--designating (Pub U--25th)
SR 29. State-Owned Property in Milledgeville--conveyance (Pub U-25th)
SR 31. State-Owned Property--conveyance to United States Government (Pub U-47th)
HB 39. Alimony--factors in determining whether to grant (SUBSTITUTE) (SJudy-2nd)
HB 101. Uniform Commercial Code--redefine "public sale" (S Judy--2nd)

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401

HB 103. Division of Conservation--repeal provisions on suits against (NREQ-20th)
HB 104. Forestry Commission Director--compact administrator (NREQ-20th)
HB 195. Game and Fish--increase bonded license agents' fees (NREQ-20th)
HB 196. Boating Registration License Fees--revision (NREQ--20th)
HR 42. Savannah River--easement over property to Harbert Corporation (PubU-lst)

The following general bills of the House, having been read the third time on February 11 and postponed until February 12, were put upon their passage:

HB 132. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act," so as to exempt the motor vehicle tag registration and certificate of title records which the commissioner is required to maintain from the provisions of any Act which may require that said records be open for public inspection.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

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Those not voting were Senators:

Bowen Hill

Holloway (excused) Timmons

Trulock

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

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

HB 208. By Representatives Swann of the 90th and Jessup of the 117th:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war. Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Defense & Veterans Affairs offered the following amendment:

Amend HB 208 by striking on Page 1, from lines 14 and 15 and on Page 2, from lines 2 and 3 the following:

"or held hostage in Iran during the Iranian Crisis 1979-1981".

On the adoption of the amendment, the yeas were 37, nays 1, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

Foster Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

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403

Littlefield McGill McKenzie Robinson Scott Starr

Stephens Stumbaugh Summers Sutton Tate Thompson

Those not voting were Senators:

Bowen Garner

Hill Holloway (excused)

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

Timmons Trulock Turner Tysinger Walker Wessels
Reynolds

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

SB 36. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Revenue Bond Law", as amended, so as to remove the limitation on the maximum interest rate which may be borne by revenue bonds; to authorize the governing body to set the in terest rate.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 36:

A BILL
To be entitled an Act relating to interest rates to be borne by bonds, notes, certificates, or obligations of any kind which evidence any repay ment obligation for money borrowed, exclusive of general obligation bonds, issued by any county, municipal corporation, or political subdivi sion of this state or any authority or public corporation created by the Georgia Constitution or any general, local, or special Act of the General Assembly; to maintain the fiscal solvency of any such county, municipal corporation, political subdivision, authority, or public corporation by ex empting from all laws of the state governing usury or prescribing or limiting interest rates any such bonds, notes, certificates, or obligations which evidence any repayment obligation for money borrowed, ex clusive of general obligation bonds; to provide for the fixing of the in terest rate or rates to be borne by any such bonds, notes, certificates, or obligations which evidence any repayment obligation for money borrow ed, exclusive of general obligation bonds; to provide for the liberal con struction of this Act; to provide that the provisions of this Act shall be severable; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Purpose. It is the purpose of this Act to maintain the fiscal solvency of counties, municipal corporations, and political subdivisions of the state and authorities and public corporations created by the Georgia Constitution or any general, local, or special Act of the General Assembly in public borrowing by exempting from all laws of the state governing usury or prescribing or limiting interest rates any bonds, notes, certificates, or obligations of any kind issued by any such county, municipal corporation, political subdivision, authority, or public cor poration to evidence any repayment obligation for money borrowed, ex clusive of general obligation bonds.

Section 2. Definitions. As used in this Act, the term:

(1) "Bonds" means any bonds, notes, certificates, or obligations of any kind issued by any municipality to evidence any repayment obligation for money borrowed by such municipality, exclusive of general obligations bonds.
(2) "General obligation bonds" means any bonds, notes, cer tificates, or obligations of any kind issued by any municipality which, under the Georgia Constitution, may not be issued without the con sent of a majority of the qualified voters of the municipality affected voting in an election for that purposes.
(3) "Municipality" means any school district, county, municipal corporation, or political subdivision of the state or any authority or public corporation created by the Georgia Constitution or any general, local, or special Act of the General Assembly which is now or may hereafter be authorized by law to issue bonds.

Section 3. Interest rate. From and after the effective date of this Act, any bonds issued by a municipality shall be exempt from (a) all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds, and (b) all provisions of the Georgia Constitution prescribing or limiting interest rates to be borne by bonds to the extent that the Georgia Constitution permits the General Assembly by law to define further the powers and duties of any such municipality and to enlarge or restrict the same. The interest rate or rates to be borne by any bonds issued by a municipality shall be fixed by the governing body of such municipality in the resolution or ordinance adopted by such govern ing body to authorize the issuance of any such bonds.

Section 4. Specific repeal of certain interest rates. All provisions con tained in any of the following laws which prescribe or limit the interest rate or rates to be borne by bonds are hereby repealed to the extent the same are in conflict with the provisions of this Act and to the extent necessary to effect the purpose of this Act by exempting any bonds issued by a municipality from all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds:

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405

(1) An Act known as the "Revenue Bond Law," approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, particularly by an Act approved February 20, 1970 (Ga. Laws 1970, p. 23);
(2) An Act known as the "Hospital Authorities Law," approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, particularly by an Act approved March 4, 1970 (Ga. Laws 1970, p. 144);
(3) An Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1094);
(4) An Act known as the "Development Authorities Law," ap proved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, par ticularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 708); and
(5) An Act creating the "Municipal Electric Authority of Georgia," approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended.

Section 5. Construction of Act. The provisions of this Act shall be liberally construed to effect the purposes hereof, and insofar as the provi sions of this Act may be inconsistent with the provisions of the Georgia Constitution under circumstances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution or the provisions of any law, including any general, local, or special Act of the General Assembly creating or activating any municipality, this Act shall control.

Section 6. Severability. The provisions of this Act are hereby declared to be severable. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason what soever, the remainder of this Act, or the application of the provision to other circumstances, shall not be affected thereby.

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

Section 8. Repealer. 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 36 offered by the Senate Committee on Banking, Finance and Insurance by striking on Page 2, line 22, the word "purposes", and inserting in lieu thereof the following:

"purpose".

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JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senator Barnes of the 33rd to the substitute to SB 36 offered by the Senate Committee on Banking, Finance and In surance, the yeas were 0, nays 33, and the amendment to the committee substitute was lost.

On the adoption of the substitute to SB 36 offered by the Senate Committee on Banking, Finance and Insurance, the yeas were 0, nays 35, and the committee substitute was lost.

Senator Barnes of the 33rd offered the following substitute to SB 36:

A BILL
To be entitled an Act relating to interest rates to be borne by bonds, notes, certificates, or obligations of any kind which evidence any repay ment obligation for money borrowed, exclusive of general obligation bonds, issued by any county, municipal corporation, or political subdivi sion of this state or any authority or public corporation created by the Georgia Constitution or any general, local, or special Act of the General Assembly; to maintain the fiscal solvency of any such county, municipal corporation, political subdivision, authority, or public corporation by ex empting from all other laws of the state governing usury or prescribing or limiting interest rates any such bonds, notes, certificates, or obligations which evidence any repayment obligation for money borrowed, ex clusive of general obligation bonds; to provide for the fixing of the in terest rate or rates to be borne by any such bonds, notes, certificates, or obligations which evidence any repayment obligation for money borrow ed, exclusive of general obligation bonds; to provide for the liberal con struction of this Act; to provide that the provisions of this Act shall be severable; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Purpose. It is the purpose of this Act to maintain the fiscal solvency of counties, municipal corporations, and political subdivisions of the state and authorities and public corporations created by the Georgia Constitution or any general, local, or special Act of the General Assembly in public borrowing by exempting from all other laws of the state governing usury or prescribing or limiting interest rates any bonds, notes, certificates, or obligations of any kind issued by any such county, municipal corporation, political subdivision, authority, or public cor poration to evidence any repayment obligation for money borrowed, ex clusive of general obligation bonds.

Section 2. Definitions. As used in this Act, the term:

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407

(1) "Bonds" means any bonds, notes, certificates, or obligations of any kind issued by any municipality to evidence any repayment obligation for money borrowed by such municipality, exclusive of general obligations bonds.
(2) "General obligation bonds" means any bonds, notes, cer tificates, or obligations of any kind issued by any municipality which, under the Georgia Constitution, may not be issued without the con sent of a majority of the qualified voters of the municipality affected voting in an election for that purposes.
(3) "Municipality" means any school district, county, municipal corporation, or political subdivision of the state or any authority or public corporation created by the Georgia Constitution or any general, local, or special Act of the General Assembly which is now or may hereafter be authorized by law to issue bonds.

Section 3. Interest rate. From and after the effective date of this Act, any bonds issued by a municipality shall be exempt from (a) all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds, and (b) all provisions of the Georgia Constitution prescribing or limiting interest rates to be borne by bonds to the extent that the Georgia Constitution permits the General Assembly by law to define further the powers and duties of any such municipality and to enlarge or restrict the same. The interest rate or rates to be borne by any bonds issued by a municipality shall be fixed by the governing body of such municipality in the resolution or ordinance adopted by such govern ing body to authorize the issuance of any such bonds; provided, however, the interest rate or rates to be borne by any bonds issued by counties or municipal corporations of the state pursuant to the "Revenue Bond Law," approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or hereafter amended, shall not exceed 12 percent per annum.

Section 4. Specific repeal of certain interest rates. All provisions con tained in any of the following laws which prescribe or limit the interest rate or rates to be borne by bonds are hereby repealed to the extent the same are in conflict with the provisions of this Act and to the extent necessary to effect the purpose of this Act by exempting any bonds issued by a municipality from all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds:

(1) An Act known as the "Revenue Bond Law," approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, particularly by an Act approved February 20, 1970 (Ga. Laws 1970, p. 23);
(2) An Act known as the "Hospital Authorities Law," approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, particularly by an Act approved March 4, 1970 (Ga. Laws 1970, p. 144);
(3) An Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1094);

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(4) An Act known as the "Development Authorities Law," ap proved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, par ticularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 708); and
(5) An Act creating the "Municipal Electric Authority of Georgia," approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended.

Section 5. Construction of Act. The provisions of this Act shall be liberally construed to effect the purposes hereof, and insofar as the provi sions of this Act may be inconsistent with the provisions of the Georgia Constitution under circumstances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution or the provisions of any law, including any general, local, or special Act of the General Assembly creating or activating any municipality, this Act shall control.

Section 6. Severability. The provisions of this Act are hereby declared to be severable. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason what soever, the remainder of this Act, or the application of the provision to other circumstances, shall not be affected thereby.

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

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

On the adoption of the substitute to SB 36 offered by Senator Barnes of the 33rd, 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 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 Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster

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409

Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy
Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens
Stumbaugh

Not voting was Senator Holloway (excused) On the passage of the bill, the yeas were 55, nays 0.

Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker
Wessels

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 122. By Representatives Steinberg of the 46th, Swann of the 90th, Richardson of the 52nd and others: A bill to amend Code Title 88, known as the Georgia Health Code, so as to provide for a new chapter creating a bill of rights for residents of longterm care facilities.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 83. By Senators Cobb of the 28th and English of the 21 st: A bill to amend Code Chapter 105-18, relating to defenses against torts, as amended, so as to provide immunity from liability for care, assistance, or advice relating to certain dangerous incidents involving compressed gases; to provide for exceptions.
Senator Cobb of the 28th moved that SB 83 be postponed until February 26.

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On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 83 was postponed until February 26.

SB 1. By Senators Turner of the 8th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to SB 1:

A BILL
To be entitled an Act to provide for the regulation of certain dealers in precious metals and stones; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones; to specify the content and form of such records; to provide for the inspection of said records by duly authorized law enforcement officers; to provide for certain requirements and unlawful activities and for penalties in connection therewith; to provide for registration; to provide that local laws are not superseded; 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. Definitions. As used in this Act, the term:
(1) "Dealer in precious metals and stones" means:
(A) Any person engaged in the business of purchasing gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones from persons or sources other than manufacturers or
(B) Any person engaged in any other business if, in conjunction with such business, gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones are purchased from persons or sources other than manufacturers
where the said purchase is for resale in its original form or as changed by remounting, melting, reforming, remolding, or recasting or for resale as scrap or in bulk.
(2) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organiz ed.

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411

Section 2. Permanent records required; content, (a) Every dealer in precious metals and stones shall maintain a book, in permanent form, in which shall be entered in legible English at the time of each purchase of gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones the following informa tion:
(1) The date of the purchase transaction;
(2) The name of the person making the purchase from the seller;
(3) The name, age, and address of the seller of the items purchas ed; a description of the general appearance of such seller; and the distinctive number from such seller's driver's license or other similar identification card;
(4) A clear and accurate identification and description of the pur chased goods, including, if reasonably available, the serial, model, or other number, and all identifying marks inscribed thereon;
(5) The price paid for the goods purchased;
(6) The number of the check issued for the purchase price if pay ment is made by check; and
(7) The signature of the seller.
(b) The permanent record book required herein shall be maintained for each purchase of gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones for at least four years.
Section 3. Manner of recording entry. Entries shall appear in chronological order in ink. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authoriz ed law enforcement officer during the ordinary hours of business or at any reasonable time.
Section 4. Requirements; unlawful activities; penalties, (a) It shall be unlawful for any dealer in precious metals and stones or any agent or employee of a dealer in precious metals and stones who makes purchases of gold, silver, or other precious metals and stones or of goods made from gold, silver, or other precious metals and stones to:
(1) Fail to maintain and make entries in the permanent record book as required by Sections 2 and 3 of this Act; or
(2) Make any false entry therein; or
(3) Falsify, obliterate, destroy, or remove from the place of business such permanent record book; or

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(4) Refuse to allow any duly authorized law enforcement officer to inspect such permanent record book, or any gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones in his possession, during the ordinary hours of business or at any reasonable time; or
(5) Purchase any gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones from a minor unless the parent or guardian of the minor consents in writing to the sale; or
(6) Sell, exchange, or remove from the place in which said business is conducted or to alter the form of any gold, silver, or other precious metals and stones or goods made from gold, silver, or other precious metals and stones purchased by remounting, melting, cutting up, or otherwise altering the original form until six o'clock P.M. of the fifth business day after the day on which the purchase or acquisition is consummated; or
(7) The provisions of paragraph (6) of this section relating to the sale of precious metals and stones until six o'clock P.M. of the fifth business day after the day on which the purchase or acquisition is consummated shall not apply to gold coins issued by the government of a foreign country.
(b) Any person violating any provision of subsection (a) of this sec tion shall be guilty of a misdemeanor.
Section 5. Registration, (a) Every dealer in precious metals and stones shall be required to register with an official, office, or division of the county or municipal government in the county or municipality in which said business is operated.
(b) The governing authority of each county and municipality shall specify by ordinance or resolution, to be adopted by September 1, 1981, the manner in which such registration shall be made and all matters relative thereto.
Section 6. Local laws not superseded. Nothing herein shall supersede existing local laws nor relieve a dealer in precious metals and stones from the necessity of complying with them. The requirement of local laws shall be construed as cumulative to the provisions of this Act.
Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Engram of the 34th offered the following amendment:

Amend the substitute to SB 1 offered by the Senate Committee on In dustry, Labor and Tourism by adding on Page 4 at line 10 after the word "writing" the words "and notarized".

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413

On the adoption of the amendment offered by Senator Engram of the 34th to the substitute to SB 1 offered by the Senate Committee on Industry, Labor and Tourism, the yeas were 34, nays 0, and the amendment to the committee substitute
was adopted.

Senators Greene of the 26th and Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 1 offered by the Senate Committee on In dustry, Labor and Tourism by removing the word "misdemeanor" on line 29, Page 4, and inserting the word "felony" on line 29, Page 4.

On the adoption of the amendment offered by Senators Greene of the 26th and Allgood of the 22nd to the substitute to SB 1 offered by the Senate Committee on In dustry, Labor and Tourism, the yeas were 29, nays 5, and the amendment to the committee substitute was adopted.

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 1 offered by the Senate Committee on In dustry, Labor and Tourism by adding on Page 3 at the end of line 16 a new Section 3B as follows:
"B. Any dealer in precious metals and stones shall photograph each article purchased, individually or collectively, so long as the photograph shows with reasonable clarity each article received, and place said photographs in a place of public display on the premises of the dealer for a period beginning not less than 24 hours after receipt and continuing thereafter for a period of not less than 30 days."

Senator Barker of the 18th offered the following amendment:

Amend the amendment offered by Senator Allgood of the 22nd to the substitute to SB 1 offered by the Senate Committee on Industry, Labor and Tourism by adding at the end of the amendment the following:
"Each photograph provided for in this Section shall have written on the reverse side of the photograph the name and address of the per son from whom the article was purchased.''

On the adoption of the amendment offered by Senator Barker of the 18th to the amendment offered by Senator Allgood of the 22nd to the substitute to SB 1 offered by the Senate Committee on Industry, Labor and Tourism, the yeas were 36, nays 4, and the amendment to the amendment to the committee substitute was adopted.

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On the adoption of the amendment offered by Senator Allgood of the 22nd to the substitute to SB 1 offered by the Senate Committee on Industry, Labor and Tourism, Senator Turner of the 8th called for the yeas and nays; the call was sus tained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Barnes Bond Bowen Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner
Qillis Greene Hill Horton Howard Hudson
Kidd Lester Littlefield

McGill McKenzie Reynolds
Robinson Scott Starr Stephens
Stumbaugh Summers Sutton Tate Thompson Timmons
Trulock Walker Wessels

Those voting in the negative were Senators:

Bell Hudgins

Kennedy Land

Turner Tysinger

Not voting were Senators Brannon and Holloway (excused).

On the adoption of the amendment offered by Senator Allgood of the 22nd to the substitute to SB 1 offered by the Senate Committee on Industry, Labor and Tourism, the yeas were 48, nays 6, 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:

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415

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting were Senators Brannon and Holloway (excused).

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

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

Senator Lester of the 23rd introduced the doctor of the day, Dr. Pierce Blitch, of Augusta, Georgia.

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

SB 4. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; to provide for seminars; to provide for qualifications of Referees.

The Senate Committee on Special Judiciary offered the following substitute to SB 4:
A BILL
To be entitled an Act to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their

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election, compensation, terms of office and appointment; to provide for seminars; to provide for qualifications of Referees; to provide for other matters relative to the above; to provide an effective date; to repeal con flicting laws; and for other purposes.
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 striking Code Section 24A-201 in its en tirety and inserting in lieu thereof the following new Code Section 24A-201:
"24A-201. Juvenile Courts; Judges; Seminars, (a) There is hereby created a juvenile court in each county and the judge of that court shall be the judge or judges of the juvenile court of the judicial circuit encompassing that county, except that when full-time juvenile court judges are not authorized by this Code, there shall be part-time juvenile court judges of the judicial circuit encompassing that county.
(b)(l| There shall be and hereby is provided a judge of the juvenile court to sit as a full-time juvenile court judge for each superior court judicial circuit that has, according to the official United States Census of 1980 or any future such census, 40,000 or more children under the age of eighteen, except that in the Atlanta and Stone Mountain judicial circuits, there shall be two juvenile court judges and in the Clayton Judicial Circuit there shall be one juvenile court judge. The General Assembly shall add an additional judge, to be selected as provided in this section, to a judicial circuit for each 40,000 increment in the population of children under the age of eighteen in that circuit, ac cording to the official United States Census of 1980 or any future such census. When a judicial circuit has two or more full-time juvenile court judges, one of them shall be designated as presiding judge.
(2) Said juvenile court judges shall be compensated by the State in the amount of $37,000.00 per annum and shall receive reimburse ment for travel expenses in the same amount and manner as State employees.
(c)(l) There shall be and hereby is provided a part-time judge of the juvenile courts for each judicial circuit that does not have 40,000 children under the age of eighteen, according to the official United States Census of 1980 or any future such census.
(2) Minimum compensation for part-time judges of the juvenile court shall be paid by the State, based on the number of children in the judicial circuit under the age of eighteen, according to the official United States Census of 1980 or any future such census, and shall be in the amounts per annum as follows: in circuits with 25,000--39,999 children, $30,000.00; in circuits with 18,000--24,999 children, $22,000.00 in circuits with less than 18,000 children, $15,000,00. All part-time judges of the juvenile courts shall receive reimbursement for travel expenses in the same amount and manner as State employees.

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(3) The county is hereby authorized to supplement the compensa tion of the judge of the juvenile court of that county, whether the judge is a full-time or part-time judge, without further local legisla tion. In no event shall the compensation of a juvenile court judge in a circuit, if retained in office, be reduced on July 1, 1983. Should that compensation exceed the salary authorized to be paid by the State under Code Section 24A-201(b)(2), the difference shall be paid through supplements from the county or counties of the circuit. If the circuit is composed of more than one county, each county shall pro vide a part of the supplement proportionate to the county's proportion of the circuit's total population under eighteen.
(4) Part-time judges of the juvenile courts shall be allowed to engage in the practice of law; but no part-time judge of the juvenile court shall, directly or indirectly, engage in the practice of law in any case or matter over which a juvenile court has jurisdiction or which arises, directly or indirectly, from a proceeding in his court.
(d) All judges of the juvenile courts shall, at the time of appoint ment, have attained thirty years of age, shall be a resident of the cir cuit, shall be a citizen of the State for three years, and shall have been a member of the State Bar of Georgia for five years.
(e) All judges of the juvenile courts shall participate in at least one seminar established by the Council of Juvenile Court Judges each year and shall be reimbursed for reasonable expenses incurred in attend ing these seminars in the manner provided by the Council of Juvenile Court Judges. Said judges shall not exercise juvenile court jurisdiction after the first day of July, 1985, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his initial appointment as judge.
jf) Any judge appointed pursuant to this Code title who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan created by local legislation and a con tributing member thereof, shall have the option of continuing as a member with county contributions and benefits as other members by notifying the offices of said pension plan and the office of the Trial Judges and Solicitors Retirement Fund of the State office of such elec tion in writing within 30 days after his appointment. Thereupon the judge shall be continued as a member without interruption of credited service and the judge shall have deducted thereafter from the total salary paid by the State and county for the judge's services in percent age amounts as is provided for members' contributions, which shall be paid into the pension plan created by local legislation. Nothing in this Code section shall be construed as prohibiting a judge from becoming a member of the Trial Judges and Solicitors Retirement Fund of the State as a juvenile court judge at such time as he withdraws further contributions to the pension plan created by local legislation and so notifies the offices of the Trial Judges and Solicitors Retirement Fund of the State in writing."
Section 2. Said Code Title is further amended by adding at the end of Code Chapter 24A-2, relating to the creation of juvenile courts, a nev/ Code Section 24A-202 to read as follows:

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"24A-202. Selection and Appointment of Judges. Upon creation of a juvenile court, the judge or a majority of judges of the superior court circuit encompassing the jurisdiction of the juvenile court shall ap point the judge or judges of the juvenile court for a term of six years. Said judges of the juvenile courts shall be eligible for reappointment at the conclusion of their six-year term and at the conclusion of each suc ceeding six-year term."
Section 3. Said Code Title is further amended by adding at the end of Code Chapter 24A-5, relating to Council of Juvenile Court Judges, a new Code Section 24A-502 to read as follows:
"24A-502. Training Seminars, (a) The Council of Juvenile Court Judges shall establish seminars for all juvenile court judges and ap pointees and may make provisions relative to those seminars.
(b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family struc ture and such other training and activities as the Council may deter mine would promote the quality of justice in the juvenile court system.
(c) Expenses of administration of this seminar program and reasonable expenses incurred by the judges and appointees in attend ing these seminars shall be paid from State funds appropriated to the Council for that purpose, or from federal funds available to the Coun cil for that purpose or from other appropriate sources."
Section 4. Said Code Title is further amended by striking from subsection (a) of Code Section 24A-701, relating to Referees in juvenile matters, the following:
"A Referee shall be a member of the State Bar of Georgia or be otherwise qualified for his duties by training and experience.",
and inserting in lieu thereof the following:
"A Referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person ser ving as a Referee on July 1, 1983, shall be qualified for appointment to thereafter serve as a Referee.",
so that when so amended, subsection (a) shall read as follows:
"(a) The judge may appoint one or more persons to serve as Referee in juvenile matters on a full or part-time basis. The Referee shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which he is appointed, from county funds. A Referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a Referee on July 1, 1983, shall be qualified for ap pointment to thereafter serve as a Referee."

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419

Section 5. This Act shall become effective July 1, 1983.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

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

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Bowen Brantley Broun of 46th Bryant Cobb Coleman Eldridge Engram

Evans Fincher of 54th Foster Garner Horton Howard Hudgins Hudson Kidd Land Littlefield McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Trulock Tysinger Wessels

Those voting in the negative were Senators:

Allgood Ballard Brannon Brown of 47th Deal Dean

English Fincher of 52nd Gillis Greene Hill Kennedy

Lester McGill Sutton Timmons Turner Walker

Not voting were Senators Coverdell and Holloway (excused)

On the passage of the bill, the yeas were 36, nays 18.
The bill, having received the requisite constitutional majority, was passed by substitute.

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

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HB 122. By Representatives Steinberg of the 46th, Swann of the 90th, Richardson of the 52nd and others:
A bill to amend Code Title 88, known as the Georgia Health Code, so as to provide for a new chapter creating a bill of rights for residents of longterm care facilities.
Referred to Committee on Human Resources.

The President announced that the Senate would stand in recess from 12:25 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 bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 30. By Senators Thompson of the 32nd, Dean of the 31 st, Fincher of the 52nd and others:
A bill to amend Code Section 24A-401, providing for definitions to be used in the Juvenile Court Code of Georgia, as amended, so as to provide that failure to appear and answer certain citations shall constitute a delinquent act; to amend Code Section 58-612.1, changing the legal age at which persons can purchase or possess alcoholic beverages.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 30 by striking from Page 3, lines 10 and 11, and from Page 4, lines 14 through 16, the following:

"A person failing to appear as required by a citation shall be guilty of a misdemeanor.''

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Bell Bond Brannon

Broun of 46th Brown of 47th Cobb

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421

Coleman Deal Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bowen Brantley Bryant

Coverdell Dean Holloway (excused) Littlefield

Summers Sutton Tate Timmons

On the passage of the bill, the yeas were 44, nays 0.

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

SB 33. By Senator Kidd of the 25th:
A bill to amend Code Section 45-213, relating to compliance to laws and regulations relating to hunting or fishing areas, as amended, so as to change the penalty provisions; to provide an effective date.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 33:

A BILL
To be entitled an Act to amend Code Chapter 45-7, relating to general provisions concerning fishing, as amended, so as to specify requirements for public fishing areas; to prohibit certain activities; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 45-7, relating to general provisions concerning fishing, as amended, is hereby amended by renumbering Code Sectio 45-732 as Code Section 45-733 and inserting in lieu thereof a new Code Section 45-732 to read as follows:

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"45-732. Public Fishing Areas, (a) It shall be unlawful for any per son to fish at any time in any pond or lake on a public fishing area which has been posted 'closed' by the Department for purposes of fisheries' management.
(b) It shall be unlawful for any person to take in one day or possess at any one time more than the following limits of fish caught from public fishing areas:
(1) Twenty-five of any one, or a combination, of the game species of bream or sunfish;
(2) Five largemouth bass;
(3) Five channel catfish;
provided, however, the creel and possession limit for Rum Creek Public Fishing Area shall be the same as provided in Code Section 45-713.
(c) It shall be unlawful for any person to fish with any gear other than pole and line, and no person shall fish with more than two poles and lines at any public fishing area; provided, however, there shall be no limit on the number of poles and lines used by any person on Rum Creek Public Fishing Area; provided, further, that the use of fish baskets on the Lake Juliette portion of the Rum Creek Public Fishing Area in a manner consistent with Code Section 45-804 shall not be unlawful.
(d) It shall be unlawful to fish at any public fishing area except during the time between sunrise and sunset; provided, however, this subsection shall not apply to Rum Creek Public Fishing Area.
(e) It shall be unlawful for any person to use live fish for bait at any public fishing area except in lakes or ponds posted as being open to the use of live fish for bait.
(f) It shall be unlawful to operate any boat motor, except electric motors, on any public fishing area; provided, however, it shall not be unlawful to operate any boat motor of 20 horsepower or less on Rum Creek Public Fishing Area.
(g) It shall be unlawful to launch or operate any boat at Ar rowhead Public Fishing Area.
(h) It shall be unlawful on any public fishing area for any person to drive or otherwise operate a vehicle on any road posted 'closed' to vehicular access, to drive around a closed gate or cable blocking a road, or to drive on any road that is not 'improved,' that is, receiving maintenance for the purpose of vehicular access.
(i) It shall be unlawful for any person to camp anywhere on any public fishing area except in those areas designated by appropriate signs as camping areas.

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423

(j) It shall be unlawful for any person to utilize the waters of any public fishing area for recreational swimming; provided, however, this subsection shall not apply to Rum Creek Fishing Area.
(k) It shall be unlawful for children under 16 years of age to enter any public fishing area unless accompanied by an adult.
(1) It shall be unlawful for any person who has fished at a public fishing area to refuse to allow Department personnel to count, measure, and weigh his catch.
(m) At the Arrowhead, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person to fish except on Wednesdays, Saturdays, and Sundays; provided, however, this pro hibition shall not apply to Memorial Day, Independence Day, or Labor Day.
(n) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person:
(1) To fish at any time between November 1 and March 1;
(2) To fish unless he has checked in at the Department checking station located at the area;
(3) If he is sixteen years of age or older, to fish without having in his possession a valid $ 1.00 daily permit, unless he holds an honorary fishing license;
(4) Who has fished at the area to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is un necessary; or
(5) To fish who refuses to leave his Georgia fishing license at the checking station if requested by any authorized personnel of the Department."
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 40, nays 0, and the substitute was adopted.

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

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

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Those voting in the affirmative were Senators:

Allgood Ballard
Barker Barnes Bell Bond Brannon Brantley
Broun of 46th Brown of 47th Bryant
Cobb Coleman
Deal Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Horton Howard
Hudgins Hudson
Kennedy Kidd Land Lester

Littlefield McGill
McKenzie Reynolds Robinson Scott Starr Stephens
Stumbaugh Summers Tate
Thompson Timmons
Turner Tysinger Walker Wessels

Voting in the negative were Senators Sutton and Trulock. Those not voting were Senators:

Bowen

Coverdell

Holloway (excused)

On the passage of the bill, the yeas were 51, nays 2.

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

SB 47. By Senator Barnes of the 33rd:
A bill to amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation so as to repeal the provi sions relating to suits against the State Division of Conservation or any of the departments thereunder and 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 Ballard Barker

Barnes Bell Bond

Brannon Brantley Broun of 46th

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425

Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy
Kidd Land Lester McGill McKenzie Reynolds

Those not voting were Senators:

Bowen Coverdell

Holloway (excused) Littlefield

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

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

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

SB 52. By Senator Barnes of the 33rd:
A bill to amend Code Section 95A-601, relating to the right to acquire property for public road and other transportation purposes, so as to change the maximum period of time within which property may be ac quired for future public transportation purposes.

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

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

Those voting in the affirmative were Senators:

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

Bryant Cobb Coleman Deal of 49th Dean of 31st Eldridge English Engram Evans Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy

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Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stephens Summers Sutton Tate

Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Coverdell

Fincher of 52nd Holloway (excused)

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

Stumbaugh

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

SB 61. By Senator Fincher of the 54th:
A bill to amend Code Section 32-903.1, relating to certain persons not be ing eligible to serve on county boards of education, so as to change cer tain school board member eligibility requirements for employees of that board; to provide for applicability; 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker

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427

Those voting in the negative were Senators:

Barnes Coleman

Hill Thompson

Wessels

Not voting were Senators Coverdell and Holloway (excused).

On the passage of the bill, the yeas were 49, nays 5.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act relating to health insurance coverage for State employees, as amended, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five per cent to eight percent of the total outlay for personal services.
The House amendment was as follows:
Amend SB 14 by inserting in line 7 on Page 1 between the word "State" and the word "to" the following:
"to change the provisions relative to continuation of coverage by former employees;".
By redesignating Sections 2 through 4 as Sections 3 through 5 and by adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding at the end of the first sentence of Section 8B, immediately preceding the period, the following:
';provided, however, that any such person who was eligible to retire at the time such person left office or ceased to be employed, ex cept for the attainment of retirement age, pursuant to a public retire ment system created by law to which the General Assembly ap propriates funds, shall be entitled to continue full coverage and par ticipation, including coverage for the spouse and dependent children of such person, in the health insurance plan by continuing to pay the premium which is paid by an active state employee.' "

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The fiscal note to the House amendment was as follows:

Although SB 14 only authorizes a maximum payment to health in surance and, thereby, does not require appropriation, the cost to increase the employer contribution from 4.25% to 6.5% is shown as follows:

FY 1981 FY 1982

State Funds Approximately $3 million
13 million

The Governor has included $1 million in the budget for FY 1981 and $13 million for FY 1982.

Senator Starr of the 44th moved that the Senate disagree to the House amend ment to SB 14.

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 14.

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

SB 69. By Senator Coverdell of the 40th:
A bill to amend Code Title 105, relating to torts, as amended, so as to pro vide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care.

Senator Greene of the 26th moved that SB 69 be postponed until February 16.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 69 was postponed until February 16.

SB 85. By Senator Hudgins of the 15th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act," as amended, so as to change the time price dif ferential on revolving accounts.

The report of the committee, which was favorable to the 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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429

Those voting in the affirmative were Senators:

Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Littlefield McGill McKenzie

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

Those voting in the negative were Senators:

Allgood Ballard Barker

Garner Hill

Lester Sutton

Those not voting were Senators:
Bowen Coverdell Holloway (excused)

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

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

SB 86. By Senator Hudgins of the 15th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act," as amended, so as to change the time price dif ferential on retail installment contracts; to provide for certain editorial changes.
The report of the committee, which was favorable to the 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:

Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Littlefield

Those voting in the negative were Senators:

Allgood Ballard Barker

English Hill Lester

Those not voting were Senators:

Coverdell

Holloway (excused)

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Ty singer Wessels
Starr Walker
Trulock

On the passage of the bill, the yeas were 45, nays 8.

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

Senator Sutton of the 9th 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 Senate:

SB 33. By Senator Kidd of the 25th:
A bill to amend Code Section 45-213, relating to compliance to laws and regulations relating to hunting or fishing areas, as amended, so as to change the penalty provisions; to provide an effective date.

Senator Starr of the 44th resumed the Chair at the direction of the President.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

THURSDAY, FEBRUARY 12, 1981

431

SB 96. By Senators Thompson of the 32nd and Turner of the 8th:
A bill to amend Code Chapter 26-16, relating to burglary and related offenses, as amended, so as to prohibit the possession of certain precious metals melting equipment; to provide for presumptions; to provide for penalties.

Senators Barnes of the 33rd and Allgood of the 22nd offered the following amendment:

Amend SB 96 by striking lines 17 through the word "herein" on line 21.

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard
Barker Barnes
Bell Bond Bowen Brannon Brantley
Brown of 47th Brvant
Cobb Coleman
Deal Dean Eldridge English

Engram Evans
Fincher of 54th Foster
Garner Gillis Greene Hill Horton
Howard Hudson
Kennedy Kidd
Land Lester McGill

McKenzie Reynolds
Robinson Scott
Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons
Trulock Turner
Tysinger Walker Wessels

Voting in the negative were Senators Hudgins and Littlefield.

Those not voting were Senators:

Broun of 46th Coverdell

Fincher of 52nd Holloway (excused)

Starr (presiding)

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 2.

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

SB 100. By Senators Gillis of the 20th, English of the 21st and Walker of the 19th:
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, as amended, so as to delete the provi sion which requires the proceeds derived from the sale of seeds to be paid into the general fund to the 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engrain Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Coverdell

Hill Holloway (excused)

Starr (presiding) Stumbaugh

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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433

The President resumed the Chair.

SB 101. By Senators Gillis of the 20th, English of the 21st and Walker of the 19th:
A bill to amend an Act requiring notice before burning any woods, lands, or marshes and providing for other matters relative to the foregoing so as to delete the requirement that such requirement shall only apply in those counties which recommend such notice.

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

On the passage of the bill, a roll cal 1 was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Bryant Coverdell

Evans Hill

Holloway (excused) Thompson

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

SB 116. By Senator Trulock of the 10th:
A bill to amend an Act known as the "Postsecondary Educational Authorization Act of 1978" so as to change the provisions relating to ex emptions from the provisions of the Act; to provide an effective date.

The Senate Committee on Education offered the following amendment:

Amend SB 116 by striking the following:

'"(h) Liberal arts colleges and universities operating in Georgia and chartered prior to 1955 as nonprofit, degree-granting institu tions.' ",

and inserting in lieu thereof the following:

'"(h) Liberal arts colleges and universities chartered prior to 1955 with the central campus located in Georgia and which are nonprofit, degree-granting institutions.' "

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

Senator Trulock of the 10th offered the following substitute to SB 116:

A BILL
To be entitled an Act to amend an Act known as the "Postsecondary Educational Authorization Act of 1978," approved April 3, 1978 (Ga. Laws 1978, p. 1571), so as to change the provisions relating to exemp tions from the provisions of the Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Postsecondary Educational Authorization Act of 1978," approved April 3, 1978 (Ga. Laws 1978, p. 1571), is hereby amended by adding at the end of Section 3, relating to exemptions, a new subsection, to be known as subsection (h), to read as follows:
"(h) Liberal arts colleges and universities operating in Georgia and chartered prior to 1955 as nonprofit, degree-granting institutions, provided that they are either a candidate for accreditation or ac credited by a regional or national accrediting agency recognized by the United States Department of Education."

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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.

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 passage of the bill as amended, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal of 49th Dean of 31st Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Coverdell

Holloway (excused)

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

Timmons

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

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SB 119. By Senators Littlefield of the 6th and Barnes of the 33rd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence in general, so as to provide that when evidence of the character of a per son is admissible in a civil or criminal action, the testimony of the witness may include the personal knowledge and belief of the witness as to the person's character as well as the witness's knowledge of the general character and reputation of the person.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal of 49th Dean of 31st Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Allgood Coverdell

Gillis Hill

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

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Holloway (excused) Tate

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

SB 121. By Senator Hudson of the 35th:
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 prosecuting attorney and to make other changes relative to such demands for trial.

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The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 121 by striking on Page 2, from line 2, the word "acknowledgement", and inserting in lieu thereof the following:
"certificate".

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

Senator Barnes of the 33rd offered the following amendment:

Amend SB 121 by striking on line 14 the following: "other than one for which the death penalty may be imposed''.

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

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

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

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

Voting in the negative was Senator Ballard.

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Those not voting were Senators:

Allgood
Coverdell Eldridge

Gillis Hill

Holloway (excused) Littlefield

On the passage of the bill, the yeas were 48, nays 1.

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

SB 122. By Senator Hudson of the 35th:
A bill to repeal in its entirety Code Section 26-2105, relating to engaging in conduct constituting public indecency during the course of a play, night club act, motion picture, television production, or other exhibition or mechanical reproduction of human conduct and counseling persons to participate in such conduct.

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

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Horton Howard Hudgins Kennedy Kidd Land Lester McKenzie Reynolds

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

Those not voting were Senators:

Allgood Coverdell Eldridge

Gillis Hill Holloway (excused)

Hudson Littlefield McGill

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439

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

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

SB 142. 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 o"gthaesr".facilities, as amended, so as to change the definition of the term

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

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

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

Those not voting were Senators:

Allgood Coverdell

Gillis Hill

Holloway (excused) Littlefield

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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SB 159. 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.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Coverdell Holloway (excused)

Howard Hudson

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Littlefield

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

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

SB 201. By Senators Hudgins of the 15th, Eldridge of the 7th, Littlefield of the 6th and others:
A bill to provide for law enforcement officers' procedural due process; to provide for a short title; to provide for applicability; to provide for specific rights of law enforcement officers; to provide for investigations; to provide for hearings before punitive actions; to provide for severabili-

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441

Senator Timmons of the llth moved that SB 201 be committed to the Commit tee on Public Safety.

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:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester

Those voting in the negative were Senators:

Eldridge Evans Hudgins

Hudson Stephens

Those not voting were Senators:

Coverdell

Holloway (excused]

McGill McKenzie Reynolds Robinson Scott Starr Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker
Stumbaugh Wessels
Littlefield

On the motion, the yeas were 46, nays 7; the motion prevailed, and SB 201 was committed to the Committee on Public Safety.

SB 202. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation," as amended, so as to provide that all counties in the state shall notify the Georgia Department of Transportation when a road or street is abandoned or added to the road system of the county.

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 Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Coverdell Eldridge

Greene Holloway (excused)

Reynolds Starr

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

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

SB 203. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Chapter 95A-9, relating to the regulation of public roads, as amended, so as to authorize the issuance of trimming permits for the trimming of vegetation obscuring the visibility of signs; to provide procedures and requirements in connection therewith.

The Senate Committee on Transportation offered the following substitute to SB 203:

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

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March 28, 1974 (Ga. Laws 1974, pp. 1422, 1433); an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 265), so as to authorize the Department to promulgate rules and regulations governing the trimming of trees and vegetation on the state's rights-of-way; to provide for the appointment by the Commissioner of the Department of Transportation of an Outdoor Advertising Council; to provide for the duties of such council; to provide for the issuance by the Commissioner of the Department of Transporta tion of tree trimming permits and renewals thereof; to provide for the establishment of permit fees and annual renewals of such permits; to provide for the payment of compensation and expenses to members of such council; 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. 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, 1433), an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 265), is hereby amended by inserting in Code Section 95A-920, relating to the authority of the department to promulgate regulations, after the comma and the word "Article" and before the word "consis tent" the following:
"and the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights-of-way autho rized by Section 95A-934.4 hereof."
so that when so amended Code Section 95A-920 shall read as follows:
"95A-920. Authority of Department to Promulgate Regulations. The department is hereby authorized to promulgate rules and regula tions governing the issuance and revocation of permits for the erec tion and maintenance of outdoor advertising authorized by Sections 95A-915 and 95A-915.1 hereof and which are not prohibited by the provisions of this Article, and the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights-of-way authorized by Section 95A-934.4 hereof, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this Article, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code, 'Highways'. The department is further authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this Article."
Section 2. Said Code Title is further amended by adding thereto a new Section 95A-934.3, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows:
"95A-934.3 Outdoor Advertising Citizens Advisory Council. The commissioner shall appoint an Outdoor Advertising Citizens Advisory Council composed of seven members. The council shall include the Chairman of the Senate Transportation Committee; the Chairman of

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the House Highway Committee; a member from the Georgia Conser vancy; a member from the Garden Clubs of Georgia, Inc.; two members with business interest in the outdoor advertising industry; and the Director of the Operations Division of the Georgia Depart ment of Transportation.
"Such Advisory Council shall aid the commissioner in for mulating policies and discussing problems related to the administra tion of this chapter. In addition, said council shall advise the commis sioner on the standards and policies to be used by the department in the following specific areas:
"(a| Study whether the trimming of trees and vegetation on state's rights-of-way should be permitted in front of legal and nonconforming outdoor advertising signs.
"(b) If the commissioner after consultation with the Advisory Council determines that such trimming should be permitted, the Ad visory Council shall advise the department on the manner and stan dards under which such permits should be granted by the department as well as the standards for the maintenance of such trimmed areas. Provided, further, that an applicant for a tree trimming permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department, shall contain the signature of the appli cant and such other information as may be required by the depart ment's rules and regulations. The applicant shall attach to the applica tion form either a copy of the landscape plan for the area desired to be trimmed and after approval by the department shall trim the area at its own expense or shall request that the department develop a land scape plan and trim the area and the applicant shall then reimburse the department for the plan and the trimming. An application fee of $25.00 shall accompany the application for each tree trimming permit and both the application and the fee shall be submitted to the depart ment. There shall be a fee of $25.00 for the annual renewal of the per mit. The money received from these permit fees shall be used to help defray the expenses of administering the provisions of this subsection, any provisions of 91A-214, as amended, to the contrary notwithstand ing.
"(c) The Advisory Council shall meet within 60 days after the ef fective date of this Act to elect a chairman and vice-chairman and to establish the rules governing its operation. The Advisory Council shall meet at the call of the chairman and shall meet not less than semi-annually nor more than 12 times per year. Each Advisory Council member shall be compensated at a rate of $44.00 per day and shall be reimbursed for any necessary expenses. Any full-time state employee on the council shall draw no compensation but shall receive necessary expenses. The Commissioner of Transportation is authorized to pay from department funds the compensation and expenses."
Section 3. Said Code Title is further amended by adding thereto a new Section 95A-934.4, which shall be inserted in its appropriate numerical order within the "Georgia Code of Public Transportation" and which shall read as follows:

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445

"95A-934.4 Permits for trimming. Notwithstanding any other pro visions of Code Title 95A, relating to the 'Georgia Code of Public Transportation', the commissioner shall have the authority to issue permits and the annual renewal thereof for the trimming of trees and vegetation on the state's rights-of-way for the purposes of administer ing this chapter."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. 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 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 Bell Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal English Engram Fincher of 54th

Foster Garner Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Timmons Turner Tysinger Walker Wessels

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Those voting in the negative were Senators:

Barker
Barnes
Brannon Brantley

Dean
Eldridge
Evans Horton

Those not voting were Senators:

Coverdell Fincher of 52nd

Holloway (excused) Land

Stumbaugh Sutton Thompson
Trulock

On the passage of the bill, the yeas were 40, nays 11.

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

SB 242. By Senators Reynolds of the 48th, Deal of the 49th and Brown of the 47th:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to change the provisions relating to the length of certain vehicles, trailers, and loads.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

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447

Those not voting were Senators:

Bell Coverdell Hill

Holloway (excused) Land

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

Stumbaugh Tysinger

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

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

SR 18. By Senator Kidd of the 25th:
A resolution to designate the Dames Ferry Bridge; to repeal a specific resolution.

Senator Kidd of the 25th moved that SR 18 be postponed until February 16.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 18 was postponed until February 16.

SR 29. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

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 Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

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Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers

Sutton Tate Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Bell Bryant Coverdell

Holloway (excused] Hudson Land

Starr Thompson Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 31. By Senator Brown of the 47th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey to the United States Government certain tracts and parcels of State-owned property; to provide an effec tive date.

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 Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal Dean

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

Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr

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449

Stumbaugh Summers Sutton Tate

Thompson Timmons Trulock

Turner Walker Wessels

Voting in the negative were Senators Barnes and Engram.

Those not voting were Senators:

Bell Brantley
Bryant

Coverdell Evans
Holloway (excused)

Stephens Tysinger

On the adoption of the resolution, the yeas were 46, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
HB 39. By Representatives Steinberg of the 46th, Culpepper of the 98th, Walker of the 115th and others: A bill to amend Code Chapter 30-2, relating to alimony, so as to state fac tors which must be considered in determining whether to grant perma nent alimony. Senate Sponsor: Senator Wessels of the 2nd.
At 5:00 o'clock P.M., the time for adjournment pursuant to HR 190, the Presi dent announced the Senate adjourned until 10:00 o'clock A.M., February 16.

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Senate Chamber, Atlanta, Georgia Monday, February 16, 1981

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

Senator Barker of the 18th reported that the Journal of the proceedings of Thursday, February 12, 1981, 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 424. By Representatives Hawkins of the 50th, Richardson of the 52nd, Clark of the 55th and others:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensa tion of the chairman and members of county boards of education of cer tain counties.

HB 447. By Representatives Moore and Smith of the 152nd:
A bill to amend an Act creating the charter for the City of Douglas, so as to change the provisions relating to the levy and collection of ad valorem taxes.

HB 448. By Representatives Moore and Smith of the 152nd:
A bill to provide a new charter for the City of Broxton, Georgia, in the County of Coffee; to provide for incorporation, powers and boundaries of said city.

HB 452. By Representative Castleberry of the 111th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to remove certain restrictions upon the amount of compensation which may be paid the clerk of said board.

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451

HB 470. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Court in each county in this state having a population of not less than 23,500 and not more than 24,100 according to the last United States Census of 1960 or any future such census."

HB 491. By Representative Chambless of the 131 st:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions respecting meetings of the Authority.

HB 492. By Representative Chambless of the 131 st:
A bill to amend an Act creating the Albany Dougherty Payroll Develop ment Authority, so as to authorize the Authority to issue revenue bonds with such rates of interest as are authorized by the board of directors of the Authority.

HB 493. By Representative Wall of the 61st:
A bill to amend an Act establishing the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial; to provide that the procedure for a demand for trial in the State Court of Gwinnett County shall conform to the general laws of the state.

HB 494. By Representative Wall of the 61st:
A bill to amend an Act creating the Recorder's Court of Gwinnett Coun ty, so as to change the length of the term of the judge of the recorder's court; to provide for employment of a solicitor of that court.

HB 495. By Representative Nicholson of the 88th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for an additional method of executing employment contracts to allow the Superintendent to execute employ ment contracts through the use of a facsimile signature under the rules and regulations as approved by the Board of Education.

HB 497. By Representative Mostiler of the 71st:
A bill to amend an Act creating a new charter for the City of Griffin, so as to provide for the election of the chairman of the board of commis-

HB 508. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries, elections and registration of electors.

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HB 509. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Georgia Laws 1980, p. 2162, to provide for the governing authority of Richmond County to grant a discount for early payment of county ad valorem taxes; to provide for the amount of the discount.

HB 510. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Georgia Laws 1980, p. 2162; to provide for the governing authority of the Public School System of Richmond County to grant a discount for early payment of school ad valorem taxes; to provide for the amount of the discount.

HB 511. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for biennial elections for purposes of select ing members of the Board of Education.

HB 517. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the office of tax commissioner of Jeffer son County, so as to change provisions relating to the personnel of the tax commissioner's office.

HB 518. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the sheriff of Jefferson County on an an nual salary, so as to change provisions relating to the personnel employed by the sheriff.

HB 519. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the Clerk of the Superior Court of Jeffer son County on an annual salary, so as to change provisions relative to personnel of the clerk's office.

HB 520. By Representatives Mostiler of the 71st, Fortune of the 71st, Johnson of the 72nd and others:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to transfer the powers and duties of the board of registrars in such counties to the board of elections.

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453

HB 523. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A bill to repeal an Act entitled "An Act to provide an annual salary for the coroner of each county of this state having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census''.

HB 536. By Representatives Home of the 104th, Randall of the 101st, Pinkston of the 100th and others:
A bill to amend an Act creating the Civil Court of Bibb County, so as to waive the rules of pleading in certain cases; to provide for nonjury trials.

HB 538. 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 extend and increase the corporate limits of the City of LaGrange.

HB 539. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to change the compensation of said commissioner.

HB 543. By Representative Rainey of the 135th:
A bill to amend an Act consolidating the offices of tax receiver of Dooly County, so as to change the compensation provisions relating to the tax commissioner.

HB 544. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Dooly, so as to create new road districts for the election of commissioners.

HB 167. By Representatives Isakson of the 20th, Adams of the 36th, Lane of the 40th and others:
A bill to amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, so as to change the definition of a certain term; to change the provisions relating to powers and duties of divisions within the board.

HB 148. By Representative Beck of the 148th: A bill to define the "self-service storage facilities."

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HB 276. By Representative Galer of the 97th:
A bill to amend an Act creating the office of district attorney emeritus, so as to make certain provisions which are applicable to payments to widows applicable to all surviving spouses.

HB 277. By Representative Galer of the 97th:
A bill to amend an Act establishing the Teachers Retirement System, so as to make certain exclusions which are applicable to widows applicable to all surviving spouses.

HB 346. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act adding one additional judge of the superior courts of Western Judicial Circuit of Georgia, so as to change the provisions of that act regarding the supplementary compensation, salaries and ex pense allowances for both judges of that circuit by the counties of the cir cuit.

HB 278. By Representative Galer of the 97th:
A bill to amend an Act creating the State Employees Retirement System, so as to make exclusions which are applicable to widows applicable to all surviving spouses.

HB 375. By Representatives Darden of the 19th, Walker of the 115th, Culpepper of the 98th and others:
A bill to repeal Code Section 48-106, relating to a presumption of gift of realty arising from the possession by a child of lands originally belonging to the father.

HB 58. By Representative Johnson of the 66th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty 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.

HB 126. By Representatives Mostiler of the 71st and Williams of the 6th:
A bill to repeal in its entirety Code Section 32-906 which provides that when a member of a board of education or a county superintendent of schools resigns, he shall tender his resignation in writing to the State Superintendent of Schools.

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HB 371. By Representatives Nix of the 20th and Darden of the 19th:
A bill to amend Code Section 22-5106, relating to execution of in struments conveying interest in real property, so as to provide for the ex ecution of instruments releasing a security agreement.

HB 210. By Representatives Childs of the 51st, Smith of the 152nd, Cummings of the 17th and others:
A bill to amend an Act known as the "Act creating the Public School Employees Retirement System", so as to provide for additional death benefits.
HB 250. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the maximum period for payment of dues by a member from twenty (20) to twenty-five (25) years.

HB 270. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act creating the Superior Court Judges Retirement System", so as to change the provisions relative to mandatory retirement.

HB 247. By Representatives Jones of the 78th, Chamberlain of the 73rd and Ham of the 80th:
A bill to provide for a law clerk in certain judicial circuits of this state; to provide for definitions; to provide for the law clerk's duties and compen sation.

HB 205. By Representatives Jones of the 78th, Moore of the 152nd, Phillips of the 91st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to delete the requirement that the State Depart ment of Education shall provide for a state director of Cooperative Education Service Agency Programs.

HB 83. By Representatives Felton of the 22nd and Richardson of the 52nd:
A bill to repeal Code Section 74-109, relating to cruel treatment by parents.

HB 170. By Representatives Smith of the 42nd, Lane of the 40th, Adams of the 36th and others:
A bill to amend an Act providing for the use of flashing or revolving lights and prohibiting certain conduct in connection therewith, so as to authorize the use of certain flashing lights by individuals.

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HB 130. By Representatives Thomas of the 66th, Lawson of the 9th, Fuller of the 16th and others:
A bill to amend Code Title 105, relating to torts, so as to provide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care.

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

SB 9. By Senator Wessels of the 2nd:
A bill to provide for and assist in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classification of population; to provide legislative intent; to repeal specific laws.

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

SB 87. By Senators Holloway of the 12th, Allgood of the 22nd and Gillis of the 20th:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to change the provisions relating to the compensation of the Speaker of the House of Representatives.

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

SB 309. By Senators Gillis of the 20th and Fincher of the 54th:
A bill to amend an Act known as the "Georgia Records Act," as amend ed, so as to provide for the maintenance, use, preservation, and destruc tion of certain records; to provide for definitions; to provide for certain duties and responsibilities of certain governing bodies, offices, and of ficers; to provide for the destruction of records.
Referred to Committee on Governmental Operations.

SB 310. By Senator Thompson of the 32nd:
A bill to repeal Code Chapter 35-9, relating to the Confederate Soldiers' Home of Georgia, as amended; to repeal an Act providing for the admis sion and maintenance of widows of Confederate Veterans at the Con federate Soldiers' Home of Georgia; to repeal Section 2302 of the ' 'Execu tive Reorganization Act of 1972"; to repeal Code Chapter 78-2, relating to pensions for ex-Confederate soldiers and sailors and dependents.
Referred to Committee on Defense and Veterans Affairs.

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457

SB 311. 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 Special Judiciary.

SB 312. By Senator Horton of the 17th:
A bill to amend Code Chapter 56-3, relating to the general requirements for doing business as an insurer in this state, as amended, so as to require all insurance contracts and policies to be written in simplified and plain language; to provide for enforcement; to provide for remedies.
Referred to Committee on Banking, Finance and Insurance.

SB 313. By Senator Horton of the 17th:
A bill to amend Code Chapter 20-1, relating to general principles of con tract law, so as to require certain written agreements and contracts to be written in simplified and plain language; to provide remedies.
Referred to Committee on Special Judiciary.

SB 314. By Senator Ballard of the 45th:
A bill to provide for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairman of the Board of Commissioners of Newton County to reflect increases in the cost of living; to define certain terms.
Referred to Committee on County and Urban Affairs.

SB 315. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 24-27A, relating to the office of the receiver of child support, so as to change the provisions relating to the appointment and removal of the child support receiver; to provide how payments in arrears shall be shown; to provide that the chief judge of the circuit may appoint additional employees; to provide for approval of the budget by the chief judge.
Referred to Committee on Judiciary.

SB 316. By Senator Barnes of the 33rd:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965," as amended, so as to authorize municipalities to reapportion council or commission districts of a municipality under specified condi tions.
Referred to Committee on County and Urban Affairs.-GEN.

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SB 317. By Senators Barnes of the 33rd and Cobb of the 28th:
A bill to amend Code Chapter 26-25, relating to criminal obstruction of law enforcement, as amended, so as to create the crimes of felony and misdemeanor unlawful disposal or sale of bail bond security. Referred to Committee on Judiciary.

SB 318. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-1, relating to general principles of tort law, as amended, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.
Referred to Committee on Judiciary.

SB 319. By Senators Greene of the 26th and Lester of the 23rd:
A bill to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide optional coverage for certain medical or surgical procedures performed on an out-patient basis; to provide for clarification; to provide for other matters relative to the foregoing.
Referred to Committee on Banking, Finance and Insurance.

SB 320. By Senators Scott of the 43rd and Kidd of the 25th:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to define crimes of sexual assault in the first degree and sexual assault in the second degree; to define other terms; to provide penalties.
Referred to Committee on Governmental Operations.

SB 321. By Senator Fincher of the 54th:
A bill to amend Code Chapter 105-18, relating to defenses to torts, as amended, so as to provide immunity from tort liability for death or in juries occurring as a result of sports activities upon synthetic turf under certain circumstances.
Referred to Committee on Special Judiciary.

SR 79. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A resolution creating the Senate Health and Medical Education Study Committee. Referred to Committee on Human Resources.

SR 80. By Senators Evans of the 37th, Howard of the 42nd, Coleman of the 1st and others:
A resolution creating the State and the Arts Joint Study Committee. Referred to Committee on Governmental Operations.

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459

The following bills of the House were read the first time and referred to com mittees:

HB 58. By Representative Johnson of the 66th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, 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 uponjuries.
Referred to Committee on Special Judiciary.

HB 83. By Representatives Felton of the 22nd and Richardson of the 52nd:
A bill to repeal Code Section 74-109, relating to cruel treatment by parents. Referred to Committee on Special Judiciary.

HB 126. By Representatives Mostiler of the 71st and Williams of the 6th:
A bill to repeal in its entirety Code Section 32-906 which provides that when a member of a board of education or a county superintendent of schools resigns, he shall tender his resignation in writing to the State Superintendent of Schools.
Referred to Committee on Education.

HB 130. By Representatives Thomas of the 66th, Lawson of the 9th, Fuller of the 16th and others:
A bill to amend Code Title 105, relating to torts, so as to provide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care.
Referred to Committee on Banking, Finance and Insurance.

HB 148. By Representative Beck of the 148th:
A bill to define '' self-service storage facilities". Referred to Committee on Industry, Labor and Tourism.

HB 167. By Representatives Isakson of the 20th, Adams of the 36th, Lane of the 40th and others:
A bill to amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, so as to change the definition of a certain term; to change the provisions relating to powers and duties of divisions within the board.
Referred to Committee on Industry, Labor and Tourism.

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HB 170. By Representatives Smith of the 42nd, Lane of the 40th, Adams of the 36th and others:
A bill to amend an Act providing for the use of flashing or revolving lights and prohibiting certain conduct in connection therewith, so as to authorize the use of certain flashing lights by individuals.
Referred to Committee on Public Safety.

HB 205. By Representatives Jones of the 78th, Moore of the 152nd, Phillips of the 91st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to delete the requirement that the State Depart ment of Education shall provide for a state director of Cooperative Education Service Agency Programs.
Referred to Committee on Education.

HB 210. By Representatives Childs of the 51st, Smith of the 152nd, Cummings of the 17th and others:
A bill to amend an Act known as the "Act Creating the Public School Employees Retirement System", so as to provide for additional death benefits.
Referred to Committee on Retirement.

HB 247. By Representatives Jones of the 78th, Chamberlain of the 73rd, and Ham of the 80th:
A bill to provide for a law clerk in certain judicial circuits of this state; to provide for definitions; to provide for the law clerk's duties and compen sation.
Referred to Committee on Special Judiciary.

HB 250. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the maximum period for payment of dues by a member from twenty (20) to twenty-five (25) years.
Referred to Committee on Retirement.

HB 270. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System", so as to change the provisions relative to mandatory retirement.
Referred to Committee on Retirement.

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461

HB 276. By Representative Galer of the 97th:
A bill to amend an Act creating the office of district attorney emeritus, so as to make certain provisions which are applicable to payments to widows applicable to all surviving spouses.
Referred to Committee on Retirement.

HB 277. By Representative Galer of the 97th:
A bill to amend an Act establishing the Teachers Retirement System, so as to make certain exclusions which are applicable to widows applicable to all surviving spouses.
Referred to Committee on Retirement.

HB 278. By Representative Galer of the 97th:
A bill to amend an Act creating the State Employees Retirement System, so as to make exclusions which are applicable to widows applicable to all surviving spouses.
Referred to Committee on Retirement.
HB 346. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act adding one additional judge of the superior courts of Western Judicial Circuit of Georgia, so as to change the provisions of that Act regarding the supplementary compensation, salaries, and ex pense allowances for both judges of that circuit by the counties of the cir cuit. Referred to Committee on Judiciary.

HB 371. By Representatives Nix of the 20th and Darden of the 19th:
A bill to amend Code Section 22-5106, relating to execution of in struments conveying interest in real property, so as to provide for the ex ecution of instruments releasing a security agreement.
Referred to Committee on Special Judiciary.

HB 375. By Representatives Darden of the 19th, Walker of the 115th, Culpepper of the 98th and others:
A bill to repeal Code Section 48-106, relating to a presumption of gift of realty arising from the possession by a child of lands originally belonging to the father.
Referred to Committee on Special Judiciary.

HB 424. By Representatives Hawkins of the 50th, Richardson of the 52nd, Clark of the 55th and others:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensa-

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tion of the chairman and members of the board of education of certain counties.
Referred to Committee on County and Urban Affairs.

HB 447. By Representatives Moore and Smith of the 152nd:
A bill to amend an Act creating the charter for the City of Douglas, so as to change the provisions relating to the levy and collection of ad valorem taxes.
Referred to Committee on County and Urban Affairs.

HB 448. By Representatives Moore and Smith of the 152nd:
A bill to provide a new charter for the City of Broxton, Georgia, in the county of Coffee; to provide for incorporation, powers, and boundaries of said city. Referred to Committee on County and Urban Affairs.

HB 452. By Representative Castleberry of the 111th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to remove certain restrictions upon the amount of compensation which may be paid to the clerk of said Board. Referred to Committee on County and Urban Affairs.

HB 470. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States Census of 1960 or any future such census." Referred to Committee on County and Urban Affairs.
HB 491. By Representative Chambless of the 131 st:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions respecting meetings of the Authority. Referred to Committee on County and Urban Affairs.

HB 492. By Representative Chambless of the 131st:
A bill to amend an Act creating the Albany Dougherty Payroll Develop ment Authority, so as to authorize the Authority to issue revenue bonds with such rates of interest as are authorized by the board of directors of the Authority.
Referred to Committee on County and Urban Affairs.

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463

HB 493. By Representative Wall of the 61 st:
A bill to amend an Act establishing the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial; to provide that the procedure for a demand for trial in the State Court of Gwinnett County shall conform to the general laws of the state.
Referred to Committee on County and Urban Affairs.

HB 494. By Representative Wall of the 61 st:
A bill to amend an Act creating the Recorder's Court of Gwinnett Coun ty, so as to change the length of the term of the judge of the recorder's court; to provide for employment of a solicitor of that court. Referred to Committee on County and Urban Affairs.

HB 495. By Representative Nicholson of the 88th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for an additional method of executing employment contracts to allow the Superintendent to execute employ ment contracts through the use of a facsimile signature under such rules and regulations as approved by the Board of Education.
Referred to Committee on County and Urban Affairs.

HB 497. By Representative Mostiler of the 71st:
A bill to amend an Act creating a new charter for the City of Griffin, so as to provide for the election of the chairman of the board of commis sioners. Referred to Committee on County and Urban Affairs.

HB 508. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries, elections, and registration of electors. Referred to Committee on County and Urban Affairs.

HB 509. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of Rich mond County to grant a discount for early payment of county ad valorem taxes; to provide for the amount of the discount.
Referred to Committee on County and Urban Affairs.

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HB 510. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of the Public School System of Richmond County to grant a discount for early payment of school ad valorem taxes; to provide for the amount of the dis count.
Referred to Committee on County and Urban Affairs.

HB 511. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for biennial elections for purposes of select ing members of the Board of Education.
Referred to Committee on County and Urban Affairs.

HB 517. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the office of tax commissioner of Jeffer son County, so as to change provisions relating to the personnel of the tax commissioner's office. Referred to Committee on County and Urban Affairs.

HB 518. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the sheriff of Jefferson County on an an nual salary, so as to change provisions relating to the personnel employed by the sheriff. Referred to Committee on County and Urban Affairs.

HB 519. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the Clerk of the Superior Court of Jeffer son County on an annual salary, so as to change provisions relative to personnel of the clerk's office. Referred to Committee on County and Urban Affairs.

HB 520. By Representatives Mostiler of the 71st, Fortune of the 71st, Johnson of the 72nd and others:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to transfer the powers and duties of the board of registrars in such counties to the board of elections.
Referred to Committee on County and Urban Affairs.

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465

HB 523. By Representatives Kilgore of the 65th and Johnson and Thomas of the 66th:
A bill to repeal an Act entitled "An Act to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census".
Referred to Committee on County and Urban Affairs.

HB 536. By Representatives Home of the 104th, Randall of the 101st, Pinkston of the 100th and others:
A bill to amend an Act creating the Civil Court of Bibb County, so as to waive the rules of pleading in certain cases; to provide for nonjury trials. Referred to Committee on County and Urban Affairs.

HB 538. 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 extend and increase the corporate limits of the City of LaGrange. Referred to Committee on County and Urban Affairs.

HB 539. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to change the compensation of said commissioner. Referred to Committee on County and Urban Affairs.

HB 543. By Representative Rainey of the 135th:
A bill to amend an Act consolidating the offices of tax receiver of Dooly County, so as to change the compensation provisions relating to the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 544. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Dooly, so as to create new road districts for the election of commissioners. Referred to Committee on County and Urban Affairs.

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

Mr. President:

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

HB 293. HB 294. HB 351. HB 385.

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

Mr. President:

Respectfully submitted, Senator Dean of the 31st District, Chairman

Your Committee on Defense and Veterans Affairs 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 290. SB 305. HB 280. HB 281.

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

Mr. President:

Respectfully submitted, Senator Thompson of the 32nd District, Chairman

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

SB 34. SB 199.

Do pass by substitute.

Do pass as amended.

Respectfully submitted,

.

Senator Barnes of the 33rd District, Chairman

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467

Mr. President:

Your Committee on Offender Rehabilitation 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 50. SB 190. SR 61.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

Your Committee on Public Safety 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 252. Do pass. SB 254. Do pass.

Respectfully submitted, Senator Timmons of the 11th District, Chairman

The following bills and resolution of the Senate and House were read the se cond time:
SB 141. By Senator Timmons of the llth:
A bill to amend an Act providing for a Sheriff's Retirement Fund of Georgia, as amended, so as to provide for the collection of additional legal costs in each civil suit, action, case, or proceeding; to provide that such costs shall be permitted to the board.
SB 148. By Senator Bell of the 5th:
A bill to provide for fiscal notes on bills, joint resolutions, and ad ministrative actions having a fiscal impact on local political subdivisions; to provide a short title; to provide for definitions; to provide for other matters relative to the foregoing; to amend an Act known as the ' 'Georgia Fiscal Note Act," as amended.

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SB 149. By Senators Dean of the 31st and Garner of the 30th:
A bill to establish the Superior Court Clerks Training Council; to provide for voting and advisory members; to provide the procedure for con ducting business; to provide for the payment of expenses of the members of the council; to provide for the functions and authority of the council.

SB 150. By Senators Dean of the 31 st and Garner of the 30th:
A bill to amend Code Section 24-2701, relating to clerks of the superior courts, as amended, so as to provide for the election, qualifications, and term of office; to provide an effective date.

SB 162. By Senators Garner of the 30th, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 27-2515, relating to witnesses at execu tions, as amended, so as to prohibit certain individuals from witnessing executions.

SB 189. By Senators Bowen of the 13th, Timmons of the llth, McKenzie of the 14th and others:
A bill to amend Code Section 26-2904, relating to licenses to carry a pistol or revolver, as amended, so as to provide that certain retired law enforce ment officers may obtain a license without the payment of any fee; to provide for a definition.
SB 200. By Senator Barnes of the 33rd:
A bill to amend an Act establishing an effective date for the federal cen sus as used in the statutory law of Georgia so as to change the effective date for purposes of application of certain laws; to provide for all related matters; to provide an effective date.
SB 217. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for judges of the pro bate courts of the various counties of Georgia, as amended, so as to in crease the minimum salaries of said probate judges; to change the provi sions relating to additional compensation.
SB 289. By Senator Littlefield of the 6th:
A bill to amend the "Development Authorities Law," as amended, so as to authorize the creation of joint development authorities by counties and municipalities; to provide for membership of such joint authorities.

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469

HB 47. By Representatives Childs of the 51st, Murphy of the 18th, Ramsey of the 3rd and others:
A bill to amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, so as to change the expenses and allowances.

HB 93. By Representatives Johnson of the 72nd, Oliver of the 121st and Ross of the 76th:
A bill to amend an Act known as the "Act Creating the Public School Employees Retirement System'', so as to change the title of a member of the Board of Trustees.

HB 114. By Representative Walker of the 115th:
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to clarify the provisions relative to payments that may be made from funds derived from the deferral of compensation by making such provi sions applicable to deferred compensation plans.

HB 295. 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, so as to change the compensation of the Clerk of the Superior Court of Carroll County.

HB 310. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to amend an Act to create and establish the State Court of Houston County, so as to change the terms of said court.

HB 349. By Representative Sizemore of the 136th:
A bill to repeal "An Act to establish a Small Claims Court in this State having a population of not less than 16,500 and not more than 16,700, ac cording to the U.S. Census of 1960 or any such future census".

HB 369. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a small claims court for Whitfield Coun ty, Georgia, so as to change the provisions relating to jurisdiction of said court.

HR 62. By Representatives Lambert of the 12th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to the need for clarification of Article V of the United States Constitution.

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

HB 51. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Home of the 104th and others:
A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act" as amended.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 51 by striking the figure "1963" on line 14 of Page 1 and inserting in lieu thereof the figure "1965".

On the adoption of the amendment, the yeas were 52, nays 0, and the amend ment was adopted.

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

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

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

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

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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471

Not answering were Senators Bond and Holloway (excused).

Senator Reynolds of the 48th introduced the chaplain of the day, Reverend W. C. Corley, pastor of the First Baptist Church, Lawrenceville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 78. By Senator Kidd of the 25th: A resolution commending Miss Kimberly Ann Hall.

SR 82. By Senators Sutton of the 9th and Bowen of the 13th:
A resolution designating Monday, February 16, 1981, as Georgia Agrirama Day.

SR 83. By Senators Cobb of the 28th and Garner of the 30th: A resolution commending Mr. W. Arthur Willingham.

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Governmental Operations:

HB 378. By Representatives Adams of the 36th, Richardson of the 52nd and Bolster of the 30th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act", so as to change the definitions of "residential housing" and "mortgage".

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 378 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Governmental Operations.

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

Mr. President:

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

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HB 54. By Representative Dixon of the 151st:
A bill to amend Code Section 26-1802, relating to theft by taking, so as to provide that it is unlawful to remove any memorial to the dead or any ornamentation or flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead.

HB 201. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compensation Law), so as to strike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount.

SENATE CALENDAR Monday, February 16, 1981 SEVENTEENTH LEGISLATIVE DAY

CONTINUED ORDER OF BUSINESS: HB 39. Alimony--factors in determining whether to grant (SUBSTITUTE)
______(SJudy-2nd)_____________________________________ SB 69. Torts--motor vehicle driver owes passengers ordinary care
(SUBSTITUTE) (SJudy-40th)
SR 18. Dames Ferry Bridge--designating (Pub U--25th)
HB 101. Uniform Commercial Code--redefine ' 'public sale" (S Judy--2nd)
HB 103. Division of Conservation--repeal provisions on suits against (NREQ-20th)
HB 104. Forestry Commission Director--compact administrator (NREQ-- 20th)
HB 195. Game and Fish--increase bonded license agents' fees (NREQ--20th)
HB 196. Boating Registration License Fees--revision (NREQ--20th)
HR 42. Savannah River--easement over property to Harbert Corporation (Pub U-lst)
SB 104. Medical Assistance Act--disclosure of certain confidential information unlawful (Hum R--42nd)
HB 59. Abandoned Motor Vehicle Removal--vehicles on private property (Pub Saf-28th)
SB 31. Cable Television--counties grant franchise licenses (Gov Op--37th)
SB 32. Board of Dispensing Opticians--redefine "dispensing optician" (SUBSTITUTE) (C Aff-25th)
SB 56. State Departments--employ certain employees involved in reduction force (SUBSTITUTE) (Gov Op-25th)

MONDAY, FEBRUARY 16, 1981

473

SB 57. State Employees Workers' Compensation--supplemental compensation (SUBSTITUTE) (Gov Op-25th)
SB 74. Handicapped Parking--institutional permits (Gov Op--42nd)
SB 91. Election Code-notice to electors (SUBSTITUTE) (Gov Op-25th)
SB 133. Deceased Depositors--certain amount apply to funeral expenses (AMENDMENT) (BF&I-25th)
SB 216. Prohibiting State Officials and Employees from Engaging in Certain Transactions (Gov Op--25th)
SR 15. Board of Regents--each congressional district elect one member (Gov Op-25th)
SR 50. Bill Raising Revenue--two thirds approval of General Assembly to increase appropriation (AMENDMENT) (BF&I--5th)
HB 17. State Health Insurance Plan--blind, disabled vendors (Gov Op--44th)
HB 72. Alcoholic Beverages--unlawful to possess in elementary, high, trade school (CAff-27th)
HB 263. Agricultural Commodity Commissions--filling certain vacancies (Ag-24th)
HR 103. Financial Assistance for Relocation of Certain Utility Lines--urge Congress (Ag--24th)

The following general bill of the House, having been read the third time and put upon its passage on Thursday, February 12, and action suspended at 5:00 o'clock P.M., the time for adjourning the General Assembly pursuant to HR 190, was con tinued upon its passage:
HB 39. By Representatives Steinberg of the 46th, Culpepper of the 98th, Walker of the 115th and others: A bill to amend Code Chapter 30-2, relating to alimony, so as to state fac tors which must be considered in determining whether to grant perma nent alimony. Senate Sponsor: Senator Wessels of the 2nd.
The Senate Committee on Special Judiciary offered the following substitute to HB39:
A BILL
To be entitled an Act to amend Code Chapter 30-2, relating to alimony, so as to state factors which must be considered in determining whether to grant permanent alimony; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses:

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 30-2, relating to alimony, is hereby amend ed by striking in its entirety Code Section 30-209, which reads as follows:
"30-209. Jury may provide permanent alimony; factors in deter mining amount; effect of remarriage. The jury rendering the final ver dict in a divorce suit or the court entering a final decree in a divorce suit tried without a jury may provide permanent alimony for either party, either from the corpus of the estate or otherwise, according to the condition of both parties, including the separate estate, earning capacity, and fixed liabilities of each party. All obligations for perma nent alimony to a party, whether created by contract, verdict, judg ment, or decree, the time for performance of which has not arrived, shall cease upon remarriage of the party to whom such obligations are owed unless otherwise provided.",
and inserting in its place a new section to read as follows:
"30-209. Permanent alimony, (a) The finder of fact may grant per manent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:
(1) The standard of living established during the marriage.
(2) The duration of the marriage.
(3) The age and the physical and emotional condition of both par ties.
(4) The financial resources of each party.
(5) Where applicable, the time necessary for either party to ac quire sufficient education or training to enable him or her to find ap propriate employment.
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, educa tion, and career building of the other party.
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.
(8) Such other relevant factors as the court deems equitable and proper.
(b) All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom such obligations are owed unless otherwise provided."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

MONDAY, FEBRUARY 16, 1981

475

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean English

Engram Evans Fincher of 54th Foster Gillis Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

Those voting in the negative were Senators:

Ballard Cobb Eldridge

Garner Greene Hill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Timmons Turner Tysinger Walker Wessels
Littlefield Sutton Trulock

Those not voting were Senators:

Bowen Brannon

Fincher of 52nd Holloway (excused)

Thompson

On the passage of the bill, the yeas were 42, nays 9.

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

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JOURNAL OF THE SENATE

Senator Barnes of the 33rd moved that HB 39 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 39 was immediately transmitted to the House.

The following general bill of the Senate, having been read the third time on February 12 and postponed until February 16, was put upon its passage:

SB 69. By Senator Coverdell of the 40th:
A bill to amend Code Title 105, relating to torts, as amended, so as to pro vide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care.

The Senate Committee on Special Judiciary offered the following substitute to SB 69:

A BILL
To be entitled an Act to amend Code Title 105, relating to torts, as amended, so as to provide that an employer engaged in the business of carrying passengers for hire in passenger motor vehicles designed to carry a certain maximum number of passengers on the public roads, streets, or highways of the state shall be liable for intentional unlawful detention, injuries, or damages to persons or property caused by the con tractor; 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 105, relating to torts, as amended, is hereby amended by adding at the end of Code Section 105-502 a new paragraph 7 to read as follows:
"7. If the employer is engaged in the business of carrying passengers for hire in passenger motor vehicles designed to carry a maximum of five passengers, excluding the driver of the motor vehi cle, on the public roads, streets, or highways of the state and the con tractor intentionally causes unlawful detention, injuries, or damages to other persons or property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, FEBRUARY 16, 1981

477

Senator Coverdell of the 40th offered the following substitute to the substitute to SB 69 offered by the Senate Committee on Special Judiciary:

A BILL
To be entitled an Act to amend Code Title 105, relating to torts, as amended, so as to provide that an employer engaged in the business of carrying passengers for hire in taxicabs on the public roads, streets, or highways of the state shall be liable for intentional unlawful detention, injuries, or damages to persons or property caused by the contractor; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 105, relating to torts, as amended, is hereby amended by adding at the end of Code Section 105-502 a new paragraph 7 to read as follows:
"7. If the employer is engaged in the business of carrying passengers for hire in taxicabs on the public roads, streets, or highways of the state and the contractor intentionally causes unlawful detention, injuries, or damages to other persons or property."

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 offered by Senator Coverdell of the 40th to the substitute to SB 69 offered by the Senate Committee on Special Judiciary, the yeas were 32, nays 0, and the substitute to the committee substitute was adopted.

On the adoption of the substitute to SB 69 offered by the Senate Committee on Special Judiciary, the yeas were 38, nays 0, and the committee 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

Bowen Brannon Brantley

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JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Foster Garner

Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 54th Holloway (excused)

Littlefield

Timmons

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

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

Senator Trulock of the 10th introduced the doctor of the day, Philip Todaro, D.O., of Bainbridge, Georgia.

The following general resolution of the Senate, having been read the third time on February 12 and postponed until February 16, was put upon its adoption:

SR 18. By Senator Kidd of the 25th:
A resolution to designate the Dames Ferry Bridge; to repeal a specific resolution.
Senator Kidd of the 25th moved that SR 18 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 18 was committed to the Committee on Governmental Operations.

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

MONDAY, FEBRUARY 16, 1981

479

HB 101. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to redefine the term "public sale".
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 Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram
Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Brannon Holloway (excused)

Land

Timmons

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 104. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", so as to provide that the director of the Georgia Forestry Commis sion, rather than the commissioner of Natural Resources or his designated representative, shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact.
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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

Those not voting were Senators:

Brannon

Holloway (excused)

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land

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

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

MONDAY, FEBRUARY 16, 1981

481

HB 195. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase bonded license agents' fees; to increase cash license agents' fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the com bination license fee; to increase freshwater fishing license fees.
Senate Sponsor: Senator Gillis of the 20th.

Senator Hudgins of the 15th offered the following amendment:

Amend HB 195 by adding in the title, on line 8 of Page 1, the follow ing:
"to require permits for trapping and to provide for the duration of permits;".
By adding in Section 3 on line 23 of Page 2, immediately following the sentence ending in the word "Code", the following:
"It shall be unlawful for any person to trap without first procuring a permit from the Department of Natural Resources. A permit shall not be valid for more than 30 days."

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:

Ballard Bond Brantley Eldridge Engram Evans

Greene Hill Howard Hudgins Hudson Kidd

Those voting in the negative were Senators:

Allgood Barker Barnes
Bell Bowen Brown of 47th
Bryant Cobb

Coleman Coverdell Deal
Dean English Fincher of 52nd
Fincher of 54th Foster

Scott Stephens Stumbaugh Tate Trulock Turner
Garner Gillis Horton Kennedy Land Lester Littlefield McGill

482
McKenzie Reynolds Starr Summers

JOURNAL OF THE SENATE

Sutton Thompson Timmons

Tysinger Walker Wessels

Those not voting were Senators:

Brannon Broun of 46th

Holloway (excused)

Robinson

On the adoption of the amendment offered by Senator Hudgins of the 15th, the yeas were 18, nays 34, and the amendment was lost.

Senator Hudgins of the 15th offered the following amendment:

Amend HB 195 by adding in the title, on line 8 of Page 1, the follow ing:
"to amend an Act providing requirements relative to trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), as amended, so as to change certain provisions relating to license fees for trappers;".
By renumbering Sections 7, 8, and 9 on Pages 3 and 4 as Sections 8, 9, and 10, respectively, and inserting a new Section 7 to read as follows:
"Section 7. An Act providing requirements relative to trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), as amended, is hereby amended by striking from Section 4 the following:
'$25.00',
and inserting in lieu thereof the following:
'$50.00',
so that when so amended Section 4 shall read as follows:
'Section 4. Trappers must be licensed. It shall be unlawful for any person to engage in business as a trapper unless such person or his agent has a current valid license to trap issued by the Department. The annual fee for such licenses shall be (a) professional trapper's license $50.00, (b) landowner or his immediate family's license to trap on landowner's private property--$0.00, (c) nonresidents professional trapper's licenses--$250.00. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.' ''

On the adoption of the amendment 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:

MONDAY, FEBRUARY 16, 1981

483

Those voting in the affirmative were Senators:

Ballard Barker
Barnes Bond Brantley Broun of 46th Bryant Coleman Coverdell Dean Engram Evans

Fincher of 52nd Greene
Hill Howard Hudgins Hudson Kennedy Kidd Land Littlefield McKenzie

Robinson Scott
Stephens Stumbaugh Summers Tate Thompson Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Allgood Bell Bowen Brown of 47th
Cobb Deal Eldridge

English Fincher of 54th Foster Garner
Gillis Horton Lester

McGill Reynolds Starr Sutton Timmons Tysinger

Not voting were Senators Brannon and Holloway (excused).

On the adoption of the amendment, the yeas were 34, nays 20, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Bryant Cobb Coleman Coverdell Deal Dean English Engram Evans Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson

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JOURNAL OF THE SENATE

Kennedy Kidd Land Lester Littlefield McGill Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Sutton Tate

Voting in the negative was Senator Eldridge.

Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon

Holloway (excused)

On the passage of the bill, the yeas were 52, nays 1.

McKenzie

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

HB 196. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend the Georgia Boat Safety Act, so as to provide for a revi sion to the boating registration license fees; to revise the boating registra tion transfer fee.
Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following amendment:

Amend HB 196 by inserting on line 5 of Page 1, after the word and semicolon "fee;" and before the word "to" the following:
"to provide for an additional exemption from the numbering re quirements;".
Further amend HB 196 by inserting after line 14 of Page 3 a new Sec tion 4 to read as follows:

"Section 4. Said Act is further amended by adding to the end of Section 5 a new subsection (j) to read as follows:
'U) Used exclusively on privately owned ponds or lakes except those licensed by the Federal Energy Regulatory Commission.'"
By renumbering Sections 4, 5, and 6 as Sections 5, 6, and 7, respec tively.

MONDAY, FEBRUARY 16, 1981

485

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

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

Those not voting were Senators:

Brannon Coverdell

Evans

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

Holloway (excused)

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

HR 42. By Representatives Jones of the 126th, Triplett of the 128th, Ginsberg of the 122nd and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Harbert Corpora tion and Elk River Resources, Inc., both authorized to do business in Georgia, their successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State, situate in the Savannah River, Chatham County, Georgia.
Senate Sponsor: Senator Coleman of the 1st.

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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 Bowen Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Broun of 46th

Evans Holloway (excused)

Summers

On the adoption of the resolution, the yeas were 51, 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 10 and postponed until February 12, was put upon its passage:

SB 104. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to provide that the disclosure of certain con fidential information is unlawful; to provide a penalty.

Senator Howard of the 42nd moved that SB 104 be postponed until February 19.

MONDAY, FEBRUARY 16, 1981

487

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 104 was postponed until February 19.

The following general bill of the House, having been read the third time on February 11, and postponed until February 12, was put upon its passage:

HB 59. By Representative Jackson of the 9th:
A bill to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, so as to add to the definition of abandoned motor vehicles those vehicles which are abandonded on private property.
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 Barker Barnes Bell Bowen Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge
English Engram
Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester
Littlefield McGill
McKenzie

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

Those voting in the negative were Senators:

Bond

Evans

Tate

Coverdell

Those not voting were Senators:

Ballard Brannon

Broun of 46th Fincher of 52nd

Holloway (excused)

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JOURNAL OF THE SENATE

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

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

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

SB 31. By Senator Evans of the 37th:
A bill to authorize the governing authorities of counties to grant franchise licenses for the operation of cable television systems within their ter ritorial limits; to provide for fees; to prohibit county franchise licenses and fees within municipalities.

Senator Evans of the 37th moved that SB 31 be postponed until February 19.

On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 31 was postponed until February 19.

SB 32. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change the definition of the term "dispensing opti cian"; to change the provisions relating to continuing education re quirements.

The Senate Committee on Consumer Affairs offered the following substitute to SB 32:

A BILL
To be entitled an Act to amend an Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended, so as to change the definition of the term "dispensing optician"; to change the provisions relating to continuing education re quirements; 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 Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. A dispensing optician is defined as one who prepares, fits, and dispenses lenses, spectacles, eyeglasses, contact lenses, and optical devices to the intended user thereof as specifically directed or

MONDAY, FEBRUARY 16, 1981

489

authorized on the written prescription of a physician or optometrist, duly licensed to practice his profession. A dispensing optician may duplicate lenses without prescription, provided that said dispensing optician shall not substitute contact lenses for spectacles, eyeglasses, or other optical devices except as otherwise authorized herein or engage in the diagnosis of the diseases of the human eye or attempt to determine the refractive powers of the human eyes or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings. A dispensing optician who qualifies under this Act shall be determin ed and recognized as engaging in a lawful trade or occupation in the State of Georgia; the State Board of Dispensing Opticians shall have exclusive jurisdiction in the enforcement of this Act over all persons engaged in business as dispensing opticians, whether licensed or unlicensed; provided, however, that nothing herein contained shall be construed as limiting or in anywise abrogating the power or authority of any board or commission created under any of the laws of Georgia defining and regulating any profession, to enforce the provisions of such respective laws, or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of dispensing optician."
Section 2. Said Act is further amended by striking from subsection (a) of Section 11A the following:
"four",
and inserting in lieu thereof the following:
"six",
so that when so amended subsection (a) shall read as follows:
"(a) Each person who hold a license as a dispensing optician shall be required to complete a course of continuing education of six hours prior to each renewal of such license."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to SB 32 offered by the Senate Committee on Consumer Affairs by deleting on Page 1, line 15 the word "fits".

Senator Barnes of the 33rd moved that SB 32 be committed to the Committee on Human Resources.

Senator Kidd of the 25th moved the previous question.

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JOURNAL OF THE SENATE

The President ruled the motion for the previous question takes precedence.

On the motion offered by Senator Kidd of the 25th, the yeas were 21, nays 25; the motion was lost, and the previous question was not ordered.

On the motion offered by Senator Barnes of the 33rd, the yeas were 35, nays 15; the motion prevailed, and SB 32 was committed to the Committee on Human
Resources.

The following bills of the House were read the first time and referred to com mittees:

HB 54. By Representative Dixon of the 151 st:
A bill to amend Code Section 26-1802, relating to theft by taking, so as to provide that it is unlawful to remove any memorial to the dead or any or namentation or flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead.
Referred to Committee on Special Judiciary.

HB 201. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compenstion Law), so as to delete the provisions relating to seasonal employment; to modify the pension offset as allowed by Public Law 96-364.
Referred to Committee on Industry, Labor and Tourism.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the notion prevailed.

At 1:00 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 17, 1981

491

Senate Chamber, Atlanta, Georgia Tuesday, February 17, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 and resolutions of the House and Senate:

HB 552. By Representative Martin of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the terms and election time of certain council members.

HB 566. By Representatives Hasty and Harris of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.

HB 567. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of said commissioner; to pro vide for the purchase of an automobile.

HB 568. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an an nual salary, so as to change the compensation of the sheriff.

HB 569. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court of Dawson County and the Judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge.

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HB 496. By Representative Colwell of the 4th:
A bill to amend an Act providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, so as to strike certain provisions relating to the right of such corporations to traverse public property.

HB 179. By Representatives Coleman of the 118th, Hanner of the 130th, Collins of the 144th and Veazey of the 146th:
A bill to amend an Act providing for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards who are killed in the line of duty, so as to change the definition of the term '' law enforcement officer''.

HB 395. By Representatives Chambless of the 131st, Hutchinson of the 133rd and McCollum of the 134th:
A bill to amend Code Chapter 34A-9, relating to nomination of can didates for municipal elections, so as to provide that the governing authority of each municipality may choose to pay additional expenses of primaries held by political parties.

HB 8. By Representative Widener of the 44th:
A bill to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities, or divisions on the is suance of bonds, so as to change the provisions relating to the use of in terest received from bond funds which have been invested.
HB 416. By Representatives Logan of the 62nd, Reaves of the 147th, Ross of the 76th and others:
A bill to amend Code Title 32, relative to education, so as to change the name of the education loan program from the "Georgia Educational Loan Program" to the "Georgia Higher Education Loan Program."

HR 147. By Representatives Collins of the 144th and Colwell of the 4th:
A resolution authorizing the conveyance of certain State-owned property located in Thomas County.

HR 113. By Representatives Wilson of the 19th and Burruss of the21st:
A resolution authorizing the State Properties Commission, by its Chair man, the Governor, acting on behalf of and in the name of the State of Georgia to amend, change and modify the description contained in the right-of-way easement granted by the state's predecessor in title to the Colonial Pipeline Company for a pipeline to be used for the transporta tion of petroleum products on, over and through presently State-owned lands in Paulding County.

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493

HR 64. By Representatives Anderson, Harris and Hasty of the 8th and Ralston of the 7th:
A resolution authorizing the conveyance of certain state-owned real property located in Bartow County, Georgia, to Mr. Joseph Pfund.

HR 111. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment; to provide for submission of this amendment for ratification or rejection.

SB 2. By Senator Evans of the 37th:
A bill to amend Code Section 3-305, relating to suits against represen tatives of obligors, so as to reduce the period of exemption from suit for representatives of estates from 12 months to six months; to state legislative findings and intent; to provide an effective date.

SB 39. By Senator Barnes of the 33rd:
A bill to amend Code Section 72-201, relating to authorization and pro cedure for abatement of nuisances generally, as amended, so as to pro vide for proper venue for the abatement of nuisances as provided in said Code Section.

SB 42. By Senator Barnes of the 33rd:
A bill to amend Code Title 103, relating to suretyship, as amended, so as to abolish the distinction between contracts of suretyship and guaranty; to change certain definitions.

SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code", as amended, so as to redefine the term "public sale".

HB 42. By Representatives Childs of the 51st, Collins of the 144th, Robinson of the 58th 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 com panies.

SB 48. By Senator Barnes of the 33rd:
A bill to repeal Code Section 38-413, relating to material facts discovered by a confession.

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SB 51. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-302, relating to the definition of con sideration, so as to change the definition of consideration; to provide for other matters relating thereto.

HB 279. By Representative Galer of the 97th:
A bill to amend Code Section 47-109, relating to disposition of the session pay of members of the General Assembly who die during the session, so as to make provisions for payment to widows applicable to payment to all surviving spouses.

HB 230. By Representatives Padgett of the 86th and Nicholson of the 88th:
A bill to amend Code Section 24-2905.1, relating to travel expenses of district attorneys and assistant district attorneys, so as to remove the limitation on expenses for meals and lodging.

HB 23. By Representatives Home of the 104th and Pinkston of the 100th:
A bill to amend an Act regulating the sale of securities in this state, known as the "Georgia Securities Act of 1973", so as to empower the Commissioner of Securities to designate record depositories.

HR 56. By Representative Greer of the 43rd:
A resolution authorizing the State of Georgia acting by and through the State Properties Commission to grant an easement in and to, and with respect to certain acts and transactions involving, certain State of Georgia-owned real property facing Peachtree Street, in the City of Atlanta, Fulton County, Georgia.

HR 143. By Representative Peters of the 2nd:
A resolution authorizing the conveyance of certain state-owned property located in Catoosa County, Georgia.

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

SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, as amended, so as to change the definition of the offenses of in surrection and inciting to insurrection.

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

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495

SB 11. By Senator Greene of the 26th:
A bill to amend Code Section 46-104, relating to additional summons of garnishment, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits.

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

HR 219. By Representatives Buck of the 95th, Galer of the 97th, Cason of the 96th and others:
A resolution commending the Honorable Milton Jones.

HR 225. By Representatives Reaves of the 147th, Sizemore of the 136th, Collins of the 144th and others:
A resolution honoring Georgia's argicultural industry by designating March 9, 1981, as "Agriculture Day" in Georgia.

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

SB 322. By Senator Greene of the 26th:
A bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act," as amended, so as to provide for forfeiture of money, negotiable instruments, securities and other things of value under certain circumstances.
Referred to Committee on Judiciary.

SB 323. By Senators Stumbaugh of the 55th, Howard of the 42nd, Allgood of the 22nd and others:
A bill to amend an Act known as the "Development Authorities Law," as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and attain industrial enterprises, expand local credit and capital, and reduce employment; to change the definition of the word "project"; to provide an effective date.
Referred to Committee on Industry, Labor and Tourism.

SB 324. By Senators Littlefield of the 6th, Bryant of the 3rd, Kennedy of the 4th and others:
A bill to provide for a supplement to the salaries of the judges and senior judges of the superior courts and the district attorney, of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Cir cuit to increase such salary supplement.
Referred to Committee on Special Judiciary.

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SB 325. By Senator Howard of the 42nd:
A bill to amend Code Title 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales.
Referred to Committee on Judiciary.

SB 326. By Senator Barnes of the 33rd:
A bill to create public bodies corporate and politic to be known as Public Building Authorities; to provide for the activation of such Public Building Authorities.
Referred to Committee on Governmental Operations.

SB 327. By Senator Barnes of the 33rd:
A bill to amend Code Section 59-112, relating to exemptions from jury duty, as amended, so as to provide an exemption for chiropractors; to provide an effective date. Referred to Committee on Judiciary.

SB 328. By Senators Barnes of the 33rd, Evans of the 37th, Fincher of the 52nd and others:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment of alcoholics, drug dependent individuals, and drug abusers, and Code Chapter 88-5, relating to hospitalization and treatment of the men tally ill, so as to authorize psychologists to perform certain acts in con nection with the admission of patients in the same manner as physicians; to provide for immunity from liability of psychologists.
Referred to Committee on Human Resources.

SB 329. By Senator Coverdell of the 40th:
A bill to amend Code Section 68E-201, relating to periodic motor vehicle inspections required by the commissioner of the Department of Public Safety, so as to exempt new motor vehicles from the inspection re quirements for the first three years of operation.
Referred to Committee on Public Safety.

SB 330. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act so as to provide that the Glynn County board of education shall elect a county school superintendent and provide for his term and powers. Referred to Committee on County and Urban Affairs.

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497

SB 331. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to define the word "project" to include certain hotel and motel facilities, to grant the authority the powers granted to other authorities by the "Development Authorities Law".
Referred to Committee on County and Urban Affairs.

SB 332. By Senator Coverdell of the 40th:
A bill to amend an Act providing for the sale of alcoholic beverages in certain counties of this state having a population of not less than 400,000 and not more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 333. By Senator Coverdell of the 40th:
A bill to amend Code Section 59-601B, relating to investigative grand juries of counties of this state having a population of not less than 400,000 or more than 600,000 according to the United States census of 1970 or any future such census, as amended, so as to change the provi sions relative to population.
Referred to Committee on County and Urban Affairs.

SB 334. By Senator Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the solicitor of the state court of counties having a population of not less than 300,000 or more than 600,000 according to the United States Census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 335. By Senator Coverdell of the 40th:
A bill to amend Code Section 34A-501, pertaining to the use by municipalities of county voters' registration list in counties having a population of not less than 400,000 and not more than 600,000 according to the 1970 census or any future such census, as amended, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 336. By Senator Coverdell of the 40th:
A bill to amend an Act, as amended, providing for a board of registration and elections in certain counties having a population of not less than 350,000 and not more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

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SB 337. By Senator Coverdell of the 40th:
A bill to amend an Act prohibiting municipalities in certain counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States census of 1970 or any future such census, from rezoning annexed land, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 338. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2714.1, requiring clerks of the superior courts to notify purchaser of property of possible homestead exemption in any county having a population of not less than 300,000 nor more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 339. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1022, relating to payment of taxes in all counties having a population of not less than 350,000 and not more than 600,000 according to the census, as amended, so as to change the provisions relating to population.
Referred to Committee on County and Urban Affairs.

SB 340. By Senator Coverdell of the 40th:
A bill to amend Code Section 113-1301, relating to the appointment of county administrators in all counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States census of 1970 or any future such census, as amended, so as to change the provisions relative to population.
Referred to Committee on County and Urban Affairs.

SB 341. By Senator Evans of the 37th:
A bill to amend Code Chapter 22-31, relating to dissolution of nonprofit corporations, as amended, so as to provide for the revival of corporations whose period of duration has expired and which have not been revived within ten years immediately following the expiration date fixed by their articles of incorporation.
Referred to Committee on Special Judiciary.

SB 342. By Senator Evans of the 37th and Hudson of the 35th:
A bill to amend an Act providing that all government buildings, public buildings, and facilities newly constructed or substantially renovated shall be accessible to and usable by handicapped, elderly, and disabled persons, as amended, so as to change the definitions to reflect specific standards.
Referred to Committee on Governmental Operations.

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499

SB 343. By Senator Greene of the 26th:
A bill to amend Code Section 84-507, relating to qualifications for licensure, as amended, so as to provide that general college training re quirements shall not apply to certain persons. Referred to Committee on Human Resources.

SR 84. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A resolution honoring Georgia's agricultural industry by designating March 9, 1981, as "Agriculture Day" in Georgia. Referred to Committee on Agriculture.
SR 85. By Senators Cobb of the 28th, Timmons of the 11th, Brannon of the 51st and others:
A resolution creating the Joint Study Committee on Drug and Narcotic Abuse. Referred to Committee on Human Resources.
SR 86. By Senator Littlefield of the 6th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolu tions in accordance with the fines specified by such ordinance or resolu tion; to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised; to pro vide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

SR 87. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.
Referred to Committee on Human Resources.

SR 88. By Senator Coverdell of the 40th:
A resolution authorizing and directing the commissioner of the Depart ment of Human Resources to make a study of the distribution of services and facilities provided by the department. Referred to Committee on Human Resources.

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

HB 8. By Representative Widener of the 44th:
A bill to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities, or divisions on the is-

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suance of bonds, so as to change the provisions relating to the use of in terest received from bond funds which have been invested.
Referred to Committee on County and Urban Affairs.

HB 23. By Representatives Home of the 104th and Pinkston of the 100th:
A bill to amend an Act regulating the sale of securities in this state, known as the "Georgia Securities Act of 1973", so as to empower the Commissioner of Securities to designate record depositories. Referred to Committee on Special Judiciary.

HB 42. By Representatives Childs of the 51st, Collins of the 144th, Robinson of the 58th 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 imposing taxes upon life insurance com panies.
Referred to Committee on Banking, Finance and Insurance.

HB 179. By Representatives Coleman of the 118th, Hanner of the 130th, Collins of the 144th and Veazey of the 146th:
A bill to amend an Act providing 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 change the definition of the term "law enforcement officer".
Referred to Committee on Public Safety.

HB 230. By Representatives Padgett of the 86th and Nicholson of the 88th:
A bill to amend Code Section 24-2905.1, relating to travel expenses of district attorneys and assistant district attorneys, so as to remove the limitation on expenses for meals and lodging. Referred to Committee on Judiciary.

HB 279. By Representative Galer of the 97th:
A bill to amend Code Section 47-109, relating to disposition of the session pay of members of the General Assembly who die during the session, so as to make provisions for payment to widows applicable to payment to all surviving spouses.
Referred to Committee on Governmental Operations.

HB 395. By Representatives Chambless of the 131st, Hutchinson of the 133rd and McCollum of the 134th:
A bill to amend Code Chapter 34A-9, relating to nomination of can didates for municipal elections, so as to provide that the governing

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501

authority of each municipality may choose to pay additional expenses of primaries held by political parties.
Referred to Committee on Governmental Operations.

HB 416. By Representatives Logan of the 62nd, Reaves of the 147th, Ross of the 76th and others:
A bill to amend Code Title 32, relative to education, so as to change the name of the education loan program from the "Georgia Educational Loan Program" to the "Georgia Higher Education Loan Program".
Referred to Committee on Education.

HB 496. By Representative Colwell of the 4th:
A bill to amend an Act providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, so as to strike certain provisions relating to the right of such corporations to traverse public property.
Referred to Committee on Judiciary.

HB 552. By Representative Martin of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the terms and election time of certain council members. Referred to Committee on County and Urban Affairs.

HB 566. By Representatives Hasty and Harris of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 567. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of said commissioner; to pro vide for the purchase of an automobile. Referred to Committee on County and Urban Affairs.

HB 568. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an an nual salary, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

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HB 569. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court of Dawson County and the Judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge. Referred to Committee on County and Urban Affairs.

HR 56. By Representative Greer of the 43rd:
A resolution authorizing the State of Georgia acting by and through the State Properties Commission to grant an easement in and to, and with respect to certain acts and transactions involving, certain State of Georgia-owned real property facing Peachtree Street, in the City of Atlanta, Fulton County, Georgia.
Referred to Committee on Public Utilities.

HR 64. By Representatives Anderson, Harris and Hasty of the 8th and Ralston of the 7th:
A resolution authorizing the conveyance of certain State-owned real property located in Bartow County, Georgia, to Mr. Joseph Pfund. Referred to Committee on Public Utilities.

HR 111. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

HR 113. By Representatives Wilson of the 19th and Burruss of the 21st:
A resolution authorizing the State Properties Commission, by its Chair man, the Governor, acting on behalf of and in the name of the State of Georgia to amend, change and modify the description contained in a right-of-way easement granted by the State's predecessor in title to the Colonial Pipeline Company for a pipeline to be used for the transporta tion of petroleum products on, over and through presently State-owned lands in Paulding County, Georgia.
Referred to Committee on Public Utilities.

HR 143. By Representative Peters of the 2nd:
A resolution authorizing the conveyance of certain State-owned property located in Catoosa County, Georgia. Referred to Committee on Public Utilities.

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503

HR 147. By Representatives Collins of the 144th and Colwell of the 4th:
A resolution authorizing the conveyance of certain State-owned property located in Thomas County. Referred to Committee on Public Utilities.

HR 225. By Representatives Reaves of the 147th, Sizemore of the 136th, Collins of the 144th and others:
A resolution honoring Goergia's agricultural industry by designating March 9, 1981, as "Agriculture Day" in Georgia. Referred to Committee on Agriculture.

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

Mr. President:

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

SB 165. SB 206. SB 300. SB 302. SB 303. SB 314. HB 265. HB 269. HB 301. HB 302. HB 303. HB 348. HB 431. HB 441. HB 449. HB 461. HB 462.

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

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HB 465. HB 466. HB 467. HB 468. HB 472. HB 473. HB 474. HB 479.

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 Education 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 63. SB 221. SB 308. HB 205.

Do pass by substitute. Dopassbysubstitute. Do pass by substitute. Do pass.

Respectfully submitted, Senator Foster of the 50th 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 67. SB 236. SB 237. SB 243.

Do pass by substitute. Do pass. Do pass by substitute. Do pass.

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505

SB 244. SB 245. SB 299. SR 77.

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

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Governmental Operations 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 291. Do pass as amended.

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 has instructed me to report the same back to the Senate with the following recommendations:

SB 102. SB 227. SB 136. SB 249. SB 292. SB 295.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

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

506 Mr. President:

JOURNAL OF THE SENATE

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

SB 198. Do pass by substitute. SB 285. Do pass by substitute.

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

Mr. President:

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 following recommendations:

SB 155. Do pass. SB 156. Do pass.

Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

Your Committee on Transportation 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 288. Do pass. HB 40. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

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507

The following bills and resolution of the Senate and House were read the sec ond time:

SB 34. By Senator Kidd of the 25th:
A bill to provide for setting aside the conviction in certain criminal cases; to provide procedures in connection therewith; to provide for the rights of persons who have convictions set aside; to provide for construction; to provide for criminal records.

SB 50. 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 Corrections and to prisons, public work camps, and prisoners, as amend ed, so as to change the time when the Commissioner of Offender Rehabilitation is to be notified of sentence.

SB 190. By Senators Lester of the 23rd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall become eligible for consideration for parole after serving ten years.
SB 199. By Senator Scott of the 43rd:
A bill to amend an Act known as "The Georgia Justice Courts Training Council Act", as amended, so as to provide that the term "justice of the peace" shall not include any justice of the peace or notary public ex officio justice of the peace who is a practicing attorney.
SB 252. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Chapter 88-5, relating to hospitalization and treat ment procedures for the mentally ill, as amended, so as to require that the sheriff be notified of the status of certain persons after their involun tary admission to a facility.

SB 254. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment procedures for alcoholics, drug dependent individuals, and drug abusers, as amended, so as to require that the sheriff be notified of the status of certain persons after their involuntary admission to a facility.

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SB 290. By Senators Littlefield of the 6th and Wessels of the 2nd:
A bill to amend an Act relating to provision of housing in the interests of national defense, as amended, so as to authorize housing authorities to initiate projects under the Act in certain areas.

SB 305. By Senator Stephens of the 36th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to authorize the Secretary of State to furnish state flags, without cost, to the various superior and state courts throughout the state.

SR 61. By Senators Garner of the 30th, Kennedy of the 4th, Barnes of the 33rd and others:
A resolution creating the Joint Correctional Institution Study Committee.

HB 280. By Representative Galer of the 97th:
A bill to amend an Act providing for veterans services in Georgia, so as to make certain provisions regarding widows applicable to all surviving spouses.

HB 281. By Representative Galer of the 97th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide for payment of certain pensions and rewards to all surviving spouses rather than to widows.

HB 293. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act establishing the State Court of Carroll County (formerly the City Court of Carrollton), so as to change provisions relating to the compensation and staff of the solicitor.

HB 294. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County, so as to change the compensation of the Commissioner of Carroll County.

HB 351. By Representative Jackson of the 77th:
A bill to amend an Act relating to Columbia County, so as to change cer tain provisions relating to the jail and courthouse; to provide for the site of the construction of a new jail.

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509

HB 385. By Representative Ralston of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to provide for the election and term of the school superintendent of Gordon County.

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

HB 295. 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, so as to change the compensation of the clerk of the Superior Court of Carroll County.

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

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

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

HB 310. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to amend an Act to create and establish the State Court of Houston County, so as to change the terms of said court.

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

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

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

HB 369. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a small claims court for Whitfield Coun ty, Georgia, so as to change the provisions relating to jurisdiction of said court.

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

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

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

HB 349. By Representative Sizemore of the 136th:
A bill to repeal "An Act to establish a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U.S. Census of 1960 or any such future census".

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 349 on Page 1, Line 3, by substituting the word "popula tion" for the misspelled word "popolation".
On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

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

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

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

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

A11 g od Ballard Barker Barnes Bel1 Bond
Bowen Brannon Brantley
Broun of 46th Brown of 47th Eryant Cobb Coleman

Deal Dean Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th Foster
Garner Qillis Greene Hill Horton

Howard Hudgins Hudson Kennedy Kidd Land
Lester Littlefield McGill
McKenzie Reynolds Robinson Scott Starr

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511

Stephens Stumbaugh Summers Tate

Thompson Timmons Trulock Turner

Tysinger Walker Wessels

Those not answering were Senators:

Coverdell

Holloway (excused)

Sutton

Senator Garner of the 30th introduced the chaplain of the day, Reverend Brantley Harwell, pastor of the First Baptist Church, Carrollton, Georgia, who of fered scripture reading and prayer.

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

SR 81. By Senators Wessels of the 2nd, Barnes of the 33rd, Thompson of the 32nd and others:
A resolution commending the Georgia members of the Communications Workers of America for their community service activities.

SR 89. By Senators Cobb of the 28th and Garner of the 30th: A resolution expressing sympathy at the passing of Mr. Sid Lambert.

HR 219. By Representatives Buck of the 95th, Galer of the 97th, Cason of the 96th and others:
A resolution commending the Honorable Milton Jones.

Senator Hudson of the 35th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

SB 144. By Senator Hudson of the 35th:
A bill to amend an Act authorizing the board of commissioners of Fulton County to establish rules and regulations governing the payment of pen sions to county employees, as amended, so as to provide for claiming and granting of certain prior service credit; to prescribe the procedure in con nection with said prior service credit.

On the motion, the yeas were 33, nays 2; the motion prevailed, and SB 144 was withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs.

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Senator Lester of the 23rd 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 130. By Representatives Thomas of the 66th, Lawson of the 9th, Fuller of the 16th and others:
A bill to amend Code Title 105, relating to torts, so as to provide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 130 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Special Judiciary.

Senator Ballard of the 45th moved that the following bill of the Senate be withdrawn from the Committee on Industry, Labor and Tourism and committed to the Committee on County and Urban Affairs:

SB 304. By Senator Ballard of the 45th:
A bill to amend an Act known as the "Development Authorities Law," as amended, so as to provide for the board of directors in certain counties; to provide for the repeal of certain provisions.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 304 was withdrawn from the Committee on Industry, Labor and Tourism and committed to the Committee on County and Urban Affairs.

SENATE CALENDAR Tuesday, February 17, 1981 EIGHTEENTH LEGISLATIVE DAY

SB 56.
SB 57.
SB 74. SB 91. SB 133.
SB 216.

State Departments--employ certain employees involved in reduction force (SUBSTITUTE) (Gov Op-25th)
State Emmployees Workers' Compensation--supplemental compensation (SUBSTITUTE) (Gov Op--25th)
Handicapped Parking--institutional permits (Gov Op--42nd)
Election Code--notice to electors (SUBSTITUTE) (Gov Op--25th)
Deceased Depositors--certain amount apply to funeral expenses (AMENDMENT) (BF&I-25th)
Prohibiting State Officials and Employees from Engaging in Certain Transactions (Gov Op--25th)

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513

SR 15. SR 50. HB 17. HB 72. HB 263. HR 103. HB 103. SB 141. SB 148. SB 149. SB 150. SB 162. SB 189. SB 200. SB 217. SB 289. HB 47. HB 93. HB 114. HR 62.

Board of Regents--each congressional district elect one member (Gov Op--25th)
Bill Raising Revenue--two thirds approval of General Assembly to increase appropriation (AMENDMENT) (BF&I--5th)
State Health Insurance Plan--blind, disabled vendors (Gov Op--44th)
Alcoholic Beverages--unlawful to possess in elementary, high, trade school (C Aff--27th)
Agricultural Commodity Commissions--filling certain vacancies (Ag-24th)
Financial Assistance for Relocation of Certain Utility Lines--urge Congress (Ag--24th)
Division of Conservation--repeal provisions on suits against (NREQ-20th)
Sheriff's Retirement--legal costs in civil suit, case (Ret--llth)
Local Government Impact Fiscal Notes Act--provide (SUBSTITUTE) (C&UA-G-5th)
Superior Court Clerks Training Council-establish (SUBSTITUTE) (GovOp-31st)
Superior Court Clerks--election qualifications, term of office (SUBSTITUTE) (Gov Op-31st)
Witnesses at Executions--prohibit certain individuals (Judy--30th)
License to Carry Pistol, Revolver--certain retired policemen free (Judy-13th)
Federal Census--effective date for application of certain laws (Judy-33rd)
Probate Court Judges--increase salaries (AMENDMENTS) (Gov Op--25th)
City-County Joint Development Authority--creation (C&UA-G-6th)
Superior Court Reporters--change expenses and allowances (Judy--49th)
Public School Employees Retirement Board of Trustees--change title of member (Ret--38th)
City, County Employee Compensation--deferral compensation (Judy-49th)
Article V of the United States Constitution--need for clarification by Congress (Judy--42nd)

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

SB 9. By Senator Wessels of the 2nd:
A bill to provide for and assist in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population; to provide legislative intent; to repeal specific laws; to pro vide for severability.

The House amendment was as follows:
Amend SB 9 by striking subsection 569 at Page 108, subsection 617 at Page 116, subsection 624 at Page 118, and subsection 669 at Page 127, of Section 2 in their entirety, and re-numbering the subsections according-

Senator Wessels of the 2nd moved that the Senate agree to the House amend ment to SB 9.

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd
Lester McGill McKenzie

Those not voting were Senators:

Barnes Bowen Evans

Fincher of 52nd Garner Holloway (excused)

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land Littlefield

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 9.

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515

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

SB 11. By Senator Greene of the 26th:
A bill to amend Code Section 46-104, relating to additional summons of garnishment, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits.

Senator Thompson of the 32nd moved that the House substitute to SB 11 be printed.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the House substitute to SB 11 was ordered printed.

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

SB 56. 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 require departments to employ certain employees in volved in a reduction in force under certain circumstances.

The Senate Committee on Governmental Operations offered the following substitute to SB 56:

A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, so as to require departments to employ certain employees involved in a reduc tion 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 authorize a depart ment to deny employment to individuals who are qualified and who are involved in a reduction in force under certain circumstances; to provide for rules and regulations; to repeal conflicting laws; and for other pur poses.
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

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March 13, 1975 (Ga. Laws 1975, p. 79), as amended, is hereby amended by adding immediately 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 status personnel of the classified service within any department of state government, a department, prior to employing a nonstate employee in any job vacan cy at the same or lower pay grade for which the employees affected by the reduction qualify, shall be required to employ any employee separated as a result of 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 and for which his previous training and experience is appropriate, provided that such employee has a per formance evaluation of very good or better. The department shall on ly be required to consider for employment for a job vacancy any such employee who does not have a performance evaluation of very good or better. For the purposes of this Act, an employee who has numerical retention credits of 88 or more, computed as provided in the present regulation of the State Personnel Board on reduction in force, excluding those credits used for length of service, shall be deemed to have a performance evaluation of very good or better. An individual involved in a reduction in force who is employed by the department as provided 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) Notwithstanding any other provisions of this section, if a department determines that it is not in its best interest to employ an individual involved in a reduction in force even though the individual has a performance evaluation of very good or better, the department may deny employment to such individual. Written notices of the denial shall be provided to the affected employee(s) and to the State Personnel Board. The notice shall include the specific reason(s) for the denial and a statement that the employee may appeal the action to the State Personnel Board as provided in Section 7A of this Act.
(c) The provisions of this section shall apply for a period of one year from the effective date of the separation of the employee or until the employee refuses an offer of a position for which he is qualified and for which his training and experience is appropriate. Acceptance of other state employment, regardless of pay grade, nullifies these provisions regarding placement of separated employees.''
Section 2. The State Personnel Board may promulgate rules and regulations to implement the provisions of this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

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517

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 Brannon Bryant Eldridge

Horton Hudgins Kennedy Kidd Lester

Those voting in the negative were Senators:

Allgood Ballard Barnes Bell Bowen Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudson Land

Those not voting were Senators:

Holloway (excused)

Stephens

Littlefield McKenzie Robinson Stumbaugh Tate
McGill Reynolds Scott Starr Summers Thompson Timmons Trulock Turner Tysinger Walker Wessels
Sutton

On the passage of the bill, the yeas were 15, nays 38.

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 SB 56.

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:

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SB 45. By Senator Barnes of the 33rd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the provisions relating to the penalties for the violation of Code Section 22-5105, prohibiting corporations from contributing to influence official actions.

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

SB 57. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensa tion.

The Senate Committee on Governmental Operations offered the following substitute to SB 57:

A BILL
To be entitled an Act to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensation; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 89-7, relating to salaries and fees of state of ficers and employees, as amended, is hereby amended by adding im mediately following Code Section 89-702 a new Code section, to be designated Code Section 89-703, to read as follows:
"89-703. Supplemental compensation in conjunction with workers' compensation benefits. A state employee who qualifies for workers' compensation benefits pursuant to Code Title 114 as a result of an injury incurred in his state employment shall be compensated by his employer as follows: the employer shall pay the employee a weekly amount which equals the average weekly wages of the employee at the time of the injury, as determined pursuant to the pro cedures of Code Section 114-402, less the amount of any workers' compensation benefits received by the employee for any such week; provided, however, that such additional compensation shall not ex ceed $100.00 per week. Such supplemental compensation shall last for the duration of the disability or 13 weeks, whichever occurs first. Such supplemental compensation shall be retroactive to the date of the injury. The State Personnel Board shall promulgate rules and regulations outlining procedures to implement the provisions of this Act."

TUESDAY, FEBRUARY 17, 1981

519

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brown of 47th Bryant

Dean Eldridge Garner Hill Hudgins Hudson Kennedy

Kidd Lester Littlefield Robinson Stephens Tate

Those voting in the negative were Senators:

Ballard Barnes Bell Brantley Broun of 46th Cobb Coleman Coverdell Deal English Engram Evans

Fincher of 52nd Fincher of 54th Foster Gillis Greene Horton Howard Land McGill McKenzie Reynolds Scott

Starr Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting was Senator Holloway (excused).

On the passage of the bill, the yeas were 20, nays 35.
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 SB 57.

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SB 91. By Senator Kidd of the 25th:
A bill to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for notice to be provided to electors; to pro vide for permanency of registration, biennial revision of records, and registration; to provide for the payment of a fee for the production of an electors' list.

The Senate Committee on Governmental Operations offered the following substitute to SB 91:

A BILL
To be entitled an Act to amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for notice to be pro vided to electors; to provide for permanency of registration, biennial revision of records, and reregistration; to provide for the payment of a fee for the production of an electors' list; to change the provisions relating to the filing of a certified list; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 34, also known as the Georgia Election Code, as amended, is hereby amended by striking in its entirety subsection jc) of Code Section 34-617, relating to text of qualifications to be applied by registration offices, and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, the registrars shall give such person written notice by first-class mail sent to the address on his registration card, stating a place and time of hear ing, not less than five nor more than 30 days from the date of notice, to determine the elector's eligibility to remain on the list of electors. The elector's failure to respond in person or by mail by the date set for the hearing shall constitute cause for removing the elector's name from the list.''
Section 2. Said Code title is further amended by striking in its entire ty subsection (a) of Code Section 34-620, relating to permanency of registration and biennial revision of records and reregistration, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The electors who have qualified shall not thereafter be re quired to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general or special election or primary, as provided in this Section, or a municipal general or special election or primary if the county is fur nishing the electors' list to a municipality within three years im mediately preceding the first day of January of each odd-numbered year unless he shall specifically request continuation of his registra tion in the manner hereinafter provided."

TUESDAY, FEBRUARY 17, 1981

521

Section 3. Said Code title is further amended by striking in its entire ty Code Section 34-623, relating to filing of certified list with superior court clerk and Secretary of State, obtaining list from Secretary of State and Board of Registrars and arrangement of names and appearance of name on list as prerequisite to voting, and substituting in lieu thereof a new Code Section 34-623 to read as follows:
"34-623. Filing of certified list with superior court clerk and Secretary of State; obtaining list from Secretary of State and Board of Registrars; arrangement of names; appearance of name on list as prerequisite to voting. Within three days after completing such list of electors, the registrars shall file with the clerk of the superior court of their county and Secretary of State a certified copy of such list ac companied by their certification of the number of electors by race in each election district in their county. When requested, it shall be the duty of the Secretary of State or the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and shall include address and zip code. No person whose name does not appear on such list shall vote or be allowed to vote at any election, except as hereinafter provided. Such lists of electors shall not be used by any person for commercial purposes.''
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. All laws and parts of laws in conflict with this Act 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Hudgins Hudson Kennedy Kidd Lester McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway (excused) Horton

Howard Land

Littlefield Robinson

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 133. By Senator Kidd of the 25th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for the application of a certain amount of the bank deposits of deceased depositors to funeral expenses.

The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:

Amend SB 133 by adding in the title on Page 1, line 7, immediately preceding the words "to repeal", the following:
"to provide that certain payments shall act as a complete acquittal and discharge to the bank of liability under certain circumstances;".
By adding on Page 1, Section 1, line 27, immediately following the sentence which ends with the word "paid", the following three sentences:

TUESDAY, FEBRUARY 17, 1981

523

"The payment of funeral expenses, including the physician's bill and expenses of last sickness, of the deceased depositor by the bank shall operate as a complete acquittal and discharge to the bank of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. In any case in which a deceased depositor has more than $2,500.00 on deposit in a bank, such bank shall be authorized to pay any amount up to $2,500.00 as authorized by this section. The payment shall only act as a full and final acquittance of liability up to the amount paid by the bank and shall not act as a full and final acquittance to the bank of all liability."

Senator Allgood of the 22nd moved that he be excused from voting on SB 133, stating that he had a personal interest in the results.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on SB 133.

On the adoption of the amendment, the yeas were 34, nays 4, and the commit tee amendment was adopted.

Senator Kidd of the 25th offered the following substitute to SB 133:

A BILL
To be entitled an Act to amend Code Title 41A, known as the Finan cial Institutions Code of Georgia, as amended, so as to provide for the ap plication of a certain amount of the bank deposits of deceased depositors to funeral expenses; to increase the amount of deceased depositors' deposits in building and loan associations or savings and loan associa tions which may be applied to funeral expenses; 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 Sec tion 41A-1610.1, immediately following Code Section 41A-1610, to read as follows:
"41A-1610.1. Deposits applied to funeral expenses. If no applica tion for the deposit is made by any person named in Code Section 41A-1610 within 90 days after the death of a depositor, a bank is authorized to apply not more than $2,500.00 of the deposit of such deceased depositor, including any sums deposited on the deceased depositor's behalf within 60 days after the depositor's death, in pay ment of the funeral expenses and expenses of the last sickness, in cluding expenses of physicians, hospitals, nursing homes, and phar macies, of such deceased depositor upon receipt of an itemized state ment of such expenses and the affidavit of the provider of such ser-

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vices that said statement is true and correct and has not been paid. If the foregoing expenses, or the application of any person named in Code Section 41A-1610 after 90 days after the death of the depositor, exceed the amount on deposit on behalf of the decedent or $2,500.00, whichever is less, the bank shall be authorized to make such payments on a prorated basis among the statements and applications received within 120 days after the deceased depositor's death and, after said 120 days, then in the order it receives such statements and applications. The payment of funeral expenses, including the physi cian's bill and expenses of last sickness, of the deceased depositor by the bank shall operate as a complete acquittal and discharge to the bank of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. In any case in which a deceased depositor has more than $2,500.00 on deposit in a bank, such bank shall be authorized to pay any amount up to $2,500.00 as authorized by this Code section. The payment shall on ly act as a full and final acquittance of liability up to the amount paid by the bank and shall not act as a full and final acquittance to the bank of all liability."
Section 2. Said Code title is further amended by striking Code Sec tion 41A-3524 in its entirety and inserting in lieu thereof a new Code Sec tion 41A-3524 to read as follows:
"41A-3524. Deposits applied to funeral expenses. If no applica tion for the deposit is made by any person named in Code Section 41A-3523 within 90 days from the death of a depositor, a building and loan association or a savings and loan association is authorized to ap ply not more than $2,500.00 of the deposit of such deceased depositor, including any sums deposited on the deceased depositor's behalf within 60 days after the depositor's death, in payment of the funeral expenses and expenses of the last sickness, including expenses of physicians, hospitals, nursing homes, and pharmacies, of such deceas ed depositor upon receipt of an itemized statement of such expenses and the affidavit of the provider of such services that said statement is true and correct and has not been paid. If the foregoing expenses, or the application of any person named in Code Section 41 A-3523 after 90 days after the death of the depositor, exceed the amount on deposit on behalf of the decedent or $2,500.00, whichever is less, the bank shall be authorized to make such payments on a prorated basis among the statements and applications received within 120 days after the deceased depositor's death and, after said 120 days, then in the order it receives such statements and applications."
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 10, nays 25, and the substitute was lost.

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

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525

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 Bowen Brannon Broun of 46th Bryant Coleman

Eldridge English Fincher of 54th Kennedy Kidd

Lester McKenzie Scott Starr Stephens

Those voting in the negative were Senators:

Barker Barnes Bell Bond Brantley Brown of 47th Cobb Coverdell Deal Dean Engram Evans Fincher of 52nd

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Land McGill Reynolds

Robinson Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood (excused)

Holloway (excused)

On the passage of the bill, the yeas were 16, nays 37.

Littlefield

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

Senator Fincher of the 54th introduced the doctor of the day, Dr. Earl McGhee, of Dalton, Georgia.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto, said substitute having been ordered printed previously to day:

SB 11. By Senator Greene of the 26th:
A bill to amend Code Section 46-104, relating to additional summons of garnishment, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits.

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JOURNAL OF THE SENATE

The House substitute to SB 11 was as follows:

A BILL
To be entitled an Act to amend Code Title 46, relating to garnish ment, as amended, so as to provide for automatic dismissal of garnish ment proceedings based on certain affidavits; to clarify the application of certain provisions to continuing garnishments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 46, relating to garnishment, as amended, is hereby amended by designating the first sentence of Code Section 46-104 as subsection (a) and by adding immediately thereafter a new subsection (b) to read as follows:
"(b) In the event no summons of garnishment has been issued on an affidavit for two years or more, the garnishment proceeding based on that affidavit shall automatically stand dismissed."
Section 2. Said Code title is further amended by adding at the end of Code Section 46-701, after the following:
"in this Code title",
the following:
"Including but not limited to those proceedings after answer pro vided in Code Section 46-510",
so that when so amended said Code section shall read as follows:
"46-701. Additional remedy. In addition to garnishment pro ceedings otherwise available under this Code title, in cases where a money judgment shall have been obtained in a court of this state, the plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom such judgment has been obtained. Unless otherwise specifical ly provided in this Code chapter, the methods, practices, and pro cedures for continuing garnishment shall be the same as for any other garnishment as provided in this Code title, including but not limited to those proceedings after answer provided in Code Section 46-510.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 11.

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

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527

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Brannon Dean

Fincher of 52nd Holloway (excused)

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Littlefield Tysinger

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 11.

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

SB 216. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, as amended, so as to provide for exceptions under certain cir cumstances to continue certain regulations; to provide for exceptions.

Senator Evans of the 37th offered the following amendment:

Amend SB 216 by adding a new section (4) on Page 3 between lines 18 and 19 to read as follows:

"(4) Copies of the written certifications referred to in sections (1) and (2) above shall be sent promptly to the Secretary of State who shall maintain a file of such certificates for public inspection."

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Senator Sutton of the 9th offered the following amendment:

Amend SB 216 by adding on line 8 of Page 1 after the following:

"exceptions;",

the following:

"to make certain conduct of members of the General Assembly unlawful; to provide an exception;".

By adding on line 21 of Page 1 after the following:

"Section 1.",

the following: "(a)".

By adding between line 18 and line 19 of Page 3 the following:
"(b) It shall be unlawful for any member of the General Assembly of Georgia to contract to buy from or sell to the State of Georgia any real or personal property, goods, or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit such member; provided, however, this prohibition shall not apply to transactions which do not exceed $100.00 per month. This provision shall exclude a third party contract."
Senator Land of the 16th offered the following amendment:
Amend the amendment offered by Senator Sutton of the 9th to SB 216 by striking on line 16 the words "buy from or" and by striking on line 19 the words "purchase or".
Senator Bryant of the 3rd offered the following amendment:
Amend the amendment offered by Senator Sutton of the 9th to SB 216 by adding on Page 1 at line 22 the following:

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529

"Contractors offering services or selling goods to the State who are regulated by the Public Service Commission, the Department of Banking and Finance, are exempt from the provisions of the Act."

Senator Stumbaugh of the 55th offered the following amendment:

Amend the amendment offered by Senator Sutton of the 9th to SB 216 by adding the words "to lease to or" between the word "contract" and the word "to" on line 16.

Senator Coleman of the 1st offered the following amendment:

Amend the amendment offered by Senator Sutton of the 9th to SB 216 by adding the following to line 22:

"When the low bidder is a member of the General Assembly and a determination is made by the Purchaser of goods or services that the best interest of the State may be served by accepting the low bid this section shall not apply."

Senator Kidd of the 25th moved that SB 216 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 43, nays 7; the motion prevailed, and SB 216 was committed to the Committee on Governmental Operations.

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

SR 15. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of one member of the Board of Regents of the University System of Georgia from each congressional district by the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district and to provide for four- year terms of office for members of the board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article VIII, Section IV of the Constitution is hereby amended by striking Paragraph I, which reads as follows:
"Paragraph I. University System of Georgia; Board of Regents. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall con sist of one member from each Congressional District in the State, and five additional members from the State at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The members in office on the effective date of this Constitution shall serve out the remainder of their respec tive terms. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by the expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the suc cessor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adop tion of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law.",
in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. University System of Georgia; board of regents. There shall be a Board of Regents of the University System of Georgia; and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Except as otherwise provided herein, said Board of Regents of the University System of Georgia shall consist of one member from each congressional district in the state who shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The Governor shall not be a member of said board. All members shall be elected for terms of four years each and until their successors are duly elected and qualified. The members of the board in office on January 1, 1983, shall serve out the remainder of their respective terms. As state-atlarge members' terms expire or vacancies occur in such offices, such positions on the board shall be abolished. The successors to members appointed prior to January 1, 1983, from congressional districts, as their respective terms expire, shall be elected by the General Assembly as provided herein. Except for state-at-large members as

TUESDAY, FEBRUARY 17, 1981

531

provided above, in the event that any vacancy for any cause shall oc cur in the membership of the board, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the House of Representatives and Senate whose respec tive districts are embraced or partly embraced within the congres sional district where the vacancy occurred at a meeting which shall be called by the Speaker of the House of Representatives and the Presi dent of the Senate at the state capitol and in the manner provided herein for the election of board members. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of the Constitu tion of 1945, together with such further powers and duties as may now or hereafter be provided 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 written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the election of one member of the Board of Regents of the
[ ] NO University System of Georgia from each congressional district by the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district and to provide for four-year terms of office for members of the board?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Gillis of the 20th moved to commit SR 15 to the Committee on Govern mental Operations.

Senator Evans of the 37th moved to amend the motion offered by Senator Gillis of the 20th to commit SR 15 to the Committee on Higher Education.

Senator Kidd of the 25th moved the previous question.

Senator Gillis of the 20th moved that SR 15 be placed on the Table.

On the motion, the yeas were 42, nays 1; the motion prevailed, and SR 15 was placed on the Table.

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SR 50. By Senators Bell of the 5th, Coverdell of the 40th and Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly shall become law without the approval of two-thirds of the members elected to each branch of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VII, Paragraph VIII of the Constitution is hereby amended by adding at the end thereof the following:
"No bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly pursuant to Section X of this Article shall become law without the approval of two-thirds of the members elected to each branch of the General Assembly in a roll-call vote. The State Revenue Commissioner shall determine if a bill increases funds available to the General Assembly for appropriation within the meaning of this Paragraph and shall cer tify such determination to the President of the Senate and the Speaker of the House of Representatives. Such certification shall bind the General Assembly for the purposes of this Paragraph.",
so that when so amended Article III, Section VII, Paragraph VIII shall read as follows:
"Paragraph VIII. Bills for Revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Represen tatives, but the Senate may propose, or concur in amendments, as in other bills. No bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly pur suant to Section X of this Article shall become law without the ap proval of two-thirds of the members elected to each branch of the General Assembly in a roll-call vote. The State Revenue Commis sioner shall determine if a bill increases funds available to the General Assembly for appropriation within the meaning of this Paragraph and shall certify such determination to the President of the Senate and the Speaker of the House of Representatives. Such certification shall bind the General Assembly for the purposes of this Paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that no bill raising revenue which will result in an increase in the

TUESDAY, FEBRUARY 17, 1981

533

[ ] NO

funds available for appropriation by the General Assembly shall become law without the approval of twothirds of the members elected to each branch 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 proposed amendment shall vote "No''.

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

The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:

Amend SR 50 by striking on Page 1, line 2 the word "revenue" and inserting in lieu thereof the following:
"income taxes, sales taxes, or fuel taxes".
By striking on Page 1, line 13 the word "revenue" and inserting in lieu thereof the following:
"income taxes, sales taxes, or fuel taxes".
By striking on Page 2, line 4 the word "revenue" and inserting in lieu thereof the following:
'' income taxes, sales taxes, or fuel taxes''.
By striking on Page 2, line 24 the word "revenue" and inserting in lieu thereof the following:
"income taxes, sales taxes, or fuel taxes".

Senator Kidd of the 25th moved that SR 50 be committed to the Committee on Banking, Finance and Insurance.

Senator Bell of the 5th moved that SR 50 be placed on the Table.

Senator Bell of the 5th asked unanimous consent that the motion to table SR 50 be withdrawn; the consent was granted, and the motion offered by Senator Bell of the 5th to table SR 50 was withdrawn.

Senator Bell of the 5th moved the previous question.

On the motion, the yeas were 24, nays 17; the motion prevailed, and the previous question was ordered.

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Senator Gillis of the 20th moved that SR 50 be placed on the Table.

On the motion, Senator Bell of the 5th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bond Broun of 46th Brown of 47th Bryant Cobb Coleman English Evans

Fincher of 52nd Fincher of 54th Gillis Hill Hudson Kennedy Kidd Lester McGill

Those voting in the negative were Senators:

Ballard Barker Barnes Bell Bowen Brantley Coverdell Deal Dean

Eldridge Engram Foster Garner Greene Horton Howard Hudgins Land

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

Those not voting were Senators:

Brannon

Holloway (excused)

Littlefield

On the motion offered by Senator Gillis of the 20th, the yeas were 26, nays 27; the motion was lost, and SR 50 was not placed on the Table.

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

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

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

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535

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bowen Brantley Broun of 46th Coverdell Deal Dean Eldridge

Engram Fincher of 52nd Foster Garner Greene Horton Howard Hudgins Land Lester Reynolds

Robinson Scott Starr Stephens Stumbaugh Sutton Thompson Trulock Turner Tysinger

Those voting in the negative were Senators:

Ballard Bond Brown of 47th Bryant Cobb Coleman English

Evans Fincher of 54th Gillis Hill Hudson Kennedy Kidd

McGill McKenzie Summers Tate Timmons Walker Wessels

Those not voting were Senators:

Brannon

Holloway (excused)

Littlefield

On t. ; adoption of the resolution, the yeas were 32, nays 21.

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

Senator Bell of the 5th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 50.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in defeating the following bill of the Senate:

SB 133. By Senator Kidd of the 25th:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for the application of a certain amount of the bank deposits of deceased depositors to funeral expenses.

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JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:45 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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537

Senate Chamber, Atlanta, Georgia Wednesday, February 18, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called 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 Kidd of the 25th moved that the Senate reconsider its action of February 17 in defeating the following bill of the Senate:

SB 56. 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 require departments to employ certain employees in volved in a reduction in force under certain circumstances.

On the motion, the yeas were 28, nays 3; the motion prevailed, and SB 56 was reconsidered and placed at the foot of the Calendar.

Senator Kidd of the 25th moved that the Senate reconsider its action of February 17 in defeating the following bill of the Senate:

SB 57. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensa tion.

On the motion, the yeas were 26, nays 4; the motion prevailed, and SB 57 was reconsidered and placed at the foot of the Calendar.

Senator Bell of the 5th moved that the Senate reconsider its action of February 17 in defeating the following resolution of the Senate:

SR 50. By Senators Bell of the 5th, Coverdell of the 40th and Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that no bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly shall become

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JOURNAL OF THE SENATE

law without the approval of two-thirds of the members elected to each branch of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

On the motion, Senator Bell of the 5th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brantley Eldridge Evans

Greene Hudgins Robinson Scott

Those voting in the negative were Senators:

Stumbaugh Sutton Thompson Tysinger

Allgood Barnes Brannon Broun of 46th Brown of 47th Cobb Coleman Deal

Dean English Garner Gillis Kennedy Kidd McGill

Those not voting were Senators:

McKenzie Reynolds Starr Stephens Summers Trulock Turner

Ballard Bond Bowen Bryant Coverdell Engram Fincher of 52nd

Fincher of 54th Foster Hill Holloway (excused) Horton Howard Hudson

Land Lester Littlefield Tate Timmons Walker Wessels

On the motion, the yeas were 13, nays 22; the motion was lost, and SR 50 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 and resolutions of the House:

WEDNESDAY, FEBRUARY 18, 1981

539

HB 581. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the compensation of the mayor and councilmen: to authorize the mayor and council to establish appropriate schedules of fees for the collection of garbage and waste.
HB 582. By Representatives Sizemore of the 136th and Branch of the 137th: A bill to create and establish a Small Claims Court of Turner County; to provide for the initial judge.
HB 586. By Representatives Snow and Hays of the 1st, Foster of the 6th and others: A bill to amend an Act placing the coroner of Walker County upon a monthly salary, so as to provide for a mileage allowance for the coroner.
HB 592. By Representative Collins of the 144th: A bill to amend an Act placing the Judge of the Probate Court of Mitchell County on an annual salary, so as to require all fees and other compensa tion received by the Judge of the Probate Court of Mitchell County, as custodian of vital records and issuing certified copies of such records shall not be retained by her but shall be paid over into the county treasury.
HB 593. By Representative Collins of the 144th: A bill to repeal an Act placing the Coroner of Mitchell County on a salary with travel allowances in lieu of the fee system.
HB 594. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act creating and establishing a Small Claims Court for Laurens County, so as to change certain jurisdictional limits.
HB 598. By Representatives Ware of the 68th, Thomas and Johnson of the 66th: A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.
HB 591. By Representative Collins of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to redefine the number of electors required on a nominating petition in city elections.

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HB 599. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commis sioner of Heard County, so as to change the compensation of the tax com missioner.

HB 600. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

HB 601. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.
HB 602. By Representatives Ware of the 68th, Thomas and Johnson, of the 66th:
A bill to amend an Act to create the office of Commissioner of Heard County, so as to change the compensation of the commissioner.

HB 606. By Representatives Wilson, Darden and Thompson of the 19th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.

HB 607. By Representatives Fortune and Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, so as to change the fees for filing actions therein.
HB 642. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Turner County.

HR 151. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interest of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to convey certain Stateowned real property located in the City of Brunswick, Glynn County, Georgia.

HR 65. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th: A resolution authorizing the State of Georgia, acting by and through its

WEDNESDAY, FEBRUARY 18, 1981

541

State Properties Commission, to accept a deed of correction, to provide an effective date.
HR 59. By Representative Jackson of the 77th:
A resolution authorizing the conveyance of certain State-owned real property located in Columbia County.
HB 251. By Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21st and others:
A b'ill to amend an Act known as the "Stone Mountain Memorial Associa tion Act", so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine and distilled spirits at the facilities of the association located within Stone Mountain Park by the package and for consumption on the premises.
HR 93. By Representative Crosby of the 150th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey certain State-owned real proper ty located in Clinch County, Georgia, to the City of Homerville, and the acceptance of certain property owned by the City of Homerville, located in Clinch County, Georgia, in consideration therefor.
HR 170. By Representatives Godbee of the 82nd and Lane of the 81st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts.
HR 206. By Representatives Scott of the 123rd, Triplett of the 128th, Phillips of the 125th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources does not exceed $10,000.00.
HB 186. By Representatives Childs of the 51st, Holmes of the 39th, Clark of the 55th and others:
A bill to provide for printing a supply of a summary of proposed general amendments to the Constitution for distribution to interested citizens.

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JOURNAL OF THE SENATE

HB 67. By Representatives Lane of the 40th, Adams of the 36th and Couch of the 43rd:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to provide for the issuance of handicapped parking permits by mail; to eliminate fees for handicapped parking permits and provide for the issuance of such permits without charge.

HB 169. By Representatives Smith of the 42nd, Lane of the 40th, Adams of the 36th and others:
A bill to prohibit counties or municipalities from imposing certain business license fees or occupational taxes.

The House has agreed to the Senate amendment to the following bills of the House:
HB 196. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase bonded license agents' fees; to increase cash license agents' fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the com bination license fee; to increase freshwater fishing license fees.

HB 208. By Representatives Swann of the 90th and Jessup of the 117th:
A bill to provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war.

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

HB 39. By Representatives Steinberg of the 46th, Culpepper of the 98th, Walker of the 115th and others:
A bill to amend Code Chapter 30-2, relating to alimony, so as to state fac tors which must be considered in determining whether to grant perma nent alimony.

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

HB 195. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend the Georgia Boat Safety Act, so as to provide for a revi-

WEDNESDAY, FEBRUARY 18, 1981

543

sion to the boating registration license fees; to revise the boating registra tion transfer fee.

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

SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provisions and pro cedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission.

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

SB 344. 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 change the provisions relating to adverse actions.
Referred to Committee on Governmental Operations.

SB 345. By Senator Kidd of the 25th:
A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Milledgeville Public Facilities Authority; to authorize the authority to acquire, construct, equip, main tain, and operate self-liquidating projects, including buildings and facilities for use by the City of Milledgeville.
Referred to Committee on County and Urban Affairs.

SB 346. By Senator Greene of the 26th:
A bill to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, so as to provide exceptions to notice requirements in certain cases involving bankruptcy proceedings.
Referred to Committee on Judiciary.

SB 347. By Senators Reynolds of the 48th, Wessels of the 2nd, Brown of the 47th and others:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to provide for the establishment of a lien upon motor vehicles owned by any person who becomes indebted to

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the state from assessments resulting from overweight motor vehicle cita tions.
Referred to Committee on Transportation.

SB 348. By Senator Littlefield of the 6th:
A bill to amend Code Section 45-812, relating to prohibited methods of taking fish, crustaceans, or mollusks in salt water, as amended, so as to make unlawful the placing, depositing, distributing, or scattering of bait on waters of this state for the purpose of attracting shrimp. Referred to Committee on Natural Resources and Environmental Quality.
SB 349. By Senator Tysinger of the 41st:
A bill to amend an Act creating a board of commissioners of DeKalb County, as amended, so as to provide with regard to rezoning decisions by DeKalb County for the rights of landowners adjoining or neighboring property rezoned by DeKalb County. Referred to Committee on County and Urban Affairs.

SB 350. By Senator Kidd of the 25th:
A bill to amend an Act creating the Small Claims Court of Hancock Coun ty, as amended, so as to change the provisions relating to costs in garnish ment cases. Referred to Committee on County and Urban Affairs.

SB 351. 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 County and Urban Affairs.

SR 91. By Senator Tysinger of the 41 st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law with regard to rezoning decisions by DeKalb County including, but not limited to, pro viding for the rights of landowners adjoining or neighboring property rezoned by DeKalb County; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

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

WEDNESDAY, FEBRUARY 18, 1981

545

HB 67. By Representatives Lane of the 40th, Adams of the 36th and Couch of the 43rd:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to provide for the issuance of handicapped parking permits by mail; to eliminate fees for handicapped parking permits and provide for the issuance of such permits without charge. Referred to Committee on Transportation.
HB 169. By Representatives Smith of the 42nd, Lane of the 40th, Adams of the 36th and others:
A bill to prohibit counties or municipalities from imposing certain business license fees or occupational taxes. Referred to Committee on Banking, Finance and Insurance.
HB 186. By Representatives Childs of the 51st, Holmes of the 39th, Clark of the 55th and others:
A bill to provide for printing a supply of a summary of proposed general amendments to the Constitution for distribution to interested citizens. Referred to Committee on Judiciary.
HB 251. By Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21 st and others:
A bill to amend an Act known as the ' 'Stone Mountain Memorial Associa tion Act", so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine, and distilled spirits at the facilities of the association located within Stone Mountain Park by the package and for consumption on the premises. Referred to Committee on Consumer Affairs.
HB 581. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the compensation of the mayor and councilmen; to authorize the mayor and council to establish appropriate schedules of fees for the collection of garbage and waste. Referred to Committee on County and Urban Affairs.
HB 582. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to create and establish a Small Claims Court of Turner County; to provide for the initial j udge. Referred to Committee on County and Urban Affairs.

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HB 586. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act placing the coroner of Walker County upon a monthly salary, so as to provide for a mileage allowance for the coroner.
Referred to Committee on County and Urban Affairs.

HB 591. By Representative Collins of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to redefine the number of electors required on a nominating petition in city elections. Referred to Committee on County and Urban Affairs.
HB 592. By Representative Collins of the 144th:
A bill to amend an Act placing the Judge of the Probate Court of Mitchell County on an annual salary, so as to require all fees and other compensa tion received by the Judge of the Probate Court of Mitchell County, as custodian of vital records and issuing certified copies of such records shall not be retained by her but shall be paid over into the county treasury. Referred to Committee on County and Urban Affairs.

HB 593. By Representative Collins of the 144th:
A bill to repeal an Act placing the Coroner of Mitchell County on a salary with travel allowances in lieu of the fee system. Referred to Committee on County and Urban Affairs.

HB 594. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing a Small Claims Court for Laurens County, so as to change certain jurisdictional limits. Referred to Committee on County and Urban Affairs.

HB 598. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.
Referred to Committee on County and Urban Affairs.

HB 599. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commis sioner of Heard County, so as to change the compensation of the tax com missioner.
Referred to Committee on County and Urban Affairs.

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547

HB 600. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

HB 601. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 602. By Representatives Ware of the 68th, Thomas and Johnson of the 66th:
A bill to amend an Act to create the office of Commissioner of Heard County, so as to change the compensation of the commissioner. Referred to Committee on County and Urban Affairs.

HB 606. By Representatives Wilson, Darden and Thompson of the 19th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District. Referred to Committee on County and Urban Affairs.

HB 607. By Representatives Fortune and Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, so as to change the fees for filing actions therein.
Referred to Committee on County and Urban Affairs.

HB 642. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Turner County. Referred to Committee on County and Urban Affairs.

HR 59. By Representative Jackson of the 77th:
A resolution authorizing the conveyance of certain State-owned real property located in Columbia County. Referred to Committee on Public Utilities.

HR 65. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th: A resolution authorizing the State of Georgia, acting by and through its

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State Properties Commission, to accept a deed of correction; to provide an effective date. Referred to Committee on Public Utilities.
HR 93. By Representative Crosby of the 150th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey certain State-owned real proper ty located in Clinch County, Georgia, to the City of Homerville, and the acceptance of certain property owned by the City of Homerville, located in Clinch County, Georgia, in consideration therefor. Referred to Committee on Public Utilities.

HR 151. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interest of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to convey certain Stateowned real property located in the City of Brunswick, Glynn County, Georgia.
Referred to Committee on Public Utilities.

HR 170. By Representatives Godbee of the 82nd and Lane of the 81st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts.
Referred to Committee on County and Urban Affairs.

HR 206. By Representatives Scott of the 123rd, Triplett of the 128th, Phillips of the 125th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources does not exceed $10,000.00.
Referred to Committee on County and Urban Affairs.

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

Mr. President:

Your Committee on Appropriations has had under consideration the following

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549

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 140. SR 59. SR 60. SR 71. HB 162. HR 60.

Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass.

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

Mr. President:

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

SB 304. SB 330. SB 331. HB 447. HB 448. HB 452. HB 494. HB 497. HB 508. HB 517. HB 518.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Mr. President:

HB 519. HB 520. HB 523. HB 543. HB 544. HB 552. HB 151. HB 450. HB 538. SR 86. SB 248.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Your Committee on County and Urban Affairs has had under consideration the

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following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 257. SB 316. SR 54.

Do pass. Do pass. Do pass by substitute.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 79. SB 143. SB 220. HR 45. HB 143. HB 122.

Do pass. Do pass by substitute. Do pass as amended. Do pass. Do pass by substitute. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 223. SB 247. SB 250.

Do pass by substitute. Do pass. Do pass.

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HB 129. Do pass as amended.
Respectfully submitted, Senator Ballard of the 45th District, Chairman
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 286. Do pass. SB 296. Do pass.
Respectfully submitted, Senator Wessels of the 2nd District, Chairman
The following bills and resolution of the Senate and House were read the sec ond time:
SB 63. By Senators Evans of the 37th, Engram of the 34th and Tate of the 38th: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to delete certain specifications relating to computing mileage from school.
SB 67. By Senators Coverdell of the 40th and Bond of the 39th: A bill 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 ac countability to the committee.
SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others: A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to pro vide a short title; to provide for definitions; to permit certain job-related conduct and prohibit other such conduct; to prohibit discrimination and retaliation.

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SB 136. By Senators Hudgins of the 15th and Greene of the 26th:
A bill to amend Code Chapter 24A-5, relating to the Council of Juvenile Court Judges, as amended, so as to change the provisions relating to the qualifications of judges hearing juvenile cases and their continual train ing.

SB 155. By Senators Coverdell of the 40th and Sutton of the 9th:
A bill to amend an Act providing requirements relative to local retire ment, pension, and emeritus systems so as to change the provisions relative to actuarial investigations and reports submitted to the state auditor; to provide for certain reports to the Governor and members of the General Assembly.

SB 156. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the deter mination of certain rates of interest.

SB 165. By Senator Tate of the 38th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population in excess of 500,000, according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population; to change the maximum amount of compensation which may be paid to such com missioners.

SB 198. By Senator Scott of the 43rd:
A bill to prohibit certain computer related crimes; to provide for a short title; to provide for legislative intent; to provide for definitions; to pro hibit computer fraud; to prohibit certain accessing, altering, damaging, or destroying of computers, computer systems, or computer networks and to prohibit certain attempts relating thereto.

SB 206. By Senator Bond of the 39th:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937," as amended, so as to provide that the board of family and children services in certain counties shall consist of ten members.

SB 221. By Senators Stumbaugh of the 55th, Hudgins of the 15th, Foster of the 50th and others:
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.

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553

SB 227. By Senators Lester of the 23rd, Barnes of the 33rd and Wessels of the 2nd:
A bill to amend Code Section 26-1302, relating to aggravated assault, as amended, so as to change the maximum punishment for aggravated assault.
SB 236. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act," as amended, so as to change the definition of a certain term; to change the provisions relating to the filing of campaign financing disclosure reports; to change the provisions relating to the duties of filing officers.
SB 237. By Senator Barnes of the 33rd: A bill to amend an Act providing for a health insurance plan for state employees, as amended, so as to provide for continuation of health in surance coverage of certain annuitants.
SB 243. By Senator Kidd of the 25th:
A bill to amend Code Section 93-202, relating to qualifications of members of the Georgia Public Service Commission, so as to provide ad ditional qualifications for members of the commission; to provide an ef fective date.
SB 244. By Senator Kidd of the 25th:
A bill to amend Code Section 88-115, relating to institutional powers and duties of the Department of Human Resources, so as to provide for the compensation of licensed practical nurses employed in the institutions under the jurisdiction of the department.
SB 245. By Senator Kidd of the 25th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the qualifications for the licensure and ex amination as a licensed practical nurse; to authorize the board to accept applications from applicants who expect to complete successfully a course of training in an approved school and hospital prior to the date of the examination applied for.
SB 249. By Senators Kidd of the 25th, McGill of the 24th and Ballard of the 45th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date.

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SB 285. By Senators Greene of the 26th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend Code Section 24-2710, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; to pro vide an effective date.
SB 288. By Senators Reynolds of the 48th, Brown of the 47th and Coleman of the 1st:
A bill to amend Code Section 95A-901, relating to uniform signs, signals, markings, and other traffic-control devices, so as to prohibit the sale of nonuniform signs, signals, markings, and other traffic-control devices; to provide for penalties for such prohibited sales.

SB 291. By Senators Stephens of the 36th, Howard of the 42nd and Hudson of the 35th:
A bill to create the State Board of Examiners of Power Engineers; to pro vide for a short title; to define certain terms; to provide for the appoint ment of members of the board and their terms, qualifications, compensa tion and removal; to provide for meetings and quorums; to provide for a joint-secretary of said board.

SB 292. By Senators Foster of the 50th and Brown of the 47th:
A bill to add one additional judge of the superior court for the Mountain Judicial Circuit; to provide for the appointment of the first such addi tional 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.

SB 295. By Senator Starr of the 44th:
A bill to amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to qualifications of constables; to change the provisions relating to acting as constable after removal from district.

SB 299. By Senator Broun of the 46th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the provisions regarding the qualifications of applicants for licensure.

SB 300. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Putnam County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

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555

SB 302. By Senator Kennedy of the 4th:
A bill to amend an Act creating the Small Claims Court of Evans County so as to change the provisions relating to commencement of actions and services; to change the provisions relating to costs; to delete the provi sions relating to jury trials.

SB 303. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authori ty; to provide for other matters relative thereto.

SB 308. By Senators Tate of the 38th, Ballard of the 45th, Horton of the 17th 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 teachers shall be given a duty-free lunch period and planning time.

SB 314. By Senator Ballard of the 45th:
A bill to provide for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairman of the Board of Commissioners of Newton County to reflect increases in the cost of living; to define certain terms.

SR 77. By Senators Robinson of the 27th, Land of the 16th, Foster of the 50th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide that the provisions shall be selfexecuting; to provide for the submission of this amendment for ratifica tion or rejection.

HB 40. By Representatives Jackson of the 9th, Jessup of the 117th, Coleman of the 118th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exclude certain vehicles 15 or more years old from the operation of the Act.

HB 205. By Representatives Jones of the 78th, Moore of the 152nd, Phillips of the 91st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to delete the requirement that the State Depart ment of Education shall provide for a state director of Cooperative Education Service Agency Programs.

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HB 265. By Representatives Dixon of the ISlstandCrosby of the 150th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the compensation of the judge and the solicitor of the court.

HB 269. By Representatives Walker of the 115th and Culpepper of the 98th: A bill to create and establish a Small Claims Court of Macon County.

HB 301. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers.

HB 302. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation of the commissioner.

HB 303. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to amend an Act incorporating the Town of Tunnel Hill, so as to change the provisions relating to the election and terms of office of the commissioners and chairman of the board of commissioners of said town.

HB 348. By Representative Sizemore of the 136th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census''.

HB 431. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to change the number of councilmen; to change the method of electing the mayor and councilmen.

HB 441. By Representative Castleberry of the lllth:
A bill to amend an Act establishing an annual salary for the sheriff of Stewart County, so as to change the compensation of the sheriff's deputy.

HB 449. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to provide for the election of the school superintendent of Coffee County; to provide for terms of office.

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557

HB 461. By Representative Irvin of the 10th:
A bill to amend an Act establishing the State Court of Stephens County, so as to change the quarterly terms of said Court.

HB 462. By Representative Irvin of the 10th:
A bill to amend an Act establishing the State Court of Stephens County, so as to change the compensation of the Judge and Solicitor of said Court.

HB 465. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to designate posts on the board; to provide qualifications for members of the board.

HB 466. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Floyd County and creating in lieu thereof the office of tax com missioner of Floyd County, so as to change the compensation of the tax commissioner.

HB 467. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, so as to change the salary of said clerk and pro bate judge.

HB 468. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act known as the "Floyd County Merit System Act", so as to provide an additional exemption from coverage under the Merit System; to abolish the present Floyd County Merit System Board and create a new Board composed of five members.

HB 472. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Montgomery Coun ty, Georgia, to be known as the Small Claims Court of Montgomery County.

HB 473. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Wheeler County, Georgia.

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HB 474. By Representative Phillips of the 120th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases and game and fish cases in the probate courts of the counties of this state hav ing a population of not less than 6,900 nor more than 6,950 according to the U.S. decennial census of 1980 or any future such census.

HB 479. By Representative Kilgore of the 65th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.

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

HB 293. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act establishing the State Court of Carroll County (formerly the City Court of Carrollton), so as to change provisions relating to the compensation and staff of the solicitor.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 293 by striking from line 19 of Page 1 the following: "$23,880.00",
and substituting in lieu thereof the following: "$30,000.00".
By striking from line 3 of Page 2 the following: "$23,880.00",
and substituting in lieu thereof the following: "$30,000.00".

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

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

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559

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 294. By Representatives Thomas and Johnson of the 66th: A bill to amend an Act creating the office of Commissioner of Carroll County, so as to change the compensation of the Commissioner of Carroll County.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 294 by striking the figure "27,500" from lines 16 and 20 of Page 1 and inserting in both places the figure ' '30,000.00".
On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 351. By Representative Jackson of the 77th: A bill to amend an Act relating to Columbia County, so as to change cer tain provisions relating to the jail and courthouse; to provide for the site of the construction of a new jail.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 385. By Representative Ralston of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to provide for the election and term of the school superintendent of Gordon County.

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

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

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

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

Allgood Ballard Barker Barnes Bell Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Hudgins Hudson Kennedy Lester Littlefield McGill McKenzie Reynolds

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

Those not answering were Senators:

Bond Bowen Broun of 46th Coverdell

Greene Holloway (excused) Horton

Howard Kidd Land

Senator Lester of the 23rd introduced the chaplain of the day, Reverend Bill Rice, pastor of Southgate Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:

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561

SR 90. By Senator Garner of the 30th:
A resolution congratulating W. Thomas and Elizabeth K. Jenkins on the birth of their son, Turner Daniel Jenkins.

Senator Evans of the 37th moved that the following bill of the Senate be withdrawn from the Committee on Governmental Operations and committed to the Committee on Human Resources:

SB 342. By Senators Evans of the 37th and Hudson of the 35th:
A bill to amend an Act providing that all government buildings, public buildings, and facilities newly constructed or substantially renovated shall be accessible to and usable by handicapped, elderly, and disabled persons, as amended, so as to change the definitions to reflect specific standards.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 342 was withdrawn from the Committee on Governmental Operations and committed to the Committee on Human Resources.

SENATE CALENDAR
Wednesday, February 18, 1981
NINETEENTH LEGISLATIVE DAY
HB 17. State Health Insurance Plan--blind, disabled vendors |Gov Op--44th) HB 72. Alcoholic Beverages--unlawful to possess in elementary, high, trade
school (C Aff--27th) HB 263. Agricultural Commodity Commissions--filling certain vacancies
(Ag-24th) HR 103. Financial Assistance for Relocation of Certain Utility Lines--urge
Congress (Ag--24th) HB 103. Division of Conservation--repeal provisions on suits against
(NREQ-20th) SB 141. Sheriff's Retirement--legal costs in civil suit (Ret-- llth) SB 148. Local Government Impact Fiscal Notes Act--provide (SUBSTITUTE)
(C&UA-G-5th) SB 149. Superior Court Clerks Training Council--establish (SUBSTITUTE) (Gov
Op-31st) SB 150. Superior Court Clerks--election qualifications, term of office
(SUBSTITUTE) (GovOp-31st) SB 162. Witnesses at Executions--prohibit certain individuals (Judy--30th)

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SB 189. License to Carry Pistol, Revolver--certain retired policemen free (Judy-13th)
SB 200. Federal Census--effective date for application of certain laws (Judy-33rd)
SB 217. Probate Court Judges--increase salaries (AMENDMENTS) (Gov Op-25th)
SB 289. City-County Joint Development Authority-creation (C&U A-G-6th)
HB 47. Superior Court Reporters--change expenses and allowances (Judy--49th)
HB 93. Public School Employees Retirement Board of Trustees--change title of member (Ret--38th)
HB 114. City, County Employee Compensation--deferral compensation (Judy-49th)
HR 62. Article V of the United States Constitution--need for clarification (Judy--42nd)
SB 74. Handicapped Parking--institutional permits (Gov Op--42nd)
SB 34. Criminal Cases--setting aside conviction (SUBSTITUTE) (Judy--25th)
SB 50. Prisoners--when Offender Rehabilitation Commissioner to be notified (SUBSTITUTE) (Off R-33rd)
SB 190. Inmate Serving Life--consideration for parole after 10 years (Off R-23rd)
SB 199. Justice Courts Training Council Act--define "justice of peace" (AMENDMENT) (Judy-43rd)
SB 252. Involuntary Admission of Mentally 111--notify sheriff of status (Pub Saf-llth)
SB 254. Involuntary Admission of Alcohol, Drug Abusers--notify sheriff of status (Pub Saf-llth)
SB 290. Housing in Interests of National Defense--housing authority initiate projects under Act (D&VA--6th)
SB 305. Superior and State Courts--Secretary of State furnish state flags free (AMENDMENT) (D&VA-36th)
SR 61. Joint Correctional Institution Study Committee--create (Off R--30th)
HB 280. Veterans Services--provisions on surviving spouse (D&VA-- 15th)
HB 281. Military Forces Reorganization Act--pensions to surviving spouse (D&VA-15th)

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

HB 17. By Representatives Lambert of the 112th and Argo of the 63rd: A bill to amend an Act providing for a health insurance plan for state

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employees, so as to authorize the State Personnel Board to contract with the Georgia Cooperative Services for the Blind, for the inclusion of licensed blind or severely disabled vendors within any health insurance plan.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Lester Littlefield McGill McKenzie

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

Those not voting were Senators:

Bond Bowen Coverdell

Fincher of 54th Holloway (excused) Hudson

Kidd Land

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

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

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

SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and others:
A bill to amend Code Title 93, relating to the Georgia Public Service

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Commission, so as to provide and revise certain provisions and pro cedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission.

Senator Allgood of the 22nd moved that the Senate disagree to the House substitute to SB 29.

Senator Sutton of the 9th moved that the House substitute to SB 29 be printed.

On the motion offered by Senator Sutton of the 9th, the yeas were 30, nays 3; the motion prevailed, and the House substitute to SB 29 was ordered printed, and the action on the motion offered by Senator Allgood of the 22nd was postponed sub ject to the printing.

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

HB 72. By Representatives Ham of the 80th, Bray of the 70th, Beck of the 148th and others:
A bill to amend Code Title 5A, known as the "Georgia Alcoholic Beverages Code", so as to make it unlawful to possess alcoholic beverages upon the grounds or within any structure of any elementary school, high school, or trade, vocational or industrial school.
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 Brannon Brantley Broun of 46th Brown of 47th
Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd
Foster Garner

Gillis Hill Horton Howard Hudgins Kennedy Lester Littlefield McGill
McKenzie Reynolds

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565

Robinson Scott Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Trulock

Those not voting were Senators:

Bond Bowen Fincher of 54th

Greene Holloway (excused) Hudson

Turner Tysinger Walker Wessels
Kidd Land

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

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

HB 263. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others:
A bill to amend the "Georgia Agricultural Commodities Promotion Act", so as to provide a method of filling certain vacancies on agricultural com modity commissions.
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 Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Lester Littlefield McGill McKenzie Reynolds

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

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Those not voting were Senators:

Bond Bowen Coverdell

Evans Fincher of 54th Holloway (excused)

Hudson Kidd Land

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

The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House disagreement to the Senate amendment thereto:

HB 195. By Representatives Rainey of the 135th, Argo of the 63rd, Irvin of the 10th and others:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase bonded license agents' fees; to increase cash license agents' fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the com bination license fee; to increase freshwater fishing license fees.

Senator Hudgins of the 15th moved that the Senate insist upon the Senate amendment to HB 195.

Senator Gillis of the 20th moved that the Senate recede from the Senate amend ment to HB 195.

The President ruled that the motion offered by Senator Hudgins of the 15th takes precedence.

On the motion offered by Senator Hudgins of the 15th, the yeas were 5, nays 34; the motion was lost, and the Senate did not insist upon the Senate amendment toHB195.

On the motion offered by Senator Gillis of the 20th, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Brantley

Broun of 46th Brown of 47th Bryant Cobb Coleman

Deal Dean Eldridge English Engram

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567

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Kennedy

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Brannon Howard

Hudgins

Those not voting were Senators:

Barnes Bond Bowen

Coverdell Holloway (excused) Hudson

Tate
Kidd Land

On the motion offered by Senator Gillis of the 20th, the yeas were 44, nays 4; the motion prevailed, and the Senate receded from the Senate amendment to HB 195.
Senator Starr of the 44th assumed the Chair at the direction of the President.
The following general resolution and bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:
HR 103. By Representatives Reaves of the 147th, Long of the 142nd, Branch of the 137th and others: A resolution urging Congress to provide financial assistance for the relocation of utility lines which prevent the use of pivot irrigation systems on large tracts of prime farm land. 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

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

Those not voting were Senators:

Bond Bowen Bryant

Coverdell Evans Holloway (excused)

Hudgins Land Starr (presiding)

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 103. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others: A bill to amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation, so as to repeal the provi sions relating to suits against the State Division of Conservation or any of the departments thereunder and the laws relating thereto. Senate Sponsors: Senators Gillis of the 20th and Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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569

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge Engram Evans

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

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

Those not voting were Senators:

Bond Bowen Bryant

Coverdell English Holloway (excused)

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

Hudgins Land Starr (presiding)

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

SB 141. By Senator Timmons of the llth:
A bill to amend an Act providing for a Sheriff's Retirement Fund of Georgia, as amended, so as to provide for the collection of additional legal costs in each civil suit, action, case, or proceeding; to provide that such costs shall be remitted to the board.

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 Horace E. Tate, Chairman

Senate Retirement Committee

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FROM:

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

DATE:

January 22, 1981

SUBJECT: Fiscal Note-Senate Bill 141 Sheriff's Retirement Fund

This Bill would require that, in addition to all other legal costs, a charge of $1.00 be collected for each proceeding of a civil nature filed in the superior courts. The clerks of the superior courts would be required to collect such fees and remit them to the Board of Commissioners of the Sheriffs' Retirement Fund.

Based on the amount collected by the Superior Court Clerk's Retire ment Fund which also collects $1.00 for each civil proceeding filed in a superior court, it is estimated that this Bill would result in the Sheriffs' Retirement Fund receiving approximately $122,000 in the first year. In fiscal year 1979 the Sheriffs' Fund collected $652,783 from fines and forfeitures and $47,100 from members' dues.

Is/ William M. Nixon State Auditor

I si 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.
On the 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 Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

WEDNESDAY, FEBRUARY 18, 1981

571

Those not voting were Senators:

Bond Brown of 47th

Holloway (excused) Land

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

Tysinger

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 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others:
A bill to provide a new Code Title 34C, "Electric Membership Corpora tions."
HB 545. By Representatives Harris of the 8th, Snow of the 1st, Walker of the 115th and others:
A bill to create downtown development authorities in and for each municipal corporation of the State.

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

Senator Starr of the 44th resumed the Chair at the direction of the President.
SB 148. By Senator Bell of the 5th:
A bill to provide for fiscal notes on bills, joint resolutions, and ad ministrative actions having a fiscal impact on local political subdivisions; to provide a short title; to provide for definitions; to provide for other matters relative to the foregoing; to amend an Act known as the "Georgia fiscal Note Act," as amended.
The Senate Committee on County and Urban Affairs offered the following substitute to SB 148:

A BILL
To be entitled an Act to provide for fiscal notes on bills, joint resolu tions, and administrative actions having a fiscal impact on local political

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subdivisions; to provide a short title; to provide for definitions; to pro vide exceptions; to provide for other matters relative to the foregoing; to amend an Act known as the "Georgia Fiscal Note Act," approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended, particularly by an Act ap proved March 14, 1978 (Ga. Laws 1978, p. 907), so as to delete therefrom the provision relating to general bills having a significant impact on the anticipated revenue or expenditure levels of counties and municipalities; to provide for severability; to repeal conflicting laws; and for other pur poses.
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 Impact Fiscal Notes Act."
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the follow ing meanings:
(1) "Fiscal note" means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, regulation, rule, order, or administrative law upon local political sub divisions to which the proposed law, regulation, rule, order, or ad ministrative law applies.
(2) "Local political subdivision" means a county, municipality, county school district, or independent school district.
Section 3. Fiscal note required on legislation. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution requiring an expen diture of at least $100,000.00 of public funds by local political subdivi sions, or at least $25,000.00 if less than five subdivisions are affected, a fiscal note shall be filed with the chairman of the committee and the Clerk of the House or the Secretary of the Senate. Any representative of any local political subdivision requesting a copy of the fiscal note shall be furnished with a copy immediately upon request. The sponsor of the bill or joint resolution shall be responsible for causing copies of the fiscal note to be furnished as required by this Act. The provisions of this sec tion shall not apply to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statutes.
Section 4. Fiscal note required on administration actions. Except as hereinafter provided, no regulation, rule, order, or administrative law which would have a fiscal impact of at least $ 100,000.00 on local political subdivisions in this state, or $25,000.00 if less than five subdivisions are affected, shall be valid unless 30 days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of this state, except the General Assembly, the courts, and the Governor, such board, commission, agency, department, officer, or other authority shall file a fiscal note with the state auditor. Any local political subdivisions that will be affected by the proposed regulation, rule, policy, order, or administrative law, upon request, shall immediate-

WEDNESDAY, FEBRUARY 18, 1981

573

ly be furnished with a copy of the fiscal note by the board, commission, agency, department, officer, or other authority. The provisions of this section shall not apply to an emergency regulation, rule, order, or ad ministrative law as described by subsection |b) of Section 4 of the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, to any rule or regulation adopted or order issued pursuant to legislation exempted from the provisions of Sec tion 3 above, or to any other order issued to abate or prevent violations of specific statutory provisions enacted by the General Assembly.
Section 5. Contents of fiscal note. A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in in which it would become effective if enacted and for the next four suc ceeding fiscal years. If the fiscal impact of the bill, joint resolution, or ad ministrative action is not expected to be totally evident within the ap plicable period, the estimate shall be projected beyond that period to in clude an estimate for the first fiscal year in which it is expected to be ful ly effective.
Section 6. Preparation of note or waiver. The state auditor shall have the fiscal note prepared by his office for a bill or joint resolution, and the other departments or agencies of the state government shall assist the state auditor in the preparation of such fiscal note. Where appropriate, he shall seek the advice and assistance of local government officials or their representatives. A waiver of the fiscal note shall be prepared by the state auditor for any bill or joint resolution that does not have an effect upon the revenues or expenditures of local political subdivisions. The department or agency of state government assisting in the preparation of the fiscal note shall be clearly indicated on the fiscal note along with the signature of the state auditor or his authorized representative indicating that the state auditor agrees with the fiscal impact estimated thereon.
Section 7. Revision of note. A fiscal note that is attached to a bill or joint resolution shall be revised by the state auditor at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this require ment is waived by the chairman of the committee to which the bill was referred, the President of the Senate, or the Speaker of the House, pro vided that the waiver shall apply only to amendments which change the fiscal effect of the bill as introduced by 10 percent or less. A revised fiscal note shall not be required for any amendment which either increases local revenues or decreases mandated expenditures. The revised fiscal note shall be processed by the state auditor and returned as quickly as possible to the committee or the Clerk of the House or Secretary of the Senate if one of the latter has the custody of the bill or joint resolution at that time.
Section 8. Replacement of waiver with note. Except as otherwise provided by Section 7, a waiver of a fiscal note shall be replaced at any time with a fiscal note if an amendment to a bill or joint resolution causes the bill or joint resolution to have an effect upon the revenues or expen ditures of local political subdivisions.

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Section 9. Retention of copy of fiscal note or waiver; inspection; publication of note or waiver, (a) A copy of each fiscal note or waiver of a fiscal note shall be retained by the state auditor, and shall be reasonably available for public inspection for at least three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal of each house of the General Assembly.
(b) A fiscal note, upon being filed as herein provided, shall be open to inspection by the general public as provided by an Act providing for the inspection of public records, approved February 27, 1959 (Ga. Laws 1959, p. 88), as amended.
Section 10. Exemption. Any bill proposing an amendment to the "Employment Security Law" (formerly the "Unemployment Compensa tion Law"), approved March 29, 1937 (Ga. Laws 1937, p. 806), as now or hereafter amended, and all phases of the administration of said "Employ ment Security Law" are exempt from all provisions of this Act.
Section 11. An Act known as the "Georgia Fiscal Note Act,'' approv ed April 25, 1975 (Ga. Laws 1975, p. 1568), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 907), is hereby amended by striking from subsection (a) of Section 3 the following sentence:
"Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must also be introduced no later than the 20th day of any session, and any such bill shall also be subject to the requirements of subsection (b) of this Section.",
so that when so amended said subsection (a) shall read as follows:
"(a) Any retirement bill must be introduced no later than the 10th day of any session. Any bill having a significant impact on the an ticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session. Except for retirement bills, this Act shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Article HI, Section VII, Paragraph IX of the Con stitution. In the event any bill as provided hereinbefore is introduced after the prescribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is in troduced in the Senate falls within this category, and the Speaker of the House of Representatives shall decide whether a bill which is in troduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate, and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives."
Section 12. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged in-

WEDNESDAY, FEBRUARY 18, 1981

575

valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged in valid or unconstitutional.
Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Dean of the 31st, Reynolds of the 48th and Bell of the 5th offered the following amendment:

Amend the substitute to SB 148 offered by the Senate Committee on County and Urban Affairs as follows:

(1) By inserting between lines 19 and 20 on Page 5 a new paragraph to read as follows:

"Any bill proposing an amendment to the "Code of Public Transportation, Title 95A", approved April 18, 1973 (Ga. Laws 1973 pp 947-1191), as now or hereafter amended, and all phases of the ad ministration of said "Code of Public Transportation, Title 95A" are exempt from all provisions of this Act.''

On the adoption of the amendment, the yeas were 31, nays 3, and the amend ment 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 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 Bell Bowen

Brantley Broun of 46th Brown of 47th Cobb Coleman

Coverdell Deal Dean Eldridge English

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Engram Evans Fincherof 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins

Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens

Voting in the negative was Senator Brannon.

Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bond Bryant

Fincher of 52nd Holloway (excused) Land

On the passage of the bill, the yeas were 47, nays 1.

Starr (presiding! Summers

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

The President resumed the Chair.

SB 149. By Senators Dean of the 31st and Garner of the 30th:
A bill to establish the Superior Court Clerks Training Council; to provide for voting and advisory members; to provide the procedure for con ducting business; to provide for the payment of expenses of the members of the council; to provide for the functions and authority of the council.

The Senate Committee on Governmental Operations offered the following substitute to SB 149:

A BILL
To be entitled an Act to establish the Superior Court Clerks Training Council; to provide for voting and advisory members; to provide the pro cedure for conducting business; to provide for the payment of expenses of the members of the council; to provide for the functions and authority of the council; to provide for staff, clerical and technical assistants, and other personnel; to provide for office expenses and the payment thereof; to provide for separate money accounts; to provide for collecting and remitting certain additional costs to the Superior Court Clerks Training

WEDNESDAY, FEBRUARY 18, 1981

577

Council; 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. The Superior Court Clerks Training Council is hereby established. The council shall consist of ten voting members and five ad visory members and shall be composed as follows:
(1) Seven members shall be elected to a term of four years by the members of the Superior Court Clerks Association of Georgia; provid ed, however, that, with respect to the initial election, one shall be elected for a one-year term, two for a two-year term, two for a threeyear term, and two for a four-year term.
(2) Three members shall be judges of the superior courts ap pointed to a term of four years by the seven members elected by the Superior Court Clerks Association of Georgia.
(3) Five advisory members appointed by the council shall serve on the council in an advisory capacity only without voting privileges.
(4) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership.
Section 2. The business of the council shall be conducted in the following manner:
(1) The council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect a chairman, a vicechairman, and a secretary-treasurer from among its members who shall serve until the first meeting in the succeeding year. Thereafter, the chairman, vice-chairman, and secretary-treasurer shall be elected at the first meeting of each calendar year.
(2) Six members of the council shall constitute a quorum for the transaction of business.
(3) The council shall maintain minutes of its meetings and such other records as it deems necessary.
(4) The council shall report at least annually to the Governor and to the General Assembly as to its activities.
Section 3. The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions.
Section 4. The council is vested with the following functions and authority:
(1) To meet at such times and places as it may deem necessary.

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(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities.
(3) To cooperate with and secure cooperation of every depart ment, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of the coun cil.
(4) To establish criteria to be used in certifying schools authorized to conduct training required by Code Section 24-2701, as amended; to certify schools as authorized to conduct training required by Code Section 24-2701, as amended; to prescribe minimum qualifications for directors of schools certified to conduct training required by Code Section 24-2701, as amended; to certify such school directors; to establish minimum qualifications for instructors at schools certified to conduct training required by Code Section 24-2701, as amended; to train instructors; to certify instructors authorized to conduct training required by Code Section 24-2701, as amended; to reevaluate annual ly certified schools to determine if such schools shall continue to be certified and to withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification.
(5) To determine whether a candidate has met the requirements of Code Section 24-2701, as amended, and is qualified to hold the office of clerk of superior court and to issue a certificate to those so qualified.
(6) To certify to designated courts a candidate's successful com pletion of the course.
(7) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
(8) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor.
(9) To establish and recommend curricula for such advanced, inservice, and specialized training courses as the council shall deem ad visable and to recognize the completion of such courses by the is suance of certificates.
(10) To adopt in accordance with the "Georgia Administrative Procedure Act" such rules and regulations as are necessary to carry out the purposes of Code Section 24-2701, as amended.
(11) To provide technical assistance as requested by any judicial agency of this state.

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579

(12) To research, plan, and establish policy relative to training superior court clerks; to develop and coordinate the delivery of clerks training programs through such agencies and institutions as the coun cil may deem appropriate.
Section 5. The council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purposes of this Act, shall be provided by funds ap propriated to and available to the council by civil fees and from any other available funds. The council is hereby authorized to accept and use gifts, grants, and donations for the purpose of carrying out the provisions of this Act. The council is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out the provi sions of this Act. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the council as a result of civil fees. Such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and as such shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out the provisions of this Act.
Section 6. The clerks of the superior court shall remit quarterly the sum of $1.00 to the Superior Court Clerks Training Council from the cost collected in each civil suit, action, case, or proceeding of a civil nature, except charters, trade names, and registrations.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Deal of the 49th offered the following amendment:
Amend the substitute to SB 149 offered by the Senate Committee on Governmental Operations by striking the figure of "$1.00" on Page 5, line 20 and substituting in lieu thereof the figure '' $0.35''.

On the adoption of the amendment, the yeas were 33, nays 2, and the amend ment 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:

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Those voting in the affirmative were Senators:

Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Littlefield McGill McKenzie

Those voting in the negative were Senators:

Allgood

Hill

Those not voting were Senators:

Ballard Barker Bond

Holloway (excused) Hudgins

On the passage of the bill, the yeas were 46, nays 3.

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Lester
Land Robinson

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

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

SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 26-22, relating to treason and related offenses, as amended, so as to change the definition of the offenses of in surrection and inciting to insurrection.

The House amendment was as follows:

Amend SB 40 by adding after the word "overthrow" on line 16, Page 1, the words "or attempt to overthrow", and also on Page 2, line 6.

WEDNESDAY, FEBRUARY 18, 1981

581

Senator Barnes of the 33rd moved that the Senate agree to the House amend ment to SB 40.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Evans Fincher of 54th

Garner Holloway (excused) Hudgins

Land Robinson Stumbaugh

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 40.

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

SB 150. By Senators Dean of the 31st and Garner of the 30th:
A bill to amend Code Section 24-2701, relating to clerks of the superior courts, as amended, so as to provide for the election, qualifications, and term of office; to provide an effective date.

The Senate Committee on Governmental Operations offered the following substitute to SB 150:

A BILL To be entitled an Act to amend Code Section 24-2701, relating to

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clerks of the superior courts, as amended, so as to provide for the elec tion, qualifications, and terms of office of clerks of the superior courts; to provide for certain requirements for newly elected clerks of the superior courts; to provide for an exception; to provide for removal from office; 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 24-2701, relating to clerks of the superior courts, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 24-2701 to read as follows:
"24-2701. (a) The General Assembly declares it to be in the best interest of the citizens of the State of Georgia that qualifications and standards of the office of clerk of superior court, as administrative ex ecutive of the superior court, be determined and set so as to improve both the capabilities and training of those persons who hold the office of clerk. With the increase in court litigation and property recordings in the State of Georgia and with the understanding that the clerk of superior court is the administrative executive of the several superior courts of this state, it is hereby declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of clerk of superior court so as to increase the effectiveness and capabilities of the several clerks of superior court of this state as an administrative executive to manage the ad ministrative procedures and public recordings of said office.
(b) The clerks of the superior courts shall be elected for the term of four years.
(c) (1) No person shall be eligible to hold the office of clerk of the superior court who does not have all of the following qualifications:
(A) Be a citizen of the United States.
(B) Be a resident of the county in which he seeks the office of clerk of superior court for at least two years prior to his qualifying for the election to the office.
(C) Be a registered voter.
(D) Have attained the age of at least 25 years prior to the date of qualifying for election to the office. This subparagraph shall not apply to any person currently serving as a clerk of the superior court.
(E) Have obtained a high school diploma or its recognized equivalent.
(F) Have not been convicted of a felony offense or any offense in volving moral turpitude contrary to the laws of this state, or any other state, or the United States.

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583

(2) Each person offering his candidacy for the office of clerk of superior court shall file an affidavit with the judge of the probate court or county board of elections prior to or at the time for qualifying affirming that he has, or meets, all of the qualifications required pur suant to the provisions of this subsection.
(d) From and after January 1, 1982, every newly elected clerk of superior court in his first term shall be required to complete a training session of not less than 40 hours to be conducted by any institute cer tified by the Georgia Superior Court Clerks Training Council. This training shall be completed during the first calendar year of the first term of the newly elected clerk's term of office. Any newly elected clerk who is unable to attend this training course when offered because of medical disability or providential cause, shall within one year from the date such disability or cause terminates, complete the Standard Basic Course of Instruction required of clerks by the Superior Court Clerks Training Council. Any newly elected clerk who does not fulfill the obligations of this Code section shall not be eligible for the Superior Court Clerks' Retirement benefits.
(e) From and after January 1, 1982, no person shall be eligible to hold the office of clerk of the superior court unless he attends a minimum of 20 hours' training annually as may be selected by the Superior Court Clerks Training Council.
(f) The requirements of subparagraph (c)(l)(E) and the re quirements of subsection (d) shall be deemed to have been met by any person who shall have served as a duly qualified and elected clerk of one of the several superior courts of this state for a period of two years.
(g) A clerk that is unable to attend the training required by this Code section because of a lack of personnel in his office may appoint a clerk or deputy clerk of another superior court of this state as a clerk pro tempore for a period not to exceed five days. If for any reason the clerk pro tempore is not compensated by his county during the time he is providing services in the adjoining county, the Superior Court Clerks Training Council shall provide equivalent compensation to such clerk pro tempore for such period. The clerk pro tempore is authorized to perform all the duties of the elected clerk. The appoint ment of clerk pro tempore shall be approved by the judge of the superior court and recorded in the minutes of the court.
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.

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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 Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

Those not voting were Senators:

Bond

Holloway (excused)

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and others: A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provisions and pro cedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for an executive director and a public information officer for the Commission.

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585

The House substitute to SB 29 was as follows:
A BILL
To be entitled an Act to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provi sions and procedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to provide for a director of utilities and a public information officer for the Commission; to provide for duties and responsibilities; to provide for a utility finance section as a part of the Commission; to provide for person nel; to specify duties, limitations, and relationships; to specify pro cedures for accounting for electric utilities under certain circumstances; to provide for tax accounting as a part of utility rate making; to provide procedures for certain utility proceedings; to provide for hearing officers; to provide duties and powers; to provide for intervention; to provide for internal examination and management audits of electric utilities; to pro vide for other matters relative to the foregoing; to provide for assistance for low or fixed income gas and electric utility consumers; to specify duties of the Department of Human Resources; to provide for severability; to provide an effective date; to provide certain restrictions on the ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of public policy. The General Assembly finds and declares as follows:
(1) The proper regulation of utilities is critical to the public interest and such regulation must be accomplished by a system of regulation which encourages public confidence in the regulatory process.
(2) Consumers of utility service in this state deserve adequate representation in proceedings affecting utility rates and service.
(3) The public interest requires that electric utilities be examined by their directors and by independent auditors in order to insure that such utilities are being managed in an efficient and effective manner.
(4) The public interest requires that an adequate and reliable supply of electricity be available at reasonable rates both in the present and in the future.
(5) If present and future electricity needs are to be met, it is im perative that necessary productive capacity can be financed by electric utilities on terms which are reasonable and fair to both the customers and investors of such electric utilities and that the regulation of such utilities must be rational and orderly.
Section 2. Code Title 93, relating to the Public Service Commission, is hereby amended by adding a new section after Code Section 93-101, to be designated Code Section 93-102, to read as follows:

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"93-102. Additional terms defined. As used in this Code title:
(1) 'Commission' means the Georgia Public Service Commission.
(2) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the Commission.
(3) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.
(4) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto.
(5) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the Commission."
Section 3. Said Code title is further amended by adding two new sec tions after Code Section 93-207, to be designated Code Sections 93-207.1 and 93-207.2, respectively, to read as follows:
"93-207.1. Director of utilities, (a) On or before July 1, 1981, the Commission shall employ a director of utilities, who shall serve at the pleasure of the Commission, and whose salary shall be set by the Commission.
(b) The director of utilities shall:
(1) Direct the activities of the utility divisions and sections.
(2) Manage and coordinate the commission's preparation of rate cases.
(3) Schedule and coordinate all in-house, reactive, regular, and engineering audits.
(4) Direct all utility personnel and preparation of that section of the Commission's budget.
(5) Perform such other duties as the Commission, by order, may establish.
93-207.2. Public information officer, (a) On or before September 1, 1981, the Commission shall employ a public information officer, who shall serve at the pleasure of the Commission.
(b) The public information officer shall:
(1) Report directly to the executive secretary.
(2) Maintain the Commission's public information files.

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587

(3) Coordinate official Commission press releases and media rela tions.
(4) Perform such other duties as the executive secretary may establish."
Section 4. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-2, to be designated Code Chapter 93-2A, to read as follows:
"CHAPTER 93-2A Utility Finance Section
93-201a. Utility Finance Section; creation. There is hereby established a Utility Finance Section of the Commission staff with the powers and duties specified in this chapter. The section shall consist of a director, an assistant director, and such accountants, statisticians, experts, and clerical personnel as the commission may employ as authorized by the General Assembly.
93-202a. Director of section; qualifications; duties, etc. (a) On or before December 31, 1981, the Commission by order shall employ an individual qualified by knowledge and experience to serve as director of the Utility Finance Section. The director shall be compensated in an amount determined by the Commission. He shall serve at the pleasure of the Commission and shall report to the director of utilities of the Commission.
(b) The director of the section must possess at least five years' ex perience in the field of public regulation of business, whether through employment with a state or federal agency, in industry, in education' or through the practice of law. This individual must have graduated from a four-year college with a major in either accounting, finance, business, or management.
(c) The director shall be responsible for the:
(1) Preparation of the budget of the section for submittal to the director of utilities.
(2) Administration of the section.
(3) Supervision of the work of the section.
(4) Presentation of the Commission staff's position during electric utility rate proceedings.
93-203a. Additional employees of section; assistant director, (a) The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the Commission and as provided by law.
(b) The director shall employ such accountants, statisticians, ex perts, and clerical personnel as are necessary for the effective per formance of the duties of the section.

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(c) With the concurrence of the state merit system compensation board, certain employees of the section may be included in 'unclassified service' in addition to those currently provided by paragraph (2) of subsection (a) of Section 2 of an Act revising the laws relating to the state personnel board and merit system, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended. The state merit system regulations and restrictions concerning compensation and pro motion shall not apply to such employees.
93-204a. Limitations on employment by employees and former employees of section. During the period of his employment and for one year following the termination of his employment, neither the director, the assistant director, nor any other employee of the Utility Finance Section shall own any interest of any kind in or be retained or employed by any electric utility or own any controlling interest in or be retained or employed by any person who has a vested interest in the outcome of any proceeding in which the section participates.
93-205a. Duties of Utility Finance Section. The duties of the Utili ty Finance Section shall include the following:
(a) Preparing a budget for the section for submission by the direc tor to the director of utilities to secure the necessary appropriations to finance the activities of the section.
(b) Investigating the rates and auditing the books and records of any electric utility other than transportation utilities, municipal elec tric systems, and electric membership corporations, when so directed by the director of utilities.
(c) Appearing in any proceeding to determine rates of an electric utility. In such capacity, the section shall:
(1) Form an independent evaluation concerning whether the elec tric utility rates in question are just and reasonable.
(2) Present testimony by its employees or specially retained ex perts concerning the electric utility rates in question.
(3) Provide to the Commission all technical assistance, data, and calculations concerning the electric utility rates in question as the Commission may require.
(4) Assist the Commission in any judicial review of a Commission determination of the rates of an electric utility.
(5) When it will not interfere with the section's participation in utility rate proceedings, perform such other duties regarding any utili ty matter which the director of utilities may establish.
93-206a. Relationship of Utility Finance Section to Commission. The Utility Finance Section shall have the following authority and relationship to the Commission:

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589

(1) The section shall be part of the Commission staff.
(2) The section shall be deemed a party to any proceeding to con sider rates in which it participates, except that it lacks standing to ap peal or contest the final order entered by the Commission in such a proceeding."
Section 5. Said Code title is further amended by adding two new sec tions after Code Section 93-307.2, to be designated as Code Sections 93-307.3 and 93-307.4, respectively, to read as follows:
"93-307.3. Accounting for electric utilities, (a) The accounting treatments specified in this section shall apply in any proceeding before the Commission to determine the rates to be charged by an electric utility.
(b) In any proceeding to determine the rates to be charged by an electric utility, the electric utility shall file jurisdictionally allocated cost of service data on the basis of a test period and the Commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separate ly to reflect estimated operations during the 12 months following the utility's proposed effective date of the rates. After the initial filing and until new rates go into effect, the utility shall file actual cost of service data as it becomes available for each month following the actual data which was filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments con tained in its cost of service data.
(c) In any case after the effective date of this Act where an electric utility transfer partial or total ownership of any electric plant, the electric utility shall return to its rate payers, in such manner as the Commission may prescribe, the rate payers' cash contribution to the cost of construction, plus the income taxes paid, accrued, and col lected by the electric utility in respect thereof, and a portion of the profit, if any, on such transfer.
(1) The rate payers' contribution to the cost of construction shall be determined by first multiplying the amount of construction and preconstruction expenditures included in the rate base by the authorized return allowed by the Commission for the electric utility on the jurisdictional rate base during the period or periods such ex penditures were included in the rate base, and then subtracting therefrom any carrying costs capitalized in respect of such construc tion and preconstruction expenditures included in the rate base. In the event an electric utility transfer partial or total ownership of any electric plant after the same has commenced commercial operation, the rate payers' contribution to the cost of construction shall be reduc ed in proportion to the remaining life of the electric plant.
(2) The profit, if any, on such transfer shall be allocated between the electric utility and its rate payers in proportion to their respective contributions to the cost of construction. For the purposes of this calculation, the rate payers' contribution shall be determined as pro-

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vided by paragraph (1) of this subsection. The electric utility's con tribution shall be the cost, including carrying costs, of the transferred electric plant as recorded on the books and records of the electric utili ty. The amount of profit, if any, shall be determined by deducting the sum of the rate payers' and the electric utility's contributions to the cost of construction from the gross proceeds of the transfer.
|d) In any proceeding to determine rates to be charged by an elec tric utility, the valuation of the rate base for electric plant shall not ex ceed that fair market valuation returned by the electric utility for ad valorem tax purposes.
93-307.4. Utility rate making; tax accounting. For purposes of determining a utility's cost of service in rate-making proceedings, the income tax expense portion shall be calculated on the basis of net in come before income taxes. Any difference between income based on the utility's accounting records and income determined in accordance with United States Internal Revenue Service laws and regulations will be accounted for as required by generally accepted accounting prin ciples governing all businesses."
Section 6. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-5, to be designated Code Chapter 93-5A, to read as follows:
"CHAPTER 93-5A Utility Proceedings
93-501a. Hearing officers, (a) The Commission shall employ one or more hearing officers to perform the duties set forth in this section. Hearing officers shall be persons qualified by knowledge and ex perience to conduct hearings on utility and transportation matters; ad ditionally, the Commission may employ part-time hearing officers, if necessary, to handle the caseload.
(b) In all utility proceedings commenced after July 1, 1981, any hearing may be conducted by a hearing officer who shall have authority to:
(1) Administer oaths and affirmations.
(2) Sign and issue subpoenas for discovery or trial.
(3) Rule upon offers of proof.
(4) Regulate the course of the hearing, setting the time and place for continued hearings.
(5) Permit persons to make limited appearances as provided in Code Section 93-502a.
(6) Take official notice of judicially recognizable facts.
(7) Reprimand or exclude from the hearing any person for any in decorous or improper conduct committed at or during a hearing.

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591

(8) Exercise such other powers necessary to the efficient and ex peditious conduct of the hearing, to the end that a complete and order ly record may be developed.
(9) Make written findings of fact based upon evidence in the record.
(c) The hearing officer or Commission shall permit only the Com missioners, the hearing officer, or the party's attorneys of record to examine or cross-examine witnesses, except with the consent of the witness.
|d) Within 30 days after the conclusion of hearings, the hearing of ficer shall prepare and certify a record of the evidence to the Commis sion. The hearing officer shall also transmit to the Commission pro posed written findings of fact based upon evidence in the record. A copy of the record and findings of fact shall be provided all parties of record by the hearing officer. The hearing officer may render an ini tial or recommended decision in uncontested cases, if directed to do so by the Commission. Any such recommended decision shall also be served upon the parties of record who shall be provided an opportuni ty to file with the Commission its objections or comments.
93-502a. Parties; intervention, (a) In all proceedings before the Commission, the parties to such proceeding shall consist of the af fected applicant, any person who is permitted to intervene as provid ed hereinafter and the Utility Finance Section established pursuant to Code Chapter 93-2A.
(b) Any person on whom a statute confers an unconditional right to intervene may intervene by filing a notice of intervention with the Commission or hearing officer, as appropriate.
(c) Any other person desiring to intervene must file an application for leave to intervene within 30 days following the first published notice of the proceeding. Any such application shall be in writing, shall be verified either by the party intervening or by his attorney on information and belief, shall identify the party requesting the in tervention, and shall set forth with particularity the facts pertaining to his interest and the grounds upon which his application for interven tion are based. Such application shall be served on all other parties in the proceeding, including those who have previously applied for leave to intervene. No untimely application for leave to intervene shall be granted by the presiding authority except for good cause shown.
(d) Any party or person who has previously applied for leave to in tervene in a proceeding in which leave to intervene is sought by another person may file a response to the application for leave to in tervene within 15 days after the application is served.
(e) The Commission or hearing officer shall permit only the following persons to intervene:
(1) A person upon whom a statute confers an unconditional right to intervene.

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(2) A person who demonstrates a legal, property, or other interest in the proceeding. In determining whether to permit intervention, the hearing officer may consider whether the person's interest is ade quately represented by other parties and whether the intervention will unduly delay the proceedings or prejudice the rights of other par ties.
(3) Any member of the General Assembly of the State of Georgia may without fee intervene on behalf of his constituents with the full rights and privileges of a designated party.
(f) The Commission or hearing officer may condition any order permitting intervention so as to assure the orderly conduct of the pro ceeding.
(g) A person who is not a party may make a limited appearance by making an oral or written statement of his position on the issues within such limits and on such conditions as may be fixed by the hear ing officer but he may not otherwise participate in the proceeding.
(h) A party granted leave to intervene shall be present, absent good cause shown, during that portion of the proceedings for which that party has indicated a desire to be heard.
(i) Hearing officer orders denying or conditioning applications for leave to intervene shall be immediately reviewable by the Commis sion. Commission orders denying or conditioning applications for leave to intervene shall be immediately reviewable as provided by law for the judicial review of final Commission orders.
(j) Nothing contained in this section shall be construed to prohibit the Commission from taking any action prior to the expiration of the 30 day period during which persons are permitted to file applications for leave to intervene."
Section 7. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-9, to be designated Code Chapter 93-10, to read as follows:
"CHAPTER 93-10 Examination of Electric Utilities
93-1001. Internal examination, (a) Each electric utility shall pro vide for the appointment by its board of directors of an audit commit tee consisting solely of directors who are not officers or employees of the electric utility. Such audit committee shall make an annual ex amination into the affairs of the electric utility and report the result of such audit in writing to the board of directors at its next regular meeting.
(b) Such report shall state whether the electric utility is in a sound condition and whether adequate internal audit controls and pro cedures are being maintained and shall recommend to the board such changes in the manner of conducting the affairs of the electric utility

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593

as shall be deemed advisable. The board of directors shall report in writing to the Commission that such audit has been made and review ed by the board.
93-1002. Management audit, (a) Not more frequently than every five years, the Commission shall cause to be performed a manage ment audit of each electric utility to determine whether it is being managed in an efficient and effective manner.
(b) The management audit provided for in this section shall be performed by a qualified and reputable management auditor of na tional reputation, to be selected by the Commission from a list of not less than three such auditors, which list shall be made up by mutual agreement by the Commission and the electric utility, who shall report the results of such audit to the Commission.
(c) In the event that the Commission and the electric utility are unable to agree on a management auditor's list, either party may peti tion the Superior Court of Fulton County to select within 30 days of filing such an auditor's list after a hearing on the petition.
(d) The audited electric utility shall pay for such management audit. The cost of such management audit shall be recognized by the Commission as an operating expense of such utility, and such utility's rates shall be fixed by the Commission to recover this retail expense amortized over such period as the Commission may direct."
Section 8. Assistance to low or fixed income consumers. Within one year of the effective date of this Act, the Department of Human Resources shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department will also establish an efficient and economical manner to distribute to such consumers all public assistance funds which will be made available whether by appropriations of state or federal funds, grants or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this section shall limit the Commission's authority to order regulatory alternatives which assist low or fixed income ratepayers.
Section 9. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged in valid or unconstitutional.
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and upon

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authorization of personnel and appropriation of sufficient funds to carry out the provisions.
Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Sutton of the 9th moved that the Senate agree to the House substitute to SB 29.

Senators Evans of the 37th, Barnes of the 33rd and Coverdell of the 40th moved that the Senate agree to the House substitute to SB 29 as amended by the following amendment:

Amend the House substitute to SB 29 by deleting in their entirety lines 27 through 31 on Page 9;

and by changing on line 6, Page 16, "," to "." and by striking the balance of line 6, and entirely striking lines 7 and 8;

and strike on lines 21 and 22 on Page 1, the following:

"to provide certain restrictions on the effective date;'

The President ruled that the motion offered by Senators Evans of the 37th, Barnes of the 33rd and Coverdell of the 40th to agree to the House substitute as amended by the Senate takes precedence over both the motion offered by Senator Sutton of the 9th to agree to the House substitute and the motion offered by Senator Allgood of the 22nd previously today to disagree to the House substitute to SB 29.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brannon Brantley Broun of 46th
Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean English Engram Evans Fincher of 52nd Fincher of 54th
Foster Garner Greene

Hill Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill
McKenzie Reynolds Robinson

WEDNESDAY, FEBRUARY 18, 1981

595

Scott Stephens Stumbaugh Summers

Tate Thompson Timmons Trulock

Those voting in the negative were Senators:

Barker Eldridge Gillis

Horton Starr

Turner Tysinger Wessels
Sutton Walker

Not voting were Senators Holloway (excused) and Land.

On the motion, the yeas were 47, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 29 as amended by the Senate.

The President announced that the Senate would stand in recess from 12:35 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 and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 162. By Senators Garner of the 30th, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 27-2515, relating to witnesses at execu tions, as amended, so as to prohibit certain individuals from witnessing executions.

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

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 Bowen Brannon Brown of 47th

Coleman Deal Eldridge English Engram Fincher of 52nd Foster

Garner Gillis Horton Howard Kennedy Lester McGill

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McKenzie Reynolds Robinson Starr

Stumbaugh Sutton Thompson Timmons

Trulock Turner Walker

Voting in the negative were Senators Hudgins and Stephens.

Those not voting were Senators:

Allgood Ballard Brantley Broun of 46th Bryant Cobb Coverdell
Dean

Evans Fincher of 54th Greene Hill Holloway (excused] Hudson Kidd

Land Littlefield Scott Summers Tate Tysinger Wessels

On the passage of the bill, the yeas were 32, nays 2.

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

SB 200. By Senator Barnes of the 33rd:
A bill to amend an Act establishing an effective date for the federal cen sus as used in the statutory law of Georgia so as to change the effective date for purposes of application of certain laws; to provide for all related matters; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Brannon Brown of 47th Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson

Kennedy Kidd Lester McGill McKenzie Reynolds Starr Stephens Summers Sutton Thompson

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597

Trulock

Turner

Those not voting were Senators:

Allgood Ballard Bowen Brantley Broun of 46th Bryant Cobb

Coverdell Evans Hill Holloway (excused) Land Littlefield Robinson

On the passage of the bill, the yeas were 36, nays 0.

Walker
Scott Stumbaugh Tate Timmons Tysinger Wessels

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

SB 217. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum salaries for judges of the pro bate courts of the various counties of Georgia, as amended, so as to in crease the minimum salaries of said probate judges; to change the provi sions relating to additional compensation.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 217 by striking from Section 2 on Page 3, line 3, the figure "$50.00", and inserting in lieu thereof the following:
"$100.00",
and
By striking from Section 2 on Page 3, line 8, the figure "$100.00", and inserting in lieu thereof the following:
"$150.00".

On the adoption of the amendment, the yeas were 4, nays 28, and the amend ment was lost.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 217 by adding in Section 1 on Page 2, line 26, immediately following the amount "$100.00", the following:
"per month".

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On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

Senator Kidd of the 25th offered the following amendment:

Amend SB 217 by striking on Page 2, line 21 of Section 1, the follow ing:
"$50.00", and inserting in lieu thereof the following:
"$100.00"; and by striking on Page 2, line 26 of Section 1, the following:
"$100.00", and inserting in lieu thereof the following:
"$150.00".

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Barker Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Coleman Coverdell Dean Eldridge English Engram Evans Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

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

WEDNESDAY, FEBRUARY 18, 1981

599

Voting in the negative were Senators Allgood, Barnes and Thompson.

Those not voting were Senators:

Ballard Broun of 46th Cobb

Deal Hill

Holloway (excused) Land

On the passage of the bill, the yeas were 46, nays 3.

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

SB 289. By Senator Littlefield of the 6th:
A bill to amend the "Development Authorities Law", as amended, so as to authorize the creation of joint development authorities by counties and municipalities; to provide for membership of such joint authorities.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Lester Littlefield

Those not voting were Senators:

Broun of 46th Eldridge

Hill Holloway (excused)

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Hudgins Land

600 Starr

JOURNAL OF THE SENATE Timmons

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

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

HB 47. By Representatives Childs of the 51st, Murphy of the 18th, Ramsey of the 3rd and others:
A bill to amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, so as to change the expenses and allowances.
Senate Sponsor: Senator Deal of the 49th.

Senator Deal of the 49th offered the following amendment:

Amend HB 47 by adding a new Section 2 to read as follows:
"This Act shall become effective upon its approval by the Gover nor or upon its becoming law without his approval."
and by renumbering Section 2 as Section 3,
and by adding on Page 1, line 6 after the word "allowances;" the follow ing:
"to provide an effective date;".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond
Bowen Brannon

Brantley Brown of 47th Bryant Cobb Coleman
Coverdell Deal

Dean Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th

WEDNESDAY, FEBRUARY 18, 1981

601

Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd

Lester McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Littlefield and Thompson.

Those not voting were Senators:

Ballard Broun of 46th

Hill Holloway (excused)

On the passage of the bill, the yeas were 49, nays 2.

Land

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

HB 93. By Representatives Johnson of the 72nd, Oliver of the 121st and Ross of the 76th:
A bill to amend an Act known as the "Act Creating the Public School Employees' Retirement System'', so as to change the title of a member of the Board of Trustees.
Senate Sponsor: Senator Tate of the 38th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

January 20, 1981

602

JOURNAL OF THE SENATE

SUBJECT: Fiscal Note-House Bill 93 Public School Employees' Retirement System
This Bill changes the title of one of the ex-officio members of the Board of Trustees of the Public School Employees' Retirement Fund from "Executive Secretary of the Georgia School Bus Drivers' Associa tion" to "Director of the Georgia School Bus Drivers' Association." This Bill would not have any fiscal impact on the Public School Employees' Retirement System.

I si William M. Nixon State Auditor

Is/ 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.

On 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gi'llis Greene Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

Voting in the negative was Senator Summers.

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Broun of 46th

Hill Holloway (excused)

Land

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

WEDNESDAY, FEBRUARY 18, 1981

603

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

HB 114. By Representative Walker of the 115th:
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to clarify the provisions relative to payments that may be made from funds derived from the deferral of compensation by making such provi sions applicable to deferred compensation plans.
Senate Sponsor: Senator Deal 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 Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Broun of 46th Evans

Hill Holloway (excused)

Land Timmons

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

604

JOURNAL OF THE SENATE

HR 62. By Representatives Lambert of the 12th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to the need for clarification of Article V of the United States Constitution.
Senate Sponsors: Senators Howard of the 42nd and Starr of the 44th.

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 Bowen
Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal
D,6?" Eldndge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner
Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd
Lester Littlefield

Those not voting were Senators:

Holloway (excused)

Land

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Timmons

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

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

SB 74. By Senator Howard of the 42nd:
A bill to amend Code Chapter 68A-10, Subchapter B, the Handicapped Parking Law, so as to provide for institutional permits for handicapped parking; to provide penalties.

WEDNESDAY, FEBRUARY 18, 1981

605

Senator Howard of the 42nd moved that SB 74 be committed to the Committee on Transportation.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 74 was committed to the Committee on Transportation.

Senator Barnes of the 33rd moved that the following bill of the Senate be com mitted to the Committee on Judiciary:

SB 34. By Senator Kidd of the 25th:
A bill to provide for setting aside the conviction in certain criminal cases; to provide procedures in connection therewith; to provide for the rights of persons who have convictions set aside; to provide for construction; to provide for criminal records.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 34 was committed to the Committee on Judiciary.

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

SB 50. 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 Corrections and to prisons, public work camps, and prisoners, as amend ed, so as to change the time when the Commissioner of Offender Rehabilitation is to be notified of sentence.

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 50:

A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, so as to change the time when the Commissioner of Offender Rehabilitation is to be notified of the sentence; to provide time limita tions for retrial of prisoners whose conviction or sentence was reversed or set aside on appeal or on habeas corpus; to provide an effective date; to provide conditions for an effective date; 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 l.An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, is hereby amended by striking part of subsection (c) of section 13 of said Act, which reads as follows:
"and after all appeals or other motions have been disposed of so that said conviction has become final,"
and inserting in lieu thereof the following:
"and after a motion for new trial has been disposed of by the trial court,"
so that when so amended said subsection shall read as follows:
"(c) Immediately upon the imposition of such a sentence as pro vided in paragraph (b) of this section, and after a motion for new trial has been disposed of by the trial court, the clerk of the court shall im mediately notify the Commissioner of Offender Rehabilitation of the sentence, and shall forthwith dispatch therewith, by mail, a complete history of such person upon forms provided by the director. Such history shall include a certified copy of the indictment, accusation, or both, a certified copy of sentence, and such other information as the director may require. For such service, the clerk shall receive the fee prescribed in section 24-2727, as amended, from funds of the county, except where such clerk is on a salary."
Section 2. An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, is hereby amended by inserting a new section, to be designated subsection (f) of Section 13 of said Act, to read as follows:
"(f) Where a prisoner's conviction or sentence is reversed or set aside on appeal or on habeas corpus, such prisoner shall be retried, or resentenced as the case may be, within 180 days of the reversal becoming final and if not, unless the prisoner causes the delay, the prisoner shall be discharged, provided however that a prisoner under a sentence of death whose death penalty is set aside shall have a life sentence imposed by operation of law at the expiration of such 180 day period."
Section 3. This Act shall become effective when funds are ap propriated by the General Assembly to carry out the provisions of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, FEBRUARY 18, 1981

607

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 50 offered by the Senate Committee on Offender Rehabilitation by adding on line 6, Page 2 after the words
"trial court"
the following:
"or a notice of appeal has been filed''.

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment 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.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Evans Holloway (excused)

Land Thompson

Wessels

608

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.

Senator Gillis of the 20th assumed the Chair at the direction of the President.

SB 190. By Senators Lester of the 23rd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall become eligible for consideration for parole after serving ten years.

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

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Hill Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

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

Voting in the negative were Senators Allgood and Bond.

Those not voting were Senators:

Bryant Evans Gillis (presiding)

Greene Holloway (excused) Howard

Land Robinson

WEDNESDAY, FEBRUARY 18, 1981

609

On the passage of the bill, the yeas were 46, nays 2.

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

SB 199. By Senator Scott of the 43rd:
A bill to amend an Act known as "The Georgia Justice Courts Training Council Act," as amended, so as to provide that the term "justice of the peace" shall not include any justice of the peace or notary public ex officio justice of the peace who is a practicing attorney.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 199 by striking on Page 1, line 18, the following: "isa",
and substituting in lieu thereof the following:
"has been duly admitted and licensed to practice law in the superior courts of this State for at least four years and is a".

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Foster Garner Greene Hill Horton
Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

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

610

JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant
Evans Fincher of 54th

Gillis (presiding)
Holloway (excused) Howard

Hudgins Land

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 252. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Chapter 88-5, relating to hospitalization and treat ment procedures for the mentally ill, as amended, so as to require that the sheriff be notified of the status of certain persons after their involun tary admission to a facility.

Senator Hudgins of the 15th offered the following amendment:

Amend SB 252 by striking lines 31 through 34 on Page 4 and lines 1 through 3 on Page 5, and by renumbering subsections (2), (3) and (4) as (1), (2) and (3) on Page 5.

On the adoption of the amendment, the yeas were 35, nays 1, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes
Bell Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman
Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster
Garner Greene Hill Horton Howard Hudgins

WEDNESDAY, FEBRUARY 18, 1981

611

Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Gillis (presiding)

Holloway (excused)

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

Land

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

SB 254. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment procedures for alcoholics, drug dependent individuals, and drug abusers, as amended, so as to require that the sheriff be notified of the status of certain persons after their involuntary admission to a facility.

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

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Hudson

Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton

612

JOURNAL OF THE SENATE

Tate Thompson Timmons

Trulock Turner Tysinger

Those not voting were Senators:

Coverdell Evans

Gillis (presiding) Holloway (excused)

Walker Wessels
Hudgins Land

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

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

SB 290. By Senators Littlefield of the 6th and Wessels of the 2nd:
A bill to amend an Act relating to provision of housing in the interests of national defense, as amended, so as to authorize housing authorities to initiate projects under the Act in certain areas.

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

On the 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen
Evans Gillis (presiding)

Holloway (excused)
Hudgins Land

Starr Stephens

WEDNESDAY, FEBRUARY 18, 1981

613

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

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

SB 305. By Senator Stephens of the 36th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955," as amended, so as to authorize the Secretary of State to furnish state flags, without cost, to the various superior and state courts throughout the state.

The Senate Committee on Defense and Veterans Affairs offered the following amendment:

Amend SB 305 by inserting on Page 1, line 21, after the word "agen cies" the following:
"of the state, counties or municipal authorities,".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd

Lester Littlefield McGill Reynolds Robinson Scott Starr Stumbaugh Summers Tate Thompson Turner Ty singer Walker Wessels

614

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

McKenzie Sutton

Timmons

Those not voting were Senators:

Brown of 47th Bryant

Gillis (presiding) Holloway (excused)

Trulock
Land Stephens

On the passage of the bill, the yeas were 46, nays 4.

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

SR 61. By Senators Garner of the 30th, Kennedy of the 4th, Barnes of the 33rd and others:
A resolution creating the Joint Correctional Institution Study Committee.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 18, 1981

615

Those not voting were Senators:

Evans Gillis (presiding)

Holloway (excused) Land

Robinson Summers

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

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

Senator Garner of the 30th moved that SR 61 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 61 was immediately transmitted to the House.

Senator Starr of the 44th resumed the Chair.

HB 280. By Representative Galer of the 97th:
A bill to amend an Act providing for veterans services in Georgia, so as to make certain provisions regarding widows applicable to all surviving spouses.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

Hill Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Scott Stephens

616

JOURNAL OF THE SENATE

Stumbaugh
Summers
Sutton Tate

Thompson
Timmons
Trulock Turner

Those not voting were Senators:

Evans Holloway (excused)

Howard Land

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

Tysinger Walker Wessels
Robinson Starr (presiding)

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

The following bills of the House were read the first time and referred to com mittees:

HB 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others:
A bill to provide a new Code Title 34C, "Electric Membership Corpora tions".
Referred to Committee on Special Judiciary.

HB 545. By Representatives Harris of the 8th, Snow of the 1st, Walker of the 115th and others:
A bill to create downtown development authorities in and for each municipal corporation of the State. Referred to Committee on County and Urban Affairs.--GEN.

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

HB 281. By Representative Galer of the 97th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide for payment of certain pensions and rewards to all surviving spouses rather than to widows.
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:

WEDNESDAY, FEBRUARY 18, 1981

617

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd

Lester Littlefield McGill McKenzie Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Evans Holloway (excused) Land

Robinson Starr (presiding)

Thompson Trulock

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

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

The President resumed the Chair.

The following general bill of the Senate, having been read the third time and lost on February 17 and reconsidered and placed at the foot of the Calendar previously today, was put upon its passage:

SB 56. 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 require departments to employ certain employees in volved in a reduction in force under certain circumstances.

Senator Kidd of the 25th moved that SB 56 be postponed until Friday, February 20.

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JOURNAL OF THE SENATE

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 56 was postponed until Friday, February 20.

The following general bill of the Senate, having been read the third time and lost on February 17 and reconsidered and placed at the foot of the Calendar previously today, was put upon its passage:

SB 57. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensa tion.

Senator Kidd of the 25th moved that SB 57 be postponed until Friday, February 20.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 57 was postponed until Friday, February 20.

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

SB 189. By Senators Bowen of the 13th, Timmons of the llth, McKenzie of the 14th and others:
A bill to amend Code Section 26-2904, relating to licenses to carry a pistol or revolver, as amended, so as to provide that certain retired law enforce ment officers may obtain a license without the payment of any fee; to provide for a definition.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans

WEDNESDAY, FEBRUARY 18, 1981

619

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

Kidd Lester Littlefield McGill McKenzie
Reynolds Robinson Starr Stephens Stumbaugh

Those not voting were Senators:

Garner Holloway (excused)

Land

Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Scott

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following local, uncontested resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 38. By Senator Hudson of the 35th:
A RESOLUTION
Proposing an amendment to Article IX of the Constitution, so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to certain municipalities located wholly or partially within Fulton County which have a population of not more than 5,000 according to the last or any future federal decennial census for the conduct of recreational programs and activities in such municipalities; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The Board of Commissioners of Fulton County shall have the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County which have a population of not more than 5,000 persons ac cording to the last or any future federal decennial census for the con duct of recreational programs and activities in such municipalities."

620

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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 provide that the Board of Commissioners of Fulton County shall have
[ ] NO the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County which have a population of not more than 5,000 persons according to the last or any future federal decennial census for the conduct of recreational programs and activities in such municipalities?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on County and Urban Affairs offered the following substitute to SR 38:

A RESOLUTION
Proposing an amendment to Article IX of the Constitution, so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to municipalities located wholly or partial ly within Fulton County for the conduct of recreational programs and ac tivities in such municipalities; 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 at the end thereof the following paragraph:
"The Board of Commissioners of Fulton County shall have the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recreational programs and activities in such 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.

WEDNESDAY, FEBRUARY 18, 1981

621

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the Board of Commissioners of Fulton County shall have
[ ] NO the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recrea tional programs and activities in such municipalities?''
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 yeas were 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

On 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 Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Holloway (excused)

Howard

Land

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow.

At 3:50 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 19, 1981

623

Senate Chamber, Atlanta, Georgia Thursday, February 19, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 and resolutions of the House:

HB 587. By Representatives Hays and Snow of the 1st, Foster of the 6th and Crawford of the 5th:
A bill to amend an Act creating the office of Tax Commissioner of Walker County, so as to change the maximum compensation of personnel.

HB 588. 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 the Superior Court of Walker County on an annual salary, so as to change the maximum amount of compensation of personnel.

HB 617. By Representative Jones of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an an nual salary in lieu of the fee system of compensation, so as to change the compensation for such officer.

HB 618. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the com pensation for said officer.

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JOURNAL OF THE SENATE

HB 620. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and pro viding in lieu thereof an annual salary for said officer, so as to change the compensation of said officer.

HB 621. By Representative Jones of the 78th:
A bill to amend an Act placing the Judge of the Probate Court of Butts County upon an annual salary, so as to change the compensation for said officer.

HB 624. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the terms of said court.

HB 631. By Representative Sizemore of the 136th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Worth County.

HB 635. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act providing for a salary for the Clerk of the Superior Court of Screven County in lieu of the fee system, so as to change the compensation of said clerk.

HB 426. 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, 1983.

HB 68. By Representatives Johnson of the 72nd, Lee of the 72nd, Benefield of the 72nd and Wood of the 72nd:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to empower the real estate commissioner to employ and discharge assistants or employees in his discretion and to fix their com pensation; to provide that the action of an applicant or licensee shall be sufficient grounds for refusal, suspension, or revocation of a license under certain conditions.

HB 414. By Representatives Beck of the 148th, Long of the 142nd, Mostiler of the 71st and others:
A bill to amend "The Lender Credit Card Act", so as to authorize lenders to contract for and receive an annual basic card fee in connection with a lender credit card.

THURSDAY, FEBRUARY 19, 1981

625

HB 299. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act", so as to repeal the provisions relating to the reinstatement of certain finance charges.

HB 402. By Representative Jones of the 126th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act'', so as to provide for odometer readings to be shown on certificates of title.

HB 345. By Representatives Bishop of the 94th, Fuller of the 16th, Swann of the 90th and others:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act'', so as to provide for presumption of abandonment of tangible and intangible property held by courts, public corporations, public authorities, or public officers of the State or its political subdivisions.

HB 403. By Representatives Rainey of the 135th, Irvin of the 10th, Twiggs of the 4th and others:
A bill to amend Code Section 45-503, relating to legal weapons for hunt ing, so as to change the requirements pertaining to handguns for hunting deer.

HB 29. By Representative Savage of the 25th:
A bill to amend Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, so as to change the provisions relating to the appointment of members.

HB 30. By Representative Savage of the 25th:
A bill to amend Code Section 88-2010, relating to cornea and eye removal by medical examiners and physicians, so as to correct a reference; to pro vide for conditions of corneal tissue removal; to amend the "Georgia Post Mortem Examination Act''.

HB 528. By Representative Watson of the 114th:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Georgia Public Service Commission, so as to transfer certain functions, powers, duties and authority from the Department of Public Safety to the Georgia Public Service Commission; to repeal a cer tain section of the "Executive Reorganization Act of 1972".

HB 48. By Representatives Richardson of the 52nd and Felton of the 22nd:
A bill to repeal Code Section 74-110, relating to protection of children be ing reared under immoral conditions.

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JOURNAL OF THE SENATE

HB 488. By Representative Parham of the 109th:
A bill to amend Code Section 57-101.2, relating to loans by insured finan cial institutions, so as to remove the provisions relating to the repeal of said Code section.

HB 344. By Representative Coleman of the 118th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer".

HB 397. By Representative Buck of the 95th:
A bill to amend Code Title 57, relating to interest and usury, so as to repeal the provision relating to the reinstatement of a certain rate of in terest.

HB 128. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to define certain terms; to require certain acts by owners and the commissioner upon scrapping, dismantling, or destroying vehicles; to require salvage certificates of title for certain salvage motor vehicles.

HB 92. By Representatives Beal of the 28th, Clark of the 13th, Hawkins of the 50th and others:
A bill to amend the "Adequate Program for Education in Georgia Act", so as to provide for the development of a health education curriculum and guidelines therefor.

HB 123. By Representatives Lord of the 105th, Cox of the 141st, Mann of the 13th and others:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to provide requirements for active practice, continuing education, and recertification for emergency medical technicians, cardiac technicians and advanced emergency medical technicians.

HB 80. By Representatives Pilewicz of the 41st, Lawson of the 9th, Bray of the 70th and others:
A bill to amend Code Title 51, relating to homesteads and exemptions, so as to change the amount of certain exemptions to be used for the pur poses of bankruptcy and in actions involving bankruptcy.

THURSDAY, FEBRUARY 19, 1981

627

HB 358. By Representatives Karrh of the 106th, Burton of the 47th, Cheeks of the 89th and others:
A bill to amend an Act known as the Postsecondary Education Authoriza tion Act of 1978, so as to make such Act applicable to public colleges and universities outside this State which offer instruction or educational pro grams within the State.

HB 380. By Representatives Twiggs of the 4th, Irvin of the 10th, Mann of the 13th and others:
A bill to amend an Act regulating trappers and fur dealers, so as to pro vide for a raccoon fur sellers' license.

HB 405. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34, known as the Georgia Election Code, so as to provide for information to be furnished on applications for registra tion.

HB 406. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34A, known as the Georgia Municipal Elec tion Code, so as to provide for information to be furnished on applica tions for registration.

HB 379. By Representatives Irvin of the 10th, Dover of the 11th, Crawford of the 5th and others:
A bill to amend an Act providing requirements relative to trappers and fur dealers, so as to make lawful the taking of raccoons by persons own ing 50 acres of land or more.

HR 210. By Representatives Phillips of the 125th, Scott of the 123rd, Davis of the 124th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the compensation of the members of the Board of Public Educa tion for the City of Savannah and the County of Chatham may be chang ed by local law without the necessity of the referendum.

HR 146. By Representative Jackson of the 77th:
A resolution authorizing the conveyance of all rights, title and interest in certain real property known as the Keg Creek State Park together with all improvements and facilities thereon.

628

JOURNAL OF THE SENATE

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

SB 352. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public wolrks camps, and prisoners, as amended, so as to provide compensation to employees of penal institutions operated by the Department of Offender Rehabilitation for certain personal property losses sustained through in mate action.
Referred to Committee on Offender Rehabilitation.

SB 353. By Senator Littlefield of the 6th:
A bill to create and establish a Small Claims Court of Camden County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.
Referred to Committee on County and Urban Affairs.

SB 354. By Senator Littlefield of the 6th:
A bill to amend an Act placing certain county officials of Camden County upon an annual salary, as amended, so as to authorize the Board of Com missioners of Camden County to supplement the salary of certain county officers.
Referred to Committee on County and Urban Affairs.

SB 355. By Senator Littlefield of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Camden County, as amended, so as to authorize the Board of Commis sioners of Camden County to supplement the salary of the tax commis sioner.
Referred to Committee on County and Urban Affairs.

SB 356. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Board of Commissioners of Camden County, as amended, so as to provide for a county purchasing agent and a central purchasing office; to provide for the manner in which certain purchases shall be made.
Referred to Committee on County and Urban Affairs.

SB 357. By Senator Littlefield of the 6th:
A bill to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county or-

THURSDAY, FEBRUARY 19, 1981

629

dinances; to provide for the powers of said court; to provide for bonds; to provide for appeals; to provide for funds; to provide for the disposition of fines and forfeitures; to provide for a solicitor.
Referred to Committee on County and Urban Affairs.

SB 358. By Senator Littlefield of the 6th:
A bill to amend an Act placing the sheriff and 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 change the provisions relative to the compensation of the clerk of the superior courts.
Referred to Committee on County and Urban Affairs.

SB 359. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change provisions relating to the compensa tion of the sheriff and deputies and other personnel. Referred to Committee on County and Urban Affairs.

SB 360. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, as amended, so as to change the compensation of said clerk and of the judge's and clerk's personnel. Referred to Committee on County and Urban Affairs.

SB 361. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the tax commissioner of Glynn County on an annual salary, as amended, so as to change the compensation of the tax commissioner and personnel. Referred to Committee on County and Urban Affairs.

SB 362. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating a board of commissioners of Glynn Coun ty, as amended, so as to establish pay grades for the payment from coun ty funds of the salaries and wages of employees of certain officers of Glynn County; to provide the manner of fixing the salaries and wages of employees within said pay grades.
Referred to Committee on County and Urban Affairs.

SB 363. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of certain personnel of the court; to change the terms of court.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE

SB 364. By Senators Littlefield of the 6th, Wessels of the 2nd and Barnes of the 33rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for a new Code chapter relating to insurance information and privacy protection; to provide for legislative intent; to provide for the scope and application of said Code chapter.
Referred to Committee on Banking, Finance and Insurance.

SB 365. By Senator Hudgins of the 15th:
A bill to amend an Act requiring safe construction and installation of boilers and pressure vessels, as amended, so as to define certain terms; to provide for the inspection of certain boilers and pressure vessels. Referred to Committee on Industry, Labor and Tourism.

SB 366. By Senator Timmons of the 11th:
A bill to amend an Act creating a Small Claims Court in and for Calhoun County so as to change the jurisdiction of the court; to provide for ser vice; to change certain fees, costs, commissions, and deposits. Referred to Committee on County and Urban Affairs.

SB 367. By Senators Turner of the 8th, Lester of the 23rd, Hudgins of the 15th and others:
A bill to amend Code Section 84-509, relating to scope of practice of chiropractors, as amended, so as to increase the number of years of school required for students to perform certain chiropractic tasks and to restrict the performance of certain tasks by chiropractic students.
Referred to Committee on Human Resources.

SB 368. By Senators Turner of the 8th and Eldridge of the 7th:
A bill to amend Code Section 90-210, relating to distribution of appellate reports, as amended, so as to authorize chief judges of judicial circuits to discontinue or restore distribution of copies of appellate reports to coun ties within such circuits under certain conditions; to amend Code Section 101-205, relating to distribution and sales of copies of laws and journals, as amended.
Referred to Committee on Judiciary.

SB 369. By Senator Foster of the 50th:
A bill to amend Code Chapter 68A-10, relating to stopping, standing, and parking, as amended, so as to provide that owners of motor vehicles that are leased to other persons shall not be liable for parking violations when the vehicles are not in their possession.
Referred to Committee on Transportation.

THURSDAY, FEBRUARY 19, 1981

631

SB 370. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others:
A bill to amend an Act providing requirements relative to trappers and fur dealers, as amended, so as to revise the definition of certain terms; to authorize trapping of coyote at any time during the year; to authorize the trapping or capture and sale of rabbits and hares.
Referred to Committee on Natural Resources and Environmental Quality.

SB 371. By Senators Stephens of the 36th, Hudson of the 35th, Engram of the 34th and others:
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, as amended, so as to add a new Section 4-109.1 to said charter; to create the position of Senior Judge of the Municipal Court of the City of Atlanta.
Referred to Committee on County and Urban Affairs.

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

HB 29. By Representative Savage of the 25th:
A bill to amend Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, so as to change the provisions relating to the appointment of members. Referred to Committee on Human Resources.

HB 30. By Representative Savage of the 25th:
A bill to amend Code Section 88-2010, relating to cornea and eye removal by medical examiners and physicians, so as to correct a reference; to pro vide for conditions of corneal tissue removal; to amend the "Georgia Post Mortem Examination Act''.
Referred to Committee on Human Resources.

HB 48. By Representatives Richardson of the 52nd and Felton of the 22nd:
A bill to repeal Code Section 74-110, relating to protection of children be ing reared under immoral, etc., conditions. Referred to Committee on Judiciary.

HB 68. By Representatives Johnson of the 72nd, Lee of the 72nd, Benefield of the 72nd and Wood of the 72nd:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to empower the real estate commissioner to employ and discharge assistants or employees in his discretion and to fix their com-

632

JOURNAL OF THE SENATE

pensation; to provide that the action of an applicant or licensee shall be sufficient grounds for refusal, suspension, or revocation of a license under certain conditions.
Referred to Committee on Governmental Operations.

HB 80. By Representatives Pilewicz of the 41st, Lawson of the 9th, Bray of the 70th and others:
A bill to amend Code Title 51, relating to homesteads and exemptions, so as to change the amount of certain exemptions to be used for the pur poses of bankruptcy and in actions involving bankruptcy.
Referred to Committee on Banking, Finance and Insurance.

HB 92. By Representatives Beal of the 28th, Clark of the 13th, Hawkins of the 50th and others:
A bill to amend the "Adequate Program for Education in Georgia Act", so as to provide for the development of a health education curriculum and guidelines therefor. Referred to Committee on Education.
HB 123. By Representatives Lord of the 105th, Cox of the 141st, Mann of the 13th and others:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to provide requirements for active practice, continuing education, and recertification for emergency medical technicians, cardiac technicians and advanced emergency medical technicians. Referred to Committee on Human Resources.

HB 128. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to define certain terms; to require certain acts by owners and the commissioner upon scrapping, dismantling, or destroying vehicles; to require salvage certificates of title for certain salvage motor vehicles. Referred to Committee on Transportation.
HB 299. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act", so as to repeal the provisions relating to the reinstatement of certain finance charges. Referred to Committee on Banking, Finance and Insurance.

THURSDAY, FEBRUARY 19, 1981

633

HB 344. By Representative Coleman of the 118th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer''. Referred to Committee on Retirement.

HB 345. By Representatives Bishop of the 94th, Fuller of the 16th, Swann of the 90th and others:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act", so as to provide for presumption of abandonment of tangible and intangible property held by courts, public corporations, public authorities, or public officers of the State or its political subdivisions.
Referred to Committee on Special Judiciary.

HB 358. By Representatives Karrh of the 106th, Burton of the 47th, Cheeks of the 89th and others:
A bill to amend an Act known as the Postsecondary Education Authoriza tion Act of 1978, so as to make such Act applicable to public colleges and universities located outside this State which offer instruction or educa tional programs within the State.
Referred to Committee on Higher Education.

HB 379. By Representatives Irvin of the 10th, Dover of the 11th, Crawford of the 5th and others:
A bill to amend an Act providing requirements relative to trappers and fur dealers, so as to make lawful the taking of raccoons by persons own ing 50 acres of land or more.
Referred to Committee on Natural Resources and Environmental Quality.

HB 380. By Representatives Twiggs of the 4th, Irvin of the 10th, Mann of the 13th and others:
A bill to amend an Act regulating trappers and fur dealers, so as to pro vide for a raccoon fur sellers' license. Referred to Committee on Natural Resources and Environmental Quality.

HB 397. By Representative Buck of the 95th:
A bill to amend Code Title 57, relating to interest and usury, so as to repeal the provision relating to the reinstatement of a certain rate of in terest. Referred to Committee on Banking, Finance and Insurance.

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JOURNAL OF THE SENATE

HB 402. By Representative Jones of the 126th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for odometer readings to be shown on certificates of title. Referred to Committee on Transportation.

HB 403. By Representatives Rainey of the 135th, Irvin of the 10th, Twiggs of the 4th and others:
A bill to amend Code Section 45-503, relating to legal weapons for hunt ing, so as to change the requirements pertaining to handguns for hunting deer.
Referred to Committee on Natural Resources and Environmental Quality.

HB 405. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34, known as the Georgia Election Code, so as to provide for information to be furnished on applications for registra tion.
Referred to Committee on Governmental Operations.

HB 406. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34A, known as the Georgia Municipal Elec tion Code, so as to provide for information to be furnished on applica tions for registration.
Referred to Committee on County and Urban Affairs.--GEN.

HB 414. By Representatives Beck of the 148th, Long of the 142nd, Mostiler of the 71st and others:
A bill to amend "The Lender Credit Card Act", so as to authorize lenders to contract for and receive an annual basic card fee in connection with a lender credit card.
Referred to Committee on Banking, Finance and Insurance.

HB 426. 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, 1983. Referred to Committee on Natural Resources and Environmental Quality.

THURSDAY, FEBRUARY 19, 1981

635

HB 488. By Representative Parham of the 109th:
A bill to amend Code Section 57-101.2, relating to loans by insured finan cial institutions, so as to remove the provisions relating to the repeal of said Code section. Referred to Committee on Banking, Finance and Insurance.

HB 528. By Representative Watson of the 114th:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, so as to transfer certain functions, powers, duties, and authority from the Department of Public Safety to the Georgia Public Service Commission; to repeal a cer tain section of the "Executive Reorganization Act of 1972''.
Referred to Committee on Public Utilities.

HB 587. 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 office of Tax Commissioner of Walker County, so as to change the maximum compensation of personnel.
Referred to Committee on County and Urban Affairs.

HB 588. 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 the Superior Court of Walker County on an annual salary, so as to change the maximum amount of compensation of personnel.
Referred to Committee on County and Urban Affairs.

HB 617. By Representative Jones of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an an nual salary in lieu of the fee system of compensation, so as to change the compensation for such officer. Referred to Committee on County and Urban Affairs.

HB 618. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the com pensation for said officer.
Referred to Committee on County and Urban Affairs.

HB 620. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and pro-

636

JOURNAL OF THE SENATE

viding in lieu thereof an annual salary for said officer, so as to change the compensation of said officer. Referred to Committee on County and Urban Affairs.
HB 621. By Representative Jones of the 78th:
A bill to amend an Act placing the judge of the Probate Court of Butts County upon an annual salary so as to change the compensation for said officer. Referred to Committee on County and Urban Affairs.
HB 624. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the terms of said court. Referred to Committee on County and Urban Affairs.

HB 631. By Representative Sizemore of the 136th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Worth County. Referred to Committee on County and Urban Affairs.

HB 635. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act providing for a salary for the clerk of the Superior Court of Screven County in lieu of the fee system, so as to change the compensation of said clerk. Referred to Committee on County and Urban Affairs.

HR 146. By Representative Jackson of the 77th:
A resolution authorizing the conveyance of all rights, title and interest in certain real property known as Keg Creek State Park together with all im provements and facilities thereon.
Referred to Committee on Public Utilities.

HR 210. By Representatives Phillips of the 125th, Scott of the 123rd, Davis of the 124th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the compensation of the members of the Board of Public Educa tion for the City of Savannah and the County of Chatham may be chang ed by local law without the necessity of the referendum.
Referred to Committee on County and Urban Affairs.

THURSDAY, FEBRUARY 19, 1981

637

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

Mr. President:

Your Committee on Agriculture 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:

SR 84. HB 152. HR 225.

Do pass as amended. Do pass by substitute. Do pass as amended.

Mr. President:

Respectfully submitted, Senator McGill of the 24th District, Chairman

Your Committee on Banking, Finance and Insurance has had under considera tion 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 183. SB 222. SB 229. SB 287. SR 11.

Do pass by substitute. Do pass. Do pass by substitute. Do pass. Do pass by substitute.

Mr. President:

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

Your Committee on Consumer Affairs has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 251. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

638 Mr. President:

JOURNAL OF THE SENATE

Your Committee on County and Urban Affairs 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 192. SB 193. SB 258. SB 259. SB 260. SB 261. SB 262. SB 263. SB 264. SB 265. SB 266. SB 267. SB 268. SB 269. SB 270. SB 271. SB 272. SB 273. SB 274. SB 275. SB 276. SB 277. SB 278. SB 279. SB 280. SB 332. SB 333. SB 334. SB 335.

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. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

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639

SB 336. SB 337. SB 338. SB 339. SB 340. SB 345. SB 350. SB 351. HB 470. HB 491. HB 492. HB 493. HB 539. HB 566. HB 567. HB 568. HB 569.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31 st District, Chairman

Mr. President:

Your Committee on Defense and Veterans 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 310. Do pass.

Respectfully submitted, Senator Thompson of the 32nd District, Chairman

640 Mr. President:

JOURNAL OF THE SENATE

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

HB 149. Do pass.

Respectfully submitted, Senator Barnes of the 33rd 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 70. SB 184. HB 203.

Do pass by substitute. Do pass by substitute. Do pass as amended.

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

Mr. President:

Your Committee on Public Safety 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 23. SB 213. SB 239. HB 179.

Do pass by substitute. Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Timmons of the 11th District, Chairman

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641

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

SB 140. By Senators Bowen of the 13th, Gillis of the 20th, McKenzie of the 14th and others:
A bill to amend the "Georgia Development Authority Act", as amended, so as to change provisions relative to the per diem paid to members of the Authority.

SB 143. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 88-31, relating to regulation of ambulance services, as amended, so as to provide that counties shall have the primary responsibility for providing ambulance services in the same way as counties currently have the primary responsibility for providing police and fire protection.

SB 220. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to provide that it is unlawful to obtain or attempt to obtain medical assistance and other benefits and payments under certain cir cumstances; to provide that it is unlawful for a provider to accept certain payments to which he is not entitled.

SB 223. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to require that scrap metal processors maintain certain permanent records of business transactions; to provide definitions of certain terms; to specify the content and form of such records; to provide for a minimum period of time to maintain such records.

SB 247. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain commercial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word 'project''.

SB 250. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to prohibit counties or municipalities from imposing certain business license fees or occupational taxes; to provide for other regula tions.

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JOURNAL OF THE SENATE

SB 286. By Senators Fincher of the 52nd and Allgood of the 22nd:
A bill to amend Code Section 20-506, relating to obligations to pay at torney's fees contained in notes and other instruments, as amended, so as to provide that such obligations are enforceable only to the extent that reasonable attorney's fees are actually paid or owing to an attorney other than an employee of the holder of the instrument.

SB 304. By Senator Ballard of the 45th:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide for the board of directors in certain counties; to provide for the repeal of certain provisions.

SB 330. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act so as to provide that the Glynn County board of education shall elect a county school superintendent and provide for his term and powers.

SB 331. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to define the word "project" to include certain hotel and motel facilities; to grant the authority the powers granted to other authorities by the "Development Authorities Law".

SR 54. By Senator Dean of the 31st: A resolution relative to zoning for handicapped individuals.

SR 59. By Senator Bell of the 5th:
A resolution supporting the position of the National Conference of State Legislatures and the National Governors Association on the Medicaid program.

SR 60. By Senators Gillis of the 20th, Walker of the 19th, Kennedy of the 4th and others:
A resolution reaffirming the commitment of the General Assembly to the mission and program of the Mercer University School of Medicine.

SR 71. By Senators Reynolds of the 48th, Gillis of the 20th and Broun of the 46th:
A resolution creating the Duplication of State Services Study Committee.

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643

SR 79. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A resolution creating the Senate Health and Medical Education Study Committee.

SR 86. By Senator Littlefield of the 6th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolu tions in accordance with the fines specified by such ordinance or resolu tion; to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised; to pro vide for the submission of this amendment for ratification or rejection.

SB 248. By Senator Kidd of the 25th:
A bill to provide that in all counties of this state having a population of not less than 33,527 and not more than 34,513 according to the United States census of 1970 or any future such census and in all municipalities in such counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages, and wines is lawfully authorized, such sales for con sumption on the premises shall be authorized during certain hours.

SB 257. By Senator Coverdell of the 40th:
A bill to amend an Act known as ' 'The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973" so as to authorize the public en tities covered by said Act to exercise the powers provided by said Act, as a part of the costs of public works projects, for public works projects which are not financed in whole or in part from federal funds.

SB 296. By Senator Starr of the 44th:
A bill to amend Code Section 24A-401, relating to definitions under the Juvenile Court Code of Georgia, as amended, so as to change the defini tion of the term "unruly child''.

SB 316. By Senator Barnes of the 33rd:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965," as amended, so as to authorize municipalities to reapportion council or commission districts 01 a municipality under specified condi tions.

HB 122. By Representatives Steinberg of the 46th, Swann of the 90th, Richardson of the 52nd and others:
A bill to amend Code Title 88, known as the Georgia Health Code, so as to provide for a new chapter creating a bill of rights for residents of longterm care facilities.

644

JOURNAL OF THE SENATE

HB 129. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any per son to advertise for sale, sell, use, install, or have installed any device which causes an odometer to register any mileage other than the actual mileage driven.

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.

HB 151. By Representative Bray of the 70th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Meriwether County.

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.

HB 447. By Representatives Moore and Smith of the 152nd:
A bill to amend an Act creating the charter for the City of Douglas, so as to change the provisions relating to the levy and collection of ad valorem taxes.

HB 448. By Representatives Moore and Smith of the 152nd:
A bill to provide a new charter for the City of Broxton, Georgia, in the County of Coffee; to provide for incorporation, powers, and boundaries of said city.

HB 450. By Representative Bray of the 70th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.

HB 452. By Representative Castleberry of the 111th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to remove certain restrictions upon the amount of compensation which may be paid to the clerk of said Board.

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645

HB 494. By Representative Wall of the 61 st:
A bill to amend an Act creating the Recorder's Court of Gwinnett Coun ty, so as to change the length of the term of the judge of the recorder's court; to provide for employment of a solicitor of that court.

HB 497. By Representative Mostiler of the 71st:
A bill to amend an Act creating a new charter for the City of Griffin, so as to provide for the election of the chairman of the board of commis sioners.

HB 508. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries, elections, and registration of electors.

HB 517. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the office of tax commissioner of Jeffer son County, so as to change provisions relating to the personnel of the tax commissioner's office.

HB 518. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the sheriff of Jefferson County on an an nual salary, so as to change provisions relating to the personnel employed by the sheriff.

HB 519. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the Clerk of the Superior Court of Jeffer son County on an annual salary, so as to change provisions relative to personnel of the clerk's office.

HB 520. By Representatives Mostiler of the 71st, Fortune of the 71st, Johnson of the 72nd and others:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to transfer the powers and duties of the board of registrars in such counties to the board of elections.

HB 523. By Representatives Kilgore of the 65th and Johnson and Thomas of the 66th:
A bill to repeal an Act entitled ' 'An Act to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census".

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JOURNAL OF THE SENATE

HB 538. 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 extend and increase the corporate limits of the City of LaGrange.

HB 543. By Representative Rainey of the 135th:
A bill to amend an Act consolidating the offices of tax receiver of Dooly County, so as to change the compensation provisions relating to the tax commissioner.

HB 544. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Dooly, so as to create new road districts for the election of commissioners.

HB 552. By Representative Martin of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the terms and election time of certain council members.

HR 45. By Representatives Galer of the 97th, Savage of the 25th, Fuller of the 16th and others:
A resolution creating the Joint Local Mental Health and Mental Retarda tion Governance Study Committee.

HR 60. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to federal fiscal note and grant consolidation legisla tion.

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 165. By Senator Tate of the 38th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population in excess of 500,000, according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population; to change the maximum amount of compensation which may be paid to such com missioners.

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

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647

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

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

SB 206. By Senator Bond of the 39th:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937," as amended, so as to provide that the board of family and children services in certain counties shall consist of ten members.

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

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

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

SB 300. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Putnam County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

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

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

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

SB 302. By Senator Kennedy of the 4th:
A bill to amend an Act creating the Small Claims Court of Evans County so as to change the provisions relating to commencement of actions and services; to change the provisions relating to costs; to delete the provi sions relating to jury trials.

The report 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.

648

JOURNAL OF THE SENATE

SB 303. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authori ty; to provide for other matters relative thereto.

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

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

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

SB 314. By Senator Ballard of the 45th:
A bill to provide for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairman of the Board of Commissioners of Newton County to reflect increases in the cost of living; to define certain terms.

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

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

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

HB 265. By Representatives Dixon of the 151 st and Crosby of the 150th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the compensation of the judge and the solicitor of the court.

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

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

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

HB 303. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A bill to amend an Act incorporating the Town of Tunnel Hill, so as to change the provisions relating to the election and terms of office of the commissioners and chairman of the board of commissioners of said town.

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649

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

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

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

HB 348. By Representative Sizemore of the 136th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census''.

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

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

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

HB 441. By Representative Castleberry of the 111 th:
A bill to amend an Act establishing an annual salary for the sheriff of Stewart County, so as to change the compensation of the sheriff's 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 50, nays 0.

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

HB 449. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to provide for the election of the school superintendent of Coffee County; 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.

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JOURNAL OF THE SENATE

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

HB 461. By Representative Irvin of the 1 Oth:
A bill to amend an Act establishing the State Court of Stephens County, so as to change the quarterly terms of said court.

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

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

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

HB 462. By Representative Irvin of the 10th:
A bill to amend an Act establishing the State Court of Stephens County, so as to change the compensation of the Judge 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 50, nays 0.

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

HB 465. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to designate posts on the board; to provide qualifications for members of the board.

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

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

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

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651

HB 466. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax col lector of Floyd County and creating in lieu thereof the office of tax com missioner of Floyd County, so as to change the compensation of the tax commissioner.

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

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

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

HB 467. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, so as to change the salary of said clerk and pro bate 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 50, nays 0.

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

HB 468. By Representatives Childers of the 15th, Adams of the 14th and Fuller of the 16th:
A bill to amend an Act known as the "Floyd County Merit System Act", so as to provide an additional exemption from coverage under the Merit System; to abolish the present Floyd County Merit System Board and create a new Board composed of five members.

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

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

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

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JOURNAL OF THE SENATE

HB 472. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Montgomery County.Georgia, to be known as the Small Claims Court of Montgomery Coun ty-

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

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

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

HB 473. By Representative Phillips of the 120th:
A bill to create and establish a Small Claims Court of Wheeler 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.

HB 474. By Representative Phillips of the 120th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases and game and fish cases in the probate courts of the counties of this state hav ing a population of not less than 6,900 nor more than 6,950 according to the U.S. decennial census of 1980 or any future such census.

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

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

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

HB 479. By Representative Kilgore of the 65th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.

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653

The report 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 269. By Representatives Walker of the 115th and Culpepper of the 98th: A bill to create and establish a Small Claims Court of Macon County.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 269 by striking all of Section 8 from Pages 4 and 5 and in serting in its place the following:
"Section 8. The plaintiff, when he files his claim, shall deposit with the court $21.50 in those cases which do not exceed $750.00, or the sum of $25.00 in those cases from $750.00 to $3,000.00, which shall cover all costs of the proceeding up to and including the render ing of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnish ment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $16.50; and in other matters not specifically mentioned here the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be $12.00, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new cases while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion."
By striking from Section 21 the words:
"four dollars",
and inserting in lieu thereof the following:
"$7.50".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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JOURNAL OF THE SENATE

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

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

HB 301. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 301 by striking on line 17 of Page 1 the following: "$18,700.00",
and inserting in lieu thereof the following: "$20,000.00".
By striking from line 18 of Page 1 the following: "6",
and inserting in lieu thereof the following:
"2>/2".
By striking from line 5 of Page 2 the following: "$20,050.00",
and inserting in lieu thereof the following: "$21,000.00".
By striking from line 6 of Page 2 the following: "6",
and inserting in lieu thereof the following: "2'/z".
By striking from line 19 of Page 2 the following: "$19,375.00",

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655

and inserting in lieu thereof the following: "$22,000.00".
By striking from line 20 of Page 2 the following: "6",
and inserting in lieu thereof the following: "2V2 ".
By striking from line 2 of Page 3 the following: "$17,375.00",
and inserting in lieu thereof the following: "$18,500.00".
By striking from line 3 of Page 3 the following: "6",
and inserting in lieu thereof the following: "2Vz".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 302. By Representative Ramsey of the 3rd: A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation of the commissioner.
The Senate Committee on County and Urban Affairs offered the following amendment:

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JOURNAL OF THE SENATE

Amend HB 302 by striking on line 13 of Page 1 the following: "$22,710.00",
and inserting in lieu thereof the following: "$24,000.00".
By striking from line 16 of Page 1 the following: "6 percent",
and inserting in lieu thereof the following: "2 l/2 percent".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

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

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

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

HB 431. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to change the number of councilmen; to change the method of electing the mayor and councilmen.

Senator McKenzie of the 14th offered the following amendment:

Amend HB 431 by striking from line 20 of Page 2 the following: "Three",
and substituting in lieu thereof the following: "The mayor and the three".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

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657

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:

Allgood Barker Barnes Bell Bowen Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Bond Broun of 46th

Bryant Hill Holloway (excused)

McGill Stumbaugh

Senator Engram of the 34th introduced the chaplain of the day, Dr. Charles Boleyn, pastor of Fairburn United Methodist Church, Fairburn, Georgia, who of fered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 92. By Senators Thompson of the 32nd, Hudson of the 35th, Brannon of the 51st and others:
A resolution commending the Georgia Air National Guard.

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JOURNAL OF THE SENATE

The following resolution of the Senate, favorably reported by the committee, was read and put upon its adoption:
SR 84. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A resolution honoring Georgia's agricultural industry by designating March 9, 1981, as "Agriculture Day" in Georgia.

The Senate Committee on Agriculture offered the following amendment:

Amend SR 84 by striking on Page 1, line 2, the word and figure "March 9", and inserting in lieu thereof the following:
"March 19".

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

The resolution was adopted as amended.

The following resolution of the House, favorably reported by the committee, was read and put upon its adoption:

HR 225. By Representatives Reaves of the 147th, Sizemore of the 136th, Collins of the 144th and others:
A resolution honoring Georgia's agricultural industry by designating March 9, 1981, as "Agriculture Day" in Georgia.

The Senate Committee on Agriculture offered the following amendment:

Amend HR 225 by striking on Page 1, line 2, the word and figure "March 9", and inserting in lieu thereof the following:
"March 19".

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

The resolution was adopted as amended.

Senator Horton of the 17th moved that the following bill of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Consumer Affairs:

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659

SB 313. By Senator Horton of the 17th:
A bill to amend Code Chapter 20-1, relating to general principles of con tract law, so as to require certain written agreements and contracts to be written in simplified and plain language; to provide remedies.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 313 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Consumer Affairs.
SENATE RULES CALENDAR
Thursday, February 19, 1981
TWENTIETH LEGISLATIVE DAY

SB 292. SB 156. SB 249. SB 198. SB 243. SB 236. SB 285. SB 67. HB 205.
SB 136. HB 40. SB 245. SB 155. SB 227.

Mountain Judicial Circuit Superior Court--additional judge (Judy-50th)
Teachers' Retirement--determination of certain rates of interest (Ret-9th)
Ocmulgee Judicial Circuit Superior Court Judges--supplemental salary (Judy--25th)
Georgia Computer System Protection Act--create (SUBSTITUTE) (Judy-43rd)
Public Service Commission--additional qualifications (Gov Op-25th)
Campaign and Financial Disclosure--change provisions on filing (Gov Op--25th)
Probate Judge--may appoint attorney to act in place of (SUBSTITUTE) (Judy-26th)
Capital City Safety Assistance Committee--create (SUBSTITUTE) (Gov Op--40th)
Adequate Program for Education in Georgia--Education Dept. need not provide Cooperative Education Service Agency Director (Ed--28th)
Juvenile Case Judges--qualifications and continual training (Judy-15th)
Motor Vehicle Certificate of Title Act--exclude vehicle 15 years old or more (Trns--48th)
Licensed Practical Nurse--qualifications for license (AMENDMENT) (Gov Op-25th)
Local Retirement, Pension, Emeritus System--actuarial investigations (Ret--40th)
Aggravated Assault--change maximum punishment (Judy--23rd)

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SB 244. SB 291. SB 295. SR 77. SB 63. SB 221. SB 288. SB 104. SB 31.

Licensed Practical Nurses Employed in Institutions--compensation (Gov Op--25th)
Board of Examiners of Power Engineers--create (AMENDMENT) (Gov Op--36th)
Constables--change provisions on qualifications (Judy--44th)
Amendment to the Constitution--people have power to enact, reject (Gov Op--27th)
Adequate Program for Education in Georgia--computing mileage from school (SUBSTITUTE) (Ed--37th)
School Year-change provisions relative to (SUBSTITUTE) (Ed--55th)
Sale of Nonuniform Signs, Signals, Traffic Control Devices--prohibit (Trns--48th)
Medical Assistance Act--disclosure of certain confidential information unlawful (SUBSTITUTES) (Hum R--42nd)
Cable Television--counties grant franchise licenses (AMENDMENTS) (Gov Op-37th)

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

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 292. By Senators Foster of the 50th and Brown of the 47th:
A bill to add one additional judge of the superior court for the Mountain Judicial Circuit; to provide for the appointment of the first such addi tional 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.

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

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

Bowen Brannon Brantley Brown of 47th

Bryant Cobb Coleman Dean

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

Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Bond Broun of 46th Coverdell

Deal Eldridge Garner

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

Holloway (excused) Hudgins Timmons

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

SB 156. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the deter mination of certain rates of interest.

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

MEMORANDUM

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

TO:

The Honorable Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 28, 1981

SUBJECT: Fiscal Note-Senate Bill 156 Teachers' Retirement System

This Bill would revise the current law to remove the 5'/2% ceiling on the rate of interest set by the Board of Trustees for use in actuarial calculations.

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Removing the ceiling on the interest rate assumption set by the Board would have no direct fiscal impact on TRS. The actuary for the Retire ment System has adjusted the salary increase rate assumption to parallel the interest rate assumption so that all of the economic assumptions used by TRS reflect approximately the same degree of inflation. If the Board of Trustees were to set a higher interest rate, the salary increase rate assumption would be adjusted accordingly and no fiscal impact would result. The system's benefit fund is currently earning income at the rate of 8%.

1st William M. Nixon State Auditor

I si 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.

On the 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean English Engram Evans

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson
Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Coverdell

Eldridge Hill

Holloway (excused) Timmons

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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663

SB 249. By Senators Kidd of the 25th, McGill of the 24th and Ballard of the 45th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Coverdell Eldridge

Evans Hill Holloway (excused)

Hudgins Timmons

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

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

SB 198. By Senator Scott of the 43rd:
A bill to prohibit certain computer related crimes; to provide for a short title; to provide for legislative intent; to provide for definitions; to pro hibit computer fraud; to prohibit certain accessing, altering, damaging, or destroying of computers, computer systems, or computer networks and to prohibit certain attempts relating thereto.

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The Senate Committee on Judiciary offered the following substitute to SB 198:

A BILL
To be entitled an Act to prohibit certain computer related crimes; to provide for a short title; to provide for legislative intent; to provide for definitions; to prohibit computer fraud; to prohibit certain accessing, altering, damaging, or destroying of computers, computer systems, or computer networks and to prohibit certain attempts relating thereto; to provide for penalties; to provide for venue of trials; to require reports of violations and provide immunity from liability for such reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Georgia Com puter Systems Protection Act."
Section 2. Legislative intent. The General Assembly finds that:
(1) Computer related crime is a growing problem in the government and in the private sector;
(2) Such crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime;
(3) The opportunities for computer related crimes in state programs and in other entities which operate within the state through the introduc tion of fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized informa tion files, and stealing of financial instruments, data, or other assets are great;
(4) Computer related crime operations have a direct effect on state commerce; and
(5) The prosecution of persons engaged in computer related crime is difficult under current Georgia criminal statutes.
Section 3. Definitions. For purposes of this section, unless the con text clearly indicates otherwise:
(1) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network.
(2) "Computer" means an electronic device which performs logical, arithmetic, and memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software, or communication facilities which are connected or related to such a device in a system or network.

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(3) "Computer network" means the interconnection, whether by wires, electromagnetic waves, or otherwise, of communication systems with a computer either through remote terminals or a complex consisting of two or more interconnected computers.
(4) "Computer program" means an instruction or statement or a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner design ed to provide appropriate products from such computer system.
(5) "Computer software" means a set of computer programs, pro cedures, and associated documentation concerned with the operation of a computer system.
(6) "Computer system" means a set of related computer equipment, devices, and software, whether connected or unconnected.
(7) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security, or any electronic data processing representation thereof.
(8) "Property" includes but is not limited to financial instruments, information, including electronically processed or produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value.
(9) "Services" includes but is not limited to computer time, data processing, and storage functions.
Section 4. Computer fraud and abuse, (a) Whoever knowingly and willfully, directly or indirectly, accesses, causes to be accessed, or at tempts to access any computer, computer system, computer network, or any part thereof which, in whole or in part, operates in commerce or is owned by, under contract to, or in conjunction with state, county, or local government or any branch, department, or agency thereof, or any entity operating in or affecting commerce for the purpose of:
(1) Devising or executing any scheme or artifice to defraud, or
(2) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises shall, upon conviction thereof, be fined a sum of not more than two and one-half times the amount of the fraud or theft, or imprisoned not more than 15 years, or both.
(b) Whoever intentionally and without authorization, directly or in directly accesses, alters, damages, destroys, or attempts to damage or destroy any computer, computer system, or computer network, or any computer software, program or data contained in such computer, com puter system, or computer network shall, upon conviction thereof, be fined not more than $50,000.00 or imprisoned not more than 15 years, or both.

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Section 5. For the purpose of venue under the provisions of this Act, any violation of this Act shall be considered to have been committed: in any county in which any act was performed in furtherance of any trans action which violated the Act; in the county of the principal place of business in this state of the owner or lessee of a computer, computer system, computer network or any part thereof; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, com puter software, computer program or other material or objects which were used in furtherance of said violation; and in any county from which, to which or through which any access to a computer or computer network was made whether by wires, electromagnetic waves, microwaves or any other means of communication.
Section 6. It is the duty of every business, partnership, college, university, person, state, county, or local governmental agency or department or branch thereof corporation, or other business entity who has reasonable grounds to believe that a violation of this Act has been committed to promptly report the suspected violation to law enforce ment authorities. When acting in good faith, such business, partnership, college, university, state, county, or local governmental agency or department or branch thereof, corporation, or other business entity shall be immune from any civil liability for such reporting.
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 0, nays 37, and the committee substitute was lost.

Senator Scott of the 43rd offered the following substitute to SB 198:

A BILL
To be entitled an Act to prohibit certain computer related crimes; to provide for a short title; to provide for legislative intent; to provide for definitions; to prohibit computer fraud; to prohibit certain accessing, altering, damaging, or destroying of computers, computer systems, or computer networks and to prohibit certain attempts relating thereto; to provide for penalties; to provide for venue of trials; to require reports of violations and provide immunity from liability for such reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Georgia Com puter Systems Protection Act."
Section 2. Legislative intent. The General Assembly finds that:
(1) Computer related crime is a growing problem in the govern ment and in the private sector;

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667

(2) Such crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime;
(3) The opportunities for computer related crimes in state pro grams and in other entities which operate within the state through the introduction of fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized information files, and stealing of financial instruments, data, or other assets are great;
(4) Computer related crime operations have a direct effect on state commerce; and
(5) The prosecution of persons engaged in computer related crime is difficult under current Georgia criminal statutes.
Section 3. Definitions. For purposes of this section, unless the con text clearly indicates otherwise:
(1) "Computer" means an internally programmed, generalpurpose, digital device that automatically processes substantial data.
(2) "Computer system" means a set of connected devices in cluding a computer and possibly other devices such as data input, out put, or storage devices, data communication circuits, and operating system computer programs that make the system capable of perform ing special-purpose data processing tasks for which it is specified.
(3) "Computer network" means a set of two or more computer systems that automatically transmit data over communication circuits connecting them.
(4) "Computer program" means an ordered set of data that are coded instructions or statements that when executed by a computer cause the computer to process data.
(5) "Property" includes, but is not limited to, financial in struments, data, computer programs, documentation associated with data and computer systems and programs, all in machine- readable or human-readable form, and any other tangible or intangible item of value.
(6) "Services" includes, but is not limited to, providing a com puter system to perform tasks.
(7) "Financial instruments" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security, or any computer system representation thereof.
(8) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of, a computer, computer system, or computer network.

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|9) "Computer software" means a set of computer programs, pro cedures, and associated documentation concerned with the operation of a computer system.
(10) "Data" is a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or com puter network and should be classified as intellectual property and may be in any form including but not limited to computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer.
Section 4. Computer fraud and abuse, (a) Whoever knowingly and willfully, directly or indirectly, without authorization, accesses, causes to be accessed, or attempts to access any computer, computer system, com puter network, or any part thereof which, in whole or in part, operates in commerce or is owned by, under contract to, or in conjunction with state, county, or local government or any branch department or agency thereof, or any entity operating in or affecting commerce for the purpose of:
(1) Devising or executing any scheme or artifice to defraud, or
(2) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises shall, upon conviction thereof, be fined a sum of not more than two and one-half times the amount of the fraud or theft, or im prisoned not more than 15 years, or both.
(b) Whoever intentionally and without authorization, directly or in directly accesses, alters, damages, destroys, or attempts to damage or destroy any computer, computer system, or computer network, or any computer software, program or data shall, upon conviction thereof, be fined not more than $50,000.00 or imprisoned not more than 15 years, or both.
Section 5. For the purpose of venue under the provisions of this Act, any violation of this Act shall be considered to have been committed: in any county in which any act was performed in furtherance of any tran saction which violated the Act; in the county of the prinicipal place of business in this state of the owner or lessee of a computer, computer system, computer network or any part thereof; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, com puter software, computer program or other material or objects which were used in furtherance of said violation; and in any county from which, to which or through which any access to a computer or computer network was made whether by wires, electromagnetic waves, microwaves or any other means of communication.
Section 6. It is the duty of every business, partnership, college, university, person, state, county, or local governmental agency or depart ment or branch thereof, corporation, or other business entity who has

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669

reasonable grounds to believe that a violation of this Act has been com mitted to promptly report the suspected violation to law enforcement authorities. When acting in good faith, such business, partnership, col lege, university, state, county, or local governmental agency or depart ment or branch thereof, corporation, or other business entity shall be im mune from any civil liability for such reporting.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 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 Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Broun of 46th Eldridge

Hill Holloway (excused)

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

Tate Trulock

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

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SB 243. By Senator Kidd of the 25th:
A bill to amend Code Section 93-202, relating to qualifications of members of the Georgia Public Service Commission, so as to provide ad ditional qualifications for members of the commission; to provide an ef fective 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 Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal

Eldridge English Engram Fincher of 52nd Foster Garner Hill Horton Howard Hudgins Kennedy Kidd Land

Those voting in the negative were Senators:

Barnes Dean Evans Fincher of 54th

Gillis Greene Hudson Robinson

Those not voting were Senators:

Bowen Broun of 46th

Holloway (excused) Starr

Lester Littlefield McGill McKenzie Reynolds Scott Stephens Trulock Turner Tysinger Walker Wessels
Stumbaugh Summers Sutton Thompson
Tate Timmons

On the passage of the bill, the yeas were 38, nays 12.

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

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671

SB 236. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Campaign and Financial Disclosure Act", as amended, so as to change the definition of a certain term; to change the provisions relating to the filing of campaign financing disclosure reports; to change the provisions relating to the duties of filing officers.

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

On the 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th

Tare

Holloway (excused)

Timmons

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

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

SB 285. By Senators Greene of the 26th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend Code Section 24-2710, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; to pro vide an effective date.

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

A BILL
To be entitled an Act to amend Code Section 24-1710, relating to pro ceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; 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 24-1710, relating to proceedings when a pro bate judge is disqualified or unable to act, is hereby amended by insert ing after the phrase "unable to act in any cause," the following:
"the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdic tion of the probate court. If the judge of the probate court does not so appoint,",
so that when so amended Code Section 24-1710 shall read as follows:
"24-1710. Proceedings when judge of probate court disqualified. Whenever a judge of the probate court is disqualified to act in any cause or because of sickness, absence, or for any other reason is unable to act in any cause, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to ex ercise the jurisdiction of the probate court. If the judge of the probate court does not so appoint, the judge of the city court or the county court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in such cause. If there be no judge or if for some reason such judge cannot serve in such cause, the clerk of the judge of the probate court shall exercise all the jurisdiction of the judge of the probate court in such cause. A clerk of the judge of the probate court is not authorized by this Section to exercise the jurisdic tion of the judge of the probate court in county matters as provided in Article VI, Section VI, paragraph II(a) of the Constitution of 1976. If for any reason the clerk of the judge of the probate court cannot serve in such cause, the judge of the superior court shall appoint a person to serve and exercise the jurisdiction of the judge of the probate court in such cause. The compensation of the person serving as herein provid ed shall be fixed by the board of county commissioners, or, in those counties which have no county commissioners, by the judge of the superior court. Such compensation shall be paid from the general funds of the county. All fees collected during such service shall be paid into the general funds of the 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.

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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 Barnes Bell Bond Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those voting in the negative were Senators:

Brannon

Stephens

Those not voting were Senators:

Bowen Broun of 46th Eldridge

Garner Holloway (excused)

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Summers Sutton Tate Thompson Trulock Turner Tysinger Walker
Stumbaugh
Timmons Wessels

On the passage of the bill, the yeas were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Greene of the 26th moved that SB 285 be immediately transmitted to the House.

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On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 285 was immediately transmitted to the House.

SB 67. By Senators Coverdell of the 40th and Bond of the 39th:
A bill 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 ac countability to the committee.

The Senate Committee on Governmental Operations offered the following substitute to SB 67:

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 commit tee; 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 Safe ty Assistance Committee to be composed of the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House, the chairperson of the Atlanta-Fulton County Senate delegation, the chairperson of the Atlanta-Fulton County House delegation, one member of the AtlantaFulton County Senate delegation elected by a majority vote of the membership of said delegation, and one member of the Atlanta-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 organiza tional meeting, the committee shall elect a chairman and vice-chairman and such other officers as it deems necessary. The committee shall adopt rules or bylaws for its own government. The committee shall meet for the purpose of reorganizing itself and electing officers during January im mediately following each election of members of the General Assembly. The committee may meet at such times and places as it deems necessary to carry out its duties as hereinafter provided by this Act.
jc) The legislative members of the committee shall receive the same expenses 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.

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(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 act ing 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 of ficials 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 pro vided in Section 2 of this Act and shall provide the committee with such information, reports, and assistance as may be requested by the commit tee 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 approval by the Governor or upon its becoming law without his ap proval.
Section 5. Termination date. This Act shall stand repealed in its en tirety on December 31, 1982.
Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond

Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge Engram

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Evans Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson

JOURNAL OF THE SENATE

Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Starr Stephens Stumbaugh Summers Tate Thompson Turner Tysinger Walker Wessels

Voting in the negative were Senators Sutton and Trulock.

Those not voting were Senators:

Brannon English

Fincher of 52nd Hill

Holloway (excused) Timmons

On the passage of the bill, the yeas were 48, nays 2.

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

HB 205. By Representatives Jones of the 78th, Moore of the 152nd, Phillips of the 91st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to delete the requirement that the State Depart ment of Education shall provide for a state director of Cooperative Education Service Agency Programs.
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

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell Deal Eldridge English

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Engram Evans Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson

Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Stephens Stumbaugh Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean Fincher of 52nd
Hill

Holloway (excused) Starr

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

Summers Tate

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

SB 1 36. By Senators Hudgins of the 15th and Greene of the 26th:
A bill to amend Code Chapter 24A-5, relating to the Council of Juvenile Court Judges, as amended, so as to change the provisions relating to the qualifications of judges hearing juvenile cases and their continual train ing.

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

On the 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 Bowen Brantley Broun of 46th Brown of 47th Bryant

Cobb Coleman Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene

Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

678
Reynolds Scott Starr Stephens Stumbaugh

JOURNAL OF THE SENATE

Sutton
Tate Thompson
Timmons Trulock

Turner Tysinger Walker Wessels

Voting in the negative were Senators Coverdell and Deal.

Those not voting were Senators:

Brannon
Dean Fincher of 52nd

Hill Holloway (excused)

Robinson Summers

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

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

HB 40. By Representatives Jackson of the 9th, Jessup of the 117th, Coleman of the 118th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exclude certain vehicles 15 or more years old 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:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Hill Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

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Reynolds Robinson Scott Starr Stephens

Stumbaugh Sutton Tate Trulock

Turner Tysinger Walker Wessels

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Bond Brannon

Holloway (excused) Howard

Summers Timmons

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Starr of the 44th assumed the Chair at the direction of the President.
SB 245. By Senator Kidd of the 25th: A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the qualifications for the licensure and ex amination as a licensed practical nurse; to authorize the board to accept applications from applicants who expect to complete successfully a course of training in an approved school and hospital prior to the date of the examination applied for.
The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 245 by adding in the title on Page 1, line 12, immediately preceding the words "to provide", the following:
"to require an applicant to have additional instruction after failing an examination twice;"
and
By adding on Page 5, at the end of Section 2, between lines 19 and 20, a new paragraph to read as follows:
"An applicant who fails the examinations twice shall be required to present satisfactory evidence to the board that such applicant has completed a program of instruction in nursing or such other educa tional activity as prescribed by the board before such applicant is ad mitted to a third examination."

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

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Greene

Holloway (excused)

Starr (presiding)

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

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

SB 155. By Senators Coverdell of the 40th and Sutton of the 9th:
A bill to amend an Act providing requirements relative to local retire ment, pension, and emeritus systems so as to change the provisions relative to actuarial investigations and reports submitted to the state auditor; to provide for certain reports to the Governor and members of the General Assembly.

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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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 27, 1981

SUBJECT: Fiscal Note-Senate Bill 155 Local Pension Systems

This Bill would revise the current law governing the reporting re quirements of local pension systems. The provisions of this Bill and the resultant fiscal impact are discussed in the following paragraphs.

1. Local pension systems would be required to file both an actuarial investigation and a financial report with the State Auditor once every three years. Currently, local pension systems are required to file an ac tuarial investigation every five years and are required to submit annual reports which include the same type of information that would be re quired in the financial reports. Pension plans established with an insurer would not have to file an actuarial investigation; pension plans establish ed with the Joint Municipal Employees' Retirement System (JMERS) or with the Association County Commissioners of Georgia (ACCG) would be required to file a comprehensive report every three years in lieu of the actuarial investigation and financial reports.

The fiscal impact of this provision would be insignificant. As of 1980, 131 municipalities participated in JMERS; as of 1979, 28 counties par ticipated in the ACCG pension plan. The three Atlanta pension plans (general, police, and fire) are currently required to have an actuarial in vestigation every three years. The Fulton County Employees' Pension System submits actuarial valuations annually.

2. Based on the most recent actuarial investigations and financial reports submitted, the State Auditor would be required to submit a report to the Governor and each member of the General Assembly once every three years regarding the condition of local retirement systems. The report would specifically address those pension systems not in actuarially sound condition.

This provision would have no direct fiscal impact on local pension systems. The cost of preparing the required report every three years would not result in a significant increase in the Audit Department's ex penditures.

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3. The State Auditor would be required to notify those political sub divisions which do not submit the required actuarial investigations and financial reports within 30 days of the due date. If the required reports are not submitted within 60 days of notification, the State Auditor would be required to notify the Department of Administrative Services' fiscal division for the purpose of withholding any state funds payable to the political subdivision.
This provision would have no direct fiscal impact on local pension systems unless they failed to submit the required reports.
The total fiscal impact of this Bill on local pension systems would be insignificant.

1st William M. Nixon State Auditor

I si 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.

On the 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 Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Horton.

Those not voting were Senators.

Holloway (excused)

Starr (presiding)

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683

On the passage of the bill, the yeas were 53, nays 1.

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

Senator Kennedy of the 4th introduced a doctor of the day, Dr. Curtis G. Hames, of Claxton, Georgia, and Senator Tysinger of the 41st introduced a doctor of the day, Dr. Carl H. Strom, of Decatur, Georgia.

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 227. By Senators Lester of the 23rd, Barnes of the 33rd and Wessels of the 2nd:
A bill to amend Code Section 26-1302, relating to aggravated assault, as amended, so as to change the maximum punishment for aggravated assault.

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

On the 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

Eldridge English Engram Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester McGill Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Littlefield and Stephens.

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Those not voting were Senators:

Brantley Coverdell Evans

Fincher of 52nd Gillis Holloway (excused)

McKenzie Starr (presiding) Trulock

On the passage of the bill, the yeas were 45, nays 2.

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

SB 244. By Senator Kidd of the 25th:
A bill to amend Code Section 88-115, relating to institutional powers and duties of the Department of Human Resources, so as to provide for the compensation of licensed practical nurses employed in the institutions under the jurisdiction of the department.

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 Pierre Howard, Chairman

Human Resources Committee

FROM:

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

DATE:

February 16, 1981

SUBJECT: Fiscal Note-Senate Bill 244 Compensation of Licensed Practical Nurses

This Bill would increase the compensation paid to licensed practical nurses (LPN's) in institutions under the jurisdiction of the Department of Human Resources (DHR). Licensed practical nurses would be com pensated on a pay grade of not less than 19; senior licensed practical nurses would be compensated on a pay grade of not less than 21. Cur rently, LPN's and senior LPN's are compensated on pay grades 17 and 19, respectively.

Institutions under the jurisdiction of DHR currently have 452 LPN positions and 418 senior LPN positions. Increasing the pay grades of these positions to pay grades 19 and 21, respectively, would result in an

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685

additional cost to the state of approximately $750,000 in the first year. This cost would increase in future years as a result of percentage in creases granted as cost-of- living salary adjustments.

Isl William M. Nixon State Auditor

Is/ 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.

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

Those voting in the affirmative were Senators:

Ballard Barnes Bond Bowen Brannon Broun of 46th Bryant Cobb Coleman Dean

Eldridge Garner Greene Hill Hudgins Kidd Land Littlefield McKenzie

Robinson Scott Stephens Tate Thompson Timmons Trulock Walker Wessels

Those voting in the negative were Senators:

Allgood Barker Bell Brantley Brown of 47th Coverdell Deal English Engram

Evans Fincher of 52nd Fincher of 54th Foster Gillis Horton Howard Kennedy

Lester McGill Reynolds Stumbaugh Summers Sutton Turner Tysinger

Those not voting were Senators:

Holloway (excused)

Hudson

Starr (presiding)

On the passage of the bill, the yeas were 28, nays 25.

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

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Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 244.

SB 291. By Senators Stephens of the 36th, Howard of the 42nd and Hudson of the 35th:
A bill to create the State Board of Examiners of Power Engineers; to pro vide for a short title; to define certain terms; to provide for the appoint ment of members of the board and their terms, qualifications, compensa tion and removal; to provide for meetings and quorums; to provide for a joint-secretary of said board.

Senator Stephens of the 36th moved that SB 291 be postponed until Tuesday, February 24.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 291 was postponed until Tuesday, February 24.

The President resumed the Chair.

SB 295. By Senator Starr of the 44th:
A bill to amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to qualifications of constables; to change the provisions relating to acting as constable after removal from district.

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

On the 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 Bowen
Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Deal Dean Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

Hill Horton Howard Hudgins Hudson Kennedy Kidd
Land Lester Littlefield McGill McKenzie Reynolds

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687

Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons

Trulock Turner Tysinger Walker Wessels

Not voting were Senators Coverdell and Holloway (excused).

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 77. By Senators Robinson of the 27th, Land of the 16th, Foster of the 50th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution of Georgia is hereby amend ed by adding at the end thereof a new Section, to be designated Section XIII, to read as follows:
"SECTION XIII.
Paragraph I. Power Vested in the People. Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, by initiative petition, to enact or reject statutes and amendments to statutes and amendments to the Constitution at the polls provided that any such proposed statute, amendment to a statute or amendment to the Constitution has first been introduced in the General Assembly and the General Assembly has rejected or fail ed to act on such proposed statute, amendment to a statute or amend ment to the Constitution within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the initiative petition process provided for herein. The people, through the initiative petition, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.

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If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting pro visions. After an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provisions shall not be submitted to the people at the next two (2) general elections.
Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. The petition may consist of more than one (1| document, but each document shall have affixed thereto an af fidavit made by one (1) of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.
Any person who signs a name other than his own on a petition, or who knowingly signs his name more than once for the same proposi tion at one election, or who signs a petition knowing that he is not a qualified registered elector shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preceding sentence.
Paragraph II. Initiative Petitions Proposing Amendments to the Constitution. An initiative petition proposing an amendment to the Constitution shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent or more of the number of voters who voted for the candidates for the office of Gover nor in the last preceding gubernatorial election in that Congressional District, but the total number of registered voters signing the initiative petition shall be equal to fifteen (15) percent or more of the total number of voters within the State who voted for the candidates for the office of Governor in the last preceding gubernatorial election. The initiative petition shall state the full text of the constitutional amend ment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: 'BE IT RESOLVED BY THE PEOPLE OF THE STATE OF GEORGIA.' An initiative petition proposing an amendment to the Constitution shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the question contained in the resolu tion proposing the amendment which was introduced into the General Assembly and which is the subject of the initiative.
Such initiative petition proposing an amendment to the Constitu tion shall be filed with the Secretary of State not less than one hun dred and twenty (120) days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The Secretary of

THURSDAY, FEBRUARY 19, 1981

689

State shall immediately proceed to examine each petition filed with him and compute whether or not the proper number of signatures ap pear on the petition. If the petition contains less than the required number of signatures no further action shall be taken on such peti tion. If the petition appears to contain the required number of signatures the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each Congres sional District. If any citizen shall furnish proof satisfactory to the Secretary of State within thirty (30) days following the date on which the Secretary of State certifies the total number of signatures appear ing on the petition that three hundred (300) or more signatures ap pearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such per sons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall examine the signatures ap pearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within thirty (30) days following the receipt of the copy of such peti tion. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insuf ficient number of signatures appear on the petition no further action shall be taken on such petition. If the required number of signatures appear on the petition the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each Congressional District of the State as pro vided by law once each week for three (3) consecutive weeks im mediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution pro posed by initiative petition shall appear on the ballots in the same form as other proposed amendments. The provisions of Article XII, Section I, Paragraph IV of the Constitution, relating to effective dates of amendments to the Constitution, shall be applicable to amend ments proposed by initiative petition. Except for the enacting clause, such proposed amendment to the Constitution shall be identical in wording to a resolution proposing an amendment to the Constitution, or any version thereof, which has been previously introduced into the General Assembly, either as an original resolution or as a committee or floor substitute to a resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Paragraph III. Initiative Petitions Proposing Statutes and Amend ments to Statutes. An initiative petition proposing a statute or an amendment to a statute shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that Congres sional District, but the total number of registered voters within the State signing the initiative petition shall be equal to fifteen (15) per cent or more of the total number of voters who voted for the can didates for the office of Governor in the last preceding gubernatorial

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election. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEORGIA.' No law or Section of the Code shall be amended or repealed by mere reference to its title or to the number of the Section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Except for the enacting clause, such proposed statute or amendment shall be identical in wording to a bill or resolution, or any version thereof, which has been previously introduced into the General Assembly, either as an original bill or resolution or as a com mittee or floor substitute to a bill or resolution, and which was re jected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than one hun dred and twenty (120) days before any regular general election at which the question of approval or disapproval of such statute or amendment to a statute may be voted upon by the voters of the entire State. The Secretary of State shall immediately proceed to examine each petition filed with him and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures no further action shall be taken on such petition. If the petition appears to contain the required number of signatures the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each Congressional District. If any citizen shall furnish proof satisfactory to the Secretary of State within thirty (30) days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that three hundred (300) or more signatures appearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such per sons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall examine the signatures ap pearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within thirty (30) days following the receipt of the copy of such peti tion. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insuf ficient number of signatures appear on the petition no further action shall be taken on such petition. If the required number of signatures appear on the petition the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed statute or amendment to a statute to be published in a newspaper of general circulation in each congressional district of the State as provided by law once each week for three (3) consecutive weeks immediately preceding the date of the election at which such

THURSDAY, FEBRUARY 19, 1981

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proposed statute or amendment to a statute is to be submitted. The Secretary of State, the Attorney General and the Governor shall ex amine each statute and each amendment to a statute proposed by an initiative petition and shall adopt language to appear on the ballot which shall adequately identify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or sug gest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:
'[ ] YES Shall the Act......be enacted by the people and become the [ ] NO law of the State of Georgia?'
All persons desiring to vote in favor of such proposed statute becoming the law of the State shall vote 'Yes' and those persons desir ing to vote against the proposed statute becoming the law of the State shall vote 'No'. It shall be the duty of the Secretary of State to tabulate the results of such election and to declare and certify the results thereof. If a majority of the voters voting on such question at such election votes approval of such proposed statute or amendment to a statute, it shall become law and take effect on the thirtieth (30th) day following the election. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside, or suspended by the legislature within two (2) years from the date it takes effect. If a majority of such voters votes for disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.
Paragraph IV. Provisions of Section Self-executing; Legislative Procedures. The provisions of this Section are self-executing but the legislature may provide by law for procedures to facilitate the opera tion thereof."
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 provide that the people of the State of Georgia shall have the power to
[ ] NO enact or reject, by initiative petition, statutes and amendments to statutes, and amendments to the Constitu tion; to provide procedures and restrictions connected therewith; to provide exceptions; and to provide that the provisions shall be self-executing?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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Senator Robinson of the 27th moved that SR 77 be postponed until February 23.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 77 was postponed until February 23.

SB 63. By Senators Evans of the 37th, Engram of the 34th and Tate of the 38th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to delete certain specifications relating to computing mileage from school.

The Senate Committee on Education offered the following substitute to SB 63:

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), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539), so as to authorize the allotment of funds for the carrying out of certain plans requiring the transportation of pupils; 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), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539|, is hereby amended by adding at the end of Section 25 thereof a new subsection (j) to read as follows:
"(j) The State Board of Education shall have the authority to allot funds for transportation or funds to be used in lieu of the transporta tion of pupils who are engaged in a voluntary desegregation plan or other plan imposed by order of a federal court. The rate may be reim bursed at twice the allotted reimbursement rate per student as earned in the regular transportation program of said local board of education. No provision of this subsection or any other provision of this chapter shall be construed to require a local board of education or the State to furnish a school bus for each student involved in such a plan."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 31, nays 5, 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 Barnes Bell Bond Bowen Brantley Coleman Coverdell Dean Eldridge Engram Evans

Fincher of 54th Foster Garner Greene Howard Hudgins Hudson Kidd Land Lester Littlefield

McKenzie Robinson Scott Starr Stephens Stumbaugh Tate Trulock Turner Tysinger Wessels

Those voting in the negative were Senators:

Ballard Barker Brannon Brown of 47th Bryant Deal

English Fincher of 52nd Gillis Hill Horton Kennedy

Those not voting were Senators:

Broun of 46th Cobb

Holloway (excused) Summers

McGill Reynolds Sutton Thompson Walker
Timmons

On the passage of the bill, the yeas were 34, nays 17.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 221. By Senators Stumbaugh of the 55th, Hudgins of the 15th, Foster of the 50th and others: 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.

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The Senate Committee on Education offered the following substitute to SB 221:

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 to school social workers and to change provisions relative to their qualifications, appointment, and dismissal; to provide for the employment of attendance officers under certain condi tions and to provide for their retirement eligibility; to change provisions relative to certain penalties; to change provisions relative to duties of school social workers; to delete certain qualifications relating to truancy; 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 at tendance 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 provi sions of this Act, the County and Independent School System Boards of Education to be sole judge in all such cases: (a) Children mentally or physically incapacitated to perform school duties, (b) Children ex cused from attendance in school by County and/or Independent School System Boards of Education in accordance with the general policies and regulations promulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into consideration sickness, seasonable labor and other emergencies which may arise in any school community.",
in its entirety.

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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 indepen dent 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 Board of Education shall have authority to employ competent and qualified full-time school social workers, whose duty shall be to pro vide leadership for the enforcement of the compulsory school atten dance 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 indepen dent 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. Under rules and regulations determined by the State Board of Educa tion, the State Department of Education shall have authority to deter mine that where a County or Independent School System does not re quire the services of a full-time school social worker, then such Coun ty or Independent School System Board of Education may dispense with the services of a full-time school social worker and shall have authority in place thereof to employ either a part-time school social worker qualified in accordance with professional requirements prescribed by the State Board of Education, or join with a neighboring County or Independent School System in the joint employment of a school social worker.
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 superintendent; but no school social worker shall be so ap pointed in any school program or other public education agency of the state unless qualified in accordance 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."
Section 4. Said Act is further amended by striking Section 6, which reads as follows:
"Section 6. County or Independent School System Boards of Education may employ attendance officers in lieu of visiting teachers. Such attendance officers must be paid wholly from school funds of the County or Independent School System Boards of Education. Such attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the cer tification of visiting teachers.'',

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in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Any County or Independent School System Board of Education which presently has in its employ an attendance officer may continue to employ such person as an attendance officer until Ju ly 1, 1985; provided, however, any attendance officer so employed must be paid wholly from school funds of the County or Independent School System Board of Education and provided further that after July 1, 1985, no person shall be employed as an attendance officer.''
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 or attendance officers shall (1) cooperate fully with the Departments of Human Resources and Labor and other state agen cies; (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 Department 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 or attendance officer 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 professional public school employee.
Section 8. School social workers employed under the provisions of this Act shall have the same status with respect to teacher retire ment as is provided under the Teachers Retirement System of this state for regular classroom teachers or supervisors whose employ ment requires that they hold valid certificates issued by authority of the State Board of Education. Attendance officers employed in lieu of visiting teachers shall be eligible to participate in the Teachers Retire ment System of the State.
Section 9. (a) School social workers or attendance officers 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 appointed to serve. It shall be the duty of the principals or local school administrators and of the teachers of all schools--public, private, denominational or parochial--to report, in writing, to the school social worker or attendance officer 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 inspec tion by the school social worker or attendance officer at any time dur ing the school day.

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697

(b) Any person violating any provision of this section or of the rules and regulations of the State Board of Education relating to com pulsory school attendance previously published one time in the of ficial education journal of the state shall be deemed guilty of a misde meanor, and upon conviction shall be punished by a fine not to exceed $100.00."
Section 6. Said Act is further amended by striking from Section 10 the following:
"one hundred ($100) dollars" and
"thirty (30)" and
"city" and
1 'Visiting teachers'',
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 and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce 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 writ ten 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 entirety and substituting in lieu thereof a new Section 11 to read as follows:

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"Section 11. School social workers and attendance officers receiv ing referrals of a child not attending school, or with disruptive behavior in the classroom or otherwise 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 responsibilities for reporting suspected cases of child abuse and neglect as well as insur ing 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 truant from school or disrup tive 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 parts of laws in conflict with this Act are hereby repealed.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 221 offered by the Senate Committee on Education by adding on line 13 of Page 1 after the following:
"truancy;",
the following:
"to provide for inspection of records;".
By adding before the period on line 14 of Page 7 the following:
", but only for purposes of verifying the attendance of pupils for the period covered by such reports".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

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

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

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699

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Cobb

Coverdell Holloway (excused)

Summers Timmons

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

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

SB 288. By Senators Reynolds of the 48th, Brown of the 47th and Coleman of the 1st:
A bill to amend Code Section 95A-901, relating to uniform signs, signals, markings, and other traffic-control devices, so as to prohibit the sale of nonuniform signs, signals, markings, and other traffic-control devices; to provide for penalties for such prohibited sales.

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

On the 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 Bowen

Brannon Brantley Brown of 47th

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Bryant Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Horton Howard Hudgins Hudson Kennedy Land Lester Littlefield McGill McKenzie Reynolds

Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Broun of 46th Cobb Coverdell

Hill Holloway (excused) Kidd

Robinson Summers Timmons

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

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

The following general bill of the Senate, having been read the third time on February 10 and postponed until February 12, and postponed on February 16 until February 19, was put upon its passage:

SB 104. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977," as amended, so as to provide that the disclosure of certain con fidential information is unlawful; to provide a penalty.

Senator Howard of the 42nd moved that SB 104 be committed to the Committee on Human Resources.

On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 104 was committed to the Committee on Human Resources.

The following general bill of the Senate, having been read the third time on February 16 and postponed until February 19, was put upon its passage:

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701

SB 31. By Senator Evans of the 37th:
A bill to authorize the governing authorities of counties to grant franchise licenses for the operation of cable television systems within their ter ritorial limits; to provide for fees; to prohibit county franchise licenses and fees within municipalities.

Senator Evans of the 37th moved that SB 31 be postponed until February 23.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 31 was postponed until February 23.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 1:04 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 20, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called 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 Kidd of the 25th moved that the Senate reconsider its action of February 19 in defeating the following bill of the Senate:

SB 244. By Senator Kidd of the 25th:
A bill to amend Code Section 88-115, relating to institutional powers and duties of the Department of Human Resources, so as to provide for the compensation of licensed practical nurses employed in the institutions under the jurisdiction of the department.

On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 244 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 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 and resolutions of the House and Senate:

HB 498. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relating to the compensation of the commissioner.

HB 499. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the judge of the Pro bate Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.

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703

HB 500. By Representative Phillips of the 120th:
A bill to amend an Act providing an annual salary for the sheriff of Wheeler County, so as to change the provisions relating to the compensa tion of the sheriff.

HB 659. By Representative Ralston of the 7th:
A bill to incorporate the Town of Resaca in the County of Gordon and provide a charter therefor.

HB 667. By Representative Triplett of the 128th:
A bill to amend an Act creating a new charter for the municipality of Garden City, so as to authorize the mayor and councilmen to delegate certain functions, powers, and duties to a city administrator; to provide that a city administrator shall be appointed by the mayor to serve at his pleasure.

HB 668. By Representative Ramsey of the 3rd:
A bill to create the Chatsworth-Murray County Water and Sewerage Authority.

HB 669. By Representative Reaves of the 147th:
A bill to repeal "An Act creating a Small Claims Court in certain counties of this State".

HB 670. By Representative Reaves of the 147th: A bill to create and establish a Small Claims Court of Brooks County.

HB 671. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Louisville so as to change the maximum amount of fines which may be levied by the police court of the city.

HB 673. By Representatives Hooks of the 116th and Castleberry of the lllth:
A bill to amend an Act creating and establishing a Small Claims Court in and for Sumter County, so as to change the jurisdiction of the court; to provide for the deposit of costs; to change certain fees.

HB 675. By Representative Adams of the 79th:
A bill to create and establish a Small Claims Court of Upson County; to provide for the initial judge.

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HB 676. By Representative Adams of the 79th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, so as to change the mode of compensation of said office.

HR 260. By Representatives Fuller of the 27th, Buck of the 95th, Logan of the 62nd and others:
A resolution urging officials of the Board of Regents and the Georgia In stitute of Technology to begin construction of additional student housing.

HR 261. By Representatives Coleman of the 118th, Reaves of the 147th, Argo of the 63rd and others:
A resolution commending the State Medical Education Board, the Agricultural Extension Service of the University of Georgia, the Medical College of Georgia, the Joint Board of Family Practice, and the Medical Association of Georgia.

SB 242. By Senators Reynolds of the 48th, Deal of the 49th and Brown of the 47th:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to change provisions relating to the length of certain vehicles, trailers and loads.

HR 213. By Representatives Phillips of the 59th, Martin of the 60th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption to $20,000 and the income limits to $ 10,000 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 65 years of age or over.

HR 215. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues.

SB 27. By Senator Timmons of the 11 th:
A bill to create a Small Claims Court of Miller County; to provide for the initial judge; to provide for the appointment, duties, powers, compensa tion, qualifications, substitution and tenure of office of the judge of Small Claims Court; to prescribe the jurisdiction, the pleading, practice and ser vice of process therein.

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705

SB 218. By Senator Timmons of the llth:
A bill to repeal "An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825 and not more than 6,925, according to the United States Decennial Census of 1960"

HB 248. By Representatives Jones of the 78th, Moore of the 152nd and Hawkins of the 50th:
A bill to amend Code Chapter 32-10, relating to county superintendents of schools so as to change the provisions relating to the qualifications of school superintendents.

HB 309. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to require the Georgia Drugs and Narcotics Agency annually to compile and submit to the General Assembly lists of dangerous drugs and other dangerous or detrimental drugs and devices.

HB 540. By Representatives Rainey of the 135th, Peters of the 2nd and Hays of the 1st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to revise the definition for the term "trapping"; to revise the provi sions pertaining to conservation rangers; to delete the provisions pertain ing to wildlife technicians; to add certain animals to the list of nongame species that can be lawfully taken.

HB 377. By Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others:
A bill to amend Code Chapter 27-18, relating to nolle prosequi, so as to change the provisions under which a nolle prosequi may be entered.

HB 554. By Representative Phillips of the 125th:
A bill to amend an Act known as the "Litter Control Law", so as to repeal the provision on intent; to provide for the adoption of ordinances by municipalities to regulate and control litter.

HB 679. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge.

HB 680. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for certain audit re quirements; to provide requirements as to meetings of the authority.

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HB 681. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, so as to provide for certain audit requirements; to pro vide requirements as to meetings of the authority.

HB 682. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, so as to provide for certain audit requirements; to provide re quirements as to meetings of the authority.

HB 683. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, so as to provide for certain requirements; to provide requirements as to meetings of the authority.

HB 684. By Representatives Phillips of the 59th, Wall of 61st, and Martin of the 60th:
A bill to change certain provisions relating to the Gwinnett Industrial Building Authority, so as to provide authority for certain amendments.

HB 687. By Representative Irvin of the 10th:
A bill to amend an Act creating a Small Claims Court in and for Stephens County, so as to remove the minimum jurisdictional amount; to increase certain fees.

HB 688. By Representative Rainey of the 135th:
A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to create new education districts for election of members of the board.

HB 432. By Representatives Colwell of the 4th, Mullinax of the 69th, Twiggs of the 4th 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 516. By Representative Evans of the 84th, Walker of the 115th and Darden of the 19th:
A bill to amend an Act approved so as to expand the definition of "multilevel distribution companies"; to designate the Secretary of State as the State official to whom notice of activity is to be given.

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707

HR 142. By Representatives Richardson of the 52nd, Childs of the 51st, Workman of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the govern ing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not ex ceed $10, 000.00.

HR 148. By Representatives Padgett of the 86th, Nicholson of the 88th, Dent of the 85th and others:
A resolution creating the City of Augusta-County of Richmond Criminal Advisory Commission.

HB 420. By Representative Pinkston of the 100th:
A bill to amend an Act authorizing the incorporation of a nonprofit Credit Union Deposit Insurance Corporation in this state, so as to provide that the name of the proposed corporation shall contain the words "Deposit Insurance Corporation".

HB 525. By Representatives Williams of the 6th, Mullinax of the 69th, Wood of the 72nd and others:
A bill to amend an Act providing for regulating the employment of children, to clarify the minimum age of employable minors; so as to allow the Commissioner of Labor to designate hazardous machines, proc esses and industries by regulations.
HB 546. By Representatives Walker of the 115th, Culpepper of the 98th and Evans of the 84th:
A bill to amend Code Chapter 46-3, relating to property and persons sub ject to garnishment, so as to provide at what time and to what extent funds or benefits of certain pension, retirement, or employee benefit plans or programs may be subject to the process of garnishment.

HB 455. By Representative Snow of the 1st:
A bill to amend Code Section 22-1201, relating to the right of shareholders to dissent from certain corporate actions, so as to provide a right of dissent from any amendment of the articles of incorporation which would adversely affect such shareholder by imposing, altering, or abolishing any restriction on the transfer of his shares.

HB 84. By Representatives Cox of th 141st, Lord of the 105th, Bargeron of the 83rd and Mann of the 13th:
A bill to amend Code Section 88-3114, relating to liability for emergency care, so as to provide immunity for certain conduct by physicians as medical advisers to ambulance services.

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

SB 29. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and Tysinger of the 41st:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise procedures relative to the provi sion and regulation of utility services; to declare public policy; to define certain terms; to provide for an executive director and a public informa tion officer for the Commission.

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

SB 372. By Senator Barnes of the 33rd:
A bill to amend an Act, comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public work camps, and prisoners, as amended, so as to change the provisions relating to the time allowed for the transfer of prisoners under sentence to places of confinement.
Referred to Committee on Offender Rehabilitation.

SB 373. By Senator Foster of the 50th:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Gilmer County, as amended, so as to change the provisions relating to the compensation of the clerk and the deputy clerk.
Referred to Committee on County and Urban Affairs.

SB 374. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, as amended, so as to change the provisions relating to the sheriff's deputies. Referred to Committee on County and Urban Affairs.

SB 375. By Senators Coleman of the 1st and Wessels of the 2nd:
A bill to amend the several Acts relating to and incorporating the mayor and alderman of the City of Savannah so as to extend the corporate limits of the City of Savannah. Referred to Committee on County and Urban Affairs.

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709

SB 376. By Senators Coleman of the 1st, Bryant of the 3rd and Wessels of the 2nd:
A bill to amend an Act providing for the creation of the "Savannah Tran sit Authority," as amended, so as to provide for appointment of members of the authority and their terms of office.
Referred to Committee on County and Urban Affairs.

SB 377. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a board of commissioners for Cobb Coun ty, Georgia, as amended, so as to change the compensation provisions relating to the chairman and members of the board of commissioners.
Referred to Committee on County and Urban Affairs.

SB 378. By Senators Trulock of the 10th, Starr of the 44th, Dean of the 31st and others:
A bill to amend an Act regulating trappers and fur dealers, as amended, so as to change the provisions relating to unlawful traps. Referred to Committee on Natural Resources and Environmental Quality.

SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provisions relating to the application of said Code Chapter.
Referred to Committee on Banking, Finance and Insurance.

SB 380. By Senator Hudgins of the 15th:
A bill to amend Code Section 57-111, relating to the rate of interest on commercial accounts, so as to change the rate of interest on commercial accounts. Referred to Committee on Banking, Finance and Insurance.

SB 381. By Senator Wessels of the 2nd:
A bill to amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, as amended, so as to make the provisions thereof conform to the definition of "bank holding company" as found in paragraph (3) of subsection (a) of Code Section 13-207.
Referred to Committee on Banking, Finance and Insurance.

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SB 382. By Senator Lester of the 23rd:
A bill to repeal Code Section 56-3005, relating to optional policy provi sions in accident and sickness policies. Referred to Committee on Banking, Finance and Insurance.

SR 93. By Senators Hudgins of the 15th, Littlefield of the 6th, Foster of the 50th and others: A resolution creating the Senate Study Committee on Suspension and Discipline in Schools.
Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 84. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and Mann of the 13th:
A bill to amend Code Section 88-3114, relating to liability for emergency care, so as to provide immunity for certain conduct by physicians as medical advisers to ambulance services.
Referred to Committee on Human Resources.

HB 248. By Representatives Jones of the 78th, Moore of the 152nd and Hawkins of the 50th:
A bill to amend Code Chapter 32-10, relating to county superintendents of schools, so as to change the provisions relating to the qualifications of school superintendents.
Referred to Committee on Education.

HB 309. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to require the Georgia Drugs and Narcotics Agency annually to compile and submit to the General Assembly lists of dangerous drugs and other dangerous or detrimental drugs and devices.
Referred to Committee on Human Resources.

HB 377. By Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others:
A bill to amend Code Chapter 27-18, relating to nolle prosequi, so as to change the provisions under which a nolle prosequi may be entered. Referred to Committee on Special Judiciary.

FRIDAY, FEBRUARY 20, 1981

711

HB 420. By Representative Pinkston of the 100th:
A bill to amend an Act authorizing the incorporation of a nonprofit Credit Union Deposit Insurance Corporation in this state, so as to provide that the name of the proposed corporation shall contain the words "Deposit Insurance Corporation''.
Referred to Committee on Banking, Finance and Insurance.

HB 432. By Representatives Colwell of the 4th, Mullinax of the 69th, Twiggs of the 4th 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 455. By Representative Snow of the 1st:
A bill to amend Code Section 22-1201, relating to the right of shareholders to dissent from certain corporate actions, so as to provide a right of dissent from any amendment of the articles of incorporation which would adversely affect such shareholder by imposing, altering, or abolishing any restriction on the transfer of his shares.
Referred to Committee on Special Judiciary.

HB 516. By Representatives Evans of the 84th, Walker of the 115th and Darden of the 19th:
A bill to amend an Act approved so as to expand the definition of "multilevel distribution companies"; to designate the Secretary of State as the State official to whom notice of activity is to be given.
Referred to Committee on Special Judiciary.

HB 525. By Representatives Williams of the 6th, Mullinax of the 69th, Wood of the 72nd and Mostiler of the 71st:
A bill to amend an Act providing for regulating the employment of children, to clarify the minimum age of employable minors; so as to allow the Commissioner of Labor to designate hazardous machines, proc esses, and industries by regulations.
Referred to Committee on Industry, Labor and Tourism.

HB 540. By Representatives Rainey of the 135th, Peters of the 2nd and Hays of the 1st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to revise the definition for the term "trapping"; to revise the provi sions pertaining to conservation rangers; to delete the provisions pertain ing to wildlife technicians; to add certain animals to the list of nongame species that can be lawfully taken.
Referred to Committee on Natural Resources and Environmental Quality.

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JOURNAL OF THE SENATE

HB 546. By Representatives Walker of the 115th, Culpepper of the 98th and Evans of the 84th:
A bill to amend Code Chapter 46-3, relating to property and persons sub ject to garnishment, so as to provide at what time and to what extent funds or benefits of certain pension, retirement, or employee benefit plans or programs may be subject to the process of garnishment.
Referred to Committee on Special Judiciary.

HB 554. By Representative Phillips of the 125th:
A bill to amend an Act known as the "Litter Control Law", so as to repeal the provision on intent; to provide for the adoption of ordinances by municipalities to regulate and control litter. Referred to Committee on Special Judiciary.

HB 498. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relating to the compensation of the commissioner. Referred to Committee on County and Urban Affairs.

HB 499. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the judge of the Pro bate Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 500. By Representative Phillips of the 120th:
A bill to amend an Act providing an annual salary for the sheriff of Wheeler County, so as to change the provisions relating to the compensa tion of the sheriff. Referred to Committee on County and Urban Affairs.

HB 659. By Representative Ralston of the 7th:
A bill to incorporate the Town of Resaca in the County of Gordon and provide a charter therefor. Referred to Committee on County and Urban Affairs.

HB 667. By Representative Triplett of the 128th:
A bill to amend an Act creating a new charter for the municipality of Garden City, so as to authorize the mayor and councilmen to delegate certain functions, powers, and duties to a city administrator; to provide that a city administrator shall be appointed by the mayor to serve at his pleasure.
Referred to Committee on County and Urban Affairs.

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713

HB 668. By Representative Ramsey of the 3rd:
A bill to create the Chatsworth-Murray County Water and Sewerage Authority. Referred to Committee on County and Urban Affairs.

HB 669. By Representative Reaves of the 147th:
A bill to repeal "An Act creating a Small Claims Court in certain counties in this State". Referred to Committee on County and Urban Affairs.

HB 670. By Representative Reaves of the 147th:
A bill to create and establish a Small Claims Court of Brooks County. Referred to Committee on County and Urban Affairs.

HB 671. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Louisville, so as to change the maximum amount of fines which may be levied by the police court of the city. Referred to Committee on County and Urban Affairs.

HB 673. By Representatives Hooks 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 jurisdiction of the court; to provide for the deposit of costs; to change certain fees. Referred to Committee on County and Urban Affairs.

HB 675. By Representative Adams of the 79th:
A bill to create and establish a Small Claims Court of Upson County; to provide for the initial judge. Referred to Committee on County and Urban Affairs.

HB 676. By Representative Adams of the 79th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, so as to change the mode of compensation of said office. Referred to Committee on County and Urban Affairs.

HB 679. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE

HB 680. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for certain audit re quirements; to provide requirements as to meetings of the authority.
Referred to Committee on County and Urban Affairs.

HB 681. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, so as to provide for certain audit requirements; to pro vide requirements as to meetings of the authority. Referred to Committee on County and Urban Affairs.
HB 682. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, so as to provide for certain audit requirements; to provide re quirements as to meetings of the authority. Referred to Committee on County and Urban Affairs.
HB 683. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, so as to provide for certain audit requirements; to provide re quirements as to meetings of the authority. Referred to Committee on County and Urban Affairs.
HB 684. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to change certain provisions relating to the Gwinnett Industrial Building Authority, so as to provide authority for certain amendments. Referred to Committee on County and Urban Affairs.
HB 687. By Representative Irvin of the 10th:
A bill to amend an Act creating a Small Claims Court in and for Stephens County, so as to remove the minimum jurisdictional amount; to increase certain fees. Referred to Committee on County and Urban Affairs.

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715

HB 688. By Representative Rainey of the 135th:
A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to create new education districts for election of members of the board. Referred to Committee on County and Urban Affairs.

HR 142. By Representatives Richardson of the 52nd, Childs of the 51st, Workman of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the govern ing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not ex ceed $10,000.00.
Referred to Committee on County and Urban Affairs.

HR 148. By Representatives Padgett of the 86th, Nicholson of the 88th, Dent of the 85th and others:
A resolution creating the City of Augusta-County of Richmond Criminal Advisory Commission. Referred to Committee on County and Urban Affairs.

HR 213. By Representatives Phillips of the 59th, Martin of the 60th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption to $20,000.00 and the income limits to $ 10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 65 years of age or over.
Referred to Committee on County and Urban Affairs.

HR 215. By Representatives Colwell and Twiggs of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues.
Referred to Committee on County and Urban Affairs.

HR 260. By Representatives Fuller of the 27th, Buck of the 95th, Logan of the 62nd and others:
A resolution urging officials of the Board of Regents and the Georgia In stitute of Technology to begin construction of additional student housing. Referred to Committee on Higher Education.

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

Mr. President:

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

SB 353. SB 354. SB 355. SB 356. SB 357. SB 358. SB 359. SB 360. SB 361. SB 362. SB 363. SB 366. HB 581. HB 582. HB 594. HB 607. HB 642.

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. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 309. Do pass. SB 320. Do pass.

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717

SB 326. SR 80. HB 16. HB 199. HB 395. HR 61. HR 119.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 87. SB 328. SB 343.

Do pass. Do pass. Do pass.

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

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SR 88. Do pass by substitute.

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

718 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 has instructed me to report the same back to the Senate with the following recommendations:

SB 323. HB 79. HB 201. HB 202.

Do pass. Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

Your Committee on Natural Resources and Environmental Quality has had under consideration the following bills and resolution of the Senate and has in structed me to report the same back to the Senate with the following recommenda tions:

SR 41. SB 234. SB 348.

Do pass. Do pass by substitute. Do pass.

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

Mr. President:

Your Committee on Rules 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 215. Do pass. SR 37. Do pass.

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

FRIDAY, FEBRUARY 20, 1981

719

Mr. President:

Your Committee on Special Judiciary has had under consideration the follow ing 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 225. SB 226. SB 311. SB 324. SB 341. SR 63. HB 139. HB 410.

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

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:

Your Committee on Transportation 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 347. HB 221. SB 369.

Do pass. Do pass by substitute. 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 sec ond time:

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JOURNAL OF THE SENATE

SB 23. By Senators Lester of the 23rd, Gillis of the 20th, Reynolds of the 48th and others:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the powers, duties, and responsibilities of the Georgia State Patrol; to provide for the limits of their jurisdiction; to provide for their powers of arrest and investigation; to provide for their duties on state property.

SB 70. By Senators Stephens of the 36th, Wessels of the 2nd and Gillis of the 20th:
A bill to amend Code Section 26-1704, relating to bad checks, as amend ed, so as to change the penalty provisions relating to the criminal is suance of a bad check.

SB 183. By Senators Wessels of the 2nd, Allgood of the 22nd and Lester of the 23rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for the licensing and regulation of industrial insurance and all related matters.

SB 184. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 66-4, relating to injuries to railroad employees, so as to provide for venue of actions by employees of railroads under the Federal Employers Liability Act; to repeal Code Sec tion 94-1101, relating to venue and process in actions against railroad and electric companies.

SB 192. By Senator Evans of the 37th:
A bill to amend an Act, relating to pensions for firemen and policemen in certain counties, as amended, so as to provide that said Act shall be ap plicable in counties having a population of 550,000 or more according to the 1970 census or any future such census.

SB 193. By Senator Evans of the 37th:
A bill to amend an Act providing for the protection of pension rights in certain counties and cities, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more ac cording to the 1970 census or any future census.

SB 213. By Senator Coverdell of the 40th:
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.

FRIDAY, FEBRUARY 20, 1981

721

SB 222. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 41A-34, relating to business development corporations, as amended, so as to provide that members may voluntari ly make loans to a business development corporation that are not subject to the restrictions specified for loans which they are obligated to make and to modify certain of such restrictions.

SB 229. By Senator Lester of the 23rd: A bill to amend an Act known as the "Disposition of Unclaimed Property Act," as amended, so as to delete the report of abandoned property by banking or financial organizations.
SB 239. By Senator Reynolds of the 48th:
A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act," so as to clarify the provisions relating to exemp tions from motor vehicle safety inspections.

SB 258. By Senator Coverdell of the 40th:
A bill to amend an Act providing for the disposition of certain accusa tions in the criminal court of certain counties, as amended, so as to pro vide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

SB 259. By Senator Coverdell of the 40th:
A bill to amend an Act, as amended, pertaining to recording of plats in certain counties, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

SB 260. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-1714(a), relative to the office locations of probate courts in all counties having a population of 600,000 or more ac cording to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

SB 261. By Senator Coverdell of the 40th:
A bill to amend Code Section 53-201(a), relative to issuance of marriage licenses in all counties having a population of 600,000 or more according to the 1970 United States decennial census or any future such census, so as to change the provisions relative to population; to provide an effective date.

722

JOURNAL OF THE SENATE

SB 262. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries in counties of this state having a population of 600,000 or more ac cording to the United States decennial census of 1970 or any future such census, so as to provide that Code Chapter 59-6A shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; to provide an effective date.

SB 263. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a program of legal services in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

SB 264. By Senator Coverdell of the 40th:
A bill to amend an Act pertaining to the qualifications of members of the civil service board in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

SB 265. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2727B, relating to the costs for services rendered by the clerk of the superior court in civil cases in all counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

SB 266. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the sale of alcoholic beverages during certain hours in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; to provide an effective date.

SB 267. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1022, relating to taxes payable to coun ties in which returns are made, as amended, so as to change the popula tion classification of the provisions of said Code section relating to coun ties having a population of 600,000 or more according to the census.

SB 268. By Senator Coverdell of the 40th:
A bill to amend Code Section 34-1406.1, relative to absentee voting in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any such future census, so as to change the provisions relative to population.

FRIDAY, FEBRUARY 20, 1981

723

SB 269. By Senator Coverdell of the 40th:
A bill to amend Code Section 34-1501(b), relative to office hours of elec tion superintendents in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

SB 270. By Senator Coverdell of the 40th:
A bill to amend Code Section 34A-111, authorizing counties having a population in excess of 600,000 according to the 1970 United States decennial census or any future such census to conduct elections for municipalities lying wholly or partially within such counties, so as to change the provisions relative to population.

SB 271. By Senator Coverdell of the 40th:
A bill to amend an Act prohibiting the transport of waste across state and county boundaries, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future census.

SB 272. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing Zoning and Building Inspectors to issue citations in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
SB 273. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1450, relating to the payment of taxes in counties of this state having a population of 600,000 or more according to the census, as amended, so as to change the provisions relative to population.

SB 274. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a joint city-county tax board in cer tain counties, as amended, so as to provide that said Act shall be ap plicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

SB 275. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a budget commission in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

724

JOURNAL OF THE SENATE

SB 276. By Senator Coverdell of the 40th:
A bill to amend Code Section 91-804A, relating to the sale or disposition of county property in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population.

SB 277. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the sale of alcoholic beverages during certain hours on Sundays in certain counties, as amended, so as to pro vide that said Act shall be applicable in counties having a population of 550,000 or more, according to the 1970 census, or any future such cen-

SB 278. By Senator Coverdell of the 40th:
A bill to amend Code Section 5A-507, pertaining to exceptions to the pro hibition against sale of alcoholic beverages on Sundays and election days, so as to change certain population classifications contained therein.
SB 279. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2727A, relating to costs of the clerk of the superior court in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to population.
SB 280. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the ordinary (now probate judge) of certain counties to administer certain oaths, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
SB 287. By Senators Lester of the 23rd, Turner of the 8th and Gillis of the 20th:
A bill to amend Code Chapter 91A-45, relating to sales and use taxation, so as to specify a bracket system for the collection of state and local sales and use taxes.
SB 310. By Senator Thompson of the 32nd:
A bill to repeal Code Chapter 35-9, relating to the Confederate Soldiers' Home of Georgia, as amended, to repeal an Act providing for the admis sion and maintenance of widows of Confederate Veterans at the Con federate Soldiers' Home of Georgia; to repeal Section 2302 of the "Ex ecutive Reorganization Act of 1972"; to repeal Code Chapter 78-2, relating to pensions for ex-confederate soldiers and sailors and dependents.

FRIDAY, FEBRUARY 20, 1981

725

SB 332. By Senator Coverdell of the 40th:
A bill to amend an Act providing for the sale of alcoholic beverages in certain counties of this state having a population of not less than 400,000 and not more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.

SB 333. By Senator Coverdell of the 40th:
A bill to amend Code Section 59-601B, relating to investigative grand juries of counties of this state having a population of not less than 400,000 or more than 600,000 according to the United States census of 1970 or any future such census, as amended, so as to change the provi sions relative to population.

SB 334. By Senator Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the solicitor of the state court of counties having a population of not less than 300,000 or more than 600,000 according to the United States Census of 1970 or any future such census, so as to change the provisions relative to population.

SB 335. By Senator Coverdell of the 40th:
A bill to amend Code Section 34A-501, pertaining to the use by municipalities of county voters' registration list in counties having a population of not less than 400,000 and not more than 600,000 according to the 1970 census or any future such census, as amended, so as to change the provisions relative to population.

SB 336. By Senator Coverdell of the 40th:
A bill to amend an Act, as amended, providing for a board of registration and elections in certain counties having a population of not less than 350,000 and not more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.

SB 337. By Senator Coverdell of the 40th:
A bill to amend an Act prohibiting municipalities in certain counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States census of 1970 or any future such census, from rezoning annexed land, so as to change the provisions relative to population.

726

JOURNAL OF THE SENATE

SB 338. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2714.1, requiring clerks of superior courts to notify purchaser of property of possible homestead exemption in any county having a population of not less than 300,000 nor more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.

SB 339. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1022, relating to payment of taxes in all counties having a population of not less than 350,000 and not more than 600,000 according to the census, as amended, so as to change the provisions relating to population.

SB 340. By Senator Coverdell of the 40th:
A bill to amend Code Section 113-1301, relating to the appointment of county administrators in all counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States census of 1970 or any future such census, as amended, so as to change the provisions relative to population.

SB 345. By Senator Kidd of the 25th:
A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Milledgeville Public Facilities Authority; to authorize the authority to acquire, construct, equip, main tain, and operate self-liquidating projects, including buildings and facilities for use by the City of Milledgeville.

SB 350. By Senator Kidd of the 25th:
A bill to amend an Act creating the Small Claims Court of Hancock Coun ty, as amended, so as to change the provisions relating to costs in garnish ment cases.

SB 351. 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.

SR 11. By Senators Lester of the 23rd, Turner of the 8th, Holloway of the 12th and others:
A resolution proposing an amendment to the Constitution so as to pro hibit the levying and collection of ad valorem taxes on intangible per sonal property; to provide for the submission of this amendment for ratification or rejection.

FRIDAY, FEBRUARY 20, 1981

727

HB 149. By Representatives Childs of the 51st, Workman of the 56th, Widener of the 44th and others:
A bill to amend Code Chapter 59-1, relating to juries in general, so as to provide alternative procedures for exemption of certain persons from jury duty in counties which use electronic or mechanical means for the selection of jurors.

HB 152. By Representatives Irvin of the 10th, Reaves of the 147th, Ralston of the 7th and others:
A bill to regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds.

HB 179. By Representatives Coleman of the 118th, Hanner of the 130th, Collins of the 144th and Veazey of the 146th:
A bill to amend an Act providing 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 change the definition of the term "law enforcement officer".

HB 203. By Representatives Thompson and Wilson of the 19th, Harris of the 8th and others:
A bill to provide for domestic violence shelters for the purpose of tem porarily caring for persons who are subject to domestic violence.

HB 251. By Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21st and others:
A bill to amend an Act known as the "Stone Mountain Memorial Associa tion Act", so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine, and distilled spirits at the facilities of the association located within Stone Mountain Park by the package and for consumption on the premises.

HB 470. By Representative Adams of the 79th:
A bill to repeal "An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States Census of 1960 or any future such census''.

HB 491. By Representative Chambless of the 131st:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions respecting meetings of the Authority.

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JOURNAL OF THE SENATE

HB 492. By Representative Chambless of the 131st:
A bill to amend an Act creating the Albany Dougherty Payroll Develop ment Authority, so as to authorize the Authority to issue revenue bonds with such rates of interest as are authorized by the board of directors of the Authority.

HB 493. By Representative Wall of the 61st:
A bill to amend an Act establishing the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial; to provide that the procedure for a demand for trial in the State Court of Gwinnett County shall conform to the general laws of the state.

HB 539. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to change the compensation of said commissioner.

HB 566. By Representatives Hasty and Harris of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.

HB 567. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of said commissioner; to pro vide for the purchase of an automobile.

HB 568. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an an nual salary, so as to change the compensation of the sheriff.

HB 569. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court of Dawson County and the Judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge.

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 248. By Senator Kidd of the 25th:
A bill to provide that in all counties of this state having a population of not less than 33,527 and not more than 34,513 according to the United States census of 1970 or any future such census and in all municipalities in such counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages, and wines is lawfully authorized, such sales for con sumption on the premises shall be authorized during certain hours.

FRIDAY, FEBRUARY 20, 1981

729

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

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

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

SB 304. By Senator Ballard of the 45th:
A bill to amend an Act known as the "Development Authorities Law," as amended, so as to provide for the board of directors in certain counties; to provide for the repeal of certain provisions.

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

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

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

SB 330. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act so as to provide that the Glynn County board of education shall elect a county school superintendent and provide for his term and powers.

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

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

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

SB 331. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to define the word "project" to include certain hotel and motel facilities; to grant the authority the powers granted to other authorities by the "Development Authorities Law".

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

730

JOURNAL OF THE SENATE

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

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

HB 151. By Representative Bray of the 70th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Meriwether County.

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

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

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

HB 447. By Representatives Moore'and Smith of the 152nd:
A bill to amend an Act creating the charter for the City of Douglas, so as to change the provisions relating to the levy and collection of ad valorem taxes.

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

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

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

HB 448. By Representatives Moore and Smith of the 152nd:
A bill to provide a new charter for the City of Broxton, Georgia, in the County of Coffee; to provide for incorporation, powers, and boundaries of said city.

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

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

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

FRIDAY, FEBRUARY 20, 1981

731

HB 450. By Representative Bray of the 70th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.

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

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

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

HB 452. By Representative Castleberry of the 111th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to remove certain restrictions upon the amount of compensation which may be paid to the clerk of said Board.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

The bill, having received the requisite constitutional majority, was passed.
HB 494. By Representative Wall of the 61 st: A bill to amend an Act creating the Recorder's Court of Gwinnett Coun ty, so as to change the length of the term of the judge of the recorder's court; to provide for employment of a solicitor of that court.

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

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

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

HB 497. By Representative Mostiler of the 71st:
A bill to amend an Act creating a new charter for the City of Griffin, so as to provide for the election of the chairman of the board of commis sioners.

732

JOURNAL OF THE SENATE

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

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

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

HB 508. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries, elections, and registration of electors.

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

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

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

HB 517. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the office of tax commissioner of Jeffer son County, so as to change provisions relating to the personnel of the tax commissioner's office.

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

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

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

HB 518. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the sheriff of Jefferson County on an an nual salary, so as to change provisions relating to the personnel employed by the sheriff.

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

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

FRIDAY, FEBRUARY 20, 1981

733

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

HB 519. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act placing the Clerk of the Superior Court of Jeffer son County on an annual salary, so as to change provisions relative to personnel of the clerk's office.

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

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

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

HB 520. By Representatives Mostiler of the 71st, Fortune of the 71st, Johnson of the 72nd and others:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to transfer the powers and duties of the board of registrars in such counties to the board of elections.

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

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

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

HB 523. By Representatives Kilgore of the 65th and Johnson and Thomas of the 66th:
A bill to repeal an Act entitled "An Act to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census".

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

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

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

734

JOURNAL OF THE SENATE

HB 538. 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 extend and increase the corporate limits of the City of LaGrange.

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

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

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

HB 543. By Representative Rainey of the 135th:
A bill to amend an Act consolidating the offices of tax receiver of Dooly County, so as to change the compensation provisions relating to the tax commissioner.

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

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

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

HB 544. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Dooly, so as to create new road districts for the election of commissioners.

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

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

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

HB 552. By Representative Martin of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the terms and election time of certain council members.

FRIDAY, FEBRUARY 20, 1981

735

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

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

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

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

Allgood Barker
Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal
Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land
Lester Littlefield McGill

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

Those not answering were Senators:

Ballard Coverdell

Garner Holloway

Howard

Senator Allgood of the 22nd asked unanimous consent that Senator Holloway of the 12th be excused from all roll calls on the ninth through twentieth legislative days while he was recuperating from major surgery.

The consent was granted, and Senator Holloway of the 12th was excused from all roll calls on January 20, 21, 22, 23, February 9, 10, 11, 12, 16, 17, 18 and 19.

Senator Tate of the 38th introduced the chaplain of the day, Reverend L. W. Jay, pastor of Butler Street C.M.E. Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolution of the House was read and adopted:

736

JOURNAL OF THE SENATE

HR 261. By Representatives Coleman of the 118th, Rowland of the 119th, Reaves of the 147th and others: A resolution commending the State Medical Education Board, the Agricultural Extension Service of the University of Georgia, the Medical College of Georgia, the Joint Board of Family Practice, and the Medical Association of Georgia.
SENATE RULES CALENDAR
Friday, February 20, 1981
TWENTY-FIRST LEGISLATIVE DAY

HB 162. Appropriations for Fiscal Year 1980-81--change (SUBSTITUTE) (App--46th)
SR 60. Mercer University School of Medicine--reaffirming commitment of General Assembly (App--20th)
HR 60. Federal Fiscal Note and Grant Consolidation Legislation--relative to (App--44th)
SB 296. Juvenile Court Code--redefine "unruly child" (S Judy--44th)
SB 247. Development Authority Law--local communities stimulating economic growth (SUBSTITUTE) (IL&Tou-15th)
SR 79. Senate Health and Medical Education Study Committee--create (Hum R--20th)
SB 316. Municipalities---reapportionment of council or commissio'n districts (C&UA-G-33rd)
HR 45. Joint Local Mental Health and Retardation Governance Study Committee--create (Hum R--35th)
HB 129. Vehicle Odometer--device to change reading unlawful to sell (AMENDMENT) (IL&Tou-28th)
SR 54. Zoning for Handicapped-relative to (SUBSTITUTE) (C&UA-G-31st)
SB 257. Relocation Assistance and Land Acquisition--costs of public works projects (C&UA-G--40th)
SB 118. Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders-create (SUBSTITUTES) (AMENDMENT) (Pub Saf-28th)
SB 56. State Departments--employ certain employees involved in reduction force (SUBSTITUTE) (Gov Op-25th)
SB 57. State Employees Workers' Compensation--supplemental compensation (SUBSTITUTE) (GovOp-25th)
Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

FRIDAY, FEBRUARY 20, 1981

737

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 211. By Representatives Thomas and Johnson of the 66th, Sizemore of the 136th and others:
A bill to amend the "Adequate Program for Education in Georgia Act", so as to provide that teachers and other professional personnel holding lifetime certificates may, when additional training qualifies them for another classification of certification, obtain a lifetime certificate in such category.

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

Senator Broun of the 46th assumed the Chair at the direction of the President.

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.
Senate Sponsor: Senator Holloway of the 12th.
The Senate Committee on Appropriations offered the following substitute to HB 162:

A BILL
To be entitled an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act," approved April 9, 1980 (Ga. Laws 1980, p. 1799), so as to change certain appropriations for the fiscal year 1980-81; 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 1980-81, known as the "General Appropriations Act," approved April 9, 1980 (Ga. Laws 1980, p. 1799), is hereby amended by striking Federal

738

JOURNAL OF THE SENATE

Revenue Sharing Funds of $50,800,000 for fiscal year 1981 in the first paragraph following the enacting clause and substituting in lieu thereof a new Federal Revenue Sharing figure of $26,100,000 for fiscal 1981 and by striking the revenue estimate figure of $2,944,157,270 for fiscal year 1981 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $3,050,000,000 for fiscal year 1981, and by striking the following:
"PARTI.
LEGISLATIVE BRANCH"

and Sections 1 through 65, 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 ...................$

13,550,000 13,550,000 13,550,000 13,550,000

Budget Unit Object Classes: Operations ............................$ 13,550,000

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 Represen tatives; for membership in the National Conference of Commissioners on Uniform State Laws; for member ship in the Council of State Governments, the National Conference of State Legislatures and the National Con
ference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Ser vices Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, fur nishing 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 Revision; for

FRIDAY, FEBRUARY 20, 1981

739

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 Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expend ed without prior approval of the Committee. The Com mittee 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 ap propriations.

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

4,464,009 4,114,009 4,114,009 4,114,009
350,000 350,000 350,000
4,114,009 350,000 28 147
1,957,531

740

JOURNAL OF THE SENATE

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increas ed by the amount of $12,000 per annum for each addi tional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

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. ............$ 14,750,732
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 ses sion of the General Assembly.
Provided, that of the above appropriation relating to Superior Courts, $371,016 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $67,360 is designated and committed for the Sentence Review Panel.

FRIDAY, FEBRUARY 20, 1981

741

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 Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of the Courts and Judicial Administrative Districts.
Budget Unit: Administrative Office of the Courts and Judicial Administrative Districts ............................$
Administrative Office of the Courts ..............................$
Institute for Continuing Judicial Education ...........................$
Judicial Administrative Districts ...........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

411
2,240,413
58
1,025,100 484,734 120,000 420,366
1,025,100 1,025,100
43

For the cost of operating the Administrative Office of the Courts; for the cost of operating the Institute for Continuing Judicial Education; and for the cost of operating the Judicial Administrative Districts.

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.
Total Positions Budgeted
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission .........................$

175,000 0
56,000

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JOURNAL OF THE SENATE

For the cost of operating the Judicial Qualifications Commission.
Total Positions Budgeted Section 9. Board of Court Reporting.
Budget Unit: ..........................$ For the cost of operating the Board of Court Reporting.
Total Positions Budgeted Section 10. Council of Juvenile Court Judges.
Budget Unit: ..........................$ For the cost of operating the Council of Juvenile Court Judges.
Total Positions Budgeted Section 11. Georgia Justice Courts Training Coun cil.
Budget Unit: ..........................$ For the cost of operating the Georgia Justice Courts Training Council.
Total Positions Budgeted Section 12. Georgia Indigent Defense Council.
Budget Unit: ..........................$ Central Operations .....................$ Grants ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ For the cost of operating the Georgia Indigent Defense Council. Total Positions Budgeted

0 12,293
1 89,103
3
11,000
0 343,805 25,000 318,805 250,000 343,805
5

FRIDAY, FEBRUARY 20, 1981

743

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................$ 45,483,086

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

181,650 13,500 4,084 --0-- 750 700 --0-- 12,516 3,810 20,000
237,010 237,010
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 Floyd Buildings Operations ..................$ Direct Payments to Georgia Building Authority for Authority Lease Rentals .....$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

878,812 33,510 6,135 --0-- 6,500 1,875 --0-- 45,433 17,150 --0--
17,115,000
--0--
200,000
850,000 19,154,415 19,154,415
39

744

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

1,077,678 61,275 25,993 --0-- 18,700 7,900
4,817,000 54,340 25,190 --0--
3,500,000 --0--
1,900,000 875,860
12,363,936 9,965,402
49

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

213,268 135,115
500 --0-- 4,500 1,000 --0-- 56,343 5,070 1,000 5,120,000 5,536,796 --0--
15

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

1,026,533 101,154 7,112 --0-- 25,000 1,150 205,100 56,922 31,830 -- 0--
1,454,801 1,454,801
52

FRIDAY, FEBRUARY 20, 1981

745

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

200,800 95,305 818 --0-- 100 250 --0-- 5,254 1,900 --0--
304,427 142,909
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

855,310 281,494
23,915 --0--
10,500 2,250 29,400 28,383 16,470 14,790 22,000 1,284,512 418,549
56

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

13,130,928
1,176,947 33,610 --0--
215,500 267,392 190,000 10,069,885 1,025,978 249,000 2,243,396 1,138,904 29,741,540 9,110,000
672

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JOURNAL OF THE SENATE

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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

390,018 1,069,170
918 150,800
825 1,020 8,800
720 5,512 --0-- 1,627,783 --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

1,937,351 341,742 9,401 14,200 47,380 31,200 72,682 63,411 460 10,000
20,248,679 22,776,506
5,000,000 106

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 ....................$ Materials for Resale .....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,232,138 1,438,821
3,361 --0--
200 19,800 5,692 131,930 11,750 50,000
--0-- 2,893,692
--0-- 76

Budget Unit Object Classes:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

21,124,486 4,748,033 115,847 165,000

FRIDAY, FEBRUARY 20, 1981

747

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 ...............$ Direct Payments to Georgia Building
Authority for Capital Outlay. ............$ Direct Payments to Georgia Building
Authority for Authority Lease Rentals .....$ Direct Payments to Georgia Building
Authority for Twin Towers Operations ....................$ State Liability Self-Insurance Reserve .......$ Telephone Billings ......................$ Materials for Resale .....................$ Public Safety Officers Indemnity Fund ......$ Unemployment Compensation Reserve .....$ Total Positions Budgeted Authorized Motor Vehicles

329,955 334,537 5,328,674 1,481,230 368,142 1,184,694 10,069,885 22,000 3,500,000 2,243,396
--0--
17,115,000
850,000
200,000 --0--
20,248,679 5,170,000 875,860 1,900,000 1,113 275

It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possi ble in connection with Workers' Compensation and Unemployment 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 in come 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. ................................$

304,427 29,741,540
1,627,783 22,776,506
2,893,692 5,536,796 62,880,744

except to provide general salary increases authorized for all State employees, or unless there is a correspon ding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides ser-

748

JOURNAL OF THE SENATE

Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual financial 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

7,349,000 2,086,000
3,200 21,000 12,000 65,000
--0-- --0-- 35,900 80,000 17,215,000 1,203,371 3,620,000 --0-- 31,690,471 --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

7,349,000 2,086,000
3,200 21,000 12,000 65,000
--0-- --0-- 35,900 80,000 17,215,000 1,203,371 3,620,000 --0--
419 39

FRIDAY, FEBRUARY 20, 1981

749

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

Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Train ing Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcom mittees 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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

21,218,493
2,930,902 362,565 127,273 35,800 23,000 74,775 --0-- 1,980 31,422 400
3,588,117 3,423,117
177

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

974,556 108,514 32,911 23,200
8,950 4,575 --0-- --0-- 37,900 75,000 368,836 659,023
787,000 525,000
240,000

750

JOURNAL OF THE SENATE

Contract with University of Georgia to Study Avian Disease .................$
Indemnities ...........................$ Capital Outlay .........................$ 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 ....................$ Advertising ...........................$ Per Diem, Fees and Contracts .............$ Major Repairs and Maintenance
Projects at 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. .....................$

285,938 75,000 150,000
4,356,403 4,031,407
55
738,125 117,164 39,834
11,600 9,000 2,925 --0-- --0-- 33,306 30,750 55,000 1,037,704 1,037,704
40
1,647,629 680,335 16,212 15,000 7,750 15,325 --0-- --0-- 26,516 35,000 17,250
750,000 3,211,017
911,017 116
1,769,592 116,441 179,137 40,900 1,800 3,825 --0-- 3,600

FRIDAY, FEBRUARY 20, 1981

751

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

16,850 --0--
2,132,145 2,132,145
115
1,036,235 118,012 26,749 --0-- 12,000 4,441 325,311 512,296 32,154 140,000
2,207,198 2,176,008
54
130,334 10,325 1,158 --0--
308,000 1,000 --0-- --0-- 5,500 --0--
362,400 818,717 818,717
9
1,106,967 203,162 97,269 96,600 5,500 78,750 --0-- --0-- 13,410 --0--
1,601,658 1,599,158
73

752

JOURNAL OF THE SENATE

9. Consumer 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
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 ...................$

553,156 74,660 12,738 11,600 4,200 1,725 --0-- --0-- 16,038 1,500
675,617 675,617
30
2,586,288 116,082 138,760 52,200 7,000 4,984 --0-- 5,520 25,689 --0--
2,936,523 2,330,908
140
2,334,310 72,040 193,208 40,600 2,600 1,000 --0-- --0-- 17,927 90,000
2,751,685 1,140,830
131
60,000 5,000
30,000 --0-- 5,000 --0--

FRIDAY, FEBRUARY 20, 1981

753

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

--0-- -- 0-- -- 0-- --0-- 600,000 700,000 700,000
0

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations. .......................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

241,865 241,865 241,865
0

14. Seed Technology and Development:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

154,007 3,100 --0-- --0-- 200 --0-- --0-- --0-- --0-- --0--
157,307 --0-- 8

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ....... ......$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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 ........................$

16,022,101 1,987,400 895,249 327,500 395,000 193,325 325,311 523,396 256,712 354,900 362,400 600,000 368,836 659,023
787,000 525,000

754

JOURNAL OF THE SENATE

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. .......$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.
Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expen diture shall be made without prior approval of the Georgia Building Authority (Markets).
B. Budget Unit: Georgia Agrirama Development Authority .........................$
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 .......$

240,000 285,938
75,000 90,000 241,865 750,000 150,000
948 247
--0--
424,281 105,453
13,329 --0--
19,475 9,175 --0-- --0-- 4,600 65,566 144,850 75,010 8,600 870,339 -- 0--
29
424,281 105,453
13,329 --0--

FRIDAY, FEBRUARY 20, 1981

755

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 providing a retirement plan for its employees.

19,475 9,175 --0-- --0-- 4,600 65,566 144,850 8,600 75,010
29 5

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ..............,............$
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

2,659,007
2,108,049 107,225 261,643 52,220 16,981 5,727 16,266 59,836 21,560 17,000
2,666,507 2,659,007
95
2,108,049 107,225 261,643 52,220 16,981 5,727 16,266 59,836 21,560 17,000 95 21

756

JOURNAL OF THE SENATE

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs .....................$
1. Executive:
Personal Services .......................$ 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 .................$ Payments to Georgia Residential
Finance Authority. ....................$ Local Assistant Grants ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Administration:
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 .............$ Telecommunications ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. 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

3,679,853
155,740 8,216 9,746 --0-- 2,600 --0-- --0-- --0-- 5,700 7,000
50,000
60,000 185,000 484,002 456,952
6
248,694 27,018 1,500 --0-- 4,350 700 --0-- 48,419 300 2,300 333,281 268,029 11
507,500 20,260 34,419 --0-- 10,600 1,560 2,800 29,340 18,071 23,580
648,130 538,910
22

FRIDAY, FEBRUARY 20, 1981

757

4. 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. ...............$ Appalachian Regional Commission
Assessment ..........................$ Coastal Plains Regional Commission
Assessment ..........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Community Betterment:
Personal Services .......................$ 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

865,273 24,397 47,904 --0-- 7,863 300 4,340 15,781 19,100 7,460
1,350,000 720,362
166,274
53,750 3,282,804 2,102,983
38
210,764 14,067 15,814 --0-- 7,737 --0-- --0-- 17,188 11,943 13,620
291,133 281,133
11

6. 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 ...................$ Total Positions Budgeted

9,989 1,374 1,846 --0--
250 --0-- --0--
893 375 1,000 15,727 7,864

758

JOURNAL OF THE SENATE

7. Financial Management and Audits Budget:
Personal Services .......................$ 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

32,548 5,744 3,000 --0-- 2,000 --0-- --0-- 2,233 938 1,500
47,963 23,982
5

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .... ... $ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Felony Expenses .................$ Grants to Area Planning and
Development Commissions .............$ HUD 701 Planning Grants. ...............$ Local Assistance Grants. .................$ Appalachian Regional Commission
Assessment ..........................$ Coastal Plains Regional Commission
Assessment ..........................$ Payments to Georgia Residential
Finance Authority. ....................$ Total Positions Budgeted Authorized Motor Vehicles

2,030,508 101,076 114,229 --0-- 35,400 2,560 7,140 113,854 58,427 54,460 50,000
1,350,000 720,362 185,000
166,274
53,750
60,000 96 4

Provided that of the above appropriations $10,000 is designated and committed for The Multi State Transportation Board.

B. Budget Unit: State Crime Commission .........................$
1. State Crime Commission Planning and Grant Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

275,439
559,007 16,027 14,946

FRIDAY, FEBRUARY 20, 1981

759

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. 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
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
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

--0-- 7,000 --0-- --0-- 32,966 12,488 90,743 733,177 237,105
21
--0-- 1,500,000 4,550,000 1,950,000
352,778 8,352,778
2,778 0
80,879 1,246 1,154 --0-- --0-- --0-- --0-- 2,620 1,125 5,000
92,024 35,556
1
639,886 17,273 16,100 --0-- 7,000 --0-- --0-- 35,586 13,613 95,743
4,550,000 1,950,000
352,778 1,500,000
-- 0-- 22 0

760

JOURNAL OF THE SENATE

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 Commis sion is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcom mittees.
C. 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
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. . . . .$

--0--
905,970 109,480 67,300 56,250 28,000 23,750
11,000 87,959 45,700 180,671 7,671,000 275,000 9,462,080
--0-- 53 23
905,970 109,480 67,300 56,250 28,000 23,750
11,000 87,959 45,700 180,671 7,671,000 275,000
53 23
4,561,919

FRIDAY, FEBRUARY 20, 1981

751

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

419,101 65,108 4,839 --0-- 7,200 800 11,000 --0-- 13,203 --0--
521,251 509,254
21
820,165 32,425 5,377 --0-- 34,050 3,200 78,700 20,195 25,000 5,000
--0-- 1,024,112 1,024,112
45

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

303,081 19,693 15,592 --0-- 5,000 --0-- --0-- --0-- 4,780 --0--
348,146 348,146
14
739,179 39,409 18,705

762

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
5. Fire Safety and Mobile Home Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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
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. ................$

-- 0-- 3,400 1,876 --0-- 21,753 20,000 --0-- 844,322 844,322
44
1,839,302 89,187 126,465 --0-- 16,500 5,341 6,616 36,844 25,630 18,000
2,163,885 1,836,085
103
4,120,828 245,822 170,978 --0-- 66,150 11,217 96,316 78,792 88,613
--0-- 23,000
227 57
2,299,802
727,098 71,530 3,000 9,000 18,700

FRIDAY, FEBRUARY 20, 1981
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 .............$ 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 .......$

763
300 --0-- --0-- 21,000 18,500
-018,000 40,000
--0-- 927,128 906,856
36
681,853 83,229 16,500 --0-- 4,365 --0-- --0-- --0-- 24,000 15,000
824,947 441,226
32
99,190 103,925
2,400 --0-- --0-- 9,000 --0-- --0-- --0-- 2,500 300,000 113,900 630,915 630,915
5
199,768 8,897 14,750 --0--

764

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

2,500 1,300 --0-- 4,560 3,050 --0-- 234,825 10,537
10

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

1,693,479 1,336,515
2,025 --0-- --0-- --0-- --0-- --0-- 2,100 --0-- 3,034,119 310,268
116

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

3,401,388 1,604,096
38,675 9,000
25,565 10,600
--0-- 4,560 50,150 36,000
--0-- 300,000
18,000 40,000 113,900
199 20

Section 19. State Board of EducationDepartment of Education.
A. Budget Unit: Department of Education. ..........................$ 1,164,306,267
1. Instructional Services Budget:
Personal Services .......................$ 2,638,010 Regular Operating Expenses ..............$ 136,981

FRIDAY, FEBRUARY 20, 1981

755

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
2. Governor's Honors Program Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Vocational Education Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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 ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$

223,022 --0--
134,734 9,548
135,923 87,169 335,056
7,680 3,708,123 1,702,136
122
252,900 34,511 3,063 --0-- 1,600 1,000 2,877 4,550
329,505 630,006 629,935
2
2,612,694 209,641 226,493 --0-- 82,672 15,740 128,079 77,171
2,060,363 8,684
5,421,537 1,842,940
115
3,070,141 2,185,791
69,334 1,183
174,372 31,417 12,228 69,783 190,714 310,667

766

JOURNAL OF THE SENATE

Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Public Library Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ 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. ................I Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ 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 ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 6,115,630 5,017,347
180
796,450 339,011
19,773 12,100 18,286 122,981 34,684 92,690 8,400 1,444,375 784,398
52
947,202 84,513 46,798 7,000 26,850 13,700 85,989 52,203
204,198 1,468,453 1,119,643
40
4,301,902 218,584 356,435 --0-- 192,083 43,883 781,528 254,848 107,248 132,969 7,575
6,397,055 130,000
3,924,006 220

FRIDAY, FEBRUARY 20, 1981

767

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

464,255 22,331 1,727 --0-- 8,167 2,305 --0-- 30,480 12,600 22,100
563,965 537,372
31

9. Planning and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,014,663 96,217 134,255 --0-- 109,116 3,385 101,519 55,614
1,076,481 3,591,250 2,606,285
88

10. Professional Standards Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

45,443 6,371 1,200 5,000 300 4,284 2,121
67,000 131,719 131,719
2

11. Local Programs Budget:
APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10|a) (2)) .... $ 480,730,263 Salaries of Instructional Personnel (Sec. 5). . $ 79,027,716 Salaries of Instructional Personnel (Sec. 7). . $ 17,654,471 Salaries of Student Supportive Personnel (Sec. 20 (a)) ................$ 21,214,793

768

JOURNAL OF THE SENATE

Salaries of Administrative and Supervisory Personnel (Sec. 21) .....$
Special Education Leadership Personnel (Sec. 21 (c) (2)) ..............$
Instructional Media (Sec. 13) ............$ Instructional Equipment (Sec. 14) ........$ Maintenance and Operation (Sec. 15) ......$ Sick and Personal Leave (Sec. 16) .........$ Travel (Sec. 17) .......................$ Pupil Transportation--Regular (Sec. 25). ... $ Pupil Transportation-
Kindergarten (Sec. 25) ................$ Pupil Transportation-
Special (Sec. 25) .....................$ Isolated Schools ......................$ Mid-Term Adjustment .................$

57,794,722
2,477,551 17,459,865
686,253 78,686,507
5,456,208 919,938
52,590,263
4,284,462
5,948,221 312,288
1,500,000

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 92,478,129

Driver Education .....................$

--0--

Teacher Retirement ...................$ 74,740,898

Instructional Services for

the Handicapped ....................$ 19,036,142

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Educational Training Services

for the Mentally Retarded .............$

--0--

Tuition for the Multi-handicapped ........$ 722,000

Severely Emotionally Disturbed. .........$ 13,459,271

Compensatory Education ...............$ 12,746,747

Guidance, Counseling and Testing. .......$

--0--

School Library Resources and

Other Materials .....................$ 3,894,615

School Lunch (Federal) .................$ 125,606,750

School Lunch (State) ...................$ 14,800,000

Supplementary Education Centers

and Services. .......................$ 3,436,571

Staff Development ....................$ 988,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 2,819,000

Cooperative Educational

Service Agencies ....................$ 3,419,385

Superintendents' Salaries ...............$ 4,190,514

High School Program ..................$ 25,879,941

Area Vocational-Technical

Schools. ...........................$ 43,302,197

Career Education .....................$ 263,921

Junior College Vocational

Program. ..........................$ 1,172,964

Quick Start Program ...................$ 2,723,956

FRIDAY, FEBRUARY 20, 1981

769

Comprehensive Employment

and Training .......................$ 5,650,000

Vocational Research

and Curriculum. ....................$ 881,895

Adult Education ......................$ 3,785,229

Salaries and Travel of

Public Librarians ....................$ 3,746,467

Public Library Materials. ......'.........$ 3,484,443

Talking Book Centers ..................$ 638,495

Public Library Maintenance

and Operation ......................$ 2,171,600

Public Library Construction. ............$ 3,811,836

Comprehensive Planning ...............$

--0--

Competency-Based High School

Graduation Requirements. ............$ 260,000

Vocational Special

Disadvantaged......................$

--0--

Instructional Aides ....................$ 8,042,101

Teacher Health Insurance ..............$ 31,307,997

Special Projects. ......................$

40,789

Nutritional Education. .................$ 270,000

Regional ITV Projects ..................$

100,000

Basic Skills ..........................$

55,263

Capital Outlay (under 32-648a). ..........$

--0--

Grants to Local School

Systems for Educational

Purposes (Act 562) ...................$ 75,000,000

Indo-Chinese Refugee .................$

30,924

Salaries of Extended

Pre-School Personnel. ................$ 7,554,477

Area Vocational Technical

School Construction .................$

195,000

Total Funds Budgeted ................... $1,419,526,038

State Funds Budgeted ................... $1,146,010,486

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

17,143,660 3,333,951 1,082,100
8,183 746,694 139,564 781,528 879,208 503,143 4,511,076 346,006
--0--

770

JOURNAL OF THE SENATE

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) .......................$ 480,730,263

Salaries of Instructional

Personnel (Sec. 5). ...................$ 79,027,716

Salaries of Instructional

Personnel (Sec: 7). ...................$ 17,654,471

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ................$ 21,214,793

Salaries of Administrative and

Supervisory Personnel (Sec. 21) ........$ 57,794,722

Special Education Leadership

Personnel (Sec. 21(c) (2)) ..............$ 2,477,551

Instructional Media (Sec. 13) ............$ 17,459,865

Instructional Equipment (Sec. 14) ........$ 686,253

Maintenance and Operation (Sec. 15). .....$ 78,686,507

Sick and Personal Leave (Sec. 16) .........$ 5,456,208

Travel (Sec. 17) .......................$ 919,938

Instructional Specialists ................$

--0--

Pupil Transportation-

Regular (Sec. 25) ....................$ 52,590,263

Pupil Transportation-

Kindergarten (Sec. 25) ................$ 4,284,462

Pupil Transportation-

Special (Sec. 25) .....................$ 5,948,221

Isolated Schools ......................$ 312,288

Mid-Term Adjustment .................$ 1,500,000

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 92,478,129

Driver Education .....................$

--0--

Teacher Retirement ...................$ 74,740,898

Instructional Services for

the Handicapped ....................$ 19,036,142

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Educational Training Services

for the Mentally Retarded .............$

--0--

Tuition for the Multi-handicapped ........$ 722,000

Severely Emotionally Disturbed. .........$ 13,459,271

Compensatory Education. ..............$ 12,746,747

Guidance, Counseling and Testing. .......$

--0--

School Library Resources and

Other Materials .....................$ 3,894,615

School Lunch (Fed.) ...................$ 125,606,750

School Lunch (State) ...................$ 14,800,000

Supplementary Education

Centers and Services .................$ 3,436,571

Staff Development ....................$ 988,000

FRIDAY, FEBRUARY 20, 1981

771

Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ..................$
Cooperative Educational Service Areas .......................$
Superintendents' Salaries ...............$ High School Program ..................$ Area School Program ............,.....$ Career Education .....................$ Junior College Porgram ................$ Quick Start ..........................$ Comprehensive Employment
and Training .......................$ Vocational Research and
Curriculum ........................$ Adult Education ......................$ Salaries and Travel of
Public Librarians ....................$ Public Library Materials. ...............$ Talking Book Centers ..................$ Public Library M & O . .................$ Public Library Construction. ............$ Comprehensive Planning ...............$ Competency-Based High School
Graduation Requirements. ............$ Vocational Special Disadvantaged ........$ Instructional Aides ....................$ Teacher Health Insurance ..............$ Special Projects. ......................$ Nutritional Education. .................$ Regional ITV Projects ..................$ Basic Skills ..........................$ Capital Outlay (under 32-648a). ..........$ Grants to Local School
Systems for Educational Purposes (Act 562) ...................$ Indo-Chinese Refugee .................$

2,819,000
3,419,385 4,190,514 25,879,941 43,302,197
263,921 1,172,964 2,723,956
5,650,000
881,895 3,785,229
3,746,467 3,484,443
638,495 2,171,600 3,811,836
--0--
260,000 --0--
8,042,101 31,307,997
40,789 270,000 100,000
55,263 --0--
75,000,000 30,924

Salaries of Extended Pre-School Personnel. ................$
Area Vo-Tech School Construction. .......$ Total Positions Budgeted Authorized Motor Vehicles

7,554,477 195,000 852 17

B. Budget Unit: Institutions. ....................$ 12,535,158

1. Georgia Academy for the Blind Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

2,095,646 285,902 6,161 --0-- 3,200 230,561

772

JOURNAL OF THE SENATE

Telecommunications ....................$ Per Diem, Fees, and Contracts. ............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

14,512 7,254 152,965 --0-- 2,796,201 2,503,218
153

2. Georgia School for the Deaf Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ 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 ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. North Georgia Vocational-Technical School Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

3,744,115 517,800 9,869 --0-- 200 90,378 15,872 35,388 267,192 30,000
4,710,814 4,237,466
272
1,406,340 211,403 6,300 7,500 3,500 39,931 14,348 12,532 89,022 --0--
1,790,876 1,579,424
90
2,107,036 601,436 21,570 --0-- 5,780 107,608 14,980 2,690 242,281 4,500
3,107,881 2,095,660
108

FRIDAY, FEBRUARY 20, 1981

773

5. South Georgia Vocational-Technical School Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,740,736 567,682 17,347 --0-- 3,878 86,550 15,587 4,110 226,417 150,000
2,812,307 2,119,390
97

Budget Unit Object Classes:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

11,093,873 2,184,223
61,247 7,500 16,558
555,028 75,299 61,974
977,877 184,500
720 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 continu ing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.

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, except in the case of mentally, physically or emotional ly handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.

774

JOURNAL OF THE SENATE

Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of one transportation unit ($9,069) for each 40 students. However, allotments shall not exceed actual cost of midday transportation by the local system.
Provided, however, in order to extend the half-day program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or cer tificated instructional personnel on a reimbursable basis to the extent that the $9,069 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible.
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 earn ed 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 commit ted for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and commit ted for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, further, funds appropriated for Main tenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled.
Furthermore, the Section 5 teaching units so allo cated 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.

FRIDAY, FEBRUARY 20, 1981

775

Provided, that of the above appropriation for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance.
Provided, that local school systems, in accordance with State Board policy, may use additional instruc tional units earned in grades 1 - 2 to employ either cer tificated 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 $880,000 for Staff Development, $88,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State 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.
It is the intent of this General Assembly that the staffing of the District Agricultural and Home Eco nomics offices of the State will be maintained at the minimum staffing level which was in effect as of July 1, 1979.
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 3 through 8 and shall be used for remedial purposes only. Provided, however, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2.
It is the intent of this General Assembly that, rela tive to the teachers' index salary schedule, beginning teachers are to receive the same salary as those with one year of experience.

776

JOURNAL OF THE SENATE

Provided, however, that of the above appropria tion of $43,302,197 relative to Area VocationalTechnical Schools, $15,000 is hereby designated and committed for additional Maintenance and Operation Funds at Swainsboro Area Vocational-Technical School.

Section 20. Employees' Retirement System.

Budget Unit: Employees'Retirement System. .$

14,000

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 .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

523,802 13,025 8,218 --0-- 12,000 8,400
163,295 48,130
9,256 357,100
31,250 1,174,476
14,000 28

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel... .............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

523,802 13,025 8,218 --0-- 12,000 8,400
163,295 48,130
9,256 357,100
31,250 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ..........$ 19,520,070

1. Reforestation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

582,630 554,730
3,800 10,000
1,377 44,000

FRIDAY, FEBRUARY 20, 1981

777

Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ................... . $
Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

12,821 --0-- 9,745
65,124 --0--
1,284,227 383,353 31

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

12,973,663 2,768,580
84,477 482,746
21,698 1,217,888
29,996 13,383 388,723 37,710 60,000 131,500 18,210,364 15,350,179
809

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. ...................$ Herry Foundation ......................$ Total Funds Budgeted ...................$ State Funds Budgeted .................. . $ Total Positions Budgeted

583,359 87,446 16,764 5,190 37,858 800 70,811 --0-- 17,141 5,569 392,000 -- 0--
1,216,938 1,186,538
25

4. Wood Energy Budget:

Wood Energy Program. ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,680,000 2,680,000 2,600,000
3

778

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 .............$ Contractual Research. ...................$ Ware County Grant .....................$ Herty Foundation ......................$ Wood Energy Program. ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

14,139,652 3,410,756
105,041 497,936
60,933 1,262,688
113,628 13,383
415,609 108,403 392,000 60,000
--0-- 2,680,000
131,500 868 751

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, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Pro grams in the Field Services Activity 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 sup plant State Funds appropriated herein. Provided fur ther 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 ..........................$ 15,133,032

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

451,449 25,025 4,900 --0-- 2,300 1,000 --0-- 29,323 18,315

FRIDAY, FEBRUARY 20, 1981

779

Per Diem, Fees and Contracts .............$ Postage. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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
3. Forensic Sciences 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 .............$ Postage ...............................$ Capital Outlay .........................$ 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 ....................$

2,100 3,600 200,000 738,012 738,012
23
5,529,371 820,089 291,750 372,808 17,325 100,400 700 88,368 167,476 2,000 145,000 6,900 186,800
7,728,987 7,612,067
219
1,975,364 356,109 24,530 45,835 5,600 165,900 130,000 10,662 74,360 500 13,250 136,500
2,938,610 2,851,910
89
1,530,456 111,768 10,450 5,500 35,200 30,089
1,773,780 3,000
342,000

780

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

71,800 17,000 3,931,043 3,931,043
97

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

9,486,640 1,312,991
331,630 424,143
60,425 297,389 1,904,480 131,353 602,151
76,400 145,000 40,750 523,300
428 247

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 sup plant State Funds appropriated herein. Provided fur ther that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.
Provided that of the five (5) new positions for the Forensic Sciences Division, one (1) position shall be designated for the Columbus Branch Crime Lab.

Section 23. 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. .....................$

--0--
728,993 42,500
8,439 -- 0-- 6,000 1,750 20,000 56,461

FRIDAY, FEBRUARY 20, 1981

781

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
It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Educa tion, the Georgia Bureau of Investigation, the Depart ment of Industry and Trade, the Department of Of fender Rehabilitation, the Department of Public Safe ty, and the Department of Transportation authorized in Section 46 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects:

14,000 118,000 996,143
--0-- 31
728,993 42,500
8,439 --0-- 6,000 1,750 20,000 56,461 14,000 118,000
31 0

Expansion of Georgia Ports Authority Facilities ....................$ 42,372,728
Georgia Public Safety Training Center ..............................$ 5,000,000
Georgia Bureau of Investigation Complex. .... 15,000,000 Area Vocational-Technical School
in Gwinnett County ...................$ 10,800,000 Expansion of the Georgia World Congress
Center in Atlanta .....................$ 83,000,000 Expansion of Women's Prison at
Hardwick ...........................$ 8,000,000 Georgia State Prison--Project
360 at Reidsville ......................$ 21,831,390 Advance Construction of the
Interstate System .....................$ 225,000,000
Provided that no bonds shall be issued for the Georgia Public Safety Training Center until pre liminary plans therefor have been completed and have received agency approval.

782

JOURNAL OF THE SENATE

Provided that no proceeds from bond sales shall be paid to the Georgia Department of Transportation until a project is deemed eligible for 90% Federal participa tion by the Secretary of the United States Department of Transportation or his authorized representative.
Section 24. Office of the Governor.
A. Budget Unit: Governor's Office ...............$
1. Governor's Office Budget:
Cost of Operations ......................$ Mansion Allowance .....................$ Governor's Emergency Fund. .............$ Intern Stipends and Travel ...............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
There is hereby appropriated a General Emergen cy 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 requires expenditure of any part of said fund. Expen ditures 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

4,222,577
1,400,425 40,000
2,500,000 77,298
4,017,723 4,017,723
310,410 14,136 12,000 --0-- 3,500 1,100 --0-- 20,132 9,440 30,000
400,718 204,854
15

FRIDAY, FEBRUARY 20, 1981

783

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:

1,400,425 40,000
2,500,000 77,298
310,410 14,136 12,000 --0-- 3,500 1,100 --0-- 20,132 9,440 30,000 15 1
5,736,728

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

398,843 81,280 8,500 --0-- 30,000 1,000 --0-- 172,476 8,300 50,000
750,399 733,842
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--State Funds .................$ Art Grants--Federal Funds ...............$

123,787 7,910 4,100 --0-- 5,000 --0-- --0-- 17,740 6,591 7,951
1,143,678 664,089

784

JOURNAL OF THE SENATE

Art Grants--Donations ..................$ 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 ....................$ 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 ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

19,027 1,999,873 1,316,757
8
255,623 1,300 6,000 --0-- --0-- --0-- --0-- --0-- 4,600 6,000
273,523 273,523
9
184,132 3,415
34,473 --0-- 300 830 --0-- --0-- 8,659 2,000
233,809 233,809
7
518,998 1,200 6,100 --0-- --0--
14,000 41,000
--0-- 8,000
300 589,598 502,243
21

FRIDAY, FEBRUARY 20, 1981

785

6. Human Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
7. Office of Consumer Affairs:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
8. State Energy Office Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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 .......$

314,045 200
5,000 --0-- --0--
500 --0-- --0-- 4,900 --0-- 324,645 324,645
11
826,410 49,975 14,000
--0-- 5,000 2,500 22,680 56,062 102,000 7,000 1,085,627 785,627
50
278,773 37,757 35,000 --0-- 71,003 --0-- --0-- --0-- 12,500
5,200,000 5,635,033
275,091 16
101,352 6,527 3,500 --0--

786

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
10. Facilities Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
11. Physical and Economic Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ 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 ....................$

5,009 --0-- 5,000 7,791 3,228 12,349 144,756 73,694
4
95,991 --0-- 7,000 --0-- 1,000 8,000
130,000 --0-- 3,100
115,000 360,091 360,091
3
329,773 5,647 18,000 --0-- 5,000 750 12,000 --0-- 10,000
80,000 461,170 296,170
14
319,164 1,500 5,000 --0-- --0-- 500 --0-- --0-- 5,000

FRIDAY, FEBRUARY 20, 1981

787

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 ....................$ Per Diem, Fees and Contracts .............$ Art Grants--State Funds .................$ Art Grants--Federal Funds ...............$ Art Grants--Donations ..................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, however, that of the above appropria tion relative to Art Grants--State Funds, $1,143,678 is designated and committed for Grants to Counties, Cities and Civil Divisions of the State of Georgia.
Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities ..........................$
1. Grants to Counties. .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
2. Grants to Municipalities .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

--0-- 331,164 331,164
11
258,029 10,413 7,000 --0-- 630 --0-- --0-- 13,000 5,000 20,000
314,072 230,072
14
4,004,920 207,124 153,673 --0-- 122,942 28,080 210,680 267,069 181,878
5,500,600 1,143,678
664,089 19,027 183 0
6,800,000
2,600,000 2,600,000 2,600,000
4,200,000 4,200,000 4,200,000

788

JOURNAL OF THE SENATE

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 municipal ities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 26. Department of Human Resources.
A. Budget Unit: Departmental Operations ..........................$ 180,953,004

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 DO AS Services Funding. ..........$ Indirect GBA Funding ...................$ Agency Funds .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

9,735,338 657,440 460,932 --0-- 134,680 35,290
1,366,675 2,522,968
365,220 1,550,250
70,295 489,825
700,000 107,900 18,196,813 1,060,610
--0-- 6,788,775 2,106,677 8,240,751
527 7

General Administration and Support Functional Budgets

Total Funds
Commissioner's Office ......$ 673,285 Child Care Licensing. .......$ 1,179,957 Laboratory Improvement ....$ 449,169 Child Support Recovery .....$ 2,084,017 Contract Management. ......$ 1,184,641 Public Affairs. .............$ 303,775 Office of Administrative
Appeals. ................$ 752,602

State Funds Pos.

$ 673,285

21

$ 1,057,267

58

$ 303,702

19

$ 521,004 101

$ 177,641

9

$ 303,775

12

$ 752,602

22

FRIDAY, FEBRUARY 20, 1981

789

Health Care Facilities

Regulations. .............$ 1,785,683

Administrative Policy,

Coordination

and Direction ............$ 79,759

Personnel. ................$ 1,281,841

Administrative Support

Services ................$ 1,639,890

Office of Review

and Investigation .........$ 555,991

Systems Planning,

Development and Training .$ 504,951

Program Analysis ..........$ 120,759

Electronic Data Processing,

Planning and Coordination .$ 1,369,675

Facilities Management ......$ 3,360,339

Regulatory Services-

Program Direction

and Support .............$ 543,346

Indirect Cost ..............$

-0--

Undistributed .............$ 327,133

Total. ....................$ 18,196,813

$ 220,753

69

$ 79,759

3

$ 1,231,441

70

$ 1,375,890

60

$ 247,638

22

$ 504,951

22

$ 120,759

7

$

--0--

0

$ 2,849,019

7

$ 373,886

22

$ (2,950,000)

0

$ 397,379

3

$ 8,240,751 527

2. Financial Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

4,170,920 108,065 184,048 --0-- 22,240 6,005 --0-- 1,920 200 135,000 --0-- 100
4,628,498 --0--
1,610,000 3,018,498
222 0

Financial Management Functional Budgets

Total Funds

Budget Administration ......$ 833,784

Accounting Services ........$ 2,263,000

Auditing Services. ..........$ 1,517,099

IndirectCost ..............$

-0-

Undistributed .............$ 14,615

Total. ....................$ 4,628,498

State Funds Pos.

$ 833,784

35

$ 2,263,000 128

$ 1,517,099

59

$ (1,610,000)

0

$ 14,615

0

$ 3,018,498 222

790

JOURNAL OF THE SENATE

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 .............$ Contract--Georgia
Advocacy Program ....................$ Utilities ..............................$ Postage ...............................$ Grant to the Savannah Speech
and Hearing Center ...................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Title XX Funds. ........................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

1,943,292 67,325 89,301 --0-- 21,550 --0-- --0-- --0-- 56,610
21,490,263
200,000 --0-- 380
39,947 520,275 24,428,943 14,971,472
--0-- 4,410,325 5,047,146
92 103

Special Programs Functional Budgets

Total Funds State Economic
Opportunity Office. .......$ 277,840 District Programs,
Director's Office. .........$ 633,898 Child Development
Administration ...........$ 1,029,520 Child Development
Contracts--Foster Care ....$ 267,605 Special Projects ............$ 492,000 Child Development
Contracts--Day Care ......$ 19,158,613 Child Development
Contracts--Home Management ............$ 591,015 Child Development Contracts--Outreach ......$ 612,685 Information and Referral ....$ 317,405 Troubled Children Benefits. ..$ 520,275 Mental Health/Mental Retardation Advisory Council. ................$ 48,155 Council on Family Planning ..$ 72,559 Council on Aging ...........$ 49,016

State Funds Pos.

$ 136,373

8

$ 490,898

25

$

--0--

44

$ 16,900

0

$ 492,000

0

$ 2,814,717

0

$ 106,850

0

$ 94,405

0

$ 53,905

0

$ 520,275

0

$ 48,155

1

$

7,260

2

49,016

1

FRIDAY, FEBRUARY 20, 1981

791

Developmental Disabilities ...$ 235,965 $

--0--

9

Council on Maternal

and Infant Health .........$ 82,445

$ 82,445

2

Undistributed .............$ 39,947 $ 133,947

0

Total. ....................$ 24,428,943

$ 5,047,146

92

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 Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

1,881,280 119,345 57,016 --0-- 47,274 5,130 250,000 9,230 172,985 24,550 --0-- 1,450
2,568,260 350,000 303,166
1,915,094 107 0

Physical Health--Program Direction and Support Functional Budgets.

Total Funds

Director's Office ...........$ 423,503

Employee's Health .........$ 225,520

Primary Health Care ........$ 334,852

Health Program Management .$ 382,209

Vital Records ..............$ 812,071

Health Services Research ....$ 390,105

Undistributed .............$

-0-

Total. ....................$ 2,568,260

State Funds Pos.

$ 273,503

7

$ 140,520

9

$ 231,416

13

$ 299,240

18

$ 797,310

53

$ 173,105

7

$

-0-

0

$ 1,915,094 107

5. Physical Health -- Family Health Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$

5,050,240 2,020,470
275,173 5,500
102,601 13,375
192,000 13,400 61,040
6,405,933

792

JOURNAL OF THE SENATE

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 Cryopreservation for Autologous Transplantation. ............$
Contract with Emory University for Arthritis Research ..................$
Contract for Scojiosis Screening ...........$ Family Planning Benefits. ................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 17,935
3,239,000 3,000,000
500,000 2,563,600
100,000
25,000
40,000
100,000
99,000
178,160 20,000 226,530 24,248,957
--0-- 11,472,788 12,776,169
286 4

Physical Health -- Family Health Functional Budgets

Total Funds Family Health Management ..$ 6,125,299 Cancer Control ............$ 2,330,157
Crippled Children ..........$ 4,336,205 Immunization .............$ 460,705
Maternal Health ...........$ 213,885 Sexually Transmitted Diseases $ 184,130 Infant and Child Health. .....$ 3,809,483 Diabetes. .................$ 248,306 Chronic Disease. ...........$ 1,300,617 Coordination, Education,
Prevention ..............$ 489,818 Malnutrition ..............$ 428,962 Stroke and Heart Attack
Prevention ..............$ 138,705 Family Planning ...........$ 791,450 Epidemiology. .............$ 680,595 Dental Health .............$ 61,980 Community Tuberculosis
Control .................$ 935,105 Crippled Children--SSI ......$ 724,555 Undistributed .............$ 989,000 Total. ....................$ 24,248,957

State Funds Pos.

$ 299,814

28

$ 2,103,357

6

$ 2,233,505

64

$

--0--

24

$ 213,885

6

$ 184,130

7

$ 3,710,146

12

$ 62,841

11

$ 1,300,617

22

$

--0--

8

$

--0--

16

$ 132,025

6

$ 49,169

13

$ 680,595

8

$ 61,980

3

$ 755,105

25

$

--0--

27

$ 989,000

0

$ 12,776,169 286

FRIDAY, FEBRUARY 20, 1981

793

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

3,206,472 470,815 79,861 --0-- 49,180 38,225 --0-- --0-- 3,970 159,120 --0-- 14,255
4,021,898 --0--
466,943 3,554,955
175 5

Physical Health -- Community Health Functional Budgets

Total Funds Occupational and
Radiological Health .......$ 534,711 Laboratory Services. ........$ 2,988,535 Emergency Health. .........$ 571,984 Undistributed .............$ (73,332) Total. ....................$ 4,021,898

State Funds Pos.

$ 534,711

19

$ 2,589,892 137

$ 503,684

19

$ (73,332)

0

$ 3,554,955 175

7. Physical Health -- Local Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Contract -- Macon-Bibb County
Hospital Authority ....................$ Grant to Counties for
Metabolic Disorders Screening and Treatment ...............$ Family Planning Benefits. ................$ Midwifery Program Benefits ..............$

10,818,388 17,555,520
486,511 --0--
32,940 35,950 110,700 137,305 4,562,718
5,770 25,085
800,000
40,000 75,000 175,000

794

JOURNAL OF THE SENATE

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 .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

1,076,505
250,000
3,451,480
97,300
92,800 23,606,077 63,435,049
67,000 30,463,038
1,100,000 31,805,011
581 2

Physical Health -- Local Services Functional Budgets

Total Funds Minimum Foundation .......$ 6,402,895
Grant-in-Aid to Counties .....$ 21,306,537 Stroke and Heart
Attack Prevention ........$ 732,194
Family Planning ...........$ 5,722,925 Sickle Cell, Vision
and Hearing .............$ 331,565 Sexually Transmitted
Diseases ................$ 870,729 High Risk Pregnant Women
and Their Infants .........$ 3,884,240 Newborn Follow-Up Care ....$ 235,285 District Dental. ............$ 789,935 Teenage Pregnancy Preventions 250,000 District Crippled Children. ...$ 1,920,230 Mental Retardation Projects ..$ 190,100 Malnutrition ..............$ 19,998,414 Undistributed .............$ 800,000 Total. ....................$ 63,435,049

State Funds Pos.

$ 6,027,082 236

$ 16,908,795

0

$ 443,914

20

$ 489,209 192

$ 331,565

15

$ 93,855

26

$ 3,811,240

19

$ 235,285

12

$ 789,935

18

$ 250,000

0

$ 1,164,230

33

$

--0--

0

$

-0-

10

$ 1,259,901

0

$ 31,805,011 581

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

3,000,068 115,133 165,670 --0-- 95,319 --0-- 650,000 --0--

FRIDAY, FEBRUARY 20, 1981

795

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Total Funds Budgeted ...................$ Title XX Funds. ........................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

127,955 1,106,595
2,500 1,600 5,264,840 13,630 500,000 1,604,952 3,146,258
139

Mental Health--Program Direction and Support Functional Budgets

Total Funds Administration ............$ 2,066,736 Special Projects
and Contracts. ...........$ 1,115,772 Program Coordination. ......$ 1,848,332 Undistributed .............$ 234,000 Total. ....................$ 5,264,840

State Funds Pos.

$ 1,568,431

64

$

--0--

9

$ 1,343,827

66

$ 234,000

0

$ 3,146,258 139

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 24-
hour Emergency Social Services. .........$ Benefits for Child Care ..................$ Homemaker Meals .....................$ Chatham County Homemaker Project ......$ 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-- --0-- --0-- --0-- --0-- --0-- 334,750 --0-- --0-- 750,000
146,079 8,856,375
98,400 418,565 112,870 261,412 10,978,451 4,872,825 1,361,795 4,743,831
0

796

JOURNAL OF THE SENATE

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits .....$ 750,000

Grants to Fulton County

for 24-hour Emergency

Social Services ...........$ 146,079

Legal Services .............$ 250,000

AFDC-Family Foster Care. . . $ 2,628,455

AFDC-- Institutional

Foster Care. .............$ 819,500

Specialized Foster Care ......$

50,000

Child Welfare-

Family Foster Care . .......$ 3,967,025

Adoption Supplement .......$ 158,240

Non-AFDC Institutional

Foster Care ..............$ 149,025

Liability Insurance .........$

15,400

Emergency Shelter Care .....$

80,000

Day Care .................$ 725,000

Psychiatric, Psychological

and Speech Therapy. ......$ 120,000

Maternity Care ............$ 230,000

Return of Runaways-- County. $

5,000

Homemaker Projects. .......$ 891,247

Undistributed . .... ..-......$

(6,520)

Total. ....................$ 10,978,451

State Funds Pos.

$ 75,000

0

$ 146,079

0

$ 62,500

0

$ 873,700

0

$ 272,400

0

$

27,500

0

$ 2,447,025

0

$ 158,240

0

$ 149,025

0

$

15,400

0

$

20,000

0

$ 305,000

0

$ 30,000

0

$ 230,000

0

$

1,250

0

$ 116,912

0

$ (186,200)

0

$ 4,743,831

0

10. Youth Services-- Program Direction and 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 ......... . $ Utilities .......................... .$ Postage. .......................... . $ Benefits for Child Care .............. . $ Total Funds Budgeted ............... . $ Indirect DOAS Services Funding ....... . $ Agency Funds ..................... . $ State Funds Budgeted ............... . $ Total Positions Budgeted Authorized Motor Vehicles

572,446 13,600 17,300 -04,000 2,800 -0-016,500 2,500 -0-0-- 0-
629,146 -- 0-- -0-
629,146 25 0

FRIDAY, FEBRUARY 20, 1981

797

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 .....................,.........$ Total Funds Budgeted ...................$ Title XX Funds. ........................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

909,274 19,020 41,256 --0-- 5,555 --0-- --0-- --0-- 25,740
14,817,079 -0--0--
15,817,924 4,029,795 10,509,459 1,278,670
41 176

Services to the Aged Functional Budgets

Total Funds Title XX Adult Services ......$ 4,931,064 Administration and Planning .$ 1,791,040 Nutrition Grants ...........$ 5,394,585 Areawide Grants ...........$ 3,713,605 Undistributed .............$ (12,370] Total. ....................$ 15,817,924

State Funds Pos.

$ 774,040

0

$ 247,270

41

$ 269,730

0

$

-0-

0

(12,370)

0

$ 1,278,670

41

12. Vocational RehabilitationProgram 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...............................$ E.S.R.P. Case Services ...................$ Grants for Nephrology Centers ............$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,186,268 60,364 58,865 --0-- 18,515 --0--
453,375 --0--
25,290 458,390
-- 0-- 3,645 150,000 372,831 2,787,543 100,000 1,799,131 888,412
55

798

JOURNAL OF THE SENATE

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds Program Direction and
Support. ................$ 1,676,212 Grants Management ........$ 919,500 Undistributed .............$ 191,831 Total. ....................$ 2,787,543

State Funds Pos.

$ 351,673

44

$ 344,908

11

$ 191,831

0

$ 888,412

55

13. Vocational RehabilitationFacilities Budget:
Personal Services .......................$ 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

2,613,521 132,380 24,446 --0-- 900 1,400 --0--
98,395 28,355 102,400 54,840
3,225 --0-- --0-- 3,059,862 --0-- 2,004,849 268,000 787,013
161 19

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds Youth Development Center-- V. R. Unit .................$ 274,362 Atlanta Rehabilitation Center ...$ 1,535,372 Alto Rehabilitation Center ......$ 256,641 Cave Spring
Rehabilitation Center ........$ 296,761 Central Rehabilitation Center ...$ 422,609 Georgia Vocational Adjustment
Center--Gracewood .........$ 285,397 Undistributed. ...............$ (11,280) Total .......................$ 3,059,862

State Funds Pos.

$ 66,709

14

$ 394,262

70

$ 62,173

13

$ 80,967

17

$ 107,367

28

$ 86,815

19

$ (11,280)

0

$ 787,013 161

FRIDAY, FEBRUARY 20, 1981

799

14. Roosevelt Warm Springs Rehabilitation Institute:
Personal Services . ......................$ 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 .........................$ Operations............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

5,702,120
1,007,830 42,375 178,400 8,800
304,400 --0-- --0--
116,230 619,145 437,245
11,980 24,325
--0-- --0-- 8,452,850 50,000 5,933,577 2,469,273
412 23

Roosevelt Warm Springs Rehabilitation InstituteFunctional Budgets

Total Funds Administration ............$ 3,430,200 Rehabilitation Services ......$ 4,057,820 Instruction. ...............$ 370,865 Independent Living .........$ 324,520 Family Involvement ........$ 91,755 Research/Training ..........$ 79,690 Undistributed .............$ 98,000 Total. ....................$ 8,452,850

State Funds Pos.

$ 3,380,200 131

$ (1,283,397) 231

$ (135,000)

16

$ 324,520

21

$

5,260

8

$ 79,690

5

$ 98,000

0

$ 2,469,273 412

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

1,966,616 3,390,575
52,784 19,300 3,125 15,600
--0-- 8,590 15,310 52,335 61,465 4,000

800

JOURNAL OF THE SENATE

Case Services ..........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

225,000 5,814,700 5,358,456
456,244 36 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations. ...............$ 4,836,022

Supervision ...............$ 302,222

Business Enterprise Vending

Stand Project ............$ 676,456

Undistributed .............$

--0--

Total. ....................$ 5,814,700

State Funds Pos.

$

--0--

0

$ 302,222

19

$ 154,022

17

$

--0--

0

$ 456,244

36

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

12,894,757
381,889 419,080
--0-- 14,400 19,551
--0-- 554,445 346,305 1-77,590
78,900 64,135 50,000 14,926,811 29,927,863 150,000 22,802,348 6,975,515
707 5

17. 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 ....................$

5,542,490 120,840 16,802 _Q-- 15,000 9,350 --0-- 311,905 233,020

FRIDAY, FEBRUARY 20, 1981

801

Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage...............................$ Case Services ..........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

211,120 --0--
94,000 3,628,300 10,182,827 10,182,827
--0-- 307

18. Public Assistance Budget:

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

--0--

Regular Operating Expenses ..............$

175,000

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

31,520

AFDC Benefits. ........................$ 154,111,113

Total Funds Budgeted ...................$ 154,317,633

Agency Funds .........................$ 103,059,744

State Funds Budgeted ...................$ 51,257,889

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ..........$

175,000

AFDC Payments . .........$ 154,111,113

SSI--Supplement Benefits. ..$

31,520

Undistributed ............$

--0--

Total ...................$ 154,317,633

State Funds Pos.

$

--0--

0

$51,226,369

0

$ 31,520

0

$

--0--

0

$ 51,257,889

0

19. Local Services--Community Services and Benefits Payments Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Per Diem, Fees and Contracts .............$ Local Services Benefits
Payments Grants .....................$ Grants to Counties for
Social Services .......................$

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
48,581,413
38,757,531

802

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ Agency Funds .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted

87,338,944 28,956,016 20,716,769 37,666,159
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds
Local ServicesBenefits Payments Grants ..$ 45,881,413
Grants to Counties for Social Services. ........$ 38,757,531
Undistributed .............$ 2,700,000 Total. ....................$ 87,338,944

State Funds Pos.

$21,573,812

0

$16,279,505

0

$ (187,158)

0

$ 37,666,159

0

20. Family and Children ServicesProgram 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

6,008,599 189,595 300,838 --0-- 503,155 9,000
1,850,000 142,290 243,830
3,092,060 9,225
203,535 12,552,127 6,990,969
729,390 815,795 4,015,973
315

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds Director's Office ...........$ 471,840
Standards and Procedures ....$ 451,770 Training. .................$ 767,537 Management Development. ..$ 1,717,421 Administrative Support ......$ 2,707,507 Food Stamp ...............$ 2,792,029 District Program Operations ..$ 2,367,995

State Funds Pos.

$ 172,560

12

$ 203,965

9

$ 120,978

13

$ 830,128

79

$ 612,360

20

$ 208,522

22

$ 1,162,671 101

FRIDAY, FEBRUARY 20, 1981

803

Special Services ............$ 1,110,280 Eligibility Determination. .... $ 224,033 Undistributed .............$ (58,285) Total. ....................$ 12,552,127

$ 642,305

47

$ 120,769

12

$ (58,285)

0

$ 4,015,973 315

21. Family and Children ServicesDistrict 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 .........................$ TitleXXFunds. ........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

541,446 20,100 29,162
--0-- --0-- --0-- --0-- 21,770 8,690 --0-- 2,000 623,168 230,971 111,200 --0-- 280,997
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 ...........$ Grants for DeKalb County Mental Retardation Project. .............$ Grants for Chatham County Mental Retardation Project. .............$

77,743,535 26,625,306
2,801,420 203,200
1,079,234 496,076
4,762,050 3,795,613 1,984,555 55,301,798
720,240 937,150 107,900
3,239,000 4,076,505
500,000 2,563,600
3,476,480 301,530 175,000
97,300
92,800

804

JOURNAL OF THE SENATE

Grant-In-Aid to Counties .................$ 23,606,077

Work Incentive Benefits .................$ 750,000

Grants to Fulton County for 24-hour

Emergency Social Services ..............$

146,079

Benefits for Child Care ..................$ 9,376,650

Homemaker Meals .....................$

98,400

Chatham County Homemaker Project ......$ 418,565

Douglas County Homemaker Project .......$

112,870

Fulton County Homemaker Project. ........$ 261,412

Grants for Nephrology Centers ............$ 372,831

Case Services ..........................$ 18,804,436

E.S.R.P. Case Services ...................$

150,000

SSI-Supplement Benefits .................$

31,520

AFDC Benefits....... ..................$ 154,111,113

Local Services Benefits

Payments Grants .....................$ 48,581,413

Grants to Counties for Social Services .......$ 38,757,531

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ..................$

100,000

Institutional Repairs

and Maintenance .....................$ 700,000

Contract with Emory University

For Arthritis Research .................$

178,160

Grant for Epilepsy Program. ..............$

50,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................$

40,000

Contract for Scoliosis

Screening ...........................$

20,000

Contract--Georgia

Advocacy Program ....................$ 200,000

Grant to the Savannah

Speech and Hearing Center .............$

39,947

Grant for Teenage Pregnancy

Prevention Program ...................$ 250,000

Contract with Emory University

for Cryopreservation for

Autologous Transplantation. ............$

99,000

Contract--Cancer Research

at Emory ............................$

100,000

Contract -- Macon-Bibb County

Hospital Authority ....................$ 800,000

Grants to Counties for

Metabolic Disorders

Screening and Testing. .................$

40,000

Total Positions Budgeted

4,207

Provided, that of the above appropriation, $ 100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.

FRIDAY, FEBRUARY 20, 1981

805

Provided, that of the funds available in the Physical Health -- Local Services Budget not less than $125,000 is committed for continuation of the Com munity Cardiovascular Council Stroke-Screening Pro gram.

Provided, that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

There is hereby appropriated $51,226,369 in State funds for the purpose of making AFDC benefit pay ments.

Provided that for Fiscal 1981, 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
$ 90 137 164 193 221 240 259 275 290 310 332

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 85% of the above stan dard of needs.

Provided, that of the above appropriation, $120,000 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 communi ty 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.

806

JOURNAL OF THE SENATE

Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $3,239,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or pro grams 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 anticipated in this appropriation shall be used to im prove and expand Physical Health programs and not to supplant State funds in this appropriation.
Provided, that of the above appropriation, the Department of Human Resources is authorized to pro vide treatment for eye disorders, provided that treat ment 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 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 reim burse for the purchase or lease of equipment, or pur chase or reimburse for the purchase of drugs and medical treatment 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 publicly funded program and are determin ed to need support from the State.
It is the intent of this General Assembly that the State shall provide no more than 50 percent of Mercer Medical College's total operating cost. Provided fur ther, quarterly expenditure reports and certified an nual audits shall be provided to the State Auditor and General Assembly on a timely basis.

FRIDAY, FEBRUARY 20, 1981

807

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
719,731 39,458 16,359 6,000 2,701 15,000 71,916 24,000 191,100 4,000
1,090,265 --0--
713,865 376,400
33 0
719,731 39,458 16,359 6,000 2,701 15,000 71,916 24,000 191,100 4,000 33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions .................$ 230,414,177

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

7,162,669 1,085,475
11,487 35,000
5,000 58,735 65,200
--0-- 72,700 224,850

808

JOURNAL OF THE SENATE

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

257,000 8,320
387,000 500,000 9,873,436 1,076,510
60,000 8,736,926
498 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

9,368,219 1,480,470
15,916 60,400
9,300 112,615 112,000
--0-- 111,000 130,125 307,000
10,000 --0--
513,000 12,230,045
1,769,599 93,000
10,367,446 632 28

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

7,331,268 813,310 14,318 --0--
1,900 44,670 97,000
--0-- 77,370 125,590 315,000
6,500 500,000 197,089 9,524,015 899,225
85,000

FRIDAY, FEBRUARY 20, 1981

809

State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

8,539,790 496 22

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

6,530,354 760,795 14,067 --0-- 4,575
72,885 82,240
--0-- 68,310 50,845 285,500 10,700 646,500 600,000 9,126,771 831,617 75,000 8,220,154
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 DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

8,890,211 987,335 12,317 40,350 1,200 44,116 100,000 --0-- 74,800 40,975 800,000 6,700 93,450 853,5QO
11,944,954 2,129,472
85,000 9,730,482
652 45

810

JOURNAL OF THE SENATE

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 .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1980 Total Positions Budgeted--
June 30, 1981 Authorized Motor Vehicles

24,259,587 2,865,915 11,687 91,900 5,380 542,995 64,000 --0-- 211,520 110,320 1,065,400 13,200 685,703
29,927,607 12,650,670
155,000 17,121,937
1,860
1,798 110

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 .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

15,119,969 1,710,560 17,989 72,340 5,300 340,455 108,000 --0-- 120,440 245,590 738,000 14,000 228,000
18,720,643 3,960,335
90,000 14,670,308
1,120 53

8. Georgia Retardation Center Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. .:.............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

13,058,708 2,421,065
14,118 37,500
6,080 118,845

FRIDAY, FEBRUARY 20, 1981

811

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

146,000
--0-- 122,280 117,945 801,000
9,385 794,000 149,200 17,796,126 8,399,292 100,000 9,296,834
923 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

7,554,544 957,680 15,336 59,000 5,595 106,499 125,331 --0-- 157,725 568,675 945,900 11,900 450,000 --0--
10,958,185 1,173,281 193,000 9,591,904 520 20

10. Central State Hospital Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ............................... Motor Vehicle Equipment Purchases ....... Publications and Printing. ................ Equipment Purchases ................... Computer Charges...................... I Real Estate Rentals. ..................... Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Authority Lease Rentals. .................$ Capital Outlay .........................$

59,309,155 8,179,625 21,518 123,000 42,580 460,751 492,240 --0-- 436,900 206,820 3,450,000 42,500 786,000 300,000

812

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1980 Total Positions Budgeted--
June 30, 1981 Authorized Motor Vehicles

73,851,089 14,602,236
589,000 58,659,853
4,241
4,172 216

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

9,996,184 1,226,152
6,308 47,475
3,000 53,935
--0-- --0-- 88,065 120,000 611,000 18,465 251,000 12,421,584 335,000 12,086,584
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. .....................$ 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

4,893,296 798,755 11,087 34,000 2,200 48,825 --0-- --0-- 46,835 61,200 350,390 8,085 792,500
789,800 7,836,973
210,085 7,626,888
383 32

FRIDAY, FEBRUARY 20, 1981

813

13. Community Mental Health/ Mental Retardation Services Budget:

Personal Services. ......................$ 7,134,141

Regular Operating Expenses ..............$ 542,384

Travel. ...............................$

46,094

Motor Vehicle Equipment Purchases .......$

27,500

Publications and Printing. ................$

6,330

Equipment Purchases ...................$

24,755

Computer Charges ......................$

--0--

Real Estate Rentals. .....................$

72,760

Telecommunications ....................$

28,510

Per Diem, Fees and Contracts .............$

199,300

Utilities ..............................$

14,800

Postage ...............................$

1,500

Drug Abuse Contracts ...................$ 779,895

Day Care Centers for the

Mentally Retarded ....................$ 37,113,476

MR Day Care Center Motor

Vehicle Purchases. ......,.............$ 567,500

Developmental Disability

Services Chiefs .......................$ 647,576

Group Homes for the

Mentally Retarded ....................$ 3,129,050

Supportive Living Staff ..................$ 875,517

Supportive Living Benefits ...............$ 1,577,875

Georgia State Foster

Grandparent/Senior

Companion Program ..............,...$ 509,000

Community Residential Services Staff. ......$ 933,980

Community Residential

Services. ............................$ 1,342,750

Community Mental Health

Center Services .......................$ 48,005,560

Project Rescue .........................$ 225,190

Contract with Fulton County

for Forensic Services. ..................$

90,000

Group Homes

for Autistic Children. ..................$

80,000

Project ARC ...........................$

120,000

Uniform Alcoholism Projects .............$ 1,537,656

Total Funds Budgeted ...................$ 105,633,099

Title XX Funds. ........................$ 21,486,529

Agency Funds .........................$ 36,022,691

State Funds Budgeted ...................$ 48,123,879

Total Positions Budgeted

418

Authorized Motor Vehicles

800

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds Mental Health Community
Assistance. ..............$ 4,338,902

State Funds Pos. $ 4,255,952 232

814

JOURNAL OF THE SENATE

Outdoor Therapeutic Program ................$ 649,132
Mental Retardation
Community Assistance ....$ 1,323,918 Central Pharmacy ..........$ 106,168
Metro Drug Abuse Centers ...$ 959,536 Developmental Disability
Service Chiefs. ...........$ 647,576 Day Care Centers for the
Mentally Retarded ........$ 37,916,475 Supportive Living ..........$ 2,300,032 Group Homes for the
Mentally Retarded ........$ 3,191,800 Georgia State Foster
Grandparent/Senior Companion Program ......$ 509,000 Community Residential Services ................$ 2,213,980 Project Rescue. ............$ 225,190 Drug Abuse Contracts .......$ 1,055,994 Project ARC.... ...........$ 120,000 Community Mental Health Center Services. ..........$ 46,119,300 Uniform Alcoholism Projects .$ 1,537,656 Undistributed .............$ 2,418,440 Total. ....................$ 105,633,099

$ 649,132 24

$ 1,323,918 64

$ 106,168

3

$ 355,756 47

$ 647,576

0

$ 16,808,865 21

$ 2,300,032

0

$ 3,191,800

0

$ 509,000

0

$ 1,813,980

0

$

76,390

0

$ 228,165

0

$ 120,000

0

$ 15,289,326 21

$ 1,537,656

0

$ (1,089,837)

6

$ 48,123,879 418

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

6,267,716
404,329 288,447
14,000 2,670 10,000 --0-- 243,500 155,030 --0-- 25,700 14,800 15,000 7,441,192 7,441,192
388 19

Community Youth Services Functional Budgets

Total Funds Group Homes .............$ 403,383 Community Detention ......$ 540,059 DayCenters. ..............$ 464,146

State Funds Pos.

$ 403,383

22

$ 515,059

15

$ 464,146

24

FRIDAY, FEBRUARY 20, 1981

815

Community Treatment Centers .................$
Court Services .............$ Runaway Investigations .....$ Interstate Compact .........$ Undistributed .............$ Total. ....................$

1,405,892 4,107,956
309,233 54,133 156,390
7,441,192

$ 1,405,892

82

$ 4,107,956 227

$ 309,233

15

$ 54,133

3

$ 181,390

0

$ 7,441,192 388

15. Regular Operating Expense Reserve Budget:
Regular Operating Expense ...............$ Total Funds ...........................$ State Funds. ...........................$

200,000 200,000 200,000

Budget Unit Object Classes:

Personal Services .......................$ 186,876,021

Regular Operating Expenses ..............$ 24,433,850

Travel. ...............................$ 500,689

Motor Vehicle Equipment Purchases .......$ 642,465

Publications and Printing. ................$

101,110

Equipment Purchases ...................$ 2,040,081

Computer Charges. .....................$ 1,392,011

Real Estate Rentals. .....................$ 316,260

Telecommunications ....................$ 1,771,485

Per Diem, Fees and Contracts .............$ 2,202,235

Utilities ..............................$ 9,966,690

Postage...............................$

176,055

Capital Outlay .........................$ 3,796,942

Authority Lease Rentals. .................$ 4,930,000

Grants to County-Owned

Detention Centers. ....................$ 789,800

Drug Abuse Contracts ...................$ 779,895

Day Care Centers for the

Mentally Retarded ....................$ 37,113,476

MR Day Care Center Motor

Vehicle Purchases. ....................$ 567,500

Developmental Disability

Services Chiefs .......................$ 647,576

Group Homes for the

Mentally Retarded ....................$ 3,129,050

Supportive Living Staff ..................$ 875,517

Supportive Living Benefits ...............$ 1,577,875

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 509,000

Community Residential

Services Staff. ........................$ 933,980

Community Residential Services. ..........$ 1,342,750

Contract with Fulton County

for Forensic Services. ..................$

90,000

Group Homes

for Autistic Children. ..................$

80,000

Community Mental Health

Center Services. ......................$ 48,005,560

816

JOURNAL OF THE SENATE

Project Rescue .........................$ Project ARC ...........................$ Uniform Alcoholism Projects .............$ Child Care Benefits .....................$ Total Positions Budgeted--
July 1,1980 Total Positions Budgeted--
June 30, 1981 Authorized Motor Vehicles
Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, excluding federal grants where prohibited, shall be ex pended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. 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 Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collec tions 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 that the Department is given the flexibili ty in the Community Residential Services Program to use benefits to contract with private home providers for service or to provide (through local Health Depart ments) small group living situations for clients; and fur ther provided that these residential services are available to clients residing in the community as well as those returning to their communities from the in stitution.
Provided, that within funds available for Personnel Services at Central State Hospital, the Department of Human Resources is authorized to adjust Merit System pay grades for security attendants in the Forensic Ser vices programs at Central State Hospital subject to the approval of the State Merit System of Personnel Administration.
Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers

225,190 120,000 1,537,656
15,000
13,289
13,158 1,530

FRIDAY, FEBRUARY 20, 1981

817

without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is pro vided the flexibility to contract with private home pro viders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
It is the intent of this General Assembly that fund ing for the MR Day Training Centers be distributed to local boards of health and private contractors based on the number of clients served.
It is the intent of this General Assembly that Cen tral State Hospital is authorized to establish a Stipend Training Program. Provided further, that Central State Hospital may utilize up to 5 positions in this profes sional training program.

Section 27. 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. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$

9,407,682
563,519 9,050
39,000 --0--
15,500 540
--0-- --0-- --0-- 1,500 629,109 629,109
23
272,316 4,100 2,500 --0-- 10,000 31,050 7,078 --0--

818

JOURNAL OF THE SENATE

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 ..................$ Appalachian Regional Commission. ........$ 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 .............$ Postage ...............................$

-- 0-- 10,000 337,044 337,044
14
551,596 67,200 57,900 --0--
241,300 1,575
20,500 --0-- --0--
72,970
35,000 30,000 1,078,041 1,042,841
30
1,200,340 289,390 34,000 --0-- --0-- 8,000 --0-- --0-- 14,418 4,990 --0-- 95,000
1,646,138 1,602,285
99
534,457 289,100
18,000 8,500 48,000 1,000 5,288 171,000 110,082 15,000 184,000

FRIDAY, FEBRUARY 20, 1981

819

Georgia Ports Authority -- Authority Lease Rentals ................$
Georgia Ports Authority -- General Obligation Bond Payments ...........................$
Atlanta Council for International Visitors ..................$
Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ Atlanta Convention and
Business Bureau ......................$ Georgia World Congress Center-
Operating Expenses ...................$ Georgia World Congress Center
Marketing Program ...................$ 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. .....................$ Telecommunications ....................$ 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:
Personal Services .......................$ 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 .........................$

2,595,000
500,000
20,000 25,000 10,000
2,500
350,000
100,000 4,986,927 3,659,627
25
422,614 39,700 73,500 --0-- 13,500 1,400 20,662 39,000 23,000 91,000
724,376 724,376
13
1,412,400 1,412,400 1,412,400
0
3,544,842 698,540 224,900 8,500 328,300 43,565 53,528 210,000 147,500 195,460 184,000 --0--

820

JOURNAL OF THE SENATE

Local Welcome Center Contracts ..........$ Advertising ...........................$ Georgia Ports Authority --
Authority Lease Rentals ................$ Georgia Ports Authority --
General Obligation Bond Payments ...........................$
Historic Chattahoochee Commission Contract ..................$
Atlanta Council for International Visitors ..................$
Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ Appalachian Regional Commission. ........$
Atlanta Convention and Visitors Bureau .......................$
Georgia World Congress CenterOperating Expenses ...................$
Georgia World Congress Center Marketing Program ...................$
Total Positions Budgeted Authorized Motor Vehicles

95,000 1,412,400
2,595,000
500,000
35,000
20,000 25,000 10,000 30,000
2,500
350,000
100,000 204 21

For general administrative cost of operating the Department of Industry and Trade, including advertis ing expense.

B. Budget Unit: Authorities .................$

--0--

1. Georgia World Congress Budget:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Georgia World Congress Center
Marketing Program ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,485,829 866,900 15,000 --0-- 15,000 30,000 1,080 --0-- 39,240 135,960
100,000 3,689,009
--0-- 120

2. Georgia Ports Authority Budget:
Personal Services .......................$ Regular Operating Expenses
and Computer Charges. ................$ Travel. ...............................$ Motor Vehicle Equipment Purchases,
Equipment Purchases and Capital Outlay ....................$

17,060,582 5,931,176
309,977
5,379,000

FRIDAY, FEBRUARY 20, 1981

821

Publications and Printing. ................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Repayments for State General
Obligation Bonds and Authority Lease Rental Obligations ...............$ Per Diem, Fees and Contracts .............$ Other Debt-Service Payments .............$ Capital Reinvestment ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

77,000 70,800 215,783
1,662,000 862,950 522,000
2,689,514 34,780,782
--0-- 720

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 .............$ 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 .............$ Capital Reinvestment ...................$ Georgia World Congress Center Marketing Program ...................$ Total Positions Budgeted Authorized Motor Vehicles

19,546,411 866,900 324,977 --0-- 92,000 30,000 1,080 70,800 255,023 998,910
5,931,176
5,379,000
1,662,000 522,000
2,689,514
100,000 840 36

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Of fice 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 remittance to the State Treasury during the next twen ty years, the full amount of Capital Outlay authorized

822

JOURNAL OF THE SENATE

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.
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 28. 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
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
B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............$

709,859
557,417 10,410
124,941 --0-- 3,500 200 --0-- 7,591 5,050 750
709,859 709,859
29
557,417 10,410
124,941 --0-- 3,500 200 --0-- 7,591 5,050 750 29
2,613,052

FRIDAY, FEBRUARY 20, 1981

823

1. Basic Employment Security and W.I.N. Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

33,463,560 2,717,800 1,107,424
--0-- 20,800 1,000,000 805,000 1,650,889 830,320 2,129,000 700,000
--0-- 44,424,793
1,211,008 1,632

2. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services .......................$ 10,308,277

Regular Operating Expenses ..............$ 2,069,306

Travel. ...............................$ 585,000

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

15,000

Equipment Purchases ...................$

150,000

Computer Charges ......................$ 220,000

Real Estate Rentals. .....................$ 344,760

Telecommunications ....................$ 235,400

Per Diem, Fees and Contracts (CETA) .......$ 500,000

CETA Direct Benefits. ...................$ 100,000,000

Total Funds Budgeted ...................$ 114,427,743

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

1,233,042 35,240 40,307 --0-- 100 500 2,975 51,280 20,600 18,000
1,402,044 1,402,044
62

824

JOURNAL OF THE SENATE

Budget Unit Object Classes:

Personal Services .......................$ 45,004,879

Regular Operating Expenses ..............$ 4,822,346

Travel. ...............................$ 1,732,731

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

35,900

Equipment Purchases ...................$ 1,150,500

Computer Charges. .....................$ 1,027,975

Real Estate Rentals. .....................$ 2,046,929

Telecommunications ....................$ 1,086,320

Per Diem, Fees and Contracts (CETA) .......$ 500,000

Per Diem, Fees and Contracts .............$ 2,147,000

W.I.N. Grants .........................$ 700,000

CETA Direct Benefits. ...................$ 100,000,000

Capital Outlay .........................$

--0--

Total Positions Budgeted

2,144

Authorized Motor Vehicles

5

Section 29. Department of Law.

Budget Unit: Department of Law. ...........$ 3,649,217

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

3,087,366 168,950 76,311 --0-- 30,000 8,950 100 42,000 293,480 69,260 30,000 --0--
3,806,417 3,649,217
116

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

3,087,366 168,950 76,311 --0-- 30,000 8,950 100 293,480 69,260 30,000 42,000 --0-- 116 1

FRIDAY, FEBRUARY 20, 1981

825

For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Ex ecutive Branch of State Government, shall be paid from this fund. No other agency is authorized to ex pend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimburse ment to the Department of Law as provided by law.
Provided, however, that of the above appropria tion relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.
Budget Unit: Medicaid Services ..............$ 175,671,693

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. ..............................$ Utilities ..............................$ Audits Contracts .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,120,734 62,855 49,715 --0-- 5,480 9,240 --0-- 62,343 35,230 25,000 3,400 15,595 30,000
1,419,592 677,276 64

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

854,438 79,313 10,378 --0-- 20,050 4,870 69,400 118,321 30,010
270,100 46,850

826

JOURNAL OF THE SENATE

Utilities ..............................$ Audits Contracts .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

17,071 546,500 2,067,301 789,400
46

3. Program Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Utilities ..............................$ Contract with Georgia Medical
Care Foundation ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,290,296 63,620 39,091 --0-- 32,800 7,690 --0-- 47,626 58,310 134,000 --0-- 9,170
1,440,000 3,122,603 1,234,010
79

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 ...............................$ Utilities ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,634,848 68,461 8,615 --0-- 11,470 3,515
7,048,000 66,213 69,760 --0--
626,320 22,880
9,560,082 1,000,000 7,104,306 1,455,776
119

5. Benefits Payments Budget:

Medicaid Benefits ......................$ 546,734,900

Payments to Counties

for Mental Health .....................$ 9,416,606

Total Funds Budgeted ...................$ 556,151,506

State Funds Budgeted ...................$ 171,515,231

Total Positions Budgeted

0

FRIDAY, FEBRUARY 20, 1981

827

Budget Unit Object Classes:

Personal Services .......................$ 4,900,316

Regular Operating Expenses ..............$ 274,249

Travel. ...............................$

107,799

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

69,800

Equipment Purchases ...................$

25,315

Computer Charges ......................$ 7,117,400

Real Estate Rentals. .....................$ 294,503

Telecommunications ....................$ 193,310

Per Diem, Fees and Contracts .............$ 429,100

Postage ...............................$ 676,570

Utilities ..............................$

64,716

Medicaid Benefits ......................$ 546,734,900

Payments to Counties for

Mental Health. .......................$ 9,416,606

Audits Contracts .......................$ 576,500

Contract with Georgia

Medical Care Foundation ...............$ 1,440,000

Total Positions Budgeted

308

Authorized Motor Vehicles

5

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 appropria tions were made, and such reserves shall not be subject to lapse.

Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.

Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .......$

4,043,896

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

708,422 16,860 12,645 --0-- 48,700 1,955
421,348 785
12,600 7,500

828

JOURNAL OF THE SENATE

Postage ...............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted
2. Classification and Compensation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted
3. 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

68,000 1,298,815 1,291,615
41
390,734 4,631 2,335 --0-- 7,135 1,570
128,983 --0-- 5,500 3,500 2,300
546,688 543,822
20
256,538 4,605 1,265 --0-- 500 775
227,620 --0-- 4,300 --0-- 1,000
496,603 487,603
14
353,607 16,580 15,805 --0-- 10,940 2,440 17,509 --0-- 5,400 107,189 3,200
532,670 511,831
19

FRIDAY, FEBRUARY 20, 1981

829

5. Health 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 .............$ Postage ...............................$ Total Funds Budgeted ...................$ Other Health Insurance
Agency Funds........................$ Employer and Employee
Contributions ........................$ Total Positions Budgeted

370,089 9,702 3,500 --0-- 6,800 2,985
549,625 22,470 28,000 2,632,264 22,000 3,647,435
--0--
3,647,435 23

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-- 1,962,682 --0-- 92,000,000 93,962,682 --0-- 93,962,682
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 ...................$

578,768 12,550 3,160 --0-- 5,000 2,381 47,520 --0-- 7,575 6,195 2,500
335,400 1,001,049

830

JOURNAL OF THE SENATE

Agency Assessments ....................$ Employer and Employee Contributions .....$ Deferred Compensation .................$ Total Positions Budgeted

524,988 107,170
9,896 35

8. Commissioner's Office Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Agency Assessments .......... .........$ Total Positions Budgeted

390,363 28,028 9,000 --0-- 23,100 2,150 --0-- 178,951 6,000 43,045 3,400
684,037 684,037
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

3,048,521 92,956 47,710 --0-- 102,175 14,256
1,392,605 202,206 69,375
4,762,375 102,400
335,400 92,000,000
167 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 eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources. $ 45,346,417

FRIDAY, FEBRUARY 20, 1981

831

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 .............$ Postage ...............................$ Capital Outlay-Heritage Trust ............$ Total Funds Budgeted ...................$ Receipts from Jekyll Island
State Park Authority and Stone Mountain Memorial Association ..........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,867,051 190,909 25,543 --0-- 184,900 2,550 140,950 140,362 70,000 83,145 90,000 175,000
2,970,410
45,000 2,925,410
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 .............$ Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition .................$ Total Funds Budgeted ...................$ Income from Timber Sales. ...............$ State Funds Budgeted ...................$ Total Positions Budgeted

9,014,400 2,900,041
90,765 379,600
66,600 517,273
37,562 40,259 183,474 90,437 59,516
7,000
276,293 107,849
--0--
330,000 14,101,069
100,000 11,624,513
449

3. Parks, Recreation and Historic Sites Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

7,522,156 3,414,201
116,664 197,886

832

JOURNAL OF THE SENATE

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 ..............$ Total Funds Budgeted ...................$ Income from Timber Sales. ...............$ State Funds Budgeted ...................$ Total Positions Budgeted

127,720 202,390
42,329
110,498 219,430 240,522
52,768 590,000 2,016,922 250,000 739,010 2,533,000 6,500,000 530,000 500,000 121,000
50,000 26,076,496
150,000 13,697,468
411

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

7,222,168 546,425 277,850 40,079 72,500 41,199 197,750 392,001 155,873
1,012,121 59,507
1,600,000 6,000,000
212,775
125,000 17,955,248 14,699,214
335

5. Dam Safety Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$

118,830 13,010 8,000 --0-- 2,500 3,350 1,000

FRIDAY, FEBRUARY 20, 1981

833

Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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 ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Capital Outlay .........................$ Capital Outlay--Repairs
and Maintenance .....................$ 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. The Great Park Authority Budget:
Payments to The Great Park Authority for Operations ...............$

6,000 2,000 20,000
100 174,790 174,790
5
676,947 188,364 20,307 24,339 29,360 24,677
18,260 --0--
24,612 5,300 15,000 10,000
7,000 1,044,166
850,073 27
486,889
517,683 1,004,572 1,004,572
0
--0--
--0-- --0-- --0--
0
270,377

834

JOURNAL OF THE SENATE

Payments to The Great Park Authority for Capital Outlay. ............$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

100,000 370,377 370,377
0

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Land and Water Conservation Grants .......$ Recreation Grants ......................$ 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 The Great Park Authority for Operations..... .............$ Payments to The Great Park Authority for Capital Outlay. ............$ Grants to Local Governments .............$ Georgia Sports Hall of Fame ..............$

26,421,552 7,252,950 539,129 641,904 483,580 791,439 437,851 689,120 655,389 1,451,525 276,891 6,500,000 530,000
500,000 6,000,000 1,600,000
212,775
125,000 7,000
707,849
2,300,215 250,000 175,000
2,533,000 739,010
486,889
517,683
--0--
--0-- 121,000
270,377
100,000 --0--
50,000

FRIDAY, FEBRUARY 20, 1981

835

Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................$
Total Positions Budgeted Authorized Motor Vehicles

330,000 1,319 986

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 Natural Resources is authorized and directed to use the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities.

Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available 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 alloca tion of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

B. Budget Unit: Authorities ..........................$

--0--

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

1,212,624 488,407 3,500 18,400 40,405 75,385 --0-- --0-- 20,352 30,000 640,366 5,386 --0--
2,534,825 --0-- 59

836

JOURNAL OF THE SENATE

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 ....................$ Payments to the Department
of Natural Resources ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. The Great 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 .............$ 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 ............................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Promotion Expense .....................$ Campground Sinking Fund ...............$

1,979,009 1,265,476
15,700 61,000 35,855 91,245 14,000
--0-- 30,588 65,002
--0-- 19,100
--0--
20,000 3,596,975
--0-- 155
50,877 3,000 2,000 7,500 1,000 4,000 --0-- 1,600 400
200,000 100,000 370,377
--0-- 6
3,242,510 1,756,883
21,200 86,900 77,260 170,630 14,000
1,600 51,340 295,002 759,466
--0-- 5,386

FRIDAY, FEBRUARY 20, 1981
Payments to the Department of Natural Resources ..................$
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 Investment Commission.

837
20,000 --0-- 220 92

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation ........................$ 96,776,328

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

3,994,630 209,575 85,200 --0-- --0-- 39,000 441,212 225,000 142,575 405,000 --0--
5,542,192 5,542,192
216

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

1,111,829 105,448 1,000 --0-- --0-- 11,992 --0-- --0-- 10,735 20,000 89,000
1,350,004 1,350,004
68

838

JOURNAL OF THE SENATE

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 ..............................$ Capital Outlay .........................$ 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 Positions Budgeted
5. Georgia Diagnostic and Classification Center Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted .............,.....$ State Funds Budgeted ...................$ Total Positions Budgeted

3,899,467 404,557 3,520 --0-- --0-- 220,616 --0-- 35 33,000 6,192 341,000 17,000
4,925,387 4,925,387
258
1,083,560 69,104 2,200 --0-- --0-- 19,741 --0-- --0-- 3,085 --0-- -0-
1,177,690 955,690 51
4,191,183 490,566 2,530 --0-- --0-- 55,543 --0-- --0-- 37,160 26,170 336,500
5,139,652 5,139,652
281

FRIDAY, FEBRUARY 20, 1981

839

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

8,838,509 941,671 6,500 --0-- --0-- 114,466 --0-- --0-- 54,540 51,600 835,000 --0--
10,842,286 10,810,286
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

3,332,044 313,435 5,300 --0-- --0-- 24,519 --0-- --0-- 39,188 55,520 245,000
4,015,006
3,843,006 221

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

1,567,265 163,047 2,000 --0-- --0-- 54,799 --0-- --0-- 15,888 8,820 160,000
1,971,819 1,971,819
122

9. Montgomery Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

965,707 123,413
1,600

840

JOURNAL OF THE SENATE

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

--0-- --0-- 14,531 --0-- --0-- 13,520 14,640 102,500 --0-- 1,235,911 1,227,911
61
957,700 135,194
2,400 --0-- --0-- 19,923 --0-- --0-- 16,260 20,400 98,600 1,250,477 1,245,477
64

11. Middle Georgia Correctional Institution -- Women's Unit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,635,077 92,476 --0-- --0-- --0-- 2,516 --0----0-- --0-- 7,500 -0--
1,737,569 1,737,569
114

12. Jack T. Rutledge Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

2,140,692 212,033 2,000 --0--

FRIDAY, FEBRUARY 20, 1981

841

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. Middle Georgia Correctional Institution -- Youthful Offender Unit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
14. Central 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
15. Middle Georgia Correctional Institution -- Men's Unit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

--0-- 13,227
-- 0-- --0-- 12,000 19,200 180,000 2,579,152 2,579,152
147
3,384,737 493,975 5,600 --0-- --0-- 21,848 --0-- 3,300 63,200 12,000 189,700
345,000 4,519,360 4,519,360
236
1,941,617 200,012 2,700 --0-- --0-- 7,815 --0-- --0-- 12,700 11,400 158,000
2,334,244 2,334,244
139
1,582,374 95,731 -0-

842

JOURNAL OF THE SENATE

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 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
17. Coastal 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

--0-- --0-- --0-- ---0-- --0-- -- 0-- 16,500 -0--
--0-- 1,694,605 1,694,605
107
1,440,191 269,346 5,400 --0-- --0-- 168,036 --0-- --0-- 20,700 70,200 150,000 --0--
2,123,873 2,123,873
154
1,327,939 592,020 5,400 --0-- --0-- 580,554 --0-- 13,200 20,700 21,300 150,000 --0--
2,711,113 2,641,113
158

FRIDAY, FEBRUARY 20, 1981

843

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

398,965 26,995 20,000
--0-- --0-- --0-- --0-- 4,200 15,319 --0-- -0465,479 465,479
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

767,977 1,328,001
58,048 384,100 137,500
32,609 --0-- --0--
55,000 891,885 410,000 840,000
--0-- 250,000 450,000 4,624,550 383,250 1,321,017 610,000
977,200
1,148,300 1,515,000 16,184,437 16,017,736
9

20. Training and Staff Development Center Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ..........".....................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

523,901 116,937 60,000
--0-- 660

844

JOURNAL OF THE SENATE

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
23. Farm Operations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

6,595 --0-- 30,000 7,250 --0-- 16,000 761,343 456,371
30
399,035 8,943 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
407,978 --0-- 26
1,833,611 3,370,185
3,500 --0-- .--0-- 210,000 --0-- --0-- 5,000 --0-- --0-- --0--
1,317,200
25,000 6,764,496 6,396,788
148
459,069 2,680,555
--0-- --0--

FRIDAY, FEBRUARY 20, 1981

845

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

-- 0-- 313,530
--0-- --0-- --0-- 6,600 --0-- --0-- 3,459,754 3,419,754
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

9,764,618 205,635 300,000 --0-- --0-- 38,730 --0-- 200,000 155,000 --0-- 6,000
10,669,983 10,669,983
638

25. Transitional 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

1,786,170 164,684 9,450 --0-- --0-- 9,465 --0-- 219,200 28,300 37,644 187,700 --0--
2,442,613 2,441,879
120

26. Diversion Centers Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

1,993,096 168,645 16,000 --0-- --0-- 35,035

846

JOURNAL OF THE SENATE

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 196,196 32,300
13,026 112,700 2,566,998 2,266,998
145

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Payments to Central State
Hospital for Meals ....................$ Payments to Central State
Hospital for Utilities ...................$ Overtime .............................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ 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

61,320,963 12,982,183
600,348 384,100 138,160 2,015,090 441,212 891,131 793,420 1,715,597 3,767,700
1,317,200
370,000 --0--
250,000 450,000 4,624,550 383,250 1,321,017
977,200 610,000
1,148,300 840,000
1,532,000 4,169 460

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.

FRIDAY, FEBRUARY 20, 1981

847

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 Jail Subsidy .....................$ 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 .............$ County Jail Subsidy .....................$ 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

4,272,807
4,051,308 111,954 231,503 --0-- 16,733 15,646 --0-- 114,703 93,400 20,690 54,750
4,710,687 4,272,807
237
4,051,308 111,954 231,503 --0-- 16,733 15,646 --0-- 114,703 93,400 20,690 54,750 237 2
--0--
1,231,244 513,300 28,600 97,000 15,000 208,000 2,600 22,000 34,550 26,200
5,307,000 84,000
468,725 8,038,219
--0-- 66

848

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 .............$ Cost of Sales ...........................$ Repayment of Prior Year's Appropriations ... $ Capital Outlay .........................$ Total Positions Budgeted Authorized MotorVehicles

1,231,244 513,300
28,600 97,000 15,000
208,000
2,600 22,000 34,550 26,200 5,307,000 84,000 468,725
66 16

Section 34. 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

40,894,096
352,251 18,900 17,000 6,000 6,150 2,650 11,899 28,918 12,600 35,000 4,500
495,868 120,168
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 ...................$ Indirect DO AS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

2,071,370 259,192 99,300 --0-- 311,500 37,000 249,147 --0-- 70,000 65,460 1,800
3,164,769 249,147
2,747,318 127

FRIDAY, FEBRUARY 20, 1981

8 49

3. Financial and Procurement Budget:
Personal Services .......................$ 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. ...............................I 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

355,376 16,177 2,000 --0-- 3,000 2,000 --0-- --0-- 9,500 --0-- 2,000
390,053 --0--
390,053 19
1,704,970 100,997 12,950 --0-- 536,040 10,000
1,503,853 --0--
51,000 4,500 401,808 180,000 --0-- 4,506,118 1,250,853 3,210,265
112
488,589 41,250
4,000 --0-- 4,000 3,000 --0-- --0-- 17,000 --0--
300 558,139 558,139
28

850

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

759,728 808,532
2,700 835,864
93,200 10,000 10,000
--0-- 20,000
6,000 70,000 2,616,124 2,616,124
42

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

22,793,511 4,171,626 23,047 312,000 187,010 262,321 --0-- 8,094 511,803 7,400 75,490 15,000
28,367,302
28,092,302 1,115

8. 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

534,153 1,706,490
24,700 29,260 37,580
2,235 31,448 33,876 16,780 16,500 4,000 2,437,022 2,212,022
25

FRIDAY, FEBRUARY 20, 1981
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
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
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

851
378,449 127,600
6,000 --0-- 12,000 4,375 --0-- --0-- 8,000 146,000 2,000 684,424 449,424
16
231,573 36,289 10,500 --0-- 2,500 --0-- --0-- 15,182 5,882 70,800 3,750
376,476 359,476
12
91,565 8,540 8,800 --0-- 3,500 5,000 --0-- 3,000 3,000 3,000 900
127,305 127,305
4

852

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

84,564 11,420 4,000
--0-- 2,100 --0-- --0-- 4,883 2,250 2,600 --0-- 111,817 -0-
3

13. Georgia Public Safety Training Facility 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 .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Motor Vehicles

10,000 750 750
--0-- --0-- --0-- --0-- --0-- --0-- --0-- 11,500 11,500
1 0

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .-......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Conviction Reports .....................$ Capital Outlay .........................$ Total Positions Budgeted .................$ Authorized Motor Vehicles ...............$

29,856,099 7,307,763 215,747 1,183,124 1,198,580 338,581 1,806,347 93,953 727,815 357,260 566,648 180,000 15,000 1,520 1,037

FRIDAY, FEBRUARY 20, 1981

853

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropria tion 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 other wise placed a part of a State of Georgia Contract. Pro vided, further, that the development of said specifica tions shall be submitted to the Purchasing 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.

Section 35. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ....................$ 11,365,435

Departmental Operations Budget:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

147,335 11,218,100 11,365,435 11,365,435

854

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$

147,335 11,218,100

Section 36. Public Service Commission.

Budget Unit: Public Service Commission .........................$ 3,233,212

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

679,904 15,825
13,225 --0-- 850 850 --0--
64,275 27,200
500 802,629 802,629
26

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

829,721 119,556 47,175
--0-- 5,650 20,200 --0-- 40,268 19,500 3,500 1,085,570 1,085,570
46

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

901,544 42,665 66,350
--0-- 1,400 15,700 2,500 42,005 31,000 318,000 1,421,164 1,345,013
47

FRIDAY, FEBRUARY 20, 1981

855

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

2,411,169 178,046 126,750 --0-- 7,900 36,750 2,500 146,548 77,700 322,000 119 26

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions .......$ 444,194,786

1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ 337,792,669 Sponsored Operations .................$ 56,450,938
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ 83,181,459 Sponsored Operations .................$ 43,685,655
Office of Minority Business Enterprise ...................$ 100,000
Special Desegregation Programs ...........$ 250,000 Satellite Medical Facility
Program ............................$ 500,000 Teachers' Retirement. ...................$ 37,439,358 Authority Lease Rentals. .................$ 20,859,000 Capital Outlay ................ ..........$ 6,780,000 Total Funds Budgeted ...................$ 587,039,079

Less Agency Funds:

Departmental Income ...................$ 9,497,000

Sponsored Income ......................$ 100,136,593

Other Funds ...........................$ 93,370,000

Auxiliary Income .......................$ 2,777,000

Indirect Communication Charges ..........$ 3,027,300

State Funds Budgeted ...................$ 378,231,186

Total Positions Budgeted

15,633

Provided, that from appropriated funds in A, the amount of $20,859,000 in F.Y. 1981 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

856

JOURNAL OF THE SENATE

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately report the same to the State Budget authorities for ap proval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.
Provided, that revenue from student fees which ex ceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. 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, $5,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.

FRIDAY, FEBRUARY 20, 1981

857

Provided, further, it is the intent of this General Assembly that the 1 Vz% Personal Services continua tion factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 Vz% 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
3. Skidaway Institute of Oceanography 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
4. Marine Institute Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$

471,538 -- 0--
269,950 --0--
741,488
--0-- --0-- 112,000 9,800 619,688
21
641,549 600,000
482,500 491,000 2,215,049
--0-- 1,091,000
284,014 --0--
840,035 33
301,348 387,711

858

JOURNAL OF THE SENATE

Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Total Funds Budgeted ...................$

216,300 208,768 1,114,127

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 596,479
10,000 --0--
507,648 18

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

6,785,249 17,702,237
5,644,100 14,523,181
60,000 44,714,767

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 32,225,418
8,190,301 117,600
4,181,448 273

6. Engineering Extension Division Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$ Advanced Technology Development Center .................$
Total Funds Budgeted ...................$

838,246 35,000
423,100 15,000
260,000 1,571,346

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$

--0-- 50,000 834,966

FRIDAY, FEBRUARY 20, 1981

859

Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

12,200 674,180
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 ...................$

14,936,752 1,600,000
6,055,800 1,400,000
103,000 24,095,552

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 3,000,000 5,217,902
95,900 15,781,750
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. .......................$
Total Funds Budgeted ...................$

17,504,305 4,050,000
2,662,150 1,350,000
50,000 25,616,455

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 5,400,000 4,690,000
126,700 15,399,755
911

9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$

33,205,048 2,100,000

860

JOURNAL OF THE SENATE

Operating Expenses: Education, General and Departmental Services ...............$ Sponsored Operations .................$ Capital Outlay -- ETMH Renovations. .......................$
Total Funds Budgeted ...................$

15,291,155 700,000
2,300,000 53,596,203

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Board of Corrections ....................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

867,019 2,800,000 25,330,439 1,237,417
193,500 23,167,828
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 ...................$

969,380 --0--
333,700 --0--
1,303,080

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- 1,303,080
33

11. Family Practice Residency Program Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$
Capitation Contracts for Family Practice Residency ..............$
Residency Capitation Grants. .............$ New Program Development Contracts
for Family Practice Residency ...........$ Student Preceptorships ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

91,079
85,700
984,000 1,593,750
400,000 135,000 3,289,529 3,289,529
4

FRIDAY, FEBRUARY 20, 1981

861

Provided, that of the above appropriation, $135,000 is designated and committed for contracts with medical schools for a student preceptorship pro gram. Provided, further, that each student par ticipating in the program shall receive $500 and each family physician shall receive $500.

12. Georgia Radiation Therapy Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Total Funds Budgeted ...................$
Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

318,234 --0--
180,425 --0--
498,659
--0-- --0-- 300,000 --0-- 198,659
30

Budget Unit Object Classes:

Personal Services:

Education, General and

Departmental Services ...............$ 413,855,397

Sponsored Operations .................$ 82,925,886

Operating Expenses:

Education, General and

Departmental Services ...............$ 114,826,339

Sponsored Operations .................$ 62,373,604

Office of Minority

Business Enterprise ...................$

100,000

Special Desegregation Programs ...........$ 250,000

Satellite Medical Facility

Program ............................$ 500,000

Agricultural Research ...................$

60,000

Advanced Technology

Development Center ..................$ 260,000

Capitation Contracts for

Family Practice Residency ..............$ 984,000

New Program Development

Contracts for Family

Practice Residency ....................$ 400,000

Residency Capitation Grants. .............$ 1,593,750

Student Preceptorships ..................$

135,000

Teachers' Retirement. ...................$ 37,439,358

Authority Lease Rentals. .................$ 20,859,000

Capital Outlay -- ETMH Renovations .......$ 2,300,000

Capital Outlay .........................$ 6,933,000

Total Positions Budgeted

20,390

862

JOURNAL OF THE SENATE

B. Budget Unit: Regents Central Office ........$
1. Regents Central Office 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

13,542,028
2,440,300 689,268
3,347,050 492,500 500,000 200,000
5,682,910
190,000 13,542,028 13,542,028
99

Budget Unit Object Classes:
Personal Services .......................$ Operating Expenses .....................$ SREB Payments ........................$ Medical Scholarships ....................$ Regents Opportunity Grants ..............$ Regents Scholarships ....................$ Grants to Junior Colleges. ................$ Rental Payments to Georgia
Military College ......................$ Total Positions Budgeted Authorized Motor Vehicles

2,440,300 689,268
3,347,050 492,500 500,000 200,000
5,682,910
190,000 99 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $739 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

It is the intent of the General Assembly that the State shall provide no more than 50 percent of The School of Medicine at Morehouse College's total operating cost. Provided, further, quarterly expen diture reports and certified annual audits shall be pro vided to the State Auditor and General Assembly on a timely basis.

Section 38. Department of Revenue.
Budget Unit: Department of Revenue. .........$
1. Executive Administration Budget:
Personal Services .......................$ County Tax Officials/Retirement
and PICA. ...........................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

33,900,614
821,900
546,000 45,706 15,100
--0--

FRIDAY, FEBRUARY 20, 1981

863

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

20,000 --0--
11,300 --0--
18,860 6,000
120 1,484,986
--0-- 1,484,986
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

3,894,708 176,165 5,400 --0-- 230,000 303,244
1,732,621 --0--
66,300 --0--
6,134,000 434,000 --0--
12,976,438 1,050,000
11,926,438 259

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $6,134,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 6,500,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the ad vances made are for services to be rendered within the same fiscal year.
3. Property Tax Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

1,069,956 63,085 62,900 6,600

864

JOURNAL OF THE SENATE

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 In tangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.
4. Sales Taxation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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. .....................$

74,000 2,381
303,400 --0--
19,550 121,000
--0--
1,429,000
--0-- 12,000 3,163,872
--0-- 250,000 2,913,872
62
1,291,000 15,424 3,400 --0-- 62,000 3,380
470,200 --0--
22,940 --0--
74,000 1,942,344
305,000 1,637,344
85
570,000 8,475 2,600 --0--
55,000 2,640
282,355 --0--

FRIDAY, FEBRUARY 20, 1981

865

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted
6. Income Taxation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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. 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
8. 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 ...............................$

11,700 --0-- --0--
932,770 100,000 832,770
37
2,035,259 44,181 3,300 --0--
312,500 11,110
1,843,508 --0--
35,900 --0--
190,000 4,475,758 1,500,000 2,975,758
123
2,030,000 10,700
370,000 --0-- 2,500 5,600 2,970 9,975
13,590 --0-- 50
2,445,385 2,445,385
78
5,346,762 190,060 351,524 --0-- 33,000 12,300 95,000 137,600 145,980 --0-- 43,000

866

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

6,355,226 50,000
6,301,226 295

9. 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 ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,084,000 137,869 1,000 --0-- 275,000 1,000 63,600 812,486 12,880 --0-- 995,000
3,382,835
--0-- 3,382,835
70

Budget Unit Object Classes:

Personal Services. ......................$ County Tax Officials/Retirement
and PICA. ...........................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$
Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Loans to Counties/Property
Reevaluation. ........................$ Grants to Counties/Appraisal Staff .........$ Motor Vehicle Tag Purchases .............$ Motor Vehicle Decal Purchases. ...........$ Intangible Tax Equalization Fund ..........$ Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

18,143,585
546,000 691,665 815,224
6,600 1,064,000
341,655 4,804,954
960,061 347,700 127,000
--0-- 1,429,000 6,134,000
434,000 --0--
1,314,170 1,040 111

Section 39. Secretary of State.

A. Budget Unit: Secretary of State .............$
1. Occupational Certification Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

11,214,374
2,200,058 808,422

FRIDAY, FEBRUARY 20, 1981

867

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

119,237 27,500 100,180 24,378 290,944 210,728 65,965 348,375 4,195,787 4,195,787
131

Occupational Certification Functional Budgets

State Funds

Accounting ...............$ 152,630

Architect .................$ 41,278

Athletic Trainers ...........$

1,968

Auctioneers ...............$

3,780

Barbers ..................$ 94,356

Chiropractic. ..............$

4,130

Construction Industry .......$ 145,004

Cosmetology ..............$ 282,431

Dentistry .................$ 109,704

Engineers. ................$ 225,907

Forestry ..................$

1,355

Funeral Service ............$ 74,299

Geology ..................$

4,936

HearingAid. ..............$

3,142

Landscape Architect ........$

4,474

Librarians ................$

915

Marriage and Family

Counselors ..............$

4,392

Medical Examiners .........$ 529,324

Nursing Home Administrators $

8,684

BoardofNursing. ..........$ 358,866

Dispensing Opticians .......$

3,386

Optometry ................$

4,555

Occupational Therapy. ......$

1,710

Pest Control. ..............$ 24,105

Pharmacy. ................$ 86,277

Physical Therapy. ..........$ 10,630

Podiatry ..................$

1,724

Polygraph Examiners .......$

1,186

Practical Nursing. ..........$ 104,596

Private Detective ...........$ 119,728

Psychologists. .............$ 12,630

Recreation ................$

2,280

Sanitarian. ................$

3,992

Speech Pathology ..........$

3,142

Used Car Dealers. ..........$ 41,238

Used Car Parts. ............$

3,710

Cost of

Operations Pos.

$ 221,955

2

$ 57,074

1

$

3,363

0

$ 30,549

0

$ 145,762

5

$ 19,910

0

$ 208,977

4

$ 456,992

14

$ 164,492

3

$ 299,304

6

$

6,150

0

$ 112,705

3

$ 14,203

0

$ 19,617

0

$ 15,713

0

$

2,882

0

$ 24,032

0

$ 743,681

17

$ 22,011

0

$ 493,142

13

$ 33,521

0

$ 19,442

0

$

8,036

0

$ 32,234

1

$ 208,429

3

$ 26,905

0

$

9,692

0

$ 20,351

0

$ 158,624

3

$ 183,393

7

$ 44,090

0

$ 13,172

0

$ 12,766

0

$ 23,307

0

$ 69,459

2

$ 41,383

0

868

JOURNAL OF THE SENATE

Veterinary ................$ Wastewater ...............$ WellWater ...............$ Administration ............$ Investigative ..............$ Total. ....................$

13,795 7,655 4,136 1,146,997 546,740 4,195,787

$ 31,881

0

$ 26,030

0

$ 10,726

0

$ 237,964

26

$ 61,668

21

$ 4,335,587 131

2. Securities Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Corporations Regulation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel.. ..............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ 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

367,080 32,870 8,000 5,500 3,000 3,240 13,165 17,290 7,500 1,500 459,145 459,145 17
445,421 23,240 1,000 --0-- 28,400 2,825 73,540 51,178 15,000 --0-- 30,000 670,604 670,604 30
375,227 34,025 25,000 --0-- 300 380 --0-- 5,782 5,400 --0--
446,114 446,114
15

FRIDAY, FEBRUARY 20, 1981

869

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 .......$

1,545,795 164,079 34,628 --0-- 18,000 72,860 5,000 27,043 43,320 17,140
1,273,667 3,201,532 3,119,447
90
633,438 48,505 1,950 --0-- 100,000 2,027 --0-- 6,085 15,847 3,000 810,852 810,852 37
559,599 87,065 4,000 --0-- 71,950 972 6,000 29,365 15,000 11,000
784,951 784,951
30
61,190 9,830 3,200 --0--

870

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 .............$ Election Expenses ......................$ 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 .............$ Election Expenses ......................$ Postage ...............................$ Authority Lease Rentals. .................$ Total Positions Budgeted Authorized Motor Vehicles

10,000 --0-- --0-- 5,332 3,000 7,500
100,052 100,052
3
186,637 25,185
5,000 --0-- 6,000 --0-- --0-- --0-- 3,700
900 400,000 627,422 627,422
10
6,374,445 1,233,221
202,015 33,000
337,830 106,682 388,649 352,803 174,732 389,415 400,000
30,000 1,273,667
363 69

B. Budget Unit: Real Estate Commission .......$
Real Estate Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

799,981
422,300 163,640
11,000 10,000 28,000

FRIDAY, FEBRUARY 20, 1981
Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

871
1,840 51,501 27,300 13,600 70,800 799,981 799,981
27

Real Estate Commission Functional Budget

State Funds Real Estate Commission .....$ 799,981

Cost of

Operations Pos.

$ 833,555

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 Authorized Motor Vehicles

422,300 163,640
11,000 10,000 28,000 1,840 51,501 27,300 13,600 70,800
27 11

Section 40. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance 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

14,260,727
1,174,872 114,298 27,280 --0-- 42,400 11,950 116,486 69,518 40,337 100,250
1,697,391 --0-- 70

872

JOURNAL OF THE SENATE

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

679,000 679,000 601,000
0

3. Georgia Student Finance Authority Budget:
Guaranteed Educational Loans ............$ Tuition Equalization Grants. ..............$ Student Incentive Grants .................$ North Georgia College
ROTC Grants ........................$ Law Enforcement Personnel
Dependents' Grants ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,680,000 9,110,027 3,516,622
127,500
32,000 15,466,149 13,659,727
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. .............$ Guaranteed Educational Loans ............$ Tuition Equalization Grants. ..............$ Student Incentive Grants. ................$ Law Enforcement Personnel
Dependents Grants' ...................$ North Georgia College
ROTC Grants ........................$ Total Positions Budgeted Authorized Motor Vehicles

1,174,872 114,298 27,280 --0-- 42,400 11,950 116,486 69,518 40,337 100,250 679,000
2,680,000 9,110,027 3,516,622
32,000
127,500 70 1

Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are pro vided herein for the making of cancellable loans to stu dents.

Provided, that the above appropriated amount relative to Educational Loans shall otherwise be used to provide loans to students as provided for in Article 3

FRIDAY, FEBRUARY 20, 1981

873

of Code Chapter 32-37, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions of Code Section 32-3750, as amended, 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 paramedical and other professional and educational fields of study; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard: (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; and (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agri cultural teachers.
Provided, that the above appropriated amount relative to Student Incentive Grants provides for pay ment of need-based grants to undergraduate students as provided for in Article 4 of Code Chapter 32-37.
Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year, and for payment of grants for the 1980 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37.
Provided, that the above appropriated amount rel ative to North Georgia college ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37.
Provided, that .the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37.
Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to lenders as provided for in Code Section 32-3314, and loan discount fee payments to lenders as provided for in Code Section 32-3315.

874

JOURNAL OF THE SENATE

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 making timely payments of interest and special allowances to lenders as provided for in Code Section 32-3313 and Code Section 32-3710.
Section 41. 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 ..............$ 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 ...................$

735,837
321,018 36,235 39,930 --0-- 27,005 3,600 --0-- 13,679 9,637 128,975
580,079 580,079
12
105,669 11,850 8,434 5,500 3,500 1,770 4,000 4,235 2,800 8,000 155,758 155,758 5
11,412 3,580
200 --0-- 18,970 --0--

FRIDAY, FEBRUARY 20, 1981
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

875
--0-- 1,200 1,200 1,184 37,746 --0--
0
438,099 51,665 48,564 5,500 49,475 5,370 4,000 19,098 13,637 138,175 17 3

Section 42. 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 .............$ Postage ...............................$ 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. ................$

7,638,750
1,120,408 42,101 12,050 --0-- 22,000 7,875
302,184 72,196 36,160 112,000 46,200
892,000 6,746,750 9,411,924 7,638,750
60
1,120,408 42,101 12,050 --0-- 22,000

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Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Floor Fund for Local
Retirement Systems ...................$ Employer Contributions .................$ Total Positions Budgeted Authorized Motor Vehicles

7,875 302,184
72,196 36,160 112,000 46,200
892,000 6,746,750
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 Session of the Georgia General Assembly.

Section 43. 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 .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

407,327,632
63,202,565 3,875,829 1,595,810 --0-- 219,105 97,900 --0-- 26,365 712,594 6,917,436
375,497,251 452,144,855 163,039,801
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 .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

48,925,758 29,454,961
245,304 --0-- 8,800 --0-- --0-- --0--
95,944 951,300 98,950,000 178,632,067 176,981,688
3,725

FRIDAY, FEBRUARY 20, 1981

877

3. Authorities Budget:

Authority Lease Rentals. .................$ State of Georgia General
Obligation Debt Sinking Fund ...........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

24,948,877
3,731,274 28,680,151 28,680,151

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .......$ Equipment Purchases ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

1,000,000 2,203,157
305,000 3,508,157 3,433,157

5. Assistance to Counties Budget:
Grants to Counties ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

9,317,013 9,317,013 9,317,013

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

6,977,509 1,958,223
109,874 --0--
207,550 --0--
1,241,666 909,511 183,444 150,000
11,737,777 11,737,777
321

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in con formity with and pursuant to Article III, Section X, Paragraph VII, subsection (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collec tion of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the im mediately preceding fiscal year and enter the full amount so determined on the records of the State as
being the appropriation payable in lieu of the amount appropriated herein.

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Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authori ty Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Coun ties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the costs inci dent thereto provided all expenditures for county con tracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Pro vided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such In terstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and 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 ap propriations to the 'State of Georgia General Obliga tion Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.

FRIDAY, FEBRUARY 20, 1981

879

For grants to counties for aid in county road con struction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of 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.

Provided further, it is the intent of the General Assembly that the following classes be reassigned to the new paygrade shown:

Class Transportation Captain Transportation Sergeant Transportation Enforcement Officer, Senior Transportation Enforcement Officer

New Paygrade 29 24 22 19

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction
Geodetic Control .......................$ Capital Outlay--Paving State and Local
Schools and State Institutions. ...........$ Paving State Parks and
Historic Sites. ........................$ Capital Outlay--Railroad Grade
Separation. ..........................$ Capital Outlay--Railroad Relocation. .......$ Capital Outlay -- Appalachian Highway .....$ Maintenance and Betterments
Capital Outlay -- Rehabilitation and Improvements Off-System. ..........$ Administration Real Estate Rentals ....................$

282,229 803,404 500,000 2,800,000 200,000 10,000,000
15,000,000 60,187

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria-

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tions of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution.

7. Assistance to Municipalities Budget:
Grants to Municipalities .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

9,317,000 9,317,000 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

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 accordance with the law and the Constitution, and file the same with the Fiscal Division of the Depart ment of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

8. Air Transportation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

450,552 315,144
11,505 --0-- 400 6,000 --0-- 1 4,100 500
105,000 893,202 588,202
17

9. Inter-Modal Transfer Facilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

552,434 47,509 29,366 --0--

FRIDAY, FEBRUARY 20, 1981

881

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 .............$ Capital Outlay--Airport
Approach Aid ........................$ 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 ...................$
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 ......................$ Authority Lease Rentals. .................$ Capital Outlay--Airport
Development ........................$ State of Georgia General
Obligation Debt Sinking Fund ...........$ Capital Outlay--Airport
Operational Improvements .............$ Capital Outlay--Airport Approach Aid ......$ Total Positions Budgeted Authorized Motor Vehicles

25,000 1,000 --0-- --0--
17,000 1,137,924
720,000
1,000,000
300,000 3,405,109 7,235,342 3,382,843
24
850,000 850,000 850,000
120,108,818 35,651,666
1,991,859 1,000,000
460,855 2,308,057 1,241,666
935,877 1,013,082 9,157,160 474,857,251 3,405,109 9,317,000
850,000 9,317,013 24,948,877
720,000
3,731,274
1,000,000 300,000 7,273 4,800

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.

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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 project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transporta tion is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.
Provided, that $850,000 of the above allocation for harbor maintenance payments is designated and com mitted for payment for harbor maintenance and im provements at Savannah.
Provided, further, that the Department of Trans portation is authorized and directed to transfer to Per sonal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.
Section 44. Department of Veterans Services.
Budget Unit: Department of Veterans Service .............................$
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 .............$ Postage. ..............................$ Grants to Confederate Widows ............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

9,541,195
2,726,027 86,537 79,812 --0-- 20,900 --0-- 273 120,584 55,500 6,000 28,180 1,666
3,125,479 2,811,686
167 1

FRIDAY, FEBRUARY 20, 1981

883

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 ...................$
3. Veterans Nursing HomeAugusta 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 .........................$ Postage. ..............................$ 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 45. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board ..............................$

--0-- --0--
27,543
6,214,185 6,241,728 4,799,978
--0--0--
5,000
2,674,451 2,679,451 1,929,531
2,726,027 86,537 79,812 --0-- 20,900 --0-- 273 120,584 55,500 6,000 --0-- 28,180 1,666
6,214,185
2,674,451
32,543 167 1
3,502,664

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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

2,576,935 78,191 42,738 --0-- 40,500 18,764 93,400
204,061 57,016 81,714 47,585
3,240,904 3,240,904
122

2. Vocational Rehabilitation Budget:
Personal Services .......................$ 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

210,615 11,221 10,684 --0-- 3,000 2,000 400 16,500 4,040 500 2,800
261,760 261,760
12

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

2,787,550 89,412 53,422 --0-- 43,500 20,764 93,800
220,561 61,056 82,214 50,385
134 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued] ........................$

36,894,251

FRIDAY, FEBRUARY 20, 1981

885

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund(New) ..........................$ 53,104,500

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,661,000 is specifically ap propriated for the purpose of financing expansion of Georgia Ports Authority facilities through the issuance of not more than $42,372,728 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically ap propriated for the purpose of constructing and equip ping a public safety training facility through the is suance of not more than $5,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,220,000 is specifically ap propriated for the purpose of financing a school con struction program throughout the State of Georgia, which will consist of the construction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the is suance of not more than $38,362,384 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,188,000 is specifically ap propriated for the purpose of Area VocationalTechnical School construction and equipping through the issuance of not more than $10,800,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,650,000 is specifically ap propriated for the purpose of constructing and equip ping a Georgia Bureau of Investigation complex through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,114,000 is specifically ap propriated for the purpose of financing the expansion of the Georgia World Congress Center through the is suance of not more than $83,000,000 in principal amount of General Obligation Debt.

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Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $880,000 is specifically ap propriated for the purpose of financing the expansion of the Middle Georgia Correctional InstitutionWomen's Unit at Hardwick, Georgia, through the is suance of not more than $8,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,401,500 is specifically ap propriated for the purpose of financing renovation of Georgia State Prison at Reidsville, Georgia, through the issuance of not more than $21,831,390 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,740,000 is specifically ap propriated for the purpose of financing a new construc tion program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents at the University System through the issuance of not more than $34,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $24,750,000 is specifically ap propriated for the purpose of financing advance con struction of the Interstate System through the issuance of not more than $225,000,000 in principal amount of General Obligation Debt.
Section 47. In addition to all other appropriations for the fiscal year ending June 30, 1981 there is hereby appropriated $2,300,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby ap propriated $5,295,570 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 ($5,086,970 - 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 Depart ment of Administrative Services from agency fund col lections.

FRIDAY, FEBRUARY 20, 1981

887

Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1981, there is hereby appropriated $1,000,000 to cover an increase in State contributions for Employee Health Insurance.
Section 49. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service ap propriations in Fiscal Year 1981 and thereafter.
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 determined by the Office of Planning and Budget.

Section 51. It is the intent of this General Assembly that each and every agency, board, commis sion 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 Genral 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 in tent 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 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 con templated 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

JOURNAL OF THE SENATE
Second, to further supplant State funds to the ex tent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 53. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each ac tivity contained in this Appropriations Act.
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 collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retail ing 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 direct ly or indirectly.
Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided

FRIDAY, FEBRUARY 20, 1981

889

for in this Appropriations Act between any depart ment, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1980, 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 re quired payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment con stitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 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 submitted to the General Assembly at the 1980 regular session and the amended Budget Report sub mitted to the General Assembly at the 1981 regular ses sion, except as otherwise specified in this Act; provid ed, however, the Director of the Budget is authorized to make internal transfers within a budget unit be tween objects, programs, and activities subject to the conditions that no funds whatsoever shall be transfer red for use in initiating or commencing any new pro gram or activity not currently having ari appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1981, and provided, further, that no funds whatsoever shall be transferred between objects without the price ap proval of at least eleven (11) members of the Fiscal Af fairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Ap propriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the governor of expenditures as to objects, the

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Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same con ditions provided hereinbefore for transfers.
Section 59. Whenever 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. 1981 submitted to the General Assembly at the 1980 regular session and the amended Budget Report submitted to the General Assembly at the 1981 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
(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 actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 62. TOTAL APPROPRIATIONS
F.Y. 1981................. $3,198,056,705.
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.''

FRIDAY, FEBRUARY 20, 1981

891

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.

Senators Garner of the 30th and Trulock of the 10th offered the following amendment:

Amend the substitute to HB 162 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Administrative Services Budget Unit on Page 8, line 6 in Section 13 the figure $6,000,000. And by decreasing the object classes for the Departmental Administration Activity as listed below:
Page 9, line 3, and Page 14, line 25, Direct Payments to Ga. Building Authority for Operations $6,000,000.

On the adoption of the amendment, the yeas were 16, nays 33, and the amend ment offered by Senators Garner of the 30th and Trulock of the 10th was lost.

Senator Timmons of the 11th offered the following amendment:

Amend the substitute to HB 162 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department Operations Department of Human Resources Budget Unit on Page 76, line 29 in Section 26 the figure $265,000. And by decreasing the object classes for the Public Assistance Activity as listed below:
Page 96, line 13, and Page 100, line 26, AFDC Benefits $797,235; Page 96, line 14, Total Funds Budgeted $797,235; Page 96, line 14, State Funds Budgeted $265,000; and by adding to the State funds budgeted for the Department of Education "A" Budget Unit on Page 41, line 25 in Section 19 the figure $265,000. And by increasing the ob ject classes for the Local Programs Activity as listed below:
Page 48, line 8, and Page 51, line 34, High School Program $265,000; Page 49, line 14, Total Funds Budgeted $265,000; Page 49, line 15, State Funds Budgeted $265,000.

On the adoption of the amendment offered by Senator Timmons of the llth, 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 Barker Barnes

Bell Bond Bowen

Brannon Brantley Cobb

892
Coverdell Deal Dean Eldridge English Engram Evans Garner Gillis Greene Hill Holloway Horton

JOURNAL OF THE SENATE

Howard Hudgins Hudson Kennedy Kidd Land Littlefield McGill McKenzie Reynolds Robinson Scott

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

Those voting in the negative were Senators:

Allgood Bryant

Coleman Foster

Lester Wessels

Those not voting were Senators:
Broun of 46th (presiding) Fincher of 52nd Brown of 47th

Fincher of 54th

On the adoption of the amendment, the yeas were 46, nays 6, and the amend ment offered by Senator Timmons of the 11th was adopted.

Senator Gillis of the 20th offered the following amendment:

Amend the substitute to HB 162 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 Institu tions Budget Unit on Page 105, line 14 in Section 26-C the figure $100,000. And by decreasing the object classes for the Regular Operating Expense Reserve Activity as listed below:
Page 116, line 29, Regular Operating Expenses $100,000; Page 116, line 30, Total Funds Budgeted $100,000; Page 116, line 31, State Funds Budgeted $ 100,000.
and by adding to the State funds budgeted for the Community Mental Health/Mental Retardation, Youth Services and Institutions Budget Unit on Page 105, line 14 in Section 26-C the figure $100,000. And by increas ing the object classes for the Community Mental Health/Mental Retarda tion Services Activity as listed below:
Page 114, line 21, and Page 118, line 3, Community Residential Services $100,000; Page 114, line 31, Total Funds Budgeted $100,000; Page 115, line 1, State Funds Budgeted $100,000.

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893

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment offered by Senator Gillis of the 20th was adopted.

Senators Brown of the 47th, Bond of the 39th, Land of the 16th and Deal of the 49th offered the following amendment:

Amend the substitute to HB 162 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Com munity Mental Health/Mental Retardation and Youth Services and In stitutions Budget Unit on Page 116, line 14 in Section 26 the figure $ 100,000. And by decreasing the object classes for the Regular Operating Expense Reserve Activity as listed below:
Page 116, line 29, and Page 117, line 3, Regular Operating Ex pense $100,000; Page 116, line 30, Total Funds Budgeted $100,000; Page 116, line 31, State Funds Budgeted $100,000.
And by adding to the State funds budgeted for the Office of Planning and Budget Budget Unit on Page 69, line 26 in Section 24 the figure $100,000. And by increasing the object classes for the Council of the Arts Activity as listed below:
Page 70, line 20, and Page 75, line 31, Art Grants-State Funds $100,000; Page 70, line 23, Total Funds Budgeted $100,000; Page 70, line 24, State Funds Budgeted $ 100,000.

On the adoption of the amendment, Senator Bond of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Cobb Coverdell Deal Dean Engram

Evans Fincher of 54th Foster Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Tate Thompson Trulock Turner Tysinger

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Those voting in the negative were Senators:

Bell Bryant Coleman Eldridge English

Hill Holloway Littlefield Starr

Sutton Timmons Walker Wessels

Those not voting were Senators: Broun of 46th (presiding) Fincher of 52nd

Garner

On the adoption of the amendment, the yeas were 40, nays 13, and the amend ment offered by Senators Brown of the 47th, Bond of the 39th, Land of the 16th and Deal of the 49th was adopted.

Senator Thompson of the 32nd offered the following amendment:

Amend the substitute to HB 162 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Natural Resources Budget Unit on Page 140, line 24 in Section 32 the figure $370,377. And by decreasing the object classes for the Great Park Authority Activity as listed below:
Page 145, line 15, and Page 147, line 4, Payments to the Great Park Authority for Operations $270,377; Page 145, line 17, and Page 147, line 6, Payments to the Great Park Authority for Capital Outlay $100,000; Page 145, line 18, Total Funds Budgeted $370,377; Page 145, line 19, State Funds Budgeted $370,377.

On the adoption of the amendment, Senator Thompson of the 32nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brannon Brantley Brown of 47th Cobb Coleman English Fincher of 54th Hill

Horton Kennedy Land Lester McGill McKenzie Reynolds

Stumbaugh Summers Thompson Timmons Turner Tysinger Walker

FRIDAY, FEBRUARY 20, 1981

895

Those voting in the negative were Senators:

Allgood
Bark e r Barnes
Bell Bond Bowen Bryant Coverdell
Deal Dean

Eldridge
Engram Evans
Foster Garner Gillis Greene Holloway
Howard Hudgins

Kidd
Littlefield Robinson
Scott Starr Stephens Sutton Tate
Trulock Wessels

Those not voting were Senators:
Ballard Broun of 46th (presiding) Fincher of 52nd

Hudson

On the adoption of the amendment, the yeas were 22, nays 30, and the amend ment offered by Senator Thompson of the 32nd was lost.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to HB 162 offered by the Senate Committee on Appropriations by adding between lines 14 and 15 of Page 150 the following:
"Provided that no funds appropriated herein to the Great Park Authority shall be expended unless and until former President Carter shall notify in writing the Governor that it is his intention and desire to locate the Carter Presidential Library in and upon a portion of the 219 acres adjacent to the City of Atlanta Central Business District, which acreage was originally acquired by the State for the purposes of constructing portions of 1-485 or the Stone Mountain Freeway."

On the adoption of the amendment, the yeas were 41, nays 3, and the amend ment offered by Senator Howard of the 42nd was adopted.

The President resumed the Chair.

Senator Cobb of the 28th offered the following amendment:

Amend the substitute to HB 162 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Budget Unit on Page 221, line 14 in Section 46-B the figure $9,114,000. And by removing the following language:

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"Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,114,000 is specifically appropriated for the purpose of financing the expansion of the Georgia World Congress Center through the issuance of not more than $83,000,000 in principal amount of General Obligation Debt."

On the adoption of the amendment, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Brannon Cobb Deal

Gillis Horton McKenzie Summers

Sutton Timmons Turner Walker

Those voting in the negative were Senators:

Allgood Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coleman Coverdell Dean Eldridge English Engram Evans

Fincher of 54th Foster Garner Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Tate Thompson Trulock Tysinger Wessels

Those not voting were Senators:

Ballard

Bryant

Fincher of 52nd

On the adoption of the amendment, the yeas were 13, nays 40, and the amend ment offered by Senator Cobb of the 28th was lost.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.

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

FRIDAY, FEBRUARY 20, 1981

897

On the 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 Bowen Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English Engram

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

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Brannon

Cobb Garner

Not voting was Senator Fincher of 52nd.

On the passage of the bill, the yeas were 49, nays 6.

Thompson Trulock

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Holloway of the 12th moved that HB 162 be immediately transmitted to the House.

On the motion, the yeas were 43, nays 0; the motion prevailed, and HB 162 was immediately transmitted to the House.

SR 60. By Senators Gillis of the 20th, Walker of the 19th, Kennedy of the 4th and others:
A resolution reaffirming the commitment of the General Assembly to the mission and program of the Mercer University School of Medicine.

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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:

Ballard Barker Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Littlefield

Those voting in the negative were Senators:

Allgood Broun of 46th

Lester

McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Tysinger

Those not voting were Senators:

Barnes Fincher of 52nd

Greene Starr

Stephens

On the adoption of the resolution, the yeas were 47, nays 4.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute as amended by the House to the following bill of the House:

FRIDAY, FEBRUARY 20, 1981

899

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend the Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.

The following general bill of the House was taken up for the purpose of con sidering the House disagreement to the Senate substitute thereto:

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.

Senator Broun of the 46th moved that the Senate insist upon the Senate substitute to HB 162.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 162.

The following general resolution of the House, favorably reported by the com mittee, was read the third time and put upon its adoption:

HR 60. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to federal fiscal note and grant consolidation legisla tion.
Senate Sponsor: Senator Starr of the 44th.

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

Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal

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Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard

Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Fincher of 52nd

Greene

Stephens

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following communication from His Excellency, Governor George Busbee, was received and read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 February 11, 1981
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:
The following named persons as members of the State Board of Accountancy, for terms beginning October 27, 1980 and ending June 30, 1984: Judy N. Tabb of Fulton County; Wilbert Schwotzer of Fulton Coun ty; Richard M. Stewart of Lowndes County.
Honorable Alan Burnham of Fulton County as a member of the State Board of Accountancy, for the term of office beginning October 30, 1980 and ending June 30, 1984.

FRIDAY, FEBRUARY 20, 1981

901

The following named persons as members of the Council on Aging, for terms beginning December 31, 1980 and ending December 15, 1981: Kay H. Hind of Dougherty County; Naomi E. Maddox of DeKalb County; Vita R. Ostrander of DeKalb County; Barbara P. Payne of DeKalb Coun ty; Clara W. West of McDuffie County; William J. Todd of Fulton Coun ty; Claude P. Smith of White County; A. H. (Al) Parsons of Carroll Coun ty-
Honorable Ford Spinks of Tift County as a member of the Georgia Agrirama Development Authority, for the term of office beginning January 19, 1981 and serving as provided by law.
Honorable N. A. Jacobs, Jr., of Hall County as a member of the State Board for Examination, Qualification and Registration of Architects, for the term of office beginning March 25, 1980 and ending March 5, 1985.
The following named persons as members of the Area Planning and Development Advisory Committee, for terms beginning August 7, 1980 and serving at the Pleasure of the Governor: Vernon Colbert of Bibb County; J. B. Jones of Lumpkin County; Hughes Willingham of Lincoln County; Charles A. Kent, Jr., of Tift County.
Honorable Fred D. Bentley, Sr., of Cobb County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning December 12, 1980 and ending July 11, 1982.
The following named persons as members of the Georgia Council for the Arts and Humanities, for terms beginning August 27, 1980 and end ing July 11, 1983: Julia F. Massey of Glynn County; Morrill T. Hutchinson of Troup County; Rosemary Stiefel of DeKalb County; R. Scott Coleman of Butts County; Barbara A. Shaw of Fulton County; Thomasenor Pearson of Laurens County; Eliot Wigginton of Rabun County; Wayne R. Vason of Morgan County.
Honorable Warren G. Morris of Clarke County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning March 24, 1980 and ending January 31, 1986.
Honorable Jane M. Thomas of DeKalb County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning November 10, 1980 and ending January 31, 1986.
Honorable Gerald A. Bowie of Harris County as a member of the Georgia Auctioneers Commission, for the term of office beginning August 27, 1980 and ending August 14, 1985.
Honorable Edward D. Dunn of DeKalb County as Commissioner of the Department of Banking and Finance, for the term of office beginning April 4, 1980 and ending January 20, 1984.
Honorable Thomas W. Blount, Jr., of Sumter County as a member of the Georgia State Board of Barbers, for the term of office beginning December 18, 1980 and ending June 30, 1983.

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JOURNAL OF THE SENATE

Honorable Garnett Ben Johnson, Jr., of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning December31, 1980 and ending July 25, 1983.
Honorable Raymond B. Brewer of DeKalb County as a member of the Georgia State Board of Barbers, for the term of office beginning January 26, 1981 and ending July 25, 1983.
Honorable T. G. Rogers of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning December 31, 1980 and ending December 29, 1981.
Honorable Oliver C. Bateman of Bibb County as a member of the State Campaign and Financial Disclosure Commission, for the term of of fice beginning December 8, 1980 and ending May 1, 1985.
The following named persons as members of the Cancer Advisory Committee, for terms beginning December 31, 1980 and ending December 31, 1982: S. Angier Wills, M.D., of DeKalb County; William A. Scoggin, M.D., of Richmond County; Robert L. Brown, M.D., of Fulton County.
The following named persons as members of the Georgia State Board of Cosmetology, for terms beginning May 15, 1980 and ending May 1, 1983: Linda L. Caudell of Banks County; Mary Waddell of Haralson County.
Honorable Bettye Hutchings of Bibb County as Chairperson of the State Crime Commission, for the term of office beginning June 26, 1980 and serving at the Pleasure of the Governor.
Honorable Richard M. Bond of Sumter County as a member of the State Crime Commission, for the term of office beginning July 31, 1980 and serving at the Pleasure of the Governor.
Honorable H. Reginald Thompson of Emanuel County as a member of the State Crime Commission, for the term of office beginning August 25, 1980 and serving at the Pleasure of the Governor.
Honorable Joseph Willoughby Looper, D.D.S., of DeKalb County as a member of the Georgia Board of Dentistry, for the term of office begin ning December 18, 1980 and ending August 1, 1984.
Honorable Judith Hendrix of Cobb County as a member of the Georgia Board of Dentistry, for the term of office beginning December 31, 1980 and ending June 30, 1985.
Honorable John Robert Smith, D.D.S., of Muscogee County as a member of the Georgia Board of Dentistry, for the term of office begin ning December 18, 1980 and ending August 1, 1985.
Honorable Roy V. Noble, Jr., of Dooly County as a member of the Georgia Development Authority, for the term of office beginning January 19, 1981 and ending July 1, 1988.

FRIDAY, FEBRUARY 20, 1981

903

Honorable Linda Cleveland of Fulton County as a member of the Georgia Development Authority, for the term of office beginning January 22, 1981 and ending July 1, 1987.
Honorable Xernona Clayton Brady of Fulton County as a member of the Board of Review of the Employment Security Agency, for the term of office beginning June 11, 1980 and ending November 14, 1982.
Honorable John W. Wilcox, Jr., of Cobb County as a member of the Board of Review of the Employment Security Agency, for the term of of fice beginning November 17, 1980 and ending November 14, 1986.
The following named persons as members of the Georgia Energy Regulatory Reform Commission, for terms beginning October 15, 1980 and ending after reporting their findings to the 1981 session of the General Assembly: David Otis Benson of Douglas County; Cliff Litherland of Columbia County; Robert B. Remar of Fulton County; Sam Shelton of DeKalb County; Robert S. Ware of Troup County.
The following named persons as members of the Cancer Advisory Committee, for terms beginning December 31, 1980 and ending December 31, 1983: John P. Wilson, M.D., of Fulton County; Simpson J. Clark of Fulton County; Ann Chappell of Oconee County.
The following named persons as members of the Cancer Advisory Committee, for terms beginning December 31, 1980 and ending December 31, 1984: Bobbie Brewer of Cobb County; M. Julian Duttera, M.D., of Troup County; Mrs. Donald C. Knighton of Fulton County; James W. Mathis, M.D., of Lowndes County; Abdel H. Ragab, M.D., of DeKalb County; Ted R. Ridlehuber of Clarke County.
The following named persons as members of the Georgia Board of Chiropractic Examiners, for terms beginning August 27, 1980 and ending August 20, 1983: Eugene E. Sparlin, D.C., of Fulton County; Stanley H. Merica, D.C., of Baldwin County.
Honorable Eleanor C. Main of DeKalb County as a member of the Georgia Board of Chiropractic Examiners, for the term of office begin ning October 31, 1980 and ending June 30, 1983.
The following named persons as members of the Georgia Coastal Management Board, for terms beginning December 17, 1980 and ending October 1, 1983: Marvin F. Clark of Liberty County; Don Mendonsa of Chatham County; Thomas Owen of Chatham County.
Honorable J. D. Benefield of Glynn County as a member of the Georgia Coastal Management Board, for the term of office beginning December 31, 1980 and ending October 1, 1983.
The following named persons as members of the Board of Communi ty Affairs, for terms beginning July 3, 1980 and ending June 30, 1983; H. Hearn Lumpkin of Fulton County; Lillian Webb of Gwinnett County; Leroy H. Johnson of Coweta County.

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JOURNAL OF THE SENATE

Honorable J. B. Jones of Lumpkin County as a member of the Board of Community Affairs, for the term of office beginning January 8, 1981 and ending July 1, 1981.
The following named persons as members of the Construction In dustry Licensing Board, for terms beginning July 11, 1980 and ending June 30, 1982: Walter L. Hibble of Fulton County; J. C. Bray of Muscogee County; John G. Mauldin of Glynn County.
The following named persons as members of the Construction In dustry Licensing Board for terms beginning July 11, 1980 and ending June 30, 1984: Brice W. Bishop of Clarke County; William P. McCuen of Chatham County; Riley T. Stephens of DeKalb County; P. J. Wise of Sumter County; John Gay of Dougherty County; Virgil B. Harper, Jr., of Cobb County; Thomas C. Payne of Fulton County; Paul T. Addis of Clayton County; Arthur D. Brook of Bibb County; Franklin Rhodes of Dougherty County; Edwin L. Whatley of Spalding County; Bob W. Dean of Fulton County; Ella Alexander of Fulton County; Constance W. Paris of Fulton County.
The following named persons as members of the Georgia Council for Energy Resources, for terms beginning August 25, 1980 and ending July 1, 1984: J. F. McCloud of Glynn County; Thomas O. Cordy of Fulton County; Clyde D. Cox of Hall County; G. Mayo Livingston of Decatur County; Doris I. Willmer of DeKalb County.
Honorable H. Alfred Bolton, III, of Spalding County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 7, 1980 and ending June 1, 1985.
Honorable Russell Chapman, Jr., of DeKalb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 7, 1980 and ending June 1, 1984.
Honorable Ann W. Cramer of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning October 27, 1980 and ending June 30, 1985.
Honorable Sue Clark of Ware County as a member of the Georgia Forest Research Council, for the term of office beginning December 10, 1980 and ending August 25, 1987.
Honorable Lynn H. Hester of Fulton County as a member of the State Board of Registration for Foresters, for the term of office beginning Oc tober 31, 1980 and ending June 30, 1985.
Honorable Leon A. Hargreaves, Jr., of Clarke County as a member of the State Board of Registration for Foresters, for the term of office begin ning October 30, 1980 and ending July 1, 1985.
Honorable T. Felton Denney of Carroll County as a member of the State Forestry Commission, for the term of office beginning January 19, 1981 and ending January 1, 1987.

FRIDAY, FEBRUARY 20, 1981

905

Honorable Claude A. McKibben of Troup County as a member of the Georgia State Board of Funeral Service, for the term of office beginning December 17, 1980 and ending February 13, 1986.
Honorable Alicia A. Philipp of Fulton County as a member of the State Board of Registration for Professional Geologists, for the term of of fice beginning October 31, 1980 and ending June 30, 1985.
Honorable Joe H. McKenzie, Jr., of Baldwin County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning December 17, 1980 and ending November 24, 1982.
The following named persons as members of the Great Park Authori ty, for terms beginning April 18, 1980 and serving at the Pleasure of the Governor: Jean Bowen of Fulton County; Lawrence L. Gellerstedt, Jr., of Fulton County; Frank C. Jones of Fulton County; Frances M. Milam of DeKalb County; James W. Oxendine of DeKalb County; Thomas G. Smith of Fulton County; Pelham C. Williams of Fulton County.
Honorable Hill McKemie of Clay County as a member of the State Health Planning Review Board, for the term of office beginning July 21, 1980 and serving at the Pleasure of the Governor.
Honorable Julia Hilburn of Floyd County as a member of the State Health Planning Review Board, for the term of office beginning December 31, 1980 and serving at the Pleasure of the Governor.
The following named persons as members of the Board of Hearing Aid Dealers and Dispensers, for terms beginning December 18, 1980 and ending July 1, 1982: Raymond Waters, M.D., of Floyd County; H. Jammell Corley, Jr., of Bibb County; Ishmael C. Childs of DeKalb County; Hugh Bray of Muscogee County.
Honorable Mimi Barnes of Gwinnett County as a member of the Board of Hearing Aid Dealers and Dispensers, for the term of office beginning December 18, 1980 and ending June 15, 1983.
Honorable Terry Shapiro, M.D., of Cobb County as a member of the Board of Hearing Aid Dealers and Dispensers, for the term of office beginning December 31, 1980 and ending June 15, 1983.
Honorable George Rogers of Liberty County as a member of the Heritage Trust Commission, for the term of office beginning March 24, 1980 and ending May 24, 1981.
The following named persons as members of the Heritage Trust Commission, for terms beginning December 10, 1980 and ending May 24, 1982: William L. Berry of Carroll County; Edward J. Cashin, Jr., of Richmond County Eunice L. Mixon of Tift County; Loraine P. Williams of Fulton County.
The following named persons as members of the Heritage Trust Commission, for terms beginning December 10, 1980 and ending May 24, 1983: Adelaide W. Ponder of Morgan County; Marvin Goldstein of Fulton County; Anne G. Stroud of Dougherty County; Jennie Tate Anderson of Cobb County; George A. Rogers of Bulloch County.

906

JOURNAL OF THE SENATE

Honorable John R. Carlisle of Spalding County as a member of the Heritage Trust Commission, for the term of office beginning December 11, 1980 and ending May 24, 1983.
Honorable Bobby R. Dixon of Toombs County as a member of the Charles H. Herty Foundation, for the term of office beginning January 23, 1981 and ending February 19, 1985.
The following named persons as members of the Board of Human Resources, for terms beginning December 10, 1980 and ending April 6, 1985: John S. Thibadeau of DeKalb County; William B. Dunaway of Cobb County.
Honorable Ellen B. Coody of DeKalb County as a member of the Board of Industry and Trade, for the term of office beginning January 9, 1981 and ending April 1,1981.
Honorable Donald P. Gammon of Glynn County as a member of the Jekyll Island State Park Authority, for the term of office beginning July 3, 1980 and ending July 1, 1984.
Honorable Laura D. Raines of Fulton County as a member of the Judicial Qualifications Commission, for the term of office beginning December 17, 1980 and ending December 31, 1984.
The following named persons as members of the Georgia Justice Courts Training Council, for terms beginning December 31, 1980 and ending August 7, 1982: Lois Bailey of Clayton County; Eleanor Dotson of Charlton County; George W. Eisel of Hancock County.
Honorable Johnnie L. Clark of Fulton County as a member of the Lake Lanier Islands Development Authority, for the term of office begin ning May 15, 1980 and ending May 15, 1984.
Honorable Betty Benson of Forsyth County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning October 27, 1980 and ending May 15, 1982.
Honorable Jeffrey D. Scott of Brooks County as a member of the Georgia State Board of Landscape Architects, for the term of office begin ning November 11, 1980 and ending April 1, 1983.
Honorable June D. Harrell of Fulton County as a member of the Georgia State Board of Landscape Architects, for the term of office begin ning November 11, 1980 and ending April 1, 1984.
Honorable Emily H. Anthony of White County as a member of the State Board for Certification of Librarians, for the term of office begin ning March25, 1980 and ending January 1, 1984.
Honorable Virginia L. Jones of Fulton County as a member of the State Board for Certification of Librarians, for the term of office begin ning March 25, 1980 and ending January 1, 1985.

FRIDAY, FEBRUARY 20, 1981

907

Honorable Trudie E. Carmichael of DeKalb County as a member of the State Board for Certification of Librarians, for the term of office beginning October 31, 1980 and ending December 31, 1984.
Honorable Nancy Beasley of Bartow County as a member of the State Board for Certification of Librarians, for the term of office beginning December 18, 1980 and ending December 31, 1985.
The following named persons as members of the Board of Medical Assistance, for terms beginning July 3, 1980 and ending June 30, 1984: Vivian P. Hartman of Baldwin County; Clem T. Hosea of Stephens Coun-
ty-
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980 and ending September 1, 1981: S. Charlotte Neuberg, M.D., of Bibb County; George M. Chastain, M.D., of Dougherty County.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980 and ending September 1, 1982: James M. Kelley, M.D., of Floyd County; M. Virginia Tuggle, M.D., of DeKalb County; Bernard J. Bridges, M.D., of Fulton County.
Honorable Joseph L. Vinci, D.O., of Gwinnett County as a member of the Composite State Board of Medical Examiners, for the term of office beginning December 31, 1980 and ending September 10, 1982.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980 and ending September 1, 1983: Albert M. Deal, M.D., of Bulloch County; J. Watts Lipscomb, M.D., of Clayton County; Robert E. Thompson, M.D., of Stephens County.
Honorable Donald L. Kennedy, D.O., of Johnson County as a mem ber of the Composite .State Board of Medical Examiners, for the term of office beginning December 31, 1980 and ending September 10, 1983.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980 and ending September 1, 1984: H. Hilt Hammett, M.D., of Troup Coun ty; John B. O'Neal, III, M.D., of Elbert County.
Honorable Beth Parker of DeKalb County as a member of the Com posite State Board of Medical Examiners, for the term of office beginning December 31, 1980 and ending December 31, 1984.
Honorable Paul C. Broun of Clarke County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning August 25, 1980 and ending June 30, 1982.
The following named persons as members of the State Advisory Council for Mental Health and Mental Retardation, for terms beginning August 25, 1980 and ending June 30, 1983: James C. Bush of Dougherty County; Robert R. Cook of Chatham County; Deedy Bartenfeld of Fulton County; Dr. John R. Curtis of Clarke County; Peter N. Mayfield, Ph.D.,

908

JOURNAL OF THE SENATE

of Fulton County; Othniel W. McGehee of Bibb County; Ben H. Portman of Chatham County; Allan W. Russell of Baldwin County; Betty P. Spence of Dougherty County; Dr. C. O. Templeton of Lowndes County; Dr. Glenn A. Vergason of Fulton County; Mrs. Edward E. (Susie) Elson of Fulton County; Conway Hunter, Jr., M.D., of DeKalb County.
Honorable William Russell Edwards, Ph.D., of Clarke County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning October 14, 1980 and end ing June 30, 1983.
The following named persons as members of the State Advisory Council for Mental Health and Mental Retardation, for terms beginning December 31, 1980 and ending June 30, 1983: Wiley Bolden of Fulton County; Ruth P. Williams of Glynn County.
Honorable Clyde W. Jackson of Bartow County as a member of the Board of Natural Resources, for the term of office beginning December 10, 1980 and ending January 1, 1982.
Honorable Leonard Foote of Cherokee County as a member of the Board of Natural Resources, for the term of office beginning December 10, 1980 and ending March 16, 1987.
The following named persons as members of the Board of Natural Resources, for terms beginning December 31, 1980 and ending January 1, 1988: Robert B. Ormsby, Jr., of Fulton County; Donald J. Carter of Hall County.
The following named persons as members of the Georgia Board of Nursing, for terms beginning December 31, 1980 and ending September 23, 1982: Lucille B. Wilson of Dougherty County; Marlene P. Mitchell of Fulton County.
The following named persons as members of the Georgia Board of Nursing, for terms beginning December 31, 1980 and ending September 23, 1983: Olive Raines of DeKalb County; Ann V. Shaver of Stephens County; Helen T. Milian of Muscogee County.
Honorable Julia T. Dyar of Troup County as a member of the Georgia Board of Nursing, for the term of office beginning December 31, 1980 and ending December 31, 1983.
Honorable Martha M. Chesser of Fulton County as a member of the Board of Examiners of Licensed Practical Nurses, for the term of office beginning December 31, 1980 and ending April 1, 1983.
Honorable Barbara G. Carter of Fulton County as a member of the Board of Examiners of Licensed Practical Nurses, for the term of office beginning December 31, 1980 and ending July 1, 1984.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning December 18, 1980 and ending December 29, 1982: Ron Addington of Stephens Coun-

FRIDAY, FEBRUARY 20, 1981

909

ty; Sylvia F. Andrews of DeKalb County; Paula M. Bingham of Lumpkin County; Selena D. Dunn of Fulton County; George F. Green, M.D., of Hancock County; James R. Westbury of Spalding County.
Honorable Myrtle Vickers of Coffee County as a member of the Georgia State Board of Nursing Home Administrators, for the term of of fice beginning December 18, 1980 and ending June 4, 1983.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning December 18, 1980 and ending October 26, 1983: Harley C. Morrison of Chatham County; Solomon Nixon of Tift County.
Honorable Jane M. Strain of Troup County as a member of the Georgia State Board of Nursing Home Administrators, for the term of of fice beginning December 31, 1980 and ending December 29, 1983.
Honorable Mary Louise Austin of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning November 17, 1980 and ending June 30, 1984.
Honorable Joseph C. Underwood of Montgomery County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980 and ending November 27, 1982.
Honorable Felker W. Ward, Jr., of Fulton County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980 and ending January 25, 1983.
Honorable Preston N. Rawlins, Jr., of Telfair County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980 and ending November 27, 1983.
Honorable Lynthia W. Miller of Richmond County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980 and ending January 25, 1984.
Honorable Bill Hutson of Cobb County as a member of the Board of Offender Rehabilitation, for the term of office beginning June 26, 1980 and ending November 27, 1980.
Honorable Bill Hutson of Cobb County as a member of the Board of Offender Rehabilitation, for the term of office beginning December 3, 1980 and ending November 27, 1984.
The following named persons as members of the State Board of Dispensing Opticians, for terms beginning August 25, 1980 and ending March 16, 1984: Franklin T. Coleman, Jr., of Dougherty County; Winnifred A. Colley of Douglas County.
Honorable Priscilla D. Oxley of Toombs County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning October 27, 1980 and ending July 1, 1983.

910

JOURNAL OF THE SENATE

The following named persons as members of the Georgia State Board of Examiners in Optometry, for terms beginning October 27, 1980 and ending September 6, 1983: Frank S. Gibson, O.D., of Upson County; I. Dell Engram, Jr., O.D., of Fulton County.
Honorable Mamie B. Reese of Dougherty County as a member of the State Board of Pardons and Paroles, for the term of office beginning May 14, 1980 and ending May 11, 1987.
The following named persons as members of the Georgia Peace Of ficer Standards and Training Council, for terms beginning October 27, 1980 and ending July 1, 1984: Lawrence E. Mahany of Chatham County; Louis Graham of Fulton County.
Honorable Gary B. Shepherd of Troup County as a member of the Georgia Peace Officer Standards and Training Council, for the term of of fice beginning December 17, 1980 and ending July 1, 1982.
Honorable Eloise B. Jenkins of Burke County as a member of the Georgia Peace Officer Standards and Training Council, for the term of of fice beginning January 22, 1981 and endingjuly 1, 1981.
Honorable Charles E. Storm of DeKalb County as State Commis sioner of Personnel Administration, for the term of office beginning April 4, 1980 and serving at the Pleasure of the Governor.
Honorable Oren H. Harden, Jr., of Worth County as a member of the Georgia State Board of Pharmacy, for the term of office beginning May 14, 1980 and ending November 1, 1984.
Honorable I. Pete Mills, Jr., of Jenkins County as a member of the Georgia State Board of Pharmacy, for the term of office beginning Oc tober 31, 1980 and ending November 1, 1985.
Honorable Dorothea A. Everett of DeKalb County as a member of the Georgia State Board of Physical Therapy, for the term of office begin ning October 30, 1980 and ending August 30, 1983.
Honorable Rhonda Shapiro of Columbia County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning October 31, 1980 and ending June 30, 1983.
Honorable Gordon Duggar, D.P.M., of DeKalb County as a member of the State Board of Podiatry Examiners, for the term of office beginning November 26, 1980 and ending May 5, 1983.
Honorable Edward Menifee of Fulton County as a member of the Board of Polygraph Examiners, for the term of office beginning December 22, 1980 and ending June 30, 1986.
Honorable William E. Johnson of Richmond County as a member of the Board of Polygraph Examiners, for the term of office beginning December 31, 1980 and ending July 15, 1986.

FRIDAY, FEBRUARY 20, 1981

911

Honorable Don Grantham of Richmond County as a member of the Georgia Ports Authority, for the term of office beginning July 3, 1980 and ending June 30, 1984.
The following named persons as members of the Private Colleges and Universities Facilities Authority, for terms beginning March 20, 1980 and ending January 1, 1982: Julia L. Mitchell of DeKalb County; J. Philip Cleaveland of Troup County.
Honorable Cornelius L. Henderson of Fulton County as a member of the Private Colleges and Universities Facilities Authority, for the term of office beginning March 20, 1980 and ending January 1, 1984.
The following named persons as members of the Private Colleges and Universities Facilities Authority, for terms beginning March 20, 1980 and ending January 1, 1986: Joseph H. Hilsman, III, of Fulton County; Mary W. Walker of Walton County.
Honorable Karen Ruff of Bartow County as a member of the Profes sional Standards Commission, for the term of office beginning January 30, 1981 and ending November 19, 1982.
The following named persons as members of the Professional Stan dards Commission, for terms beginning January 30, 1981 and ending November 19, 1983: Earline Loudermilk of Habersham County; Sherman R. Day of Fulton County; Jacquelyn Stephens of Chatham County; Edith Smoak of Glynn County; Marvin L. Fralish, Jr., of DeKalb County; Gwendolyn Mundy of Hall County.
Honorable Wiley S. Bolden of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning March 25, 1980 and ending January 7, 1985.
Honorable Ellen Perry of DeKalb County as a member of the State Board of Examiners of Psychologists, for the term of office beginning November 10, 1980 and ending July 1, 1985.
Honorable Deana W. Womack of Cobb County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning January 30, 1981 and ending July 1, 1985.
The following persons as members of the Study Committee on Public Higher Education Finance, for terms of office beginning January 22, 1981 and serving at the Pleasure of the Governor: Bradley Currey, Jr., of Gwinnett County; William F. Ford, Ph.D., of Fulton County; Gloria M. Shatto, Ph.D., of Floyd County; Prentiss Q. Yancey, Jr., of Fulton Coun ty.
Honorable Harold P. Craft, Jr., of Cobb County as a member of the Board of Public Safety, for the term of office beginning March 25, 1980 and ending January 20, 1983.

912

JOURNAL OF THE SENATE

The following named persons as members of the Public Telecom munications Task Force, for terms beginning April 18, 1980 and ending after reporting their findings to the 1981 session of the General Assembly: Gloria L. Anderson, Ph.D., of Fulton County; A. D. Frazier, Jr., of DeKalb County; J. Leonard Reinsch of Fulton County.
Honorable Patsy G. Cooper of Muscogee County as a member of the Georgia Real Estate Commission, for the term of office beginning May 14, 1980 and ending January 26, 1985.
Honorable Ralph NeSmith of Chatham County as a member of the Georgia Real Estate Commission, for the term of office beginning May 14, 1980 and ending January 26, 1984.
Honorable Raymond A. Miles of Decatur County as a member of the Georgia Real Estate Commission, for the term of office beginning Januarys, 1981 and ending January 26, 1986.
The following named persons as members of the Board of Recreation Examiners, for terms beginning November 26, 1980 and ending July 1, 1983: Claudia Mertl of Clayton County; James R. Champlin of Oconee County; Bettie Peak of Coffee County; Pat Bering of Cobb County; Ann Halstead of Fulton County; Sue Ruzicka of Muscogee County; Hubert Cranford of Fulton County; Fred Miller of DeKalb County.
The following named persons as members of the Georgia Residential Finance Authority, for terms beginning August 25, 1980 and ending August 25, 1984: J. Owen Westbrook of Haralson County; Gloria Borders of Fulton County.
Honorable Dan Hammack of Calhoun County as a member of the Georgia Residential Finance Authority, for the term of office beginning October 9, 1980 and ending October 9, 1984.
Honorable J. E. Sylvester Grooms of Thomas County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 10, 1980 and ending June 30, 1983.
Honorable Walter S. Lanter of Houston County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning December 17, 1980 and ending November 22, 1983.
Honorable Joseph W. Mclntosh of Muscogee County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning December 31, 1980 and ending November 22, 1983.
Honorable J. M. Plemons of Catoosa County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 14, 1980 and ending January 1, 1983.
Honorable Jimmy S. Johnson of Jackson County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 14, 1980 and ending January 1, 1984.

FRIDAY, FEBRUARY 20, 1981

913

Honorable H. Crawford Hewell of Fayette County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 14, 1980 and ending January 1, 1985.
Honorable Albert J. Bows of Fulton County as a member of the Southern Growth Policies Board, for the term of office beginning May 15, 1980 and serving at the Pleasure of the Governor.
Honorable Paul C. Broun of Clarke County as a member of the Board of Control for Southern Regional Education, for the term of office begin ning July 3, 1980 and ending June 30, 1984.
The following named persons as members of the Board of Examiners for Speech Pathology and Audiology, for terms beginning August 27, 1980 and ending June 24, 1983: Julia W. Hand of Fulton County; John C. Bess of Fulton County; Herbert C. Jones of Fulton County.
Honorable Walter M. Ligon, M.D., of Cobb County as a member of the Board of Examiners for Speech Pathology and Audiology, for the term of office beginning January 15, 1981 and ending June 24, 1983.
The following named persons as members of the Georgia Sports Hall of Fame, for terms beginning December 10, 1980 and ending November 29, 1986: Morris M. Bryan, Jr., of Jackson County; Loran Smith of Clarke County.
Honorable Spec Landrum of Cobb County as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 17, 1980 and ending November 29, 1986.
Honorable Nancy Stanton of Gwinnett County as a member of the Stone Mountain Memorial Association, for the term of office beginning May 14, 1980 and ending February 24, 1983.
Honorable Janis S. Murray of Fulton County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning July 3, 1980 and ending July 1, 1986.
Honorable Tom Faircloth of Thomas County as a member of the Georgia Tax Reform Commission, for the term of office beginning May 14, 1980 and serving at the Pleasure of the Governor.
Honorable Ernest L. Stroud, Jr., of Clayton County as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning July 3, 1980 and ending June 30, 1983.
The following named persons as members of the Board of Regents of the University System of Georgia, for terms beginning January 22, 1981 and ending January 1, 1988: John E. Skandalakis, M.D., of Fulton County Marie Dodd of Fulton County.
Honorable W. Wayne Reaves of Bibb County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning July 23, 1980 and ending May 20, 1984.

914

JOURNAL OF THE SENATE

The following named persons as members of the State Board of Registration of Used Car Dealers, for terms beginning July 30, 1980 and ending May 20, 1985: D. J. Sears of Toombs County; Bill McGahee of Richmond County.
Honorable Mack L. "Woody" Woodgeard of Clayton County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning August 9, 1980 and ending May 20, 1983.
Honorable Ernest W. Cloud, Jr., of Grady County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning October 31, 1980 and ending May 20, 1981.
Honorable Charles S. Johnson, III, of Fulton County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning October 31, 1980 and ending May 20, 1984.
Honorable Brenda E. Sanford of Fulton County as a member of the Board of Veterinary Medicine, for the term of office beginning November 17, 1980 and ending June 30, 1985.
Honorable Karen E. Wylie, D.V.M., of Cobb County as a member of the Board of Veterinary Medicine, for the term of office beginning December 9, 1980 and ending September 16, 1985.
Honorable James C. Fincher of Floyd County as a member of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, for the term of office beginning August 27, 1980 and ending August 17, 1984.
Honorable Harold E. Kerkhoff of Gwinnett County as a member of the State Board of Examiners for Certified Water and Wastewater Treat ment Plant Operators, for the term of office beginning August 27, 1980 and ending August 17, 1981.
Honorable Oliver R. Delk, III, of Fulton County as a member of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, for the term of office beginning November 26, 1980 and ending June 30, 1984.
The following named persons as members of the Water Well Stan dards Advisory Council, for terms beginning December 31, 1980 and ending July 1, 1983: Josephine C. Jones of Fulton County; William Peeples of Sumter County; H. Dale Smith of Liberty County; Ray L. Ward, Jr., of Cobb County.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980 and ending July 1, 1981: Emily-May Richards of DeKalb County; J. W. Robinson of Fulton County.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980 and ending July 1, 1982: John E. Aderhold of Fulton County; I. Owen Funderburg of Fulton County.

FRIDAY, FEBRUARY 20, 1981

915

The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980 and ending July 1, 1983: Charles L. Davis of Henry County; James S. Livingston of Emanuel County.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980 and ending July 1, 1984: Jasper Dorsey of Fulton County; Gene Dyson of DeKalb County.
Honorable John R. Riley of Chatham County as a member of the Georgia World Congress Center Authority, for the term of office begin ning January 12, 1981 and ending July 1, 1984.
Honorable Roy E. Barnes of Cobb County as a member of The 1980 Commission on the Future of the South, for the term of office beginning August 28, 1980 and serving at the Pleasure of the Governor.
The following named persons as members of the Joint Local Mental Health and Mental Retardation Governance Study Committee, for terms beginning October 9, 1980 and ending after reporting their findings and recommendations to the 1981 session of the General Assembly: Betty P. Spence of Dougherty County; Michael Morris of Fulton County; John R. Curtis of Clarke County.
Honorable William D. Kelley, Jr., of Fulton County as Administrator of the State Crime Commission, for the term of office beginning June 4, 1980 and serving at the Pleasure of the Governor.
Honorable Victor McEver Baird of DeKalb County as Consumers' Utility Counsel, for the term of office beginning June 30, 1980 and serv ing at the Pleasure of the Governor.
Honorable Carlton Fisher of DeKalb County as Director of the Office of Highway Safety, for the term of office beginning April 4, 1980 and ser ving at the Pleasure of the Governor.
Honorable Jim Higdon of Fulton County as Director of the State Crime Commission, for the term of office beginning April 4, 1980 and serving at the Pleasure of the Governor.
Honorable Joe Edwards, Ph.D., of Hall County as Commissioner of the Department of Human Resources, for the term of office beginning March 19, 1980 and serving as prescribed by law.
Honorable Jim Hammock of Laurens County as a member of the Public Service Commission, for the term of office beginning March 18, 1980 and serving until his successor is commissioned and qualified in ac cordance with Georgia Law.

Sincerely, /s/ George Busbee

916

JOURNAL OF THE SENATE

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor George Busbee, in a com munication to the Senate dated February 11, 1981.

Senator Allgood of the 22nd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on in dividually. The consent was granted.

The Committee on Higher Education submitted the following report which was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 16, 1981

The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met to consider the Governor's appointees to the Board of Regents of the University System of Georgia and voted unanimously to recommend the confirmation of the following appointees:
Honorable John E. Skandalakis, M.D., of Fulton County for the term of office beginning January 22, 1981 and ending January 1, 1988.
Honorable Marie Dodd of Fulton County for the term of office begin ning January 22, 1981 and ending January 1, 1988.

Sincerely,
Isl W. W. Fincherjr. Chairman, Senate Higher Education Committee

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Governor George Busbee.

The President ordered a roll call on all appointments, and the vote was as follows:

FRIDAY, FEBRUARY 20, 1981

917

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Bowen
Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb
Coleman Coverdell Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis
Hill Horton
Howard Hudgins Hudson Kennedy
Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stumbaugh
Summers Sutton
Tate Thompson Timmons Trulock
Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Deal

Fincher of 52nd Greene

Holloway Stephens

On the confirmation of the appointees, the yeas were 50, nays 0, and all of the appointees were confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:

OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
February 20, 1981

Honorable George Busbee Governor State Capitol Atlanta, Georgia

Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:

918

JOURNAL OF THE SENATE

Nominations sent to the Senate by you on February 11, 1981, were acted upon by the Georgia State Senate in session on February 20, 1981, with the following results:
The following named persons as members of the State Board of Ac countancy, for terms beginning October 27, 1980, and ending June 30, 1984: Judy N. Tabb of Fulton County; Wilbert Schwotzer of Fulton Coun ty; Richard M. Stewart of Lowndes County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Alan Burnham of Fulton County as a member of the State Board of Accountancy, for the term of office beginning October 30, 1980, and ending June 30, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Council on Aging, for terms beginning December 31, 1980, and ending December 15, 1981: Kay H. Hind of Dougherty County; Naomi E. Maddox of DeKalb County; Vita R. Ostrander of DeKalb County; Barbara P. Payne of DeKalb Coun ty; Clara W. West of McDuffie County; William J. Todd of Fulton Coun ty; Claude P. Smith of White County; A. H. (Al) Parsons of Carroll Coun ty. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Ford Spinks of Tift County as a member of the Georgia Agrirama Development Authority, for the term of office beginning January 19, 1981, and serving as provided by law. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable N. A. Jacobs, Jr., of Hall County as a member of the State Board for Examination, Qualification and Registration of Architects, for the term of office beginning March 25, 1980, and ending March 5, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Area Planning and Development Advisory Committee, for terms beginning August 7, 1980, and serving at the Pleasure of the Governor: Vernon Colbert of Bibb County; J. B. Jones of Lumpkin County; Hughes Willingham of Lincoln County; Charles A. Kent, Jr., of Tift County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Fred D. Bentley, Sr., of Cobb County as a member of the Georgia Council for the Arts and Humanities, for the term of office beginning December 12, 1980, and ending July 11, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Council for the Arts and Humanities, for terms beginning August 27, 1980, and end ing July 11, 1983: Julia F. Massey of Glynn County; Morrill T. Hutchinson of Troup County; Rosemary Stiefel of DeKalb County; R. Scott Coleman of Butts County; Barbara A. Shaw of Fulton County; Thomasenor Pearson of Laurens County; Eliot Wigginton of Rabun County; Wayne R. Vason of Morgan County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

FRIDAY, FEBRUARY 20, 1981

919

Honorable Warren G. Morris of Clarke County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning March 24, 1980, and ending January 31, 1986. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Jane M. Thomas of DeKalb County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning November 10, 1980, and ending January 31, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Gerald A. Bowie of Harris County as a member of the Georgia Auctioneers Commission, for the term of office beginning August 27, 1980, and ending August 14, 1985. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Edward D. Dunn of DeKalb County as Commissioner of the Department of Banking and Finance, for the term of office beginning April 4, 1980, and ending January 20, 1984. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Thomas W. Blount, Jr., of Sumter County as a member of the Georgia State Board of Barbers, for the term of office beginning December 18, 1980, and ending June 30, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Garnett Ben Johnson, Jr., of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning December 31, 1980, and ending July 25, 1983. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Raymond B. Brewer of DeKalb County as a member of the Georgia State Board of Barbers, for the term of office beginning January 26, 1981, and ending July 25, 1983. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable T. G. Rogers of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning December 31, 1980, and ending December 29, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Oliver C. Bateman of Bibb County as a member of the State Campaign and Financial Disclosure Commission, for the term of of fice beginning December 8, 1980, and ending May 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Cancer Advisory Committee, for terms beginning December 31, 1980, and ending December 31, 1982: S. Angier Wills, M.D., of DeKalb County; William A. Scoggin, M.D., of Richmond County; Robert L. Brown, M.D., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Cancer Advisory Committee, for terms beginning December 31, 1980, and ending December 31, 1983: John P. Wilson, M.D., of Fulton County; Simpson J.

920

JOURNAL OF THE SENATE

Clark of Fulton County; Ann Chappell of Oconee County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirm ed.
The following named persons as members of the Cancer Advisory Committee, for terms beginning December 31, 1980, and ending December 31, 1984: Bobbie Brewer of Cobb County; M. Julian Duttera, M.D., of Troup County; Mrs. Donald C. Knighton of Fulton County; James W. Mathis, M.D., of Lowndes County; Abdel H. Ragab, M.D., of DeKalb County; Ted R. Ridlehuber of Clarke County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Chiropractic Examiners, for terms beginning August 27, 1980, and end ing August 20, 1983: Eugene E. Sparlin, D.C., of Fulton County; Stanley H. Merica, D.C., of Baldwin County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Eleanor C. Main of DeKalb County as a member of the Georgia Board of Chiropractic Examiners, for the term of office begin ning October 31, 1980, and ending June 30, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Coastal Management Board, for terms beginning December 17, 1980, and ending October 1, 1983: Marvin F. Clark of Liberty County; Don Mendonsa of Chatham County; Thomas Owen of Chatham County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable J. D. Benefield of Glynn County as a member of the Georgia Coastal Management Board, for the term of office beginning December 31, 1980, and ending October 1, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Communi ty Affairs, for terms beginning July 3, 1980, and ending June 30, 1983: H. Hearn Lumpkin of Fulton County; Lillian Webb of Gwinnett County; Leroy H. Johnson of Coweta County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable J. B. Jones of Lumpkin County as a member of the Board of Community Affairs, for the term of office beginning January 8, 1981, and ending July 1, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Construction In dustry Licensing Board, for terms beginning July 11, 1980, and ending June 30, 1982: Walter L. Kibble of Fulton County; J. C. Bray of Muscogee County; John G. Mauldin of Glynn County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Construction In dustry Licensing Board for terms beginning July 11, 1980, and ending June 30, 1984: Brice W. Bishop of Clarke County; William P. McCuen of Chatham County; Riley T. Stephens of DeKalb County; P. J. Wise of

FRIDAY, FEBRUARY 20, 1981

921

Sumter County; John Gay of Dougherty County; Virgil B. Harper, Jr., of Cobb County; Thomas C. Payne of Fulton County; Paul T. Addis of Clayton County; Arthur D. Brook of Bibb County; Franklin Rhodes of Dougherty County; Edwin L. Whatley of Spalding County; Bob W. Dean of Fulton County; Ella Alexander of Fulton County; Constance W. Paris of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia State Board of Cosmetology, for terms beginning May 15, 1980, and ending May 1, 1983: Linda L. Caudell of Banks County; Mary Waddell of Haralson County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Bettye Hutchings of Bibb County as Chairperson of the State Crime Commission, for the term of office beginning June 26, 1980, and serving at the Pleasure of the Governor. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Richard M. Bond of Sumter County as a member of the State Crime Commission, for the term of office beginning July 31, 1980, and serving at the Pleasure of the Governor. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable H. Reginald Thompson of Emanuel County as a member of the State Crime Commission, for the term of office beginning August 25, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee wasconfirmed.
Honorable Joseph Willoughby Looper, D.D.S., of DeKalb County as a member of the Georgia Board of Dentistry, for the term of office begin ning December 18, 1980, and ending August 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Judith Hendrix of Cobb County as a member of the Georgia Board of Dentistry, for the term of office beginning December 31, 1980, and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable John Robert Smith, D.D.S., of Muscogee County as a member of the Georgia Board of Dentistry, for the term of office begin ning December 18, 1980, and ending August 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Roy V. Noble, Jr., of Dooly County as a member of the Georgia Development Authority, for the term of office beginning January 19, 1981, and ending July 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Linda Cleveland of Fulton County as a member of the Georgia Development Authority, for the term of office beginning January 22, 1981, and ending July 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

922

JOURNAL OF THE SENATE

Honorable Xernona Clayton Brady of Fulton County as a member of the Board of Review of the Employment Security Agency, for the term of office beginning June 11, 1980, and ending November 14, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
Honorable John W. Wilcox, Jr., of Cobb County as a member of the Board of Review of the Employment Security Agency, for the term of of fice beginning November 17, 1980, and ending November 14, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Georgia Energy Regulatory Reform Commission, for terms beginning October 15, 1980, and ending after reporting their findings to tbe 1981, session of the General Assembly: David Otis Benson of Douglas County; Cliff Litherland of Columbia County; Robert B. Remar of Fulton County; Sam Shelton of DeKalb County; Robert S. Ware of Troup County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
The following named persons as members of the Georgia Council for Energy Resources, for terms beginning August 25, 1980, and ending July 1, 1984: J. F. McCloud of Glynn County; Thomas O. Cordy of Fulton County; Clyde D. Cox of Hall County; G. Mayo Livingston of Decatur County; Doris I. Willmer of DeKalb County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable H. Alfred Bolton, III, of Spalding County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 7, 1980, and ending June 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Russell Chapman, Jr., of DeKalb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 7, 1980, and ending June 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Ann W. Cramer of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning October 27, 1980, and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Sue Clark of Ware County as a member of the Georgia Forest Research Council, for the term of office beginning December 10, 1980, and ending August 25, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Lynn H. Hester of Fulton County as a member of the State Board of Registration for Foresters, for the term of office beginning Oc tober 31, 1980, and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 20, 1981

923

Honorable Leon A. Hargreaves, Jr., of Clarke County as a member of the State Board of Registration for Foresters, for the term of office begin ning October 30, 1980, and ending July 1, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable T. Felton Denney of Carroll County as a member of the State Forestry Commission, for the term of office beginning January 19, 1981, and ending January 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Claude A. McKibben of Troup County as a member of the Georgia State Board of Funeral Service, for the term of office beginning December 17, 1980, and ending February 13, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Alicia A. Philipp of Fulton County as a member of the State Board of Registration for Professional Geologists, for the term of of fice beginning October 31, 1980, and ending June 30, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Joe H. McKenzie, Jr., of Baldwin County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning December 17, 1980, and ending November 24, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Great Park Authori ty, for terms beginning April 18, 1980, and serving at the Pleasure of the Governor: Jean Bowen of Fulton County; Lawrence L. Gellerstedt, Jr., of Fulton County; Frank C. Jones of Fulton County; Frances M. Milam of DeKalb County; James W. Oxendine of DeKalb County; Thomas G. Smith of Fulton County; Pelham C. Williams of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
Honorable Hill McKemie of Clay County as a member of the State Health Planning Review Board, for the term of office beginning July 21, 1980, and serving at the Pleasure of the Governor. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.

Honorable Julia Hilburn of Floyd County as a member of the State Health Planning Review Board, for the term of office beginning December 31, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Board of Hearing Aid Dealers and Dispensers, for terms beginning December 18, 1980, and ending July 1, 1982: Raymond Waters, M.D., of Floyd County; H. Jammell Corley, Jr., of Bibb County; Ishmael C. Childs of DeKalb Coun ty; Hugh Bray of Muscogee County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

924

JOURNAL OF THE SENATE

Honorable Mimi Barnes of Gwinnett County as a member of the Board of Hearing Aid Dealers and Dispensers, for the term of office beginning December 18, 1980, and ending June 15, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Terry Shapiro, M.D., of Cobb County as a member of the Board of Hearing Aid Dealers and Dispensers, for the term of office beginning December 31, 1980, and ending June 15, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable George Rogers of Liberty County as a member of the Heritage Trust Commission, for the term of office beginning March 24, 1980, and ending May 24, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Heritage Trust Commission, for terms beginning December 10, 1980, and ending May 24, 1982: William L. Berry of Carroll County; Edward J. Cashin, Jr., of Richmond County; Eunice L. Mixon of Tift County; Loraine P. Williams of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Heritage Trust Commission, for terms beginning December 10, 1980, and ending May 24, 1983: Adelaide W. Ponder of Morgan County; Marvin Goldstein of Fulton County; Anne G. Stroud of Dougherty County; Jennie Tate Anderson of Cobb County; George A. Rogers of Bulloch County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
Honorable John R. Carlisle of Spalding County as a member of the Heritage Trust Commission, for the term of office beginning December 11, 1980, and ending May 24, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Bobby R. Dixon of Toombs County as a member of the Charles H. Herty Foundation, for the term of office beginning January 23, 1981, and ending February 19, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources for terms beginning December 10, 1980, and ending April 6, 1985: John S. Thibadeau of DeKalb County; William B. Dunaway of Cobb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Ellen B. Coody of DeKalb County as a member of the Board of Industry and Trade, for the term of office beginning January 9, 1981, and ending April 1, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Donald P. Gammon of Glynn County as a member of the Jekyll Island State Park Authority, for the term of office beginning July 3, 1980 and ending July 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 20, 1981

925

Honorable Laura D. Raines of Fulton County as a member of the Judicial Qualifications Commission, for the term of office beginning December 17, 1980, and ending December 31, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Justice Courts Training Council, for terms beginning December 31, 1980 and ending August 7, 1982: Lois Bailey of Clayton County; Eleanor Dotson of Charlton County; George W. Eisel of Hancock County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Johnnie L. Clark of Fulton County as a member of the Lake Lanier Islands Development Authority, for the term of office begin ning May 15, 1980, and ending May 15, 1984. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Betty Benson of Forsyth County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning October 27, 1980, and ending May 15, 1982. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Jeffrey D. Scott of Brooks County as a member of the Georgia State Board of Landscape Architects, for the term of office begin ning November 11, 1980, and ending April 1, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable June D. Harrell of Fulton County as a member of the Georgia State Board of Landscape Architects, for the term of office begin ning November 11, 1980, and ending April 1, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Emily H. Anthony of White County as a member of the State Board for Certification of Librarians, for the term of office begin ning March 25, 1980, and ending January 1, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Virginia L. Jones of Fulton County as a member of the State Board for Certification of Librarians, for the term of office begin ning March 25, 1980, and ending January 1, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Trudie E. Carmichael of DeKalb County as a member of the State Board for Certification of Librarians, for the term of office beginning October 31, 1980, and ending December 31, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Nancy Beasley of Bartow County as a member of the State Board for Certification of Librarians, for the term of office beginning December 18, 1980, and ending December 31, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Medical Assistance, for the terms beginning July 3, 1980, and ending June 30, 1984: Vivian P. Hartman of Baldwin County; Clem T. Hosea of Stephens County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

926

JOURNAL OF THE SENATE

The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980, and ending September 1, 1981: S. Charlotte Neuberg, M.D., of Bibb County; George M. Chastain, M.D., of Dougherty County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980, and ending September 1, 1982: James M. Kelley, M.D., of Floyd County; M. Virginia Tuggle, M.D., of DeKalb County; Bernard J. Bridges, M.D., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Joseph L. Vinci, D.O., of Gwinnett County as a member of the Composite State Board of Medical Examiners, for the term of office beginning December 31, 1980, and ending September 10, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980, and ending September 1, 1983: Albert M. Deal, M.D., of Bulloch County; J. Watts Lipscomb, M.D., of Clayton County; Robert E. Thompson, M.D., of Stephens County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Donald L. Kennedy, D.O., of Johnson County as a member of the Composite State Board of Medical Examiners, for the term of office beginning December 31, 1980, and ending September 10, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 31, 1980, and ending September 1, 1984: H. Hilt Hammett, M.D., of Troup Coun ty; John B. O'Neal III, M.D., of Elbert County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Beth Parker of DeKalb County as a member of the Com posite State Board of Medical Examiners, for the term of office beginning December 31, 1980, and ending December 31, 1984. The vote on this confirmation was yeas 50, nays 0, and the norninee was confirmed.
Honorable Paul C. Broun of Clarke County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning August 25, 1980, and ending June 30, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the State Advisory Council for Mental Health and Mental Retardation, for terms beginning August 25, 1980, and ending June 30, 1983: James C. Bush of Dougherty County; Robert R. Cook of Chatham County; Deedy Bartenfeld of Fulton

FRIDAY, FEBRUARY 20, 1981

927

County; Dr. John R. Curtis of Clarke County; Peter N. Mayfield, Ph.D., of Fulton County; Othniel W. McGehee of Bibb County; Ben H. Portman of Chatham County; Allan W. Russell of Baldwin County; Betty P. Spence of Dougherty County; Dr. C. O. Templeton of Lowndes County; Dr. Glenn A. Vergason of Fulton County; Mrs. Edward E. (Susie) Elson of Fulton County; Conway Hunter, Jr., M.D., of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
Honorable William Russell Edwards, Ph.D., of Clarke County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning October 14, 1980, and end ing June 30, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Advisory Council for Mental Health and Mental Retardation, for terms beginning December 31, 1980, and ending June 30, 1983: Wiley Bolden of Fulton County; Ruth P. Williams of Glynn County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Clyde W. Jackson of Bartow County as a member of the Board of Natural Resources, for the term of office beginning December 10, 1980, and ending January 1, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Leonard Foote of Cherokee County as a member of the Board of Natural Resources, for the term of office beginning December 10, 1980, and ending March 16, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Natural Resources, for terms beginning December 31, 1980, and ending January 1, 1988: Robert B. Ormsby, Jr., of Fulton County; Donald J. Carter of Hall County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Nursing, for terms beginning December 31, 1980, and ending September 23, 1982: Lucille B. Wilson of Dougherty County; Marlene P. Mitchell of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Nursing, for terms beginning December 31, 1980, and ending September 23, 1983: Olive Raines of DeKalb County; Ann V. Shaver of Stephens County; Helen T. Milian of Muscogee County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Julia T. Dyar of Troup County as a member of the Georgia Board of Nursing, for the term of office beginning December 31, 1980, and ending December 31, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

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JOURNAL OF THE SENATE

Honorable Martha M. Chesser of Fulton County as a member of the Board of Examiners of Licensed Practical Nurses, for the term of office beginning December 31, 1980, and ending April 1, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Barbara G. Carter of Fulton County as a member of the Board of Examiners of Licensed Practical Nurses, for the term of office beginning December 31, 1980, and ending July 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning December 18, 1980, and ending December 29, 1982: Ron Addington of Stephens Coun ty; Sylvia F. Andrews of DeKalb County; Paula M. Bingham of Lumpkin County; Selena D. Dunn of Fulton County; George F. Green, M.D., of Hancock County; James R. Westbury of Spalding County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
Honorable Myrtle Vickers of Coffee County as a member of the Georgia State Board of Nursing Home Administrators, for the term of of fice beginning December 18, 1980, and ending June 4, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning December 18, 1980, and ending October 26, 1983: Harley C. Morrison of Chatham County; Solomon Nixon of Tift County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Jane M. Strain of Troup County as a member of the Georgia State Board of Nursing Home Administrators, for the term of of fice beginning December 31, 1980, and ending December 29, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
Honorable Mary Louis Austin of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning November 17, 1980, and ending June 30, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Joseph C. Underwood of Montgomery County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980, and ending November 27, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Felker W. Ward, Jr., of Fulton County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980, and ending January 25, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Preston N. Rawlins, Jr., of Telfair County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980, and ending November 27, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 20, 1981

929

Honorable Lynthia W. Miller of Richmond County as a member of the Board of Offender Rehabilitation, for the term of office beginning April 10, 1980, and ending January 25, 1984. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Bill Hutson of Cobb County as a member of the Board of Offender Rehabilitation, for the term of office beginning June 26, 1980, and ending November 27, 1980. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Bill Hutson of Cobb County as a member of the Board of Offender Rehabilitation, for the term of office beginning December 3, 1980, and ending November 27, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Dispensing Opticians, for terms beginning August 25, 1980, and ending March 16, 1984: Franklin T. Coleman, Jr., of Dougherty County; Winnifred A. Colley of Douglas County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Priscilla D. Oxley of Toombs County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning October 27, 1980, and ending July 1, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Examiners in Optometry, for terms beginning October 27, 1980, and ending September 6, 1983: Frank S. Gibson, O.D., of Upson County; I. Dell Engram, Jr., O.D., of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Mamie B. Reese of Dougherty County as a member of the State Board of Pardons and Paroles, for the term of office beginning May 14, 1980, and ending May 11, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Peace Of ficer Standards and Training Council, for terms beginning October 27, 1980, and ending July 1, 1984: Lawrence E. Mahany of Chatham County; Louis Graham of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Gary B. Shepherd of Troup County as a member of the Georgia Peace Officer Standards and Training Council, for the term of of fice beginning December 17, 1980, and ending July 1, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Eloise B. Jenkins of Burke County as a member of the Georgia Peace Officer Standards and Training Council, for the term of of fice beginning January 22, 1981, and ending July 1, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

930

JOURNAL OF THE SENATE

Honorable Charles E. Storm of DeKalb County as State Commis sioner of Personnel Administration, for the term of office beginning April 4, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Oren H. Harden, Jr., of Worth County as a member of the Georgia State Board of Pharmacy, for the term of office beginning May 14, 1980, and ending November 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable I. Pete Mills, Jr., of Jenkins County as a member of the Georgia State Board of Pharmacy, for the term of office beginning Oc tober 31, 1980, and ending November 1, 1985. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Dorothea A. Everett of DeKalb County as a member of the Georgia State Board of Physical Therapy, for the term of office begin ning October 30, 1980, and ending August 30, 1983. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Rhonda Shapiro of Columbia County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning October 31, 1980, and ending June 30, 1983. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Gordon Duggar, D.P.M., of DeKalb County as a member of the State Board of Podiatry Examiners, for the term of office beginning November 26, 1980, and ending May 5, 1983. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Edward Menifee of Fulton County as a member of the Board of Polygraph Examiners, for the term of office beginning December 22, 1980, and ending June 30, 1986. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William E. Johnson of Richmond County as a member of the Board of Polygraph Examiners, for the term of office beginning December 31, 1980, and ending July 15, 1986. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Don Grantham of Richmond County as a member of the Georgia Ports Authority, for the term of office beginning July 3, 1980, and ending June 30, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Private Colleges and Universities Facilities Authority, for terms beginning March 20, 1980, and ending January 1, 1982: Julia L. Mitchell of DeKalb County; J. Philip Cleaveland of Troup County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Cornelius L. Henderson of Fulton County as a member of the Private Colleges and Universities Facilities Authority, for the term of office beginning March 20, 1980, and ending January 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirm ed.

FRIDAY, FEBRUARY 20, 1981

931

The following named persons as members of the Private Colleges and Universities Facilities Authority, for terms beginning March 20, 1980, and ending January 1, 1986: Joseph H. Hilsman, III, of Fulton County; Mary W. Walker of Walton County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Karen Ruff of Bartow County as a member of the Profes sional Standards Commission, for the term of office beginning January 30, 1981, and ending November 19, 1982. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Stan dards Commission, for terms beginning January 30, 1981, and ending November 19, 1983: Earline Loudermilk of Habersham County; Sherman R. Day of Fulton County; Jacquelyn Stephens of Chatham County; Edith Smoak of Glynn County; Marvin L. Fralish, Jr., of DeKalb County; Gwendolyn Mundy of Hall County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Wiley S. Bolden of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning March 25, 1980, and ending January 7, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Ellen Perry of DeKalb County as a member of the State Board of Examiners of Psychologists, for the term of office beginning November 10, 1980, and ending July 1, 1985. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable Deana W. Womack of Cobb County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning January 30, 1981, and ending July 1, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following persons as members of the Study Committee on Public Higher Education Finance, for terms of office beginning January 22, 1981, and serving at the Pleasure of the Governor: Bradley Currey, Jr., of Gwinnett County; William F. Ford, Ph.D., of Fulton County; Gloria M. Shatto, Ph.D., of Floyd County; Prentiss Q. Yancey, Jr., of Fulton Coun ty. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Harold P. Craft, Jr., of Cobb County as a member of the Board of Public Safety, for the term of office beginning March 25, 1980, and ending January 20, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Public Telecom munications Task Force, for terms beginning April 18, 1980, and ending after reporting their findings to the 1981 session of the General Assembly: Gloria L. Anderson, Ph.D., of Fulton County; A. D. Frazier, Jr., of DeKalb County; J. Leonard Reinsch of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.

932

JOURNAL OF THE SENATE

Honorable Patsy G. Cooper of Muscogee County as a member of the Georgia Real Estate Commission, for the term of office beginning May 14, 1980, and ending January 26, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Ralph NeSmith of Chatham County as a member of the Georgia Real Estate Commission, for the term of office beginning May 14, 1980, and ending January 26, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Raymond A. Miles of Decatur County as a member of the Georgia Real Estate Commission, for the term of office beginning January 8, 1981, and ending January 26, 1986. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Recreation Examiners, for terms beginning November 26, 1980, and ending July 1, 1983: Claudia Mertl of Clayton County; James R. Champlin of Oconee County; Bettie Peak of Coffee County; Pat Bering of Cobb County; Ann Halstead of Fulton County; Sue Ruzicka of Muscogee County; Hubert Cranford of Fulton County; Fred Miller of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
The following named persons as members of the Georgia Residential Finance Authority, for terms beginning August 25, 1980, and ending August 25, 1984: J. Owen Westbrook of Haralson County; Gloria Borders of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Dan Hammack of Calhoun County as a member of the Georgia Residential Finance Authority, for the term of office beginning October 9, 1980, and ending October 9, 1984. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
Honorable J. E. Sylvester Grooms of Thomas County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 10, 1980, and ending June 30, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Walter S. Lanter of Houston County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning December 17, 1980, and ending November 22, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Joseph W. Mclntosh of Muscogee County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning December 31, 1980, and ending November 22, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 20, 1981

933

Honorable J. M. Plemons of Catoosa County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 14, 1980, and ending January 1, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Jimmy S. Johnson of Jackson County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 14, 1980, and ending January 1, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable H. Crawford Hewell of Fayette County as a member of the State Soil and Water Conservation Committee, for the term of office beginning May 14, 1980, and ending January 1, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Albert J. Bows of Fulton County as a member of the Southern Growth Policies Board, for the term of office beginning May 15, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Paul C. Broun of Clarke County as a member of the Board of Control for Southern Regional Education, for the term of office begin ning July 3, 1980, and ending June 30, 1984. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Examiners for Speech Pathology and Audiology, for terms beginning August 27, 1980, and ending June 24, 1983: Julia W. Hand of Fulton County; John C. Bess of Fulton County; Herbert C. Jones of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were con firmed.
Honorable Walter M. Ligon, M.D., of Cobb County as a member of the Board of Examiners for Speech Pathology and Audiology, for the term of office beginning January 15, 1981, and ending June 24, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Georgia Sports Hall of Fame, for terms beginning December 10, 1980, and ending November 29, 1986: Morris M. Bryan, Jr., of Jackson County; Loran Smith of Clarke County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Spec Landrum of Cobb County as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 17, 1980, and ending November 29, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Nancy Stanton of Gwinnett County as a member of the Stone Mountain Memorial Association, for the term of office beginning May 14, 1980, and ending February 24, 1983. The vote on this confirma tion was yeas 50, nays 0, and the nominee was confirmed.

934

JOURNAL OF THE SENATE

Honorable Janis S. Murray of Fulton County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning July 3, 1980, and ending July 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Tom Faircloth of Thomas County as a member of the Georgia Tax Reform Commission, for the term of office beginning May 14, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Ernest L. Stroud, Jr., of Clayton County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning July 3, 1980, and ending June 30, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Board of Regents of the University System of Georgia, for terms beginning January 22, 1981, and ending January 1, 1988: John E. Skandalakis, M.D., of Fulton Coun ty; Marie Dodd of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable W. Wayne Reaves of Bibb County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning July 23, 1980, and ending May 20, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Registration of Used Car Dealers, for terms beginning July 30, 1980, and ending May 20, 1985: D. J. Sears of Toombs County; Bill McGahee of Richmond County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Mack L. "Woody" Woodgeard of Clayton County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning August 9, 1980, and ending May 20, 1983. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
Honorable Ernest W. Cloud, Jr., of Grady County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning October 31, 1980, and ending May 20, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Charles S. Johnson, III, of Fulton County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning October 31, 1980, and ending May 20, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Brenda E. Sanford of Fulton County as a member of the Board of Veterinary Medicine, for the term of office beginning November 17, 1980, and ending June 30, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 20, 1981

935

Honorable Karen E. Wylie, D.V.M., of Cobb County as a member of the Board of Veterinary Medicine, for the term of office beginning December 9, 1980, and ending September 16, 1985. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James C. Fincher of Floyd County as a member of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, for the term of office beginning August 27, 1980, and ending August 17, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Harold E. Kerkhoff of Gwinnett County as a member of the State Board of Examiners for Certified Water and Wastewater Treat ment Plant Operators, for the term of office beginning August 27, 1980, and ending August 17, 1981. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Oliver R. Delk, III, of Fulton County as a member of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, for the term of office beginning November 26, 1980, and ending June 30, 1984. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Water Well Stan dards Advisory Council, for terms beginning December 31, 1980, and ending July 1, 1983: Josephine C. Jones of Fulton County; William Peeples of Sumter County; H. Dale Smith of Liberty County; Ray L. Ward, Jr., of Cobb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980, and ending July 1, 1981: Emily-May Richards of DeKalb County; J. W. Robinson of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980, and ending July 1, 1982: John E. Aderhold of Fulton County; I. Owen Funderburg of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980, and ending July 1, 1983: Charles L. Davis of Henry County; James S. Livingston of Emanuel County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia World Con gress Center Authority, for terms beginning July 1, 1980, and ending July 1, 1984: Jasper Dorsey of Fulton County; Gene Dyson of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.

936

JOURNAL OF THE SENATE

Honorable John R. Riley of Chatham County as a member of the Georgia World Congress Center Authority, for the term of office begin ning January 12, 1981, and ending July 1, 1984. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Roy E. Barnes of Cobb County as a member of The 1980 Commission on the Future of the South, for the term of office beginning August 28, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was con firmed.
The following named persons as members of the Joint Local Mental Health and Mental Retardation Governance Study Committee, for terms beginning October 9, 1980, and ending after reporting their findings and recommendations to the 1981 session of the General Assembly: Betty P. Spence of Dougherty County; Michael Morris of Fulton County; John R. Curtis of Clarke County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable William D. Kelley, Jr., of Fulton County as Administrator of the State Crime Commission, for the term of office beginning June 4, 1980, and serving at the Pleasure of the Governor. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Victor McEver Baird of DeKalb County as Consumers' Utility Counsel, for the term of office beginning June 30, 1980, and serv ing at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Carlton Fisher of DeKalb County as Director of the Office of Highway Safety, for the term of office beginning April 4, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Jim Higdon of Fulton County as Director of the State Crime Commission, for the term of office beginning April 4, 1980, and serving at the Pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Joe Edwards, Ph.D., of Hall County as Commissioner of the Department of Human Resources, for the term of office beginning March 19, 1980, and serving as prescribed by law. The vote on this con firmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Jim Hammock of Laurens County as a member of the Public Service Commission, for the term of office beginning March 18, 1980, and serving until his successor is commissioned and qualified in accordance with Georgia Law. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

Sincerely yours,
I si Hamilton McWhorter, Jr. Secretary of the Senate

FRIDAY, FEBRUARY 20, 1981

937

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 296. By Senator Starr of the 44th:
A bill to amend Code Section 24A-401, relating to definitions under the Juvenile Court Code of Georgia, as amended, so as to change the defini tion of the term ' 'unruly child''.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Hill Hollo way Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Fincher of 52nd

Greene

Timmons

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

938 Mr. President:

JOURNAL OF THE SENATE

The House insists on its position in amending the Senate substitute, and has ap pointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Vaughn of the 57th, Harris of the 8th, and Collins of the 144th.

The following general bill of the House was taken up for the purpose of con sidering the House disagreement to the Senate substitute thereto:

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81.

Senator Broun of the 46th moved that the Senate adhere to the Senate substitute to HB 162, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 162.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Holloway of the 12th, Allgood of the 22nd and Broun of the 46th.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

FRIDAY, FEBRUARY 20, 1981

939

SB 247. By Senator Hudgins of the 15th:
A bill to amend an Act known as the ' 'Development Authorities Law,'' as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain commercial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word ' 'project''.

Senator Hudgins of the 15th offered the following substitute to SB 247:

A BILL
To be entitled an Act to amend an Act known as the "Development Authorities Law," approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain commercial enterprises, expand local credit and capital and reduce unemployment; to change the definition of the word "project"; to change certain provisions relating to taxation; to provide legislative in tent; 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 "Development Authorities Law," approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by adding at the end of subsection (e) of Section 1, the follow ing:
"(12.) The acquisition, construction, improvement or modifica tion of any facilities or any property, real or personal or both, located or to be located within the Area of Operation of the Authority, to be used for making wholesale or retail sales, and ancillary sales activities customarily associated therewith, to the general public or to any seg ment of the general public."
Section 2. Said Act is further amended by striking in its entirety Sec tion 10 thereof and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. This Act is passed pursuant to authority granted the General Assembly by amendment to the Constitution of the State of Georgia (Ga. laws 1968, p. 1608), duly ratified and proclaimed. Each Authority hereby created is created for nonprofit and public purposes, and it is hereby found, determined, and declared that the creation of each such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State, that the Authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this Act and for such reasons, the State covenants with the holder from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal

940

JOURNAL OF THE SENATE

corporations, political subdivisions, or taxing districts upon any pro perty acquired by the Authority or under its jurisdiction, control, possession, or supervision or leased by it to others, (other than proper ty leased for the purposes of a project defined in Section 1 (e)(10), or (11) or (12) which shall be taxable by the State and its counties, municipal corporations, political subdivisions, and taxing districts), or upon its activities in the operation or maintenance of any such proper ty or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or other wise, and that the bonds of such Authority, their transfer and the in come therefrom shall at all times be exempt from taxation within the State. The tax exemption herein provided shall not include any ex emption from sales and use tax on property purchased by the Authori ty or for use by the Authority.''
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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.

On 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 Bowen Brantley Broun of 46th Bryant Cobb

Coleman Eldridge English Foster Garner Gillis Horton Hudgins

Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

FRIDAY, FEBRUARY 20, 1981

941

Scott Starr Stephens

Stumbaugh Summers Tate

Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Bond Brannon Brown of 47th Coverdell Deal

Dean Engram Evans Hill Reynolds

Robinson Sutton Thompson Trulock Tysinger

Those not voting were Senators:

Barnes Fincher of 52nd Fincher of 54th

Greene Holloway

Howard Timmons

On the passage of the bill, the yeas were 33, nays 16.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was read the first time and referred to commit tee:

HB 211. By Representatives Thomas and Johnson of the 66th, Sizemore of the 136th and others:
A bill to amend the "Adequate Program for Education in Georgia Act", so as to provide that teachers and other professional personnel holding lifetime certificates may, when additional training qualifies them for another classification of certification, obtain a lifetime certificate in such category.
Referred to Committee on Education.

Senator Garner of the 30th introduced the doctor of the day, Dr. Ray Fowler, of Lithia Springs, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until Mon day, February 23, at 10:00 o'clock A.M.

At 2:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 23.

942

JOURNAL. OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 23, 1981

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of Friday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 613. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of Georgia pertaining to the City of Ashburn in the County of Turner, to provide a new Charter therefor.

HB 661. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation and expense allowance of the members of said board and change the compensation of the chairman.

HB 663. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the Tax Com missioner.

HB 664. By Representatives Martin of the 60th and Wall of the 61st:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the sheriff.

MONDAY, FEBRUARY 23, 1981

943

HB 665. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the clerk of superior court and probate judge.

HB 703. By Representative Dover of the 11th:
A bill to create a new charter for the City of Clarkesville in the county of Habersham.

HB 704. By Representative Dover of the 11th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the compensation of the coroner.

HB 705. By Representative Dover of the 11 th:
A bill to amend an Act entitled ' 'An Act to provide for a secretary for the Solicitor of the State Court of Habersham County"; to fix the compensa tion for such secretary and provide for payment of same.
HB 706. By Representative Dover of the 11th:
A bill to amend an Act creating and establishing the State Court of Haber sham County (formerly the City Court of Habersham County), so as to change the compensation of the judge and solicitor of said court.

HB 707. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

HB 711. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Wadley, so as to change certain provisions relating to eligibility to serve as and ser vice as recorder.

HB 712. By Representative Vaughn of the 57th:
A bill to provide for a board of registrations and elections in certain coun ties; to provide for the powers and duties of the board.

HB 713. 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 method of filling vacancies.

944

JOURNAL OF THE SENATE

HB 714. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change the compensation of the board members.

HB 715. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court and the clerical help of the clerk of the superior court.

HB 720. By Representatives Colbert of the 23rd, Lowe, Couch and Greer of the 43rd:
A bill to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Alpharetta, in the County of Fulton, State of Georgia and all amendments in respect thereto; to create a new charter of said corporation.

HB 721. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to create the Athens-Clarke County Charter Commission.

HB 360. By Representative Peters of the 2nd:
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 requirements 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.

HB 206. By Representatives Richardson of the 52nd, Martin of the 60th, Dent of the 85th and others:
A bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act", so as to change the method of appointment of members of the Board of Examiners of Speech Pathology and Audiology.

HB 481. By Representative Ham of the 80th:
A bill to amend Code Section 84-4004, relating to exceptions to the provi sions of Code Chapter 84-40, relating to landscape architects, so as to provide for an exception to the requirement of a license for landscape ar chitects for employees of state agencies, counties, and cities.

MONDAY, FEBRUARY 23, 1981

945

HB 475. By Representative Phillips of the 120th:
A bill to amend Code Chapter 91A-32, relating to intangible recording tax, so as to exempt from taxation that part of the face amount of a longterm note secured by real estate which represents a refinancing of un paid principal on a previous long-term note secured by real estate.

HB 574. By Representatives Fuller of the 16th, Wood of the 9th, Pilewicz of the 41st and others:
A bill to amend Code Chapter 114-6a, relating to group self-insurance funds for workers' compensation purposes, so as to transfer regulation of the group self-insurance funds authorized by said chapter from the Secretary of State to the Insurance Commissioner.

HB 604. By Representatives Edwards of the 110th, Fuller of the 16th, Childers of the 15th 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 which provides coverage for services within the scope of an optometrist duly licensed to practice in this state shall pro vide that such reimbursements are payable regardless of whether such services are performed by a doctor of medicine or by an optometrist.

HB 595. By Representatives Lambert of the 112th, Argo of the 63rd, Martin of the 60th and others:
A bill to amend the "Executive Reorganization Act of 1972', so as to change the composition of the Board of Public Safety.

HB 271. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act creating the Superior Court Judges' Retirement System", so as to change the provisions relative to spouses' benefits for certain superior court judges.

HB 15. By Representatives Parham of the 109th and Baugh of the 108th:
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 421. By Representative Pinkston of the 100th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, so as to redefine "common bond"; to provide for a board of directors.

946

JOURNAL OF THE SENATE

HB 197. By Representatives Bray of the 70th, Hawkins of the 50th, Fuller of the 27th and others:
A bill to amend Code Section 34A-503, relating to qualifications of registrars and deputy registrars, so as to authorize the municipal govern ing authority to appoint county registrars and deputy registrars as deputy registrars of the municipality.

HB 218. By Representatives Colwell of the 4th and Hays of the 1 st:
A bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public work camps, and prisoners, so as to provide for the placement of detainers of prison inmates having outstanding sentences.

HB 121. By Representatives Wood of the 9th, Hays of the 1st, Padgett of the 86th and others:
A bill to create a State Emergency Management Agency.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 84. By Senators McGill of the 24th, Kennedy of the 4th, Walker of the 19th and others:
A resolution honoring Georgia's agricultural industy by designating March 9, 1981, as ' 'Agriculture Day" in Georgia.

SR 92. By Senators Thompson of the 32nd, Hudson of the 35th, Brannon of the 51st and others:
A resolution commending the Georgia Air National Guard.

The House has agreed to the Senate amendments 1 to the following bills and resolution of the House:
HB 47. By Representatives Childs of the 51st, Murphy of the 18th, Ramsey of the 3rd and others:
A bill to amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, so as to change the expenses and allowances.

HB 301. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers.

MONDAY, FEBRUARY 23, 1981

947

HB 302. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation of the commissioner.

HR 225. By Representatives Reaves of the 147th, Sizemore of the 136th, Collinsof the 144th and others:
A resolution honoring Georgia's agricultural industry by designating March 9, 1981, as "Agricultural Day" in Georgia.

HB 349. By Representative Sizemore of the 136th:
A bill to repeal an Act entitled "An Act to establish a Small Claims Court in Counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U.S. Census of 1960 or any such future census".

HB 293. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act establishing the State Court of Carroll County (formerly the City Court of Carrollton), so as to change provisions relating to the compensation and staff of the solicitor.

HB 294. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County so as to change the compensation of the Commissioner of Carroll County.

The House had adopted by the requisite constitutional majority the following resolutions of the House:

HR 232. By Representatives Connell of the 87th, Dent of the 85th, Nicholson of the 88th and others:
A resolution expressing the intent of the General Assembly as to a certain constitutional amendment affecting the City of Augusta.

HR 154. By Representatives Lambert of the 112th and Argo of the 63rd: A resolution approving certain rules of the Supreme Court of Georgia.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

948

JOURNAL OF THE SENATE

SB 383. By Senator Barker of the 18th:
A bill to amend Code Section 34A-515, relating to the purging of electors lists, so as to provide that no elector shall be removed from the electors list for failure to vote in the immediately preceding years except under certain conditions.
Referred to Committee on Governmental Operations.

SB 384. By Senator Bowen of the 13th:
A bill to amend an Act creating the Fitzgerald and Ben Hill Development Authority so as to clarify that revenue-anticipated bonds issued by the authority shall be issued and validated in accordance with the applicable provisions of the Revenue Bond Law as now or hereafter amended.
Referred to Committee on County and Urban Affairs.

SB 385. By Senator Ballard of the 45th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit, as amended, so as to pro vide a salary supplement for each judge and the district attorney for the Alcovy Judicial Circuit; to provide for cost-of-living increases.
Referred to Committee on Judiciary.

SB 386. By Senator Ballard of the 45th:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provision relating to the application of said Code chapter; to change the provisions relating to standards applicable to rates.
Referred to Committee on Industry, Labor and Tourism.

SB 387. By Senators Walker of the 19th, English of the 21st, Gillis of the 20th and others:
A bill to amend Code Chapter 45-5, relating to hunting, as amended, so as to provide that a person hunting deer shall not be required to wear a daylight fluorescent orange outer garment while positioned on a sta tionary deer stand which is located above the ground.
Referred to Committee on Natural Resources and Environmental Quality.

SB 388. By Senators Sutton of the 9th and Eldridge of the 7th:
A bill to provide for the rebate of interest on any loan on which the in terest is calculated under the add-on interest method if the loan is paid off prior to maturity; to provide for a rate of interest; to provide for an ex ception.
Referred to Committee on Banking, Finance and Insurance.

MONDAY, FEBRUARY 23, 1981

949

SR 94. By Senator Evans of the 37th:
A resolution urging the Board of Regents of the University System of Georgia to establish a center for the performing arts at Georgia State University. Referred to Committee on Higher Education.

SR 95. By Senators Bond of the 39th, Evans of the 37th, Hudson of the 35th and others:
A resolution reaffirming the commitment of the General Assembly to the mission and program of the Morehouse School of Medicine. Referred to Committee on Appropriations.

SR 97. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A resolution urging the Farmers Home Administration to accelerate its action on loan applications of farmers. Referred to Committee on Agriculture.

SR 102. By Senators Bell of the 5th, Foster of the 50th, Tysinger of the 41st and others:
A resolution proposing an amendment to the Constitution so as to pro hibit the incurring of debt by the State when the total outstanding debt of the State exceeds 50 percent of the State's revenues for the prior fiscal year and to prohibit the authorization of any new debt which exceeds 10 percent of the State's revenues for the prior fiscal year, except in emergencies, to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

SR 103. By Senators Hudson of the 35th, Stephens of the 36th, Robinson of the 27th and others:
A resolution proposing an amendment to the Constitution so as to grant disabled American veterans a homestead exemption of $30,000.00 who served in any branch of the armed forces of the United States during any war or armed conflict and who are entitled to receive 100 percent of the benefits which are available from the United States Veterans Administra tion; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Defense and Veterans Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:

950

JOURNAL OF THE SENATE

HB 15. By Representatives Parham of the 109th and Baugh of the 108th:
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 121. By Representatives Wood of the 9th, Hays of the 1st, Padgett of the 86th and others:
A bill to create a State Emergency Management Agency. Referred to Committee on Defense and Veterans Affairs.

HB 197. By Representatives Bray of the 70th, Hawkins of the 50th, Fuller of the 27th and others:
A bill to amend Code Section 34A-503, relating to qualifications of registrars and deputy registrars, so as to authorize the municipal govern ing authority to appoint county registrars and deputy registrars as deputy registrars of the municipality.
Referred to Committee on Governmental Operations.

HB 206. By Representatives Richardson of the 52nd, Martin of the 60th, Dent of the 85th and others:
A bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act", so as to change the method of appointment of members of the Board of Examiners of Speech Pathology and Audiology.
Referred to Committee on Human Resources.

HB 218. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public work camps, and prisoners, so as to provide for the placement of detainers of prison inmates having outstanding sentences.
Referred to Committee on Offender Rehabilitation.

HB 271. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges' Retirement System", so as to change the provisions relative to spouses' benefits for certain superior court judges. Referred to Committee on Retirement.

HB 421. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, so as to redefine "common bond"; to provide for a board of directors. Referred to Committee on Banking, Finance and Insurance.

MONDAY, FEBRUARY 23, 1981

951

HB 475. By Representative Phillips of the 120th:
A bill to amend Code Chapter 91A-32, relating to intangible recording tax, so as to exempt from taxation that part of the face amount of a longterm note secured by real estate which represents a refinancing of un paid principal on a previous long-term note secured by real estate.
Referred to Committee on Banking, Finance and Insurance.

HB 481. By Representative Ham of the 80th:
A bill to amend Code Section 84-4004, relating to exceptions to the provi sions of Code Chapter 84-40, relating to landscape architects, so as to provide for an exception to the requirement of a license for landscape ar chitects for employees of state agencies, counties and cities.
Referred to Committee on Industry, Labor and Tourism.

HB 574. By Representatives Fuller of the 16th, Wood of the 9th, Pilewicz of the 41st and others:
A bill to amend Code Chapter 114-6a, relating to group self-insurance funds for workers' compensation purposes, so as to transfer regulation of the group self-insurance funds authorized by said chapter from the Secretary of State to the Insurance Commissioner. Referred to Committee on Industry and Labor and Tourism.
HB 595. By Representatives Lambert of the 112th, Argo of the 63rd, Martin of the 60th 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 Public Safety.

HB 604. By Representatives Edwards of the 110th, Fuller of the 16th, Childers of the 15th 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 which provides coverage for services within the scope of an optometrist duly licensed to practice in this State shall pro vide that such reimbursements are payable regardless of whether such services are performed by a doctor of medicine or by an optometrist.
Referred to Committee on Human Resources.

HB 360. By Representative Peters of the 2nd:
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 Special Judiciary.

952

JOURNAL OF THE SENATE

HB 613. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of Georgia pertaining to the City of Ashburn in the County of Turner, to provide a new Charter therefor. Referred to Committee on County and Urban Affairs.

HB 661. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation and expense allowance of the members of said board and to change the compensation of the chairman. Referred to Committee on County and Urban Affairs.

HB 663. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the Tax Com missioner.
Referred to Committee on County and Urban Affairs.

HB 664. By Representatives Martin of the 60th and Wall of the 61 st:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 665. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the clerk of superior court and probate judge. Referred to Committee on County and Urban Affairs.

HB 703. By Representative Dover of the 11th:
A bill to create a new charter for the City of Clarkesville in the County of Habersham. Referred to Committee on County and Urban Affairs.

HB 704. By Representative Dover of the 11th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the compensation of the coroner. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 23, 1981

953

HB 705. By Representative Dover of the llth:
A bill to amend an Act entitled "An Act to provide for a secretary for the Solicitor of the State Court of Habersham County"; to fix the compensa tion for such secretary and provide for payment of same.
Referred to Committee on County and Urban Affairs.

HB 706. By Representative Dover of the 11 th:
A bill to amend an Act creating and establishing the State Court of Haber sham County (formerly the City Court of Habersham County), so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 707. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.
Referred to Committee on County and Urban Affairs.

HB 711. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Wadley, so as to change certain provisions relating to eligibility to serve as and ser vice as recorder.
Referred to Committee on County and Urban Affairs.

HB 712. By Representative Vaughn of the 57th:
A bill to provide for a board of registrations and elections in certain coun ties; to provide for the powers and duties of the board. Referred to Committee on County and Urban Affairs.

HB 713. 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 method of filling vacancies. Referred to Committee on County and Urban Affairs.

HB 714. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change the compensation of the board members.
Referred to Committee on County and Urban Affairs.

954

JOURNAL OF THE SENATE

HB 715. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court and the clerical help of the clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 720. By Representatives Colbert of the 23rd, Lowe, Couch and Greer of the 43rd:
A bill to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Alpharetta, in the County of Fulton, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation.
Referred to Committee on County and Urban Affairs.

HB 721. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to create the Athen-Clarke County Charter Commission. Referred to Committee on County and Urban Affairs.

HR 154. By Representatives Lambert of the 112th and Argo of the 63rd:
A resolution approving certain rules of the Supreme Court of Georgia. Referred to Committee on Judiciary.

HR 232. By Representatives Connell of the 87th, Dent of the 85th, Nicholson of the 88th and others:
A resolution expressing the intent of the General Assembly as to a certain constitutional amendment affecting the City of Augusta. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on Consumer Affairs has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation.

HB 35. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

MONDAY, FEBRUARY 23, 1981

955

Mr. President:

Your Committee on County and Urban 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 586. HB 587. HB 588. HB 624. HB 635. HR 170.

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 Education 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 84. Do pass as amended. HB 416. Do pass as amended.

Mr. President:

Respectfully submitted, Senator Foster of the 50th District, Chairman

Your Committee on Natural Resources and Environmental Quality 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 307. Do pass as amended. HB 253. Do pass as amended.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

956

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 215. By Senator Foster of the 50th:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities, as amended, so as to provide for the position of a Poet Laureate for the State of Georgia; to provide for the appointment thereof.

SB 225. By Senators Wessels of the 2nd and Coleman of the 1st:
A bill to amend the "Georgia Professional Corporation Act" so as to in clude by its terms the profession of piloting among those covered thereby.

SB 226. By Senators Wessels of the 2nd and Coleman of the 1st:
A bill to amend an Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage, as amended, so as to increase the number of pilots the Board of Pilotage Commissioners for the port of Savannah is authorized to license.

SB 234. By Senators Gillis of the 20th and English of the 21 st:
A bill to amend an Act relating to the state parks and recreational areas, as amended, so as to revise the provisions governing the construction and operation of public service privileges and conveniences; to provide for the granting of concessions for the operation of public service privileges, conveniences, and facilities by private operators.

SB 309. By Senators Gillis of the 20th and Fincher of the 54th:
A bill to amend an Act known as the "Georgia Records Act", as amend ed, so as to provide for the maintenance, use, preservation, and destruc tion of certain records; to provide for definitions; to provide for certain duties and responsibilities of certain governing bodies, offices, and of ficers; to provide for the destruction of records.

SB 311. 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.

MONDAY, FEBRUARY 23, 1981

957

SB 320. By Senators Scott of the 43rd and Kidd of the 25th:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to define crimes of sexual assault in the first degree and sexual assault in the second degree; to define other terms; to provide penalties.

SB 323. By Senators Stumbaugh of the 55th, Howard of the 42nd, Allgood of the 22nd and others:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and attain industrial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word "project"; to provide an effective date.

SB 324. By Senators Littlefield of the 6th, Bryant of the 3rd, Kennedy of the 4th and others:
A bill to provide for a supplement to the salaries of the judges and senior judges of the superior courts and the district attorney, of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Cir cuit to increase such salary supplement.

SB 326. By Senator Barnes of the 33rd:
A bill to create public bodies corporate and politic to be known as Public Building Authorities; to provide for the activation of such Public Building Authorities.

SB 328. By Senators Barnes of the 33rd, Evans of the 37th, Fincher of the 52nd and others:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment of alcoholics, drug dependent individuals, and drug abusers, and Code Chapter 88-5, relating to hospitalization and treatment of the men tally ill, so as to authorize psychologists to perform certain acts in con nection with the admission of patients in the same manner as physicians; to provide for immunity from liability of psychologists.

SB 341. By Senator Evans of the 37th:
A bill to amend Code Chapter 22-31, relating to dissolution of nonprofit corporations, as amended, so as to provide for the revival of corporations whose period of duration has expired and which have not been revived within ten years immediately following the expiration date fixed by their articles of incorporation.

958

JOURNAL OF THE SENATE

SB 343. By Senator Greene of the 26th:
A bill to amend Code Section 84-507, relating to qualifications for licensure, as amended, so as to provide that general college training re quirements shall not apply to certain persons.

SB 347. By Senators Reynolds of the 48th, Wessels of the 2nd, Brown of the 47th and others:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to provide for the establishment of a lien upon motor vehicles owned by any person who becomes indebted to the state from assessments resulting from overweight motor vehicle cita tions.

SB 348. By Senator Littlefield of the 6th:
A bill to amend Code Section 45-812, relating to prohibited methods of taking fish, crustaceans, or mollusks in salt water, as amended, so as to make unlawful the placing, depositing, distributing, or scattering of bait on waters of this state for the purpose of attracting shrimp.

SB 353. By Senator Littlefield of the 6th:
A bill to create and establish a Small Claims Court of Camden County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

SB 354. By Senator Littlefield of the 6th:
A bill to amend an Act placing certain county officials of Camden County upon an annual salary, as amended, so as to authorize the Board of Com missioners of Camden County to supplement the salary of certain county officers.

SB 355. By Senator Littlefield of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Camden County, as amended, so as to authorize the Board of Commis sioners of Camden County to supplement the salary of the tax commis sioner.
SB 356. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Board of Commissioners of Camden County, as amended, so as to provide for a county purchasing agent and a central purchasing office; to provide for the manner in which certain purchases shall be made.

MONDAY, FEBRUARY 23, 1981

959

SB 357. By Senator Littlefield of the 6th:
A bill to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county or dinances; to provide for the powers of said court; to provide for bonds; to provide for appeals; to provide for funds; to provide for the disposition of fines and forfeitures; to provide for a solicitor.

SB 358. By Senator Littlefield of the 6th:
A bill to amend an Act placing the sheriff and 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 change the provisions relative to the compensation of the clerk of the superior courts.

SB 359. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change provisions relating to the compensa tion of the sheriff and deputies and other personnel.

SB 360. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, as amended, so as to change the compensation of said clerk and of the judge's and clerk's personnel.

SB 361. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the tax commissioner of Glynn County on an annual salary, as amended, so as to change the compensation of the tax commissioner and personnel.

SB 362. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating a board of commissioners of Glynn Coun ty, as amended, so as to establish pay grades for the payment from coun ty funds of the salaries and wages of employees of certain officers of Glynn County; to provide the manner of fixing the salaries and wages of employees within said pay grades.

SB 363. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of certain personnel of the court; to change the terms of court.

SB 366. By Senator Timmons of the 11th:
A bill to amend an Act creating a Small Claims Court in and for Calhoun County so as to change the jurisdiction of the court; to provide for ser vice; to change certain fees, costs, commissions, and deposits.

960

JOURNAL OF THE SENATE

SB 369. By Senator Foster of the 50th:
A bill to amend Code Chapter 68A-10, relating to stopping, standing, and parking, as amended, so as to provide that owners of motor vehicles that are leased to other persons shall not be liable for parking violations when the vehicles are not in their possession.

SR 37. By Senators Evans of the 37th, Deal of the 49th, Bell of the 5th and others:
A resolution creating the Senate State Departments Performance Audit Study Committee.

SR 41. By Senators Lester of the 23rd and Allgood of the 22nd:
A resolution urging the Congress of the United States to permit authorities of the various states of the Union greater latitude in the mat ter of granting variances to environmental regulations where actions are needed to conserve scarce energy resources.

SR 63. By Senators Wessels of the 2nd, Bryant of the 3rd, Kennedy of the 4th and others:
A resolution creating the Georgia Semiquincentenary Commission.

SR 80. By Senators Evans of the 37th, Howard of the 42nd, Coleman of the 1st and others:
A resolution creating the State and the Arts Joint Study Committee.

SR 87. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.

SR 88. By Senator Coverdell of the 40th:
A resolution authorizing and directing the commissioner of the Depart ment of Human Resources to make a study of the distribution of services and facilities provided by the department.

HB 16. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act creating the Constitutional Amendments Publica tion Board, so as to provide for certain additional duties and respon sibilities of the Board and the Secretary of State.

HB 79. By Representatives Buck of the 95th, Smyre of the 92nd, Thomas of the 66th and others:
A bill to provide for the distribution of malt beverages.

MONDAY, FEBRUARY 23, 1981

961

HB 139. By Representatives Robinson of the 58th, Felton of the 22nd, Logan of the 62nd and others:
A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act", so as to prohibit certain activities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose.

HB 199. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to extend the deferred compensation program for employees of the State to permit inclusion of employees of the various state authorities and employees of the county boards of health.

HB 201. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compensation Law), so as to delete the provisions relating to seasonal employment; to modify the pension offset as allowed by Public Law 96-364.

HB 202. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compensation Law), so as to strike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount.

HB 221. By Representatives Hays of the 1st, Wood of the 9th, Pinkston of the 100th and others:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to define "handicapped person".
HB 395. By Representatives Chambless of the 131st, Hutchinson of the 133rd and McCollum of the 134th:
A bill to amend Code Chapter 34A-9, relating to nomination of can didates for municipal elections, so as to provide that the governing authority of each municipality may choose to pay additional expenses of primaries held by political parties.
HB 410. By Representative Walker of the 115th:
A bill to amend Code Chapter 72-4, relating to nuisances in cities, so as to provide for the manner of determining the existence of and abating such nuisances.

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JOURNAL OF THE SENATE

HB 581. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the compensation of the mayor and councilmen; to authorize the mayor and council to establish appropriate schedules of fees for the collection of garbage and waste.

HB 582. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to create and establish a Small Claims Court of Turner County; to provide for the initial judge.

HB 594. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing a Small Claims Court for Laurens County, so as to change certain jurisdictional limits.

HB 607. By Representatives Fortune and Mostiler of the 71st, Wood, Lee, Benefield and Johnson of the 72nd:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, so as to change the fees for filing actions therein.

HB 642. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Turner County.

HR 61. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to a Georgia Convocation on Federalism.

HR 119. By Representatives Murphy of the 18th and Thomas of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide the manner of filling vacancies in certain elected constitutional of fices of the state.

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 192. By Senator Evans of the 37th:
A bill to amend an Act, relating to pensions for firemen and policemen in certain counties, as amended, so as to provide that said Act shall be ap plicable in counties having a population of 550,000 or more according to the 1970 census or any future such census.

MONDAY, FEBRUARY 23, 1981

963

The report 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 193. By Senator Evans of the 37th:
A bill to amend an Act providing for the protection of pension rights in certain counties and cities, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more ac cording to the 1970 census or any future census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 258. By Senator Coverdell of the 40th: A bill to amend an Act providing for the disposition of certain accusa tions in the criminal court of certain counties, as amended, so as to pro vide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 259. By Senator Coverdell of the 40th: A bill to amend an Act, as amended, pertaining to recording of plats in certain counties, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

964

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 260. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-1714(a), relative to the office locations of probate courts in all counties having a population of 600,000 or more ac cording to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 261. By Senator Coverdell of the 40th:
A bill to amend Code Section 53-201 (a), relative to issuance of marriage licenses in all counties having a population of 600,000 or more according to the 1970 United States decennial census or any future such census, so as to change the provisions relative to population; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 262. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries in counties of this state having a population of 600,000 or more ac cording to the United States decennial census of 1970 or any future such census, so as to provide that Code Chapter 59-6A shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 23, 1981

965

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 263. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a program of legal services in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 264. By Senator Coverdell of the 40th:
A bill to amend an Act pertaining to qualifications of members of the civil service board in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 265. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2727B, relating to the costs for services rendered by the clerk of the superior court in civil cases in all counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

966

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

SB 266. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the sale of alcoholic beverages during certain hours in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 268. By Senator Coverdell of the 40th:
A bill to amend Code Section 34-1406.1, relative to absentee voting in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any such future census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 269. By Senator Coverdell of the 40th:
A bill to amend Code Section 34-1501 (b), relative to office hours of elec tion superintendents in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 23, 1981

967

SB 270. By Senator Coverdell of the 40th:
A bill to amend Code Section 34A-111, authorizing counties having a population in excess of 600,000 according to the 1970 United States decennial census or any future such census to conduct elections for municipalities lying wholly or partially within such counties, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 271. By Senator Coverdell of the 40th:
A bill to amend an Act prohibiting the transport of waste across state and county boundaries, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the.requisite constitutional majority, was passed.

SB 272. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing Zoning and Building Inspectors to issue citations in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

968

JOURNAL OF THE SENATE

SB 273. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1450, relating to the payment of taxes in counties of this state having a population of 600,000 or more according to the census, as amended, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 274. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a joint city-county tax board in cer tain counties, as amended, so as to provide that said Act shall be ap plicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 275. By Senator Coverdell of the 40th:
A bill to amend an Act providing for a budget commission in certain counties, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 23, 1981

969

SB 276. By Senator Coverdell of the 40th:
A bill to amend Code Section 91-804A, relating to the sale of disposition of county property in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 277. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the sale of alcoholic beverages during certain hours on Sundays in certain counties, as amended, so as to pro vide that said Act shall be applicable in counties having a population of 550,000 or more, according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 278. By Senator Coverdell of the 40th:
A bill to amend Code Section 5A-507, pertaining to exceptions to the pro hibition against sale of alcoholic beverages on Sundays and election days, so as to change certain population classifications contained therein

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

970

JOURNAL OF THE SENATE

SB 279. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2727A, relating to costs of the clerk of the superior court in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 280. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the ordinary (now probate judge) of certain counties to administer certain oaths, as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 332. By Senator Coverdell of the 40th:
A bill to amend an Act providing for the sale of alcoholic beverages in certain counties of this state having a population of not less than 400,000 and not more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 23, 1981

971

SB 333. By Senator Coverdell of the 40th:
A bill to amend Code Section 59-601B, relating to investigative grand juries of counties of this state having a population of not less than 400,000 or more than 600,000 according to the United States census of 1970 or any future such census, as amended, so as to change the provi sions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 334. By Senator Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the solicitor of the state court of counties having a population of not less than 300,000 or more than 600,000 according to the United States Census of 1970 or any futrure such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 335. By Senator Coverdell of the 40th:
A bill to amend Code Section 34A-501, pertaining to the use by municipalities of county voters' registration list in counties having a population of not less than 400,000 and not more than 600,000 according to the 1970 census or any future such census, as amended, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

972

JOURNAL OF THE SENATE

SB 336. By Senator Coverdell of the 40th:
A bill to amend an Act, as amended, providing for a board of registration and elections in certain counties having a population of not less than 350,000 and not more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 337. By Senator Coverdell of the 40th:
A bill to amend an Act prohibiting municipalities in certain counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States census of 1970 or any future such census, from rezoning annexed land, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 338. By Senator Coverdell of the 40th:
A bill to amend Code Section 24-2714.1, requiring clerks of superior courts to notify purchaser of property of possible homestead exemption in any county having a population of not less than 300,000 nor more than 600,000 according to the United States census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 23, 1981

973

SB 339. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1022, relating to payment of taxes in all counties having a population of not less than 350,000 and not more than 600,000 according to the census, as amended, so as to change the provisions relating to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 340. By Senator Coverdell of the 40th:
A bill to amend Code Section 113-1301, relating to the appointment of county administrators in all counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States census of 1970 or any future such census, as amended, so as to change the provisions relative to population.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 345. By Senator Kidd of the 25th:
A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Milledgeville Public Facilities Authority; to authorize the authority to acquire, construct, equip, main tain, and operate self-liquidating projects, including buildings and facilities for use by the City of Milledgeville.

The report 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.

974

JOURNAL OF THE SENATE

SB 350. By Senator Kidd of the 25th:
A bill to amend an Act creating the Small Claims Court of Hancock Coun ty, as amended, so as to change the provisions relating to costs in garnish ment cases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 351. 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.

The report 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 470. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States census of 1960 or any future such census''.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 23, 1981

975

HB 491. By Representative Chambless of the 131st:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions respecting meetings 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 492. By Representative Chambless of the 131st: A bill to amend an Act creating the Albany Dougherty Payroll Develop ment Authority, so as to authorize the Authority to issue revenue bonds with such rates of interest as are authorized by the board of directors 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 493. By Representative Wall of the 61st: A bill to amend an Act establishing the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial; to provide that the procedures for a demand for trial in the State Court of Gwinnett County shall conform to the general laws of the state.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 539. By Representative Peters of the 2nd: A bill to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to change the compensation of said commissioner.

976

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 566. By Representatives Hasty and Harris of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 567. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of said commissioner; to pro vide for the purchase of an automobile.

The report 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 568. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an an nual salary, so as to change the compensation of the sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

MONDAY, FEBRUARY 23, 1981

977

The bill, having received the requisite constitutional majority, was passed.

HB 569. By Representatives Hasty, Harris and Anderson of the 8th:
A bill to amend an Act placing the Clerk of the Superior Clerk of Dawson County and the Judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and 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.

SB 267. By Senator Coverdell of the 40th:
A bill to amend Code Section 91A-1022, relating to taxes payable to coun ties in which returns are made, as amended, so as to change the popula tion classification of the provisions of said Code section relating to coun ties having a population of 600,000 or more according to the census.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend SB 267 on Page 1, line 17 by striking the figure "$500,000" and inserting in lieu thereof the following:
"550,000".

On the adoption of the amendment, the yeas were 52, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

978

JOURNAL OF THE SENATE

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not answering were' Senators:

Bryant Coverdell

Evans Hill

Holloway

Lieutenant Governor Zell Miller introduced the chaplain of the day, Jan Howard, country and western singer with the Grand Ole Opry, Nashville, Ten nessee, who offered a devotional and her rendition of "How Great Thou Art".

The following resolutions of the Senate were read and adopted:

SR 96. By Senator Howard of the 42nd:
A resolution commending the Georgia Council on Maternal and Infant Health.

SR 98. By Senator Barker of the 18th:
A resolution commending the Warner Robins High School Distributive Education Program.

SR 99. By Senator Barker of the 18th: A resolution commending Robins Air Force Base.

MONDAY, FEBRUARY 23, 1981

979

SR 100. By Senators Greene of the 26th, Robinson of the 27th, Eldridge of the 7th and others:
A resolution commending Razzy Bailey.

SR 101. By Senators Bell of the 5th, Turner of the 8th, Hudgins of the 15th and many others:
A resolution commending the heroic conduct of Captain Lyn D. Mclntosh, United States Air Force; Staff Sergeant Dewey L. Johnson, United States Air Corps; Captain Harold L. Lewis, Jr., United States Air Force; Captain Richard L. Bakke, United States Air Force; Captain Charles T. McMillan, II, United States Air Force; Technical Sergeant Joel C. Mayo, United States Air Force; Sergeant John D. Harvey, United States Marine Corps; and Colonel George N. Holmes, Jr., United States Marine Corps, and mourning the loss of these men.

SR 104. By Senator Greene of the 26th: A resolution commending Ed Stone.

Senator Dean of the 31st moved that the following resolution of the Senate be withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs:

SR 55. By Senator Dean of the 31 st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for zoning for residential purposes for handicapped persons; to provide for the submis sion of this amendment for ratification or rejection.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 55 was withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs.

Senator Dean of the 31st moved that the following bill of the House be withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs:

HB 323. By Representatives Kilgore of the 65th, Murphy of the 18th, Burruss of the 21st and others:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, to be be known as the Douglas Judicial Circuit, so as to provide for a second judge for such circuit.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 323 was withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs.

980

JOURNAL OF THE SENATE

Senator Ballard of the 45th moved that the following bill of the Senate be withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Industry, Labor and Tourism:

SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provisions relating to the application of said Code chapter.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 379 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Industry, Labor and Tourism.
SENATE RULES CALENDAR
Monday, February 23, 1981
TWENTY-FOURTH LEGISLATIVE DAY
SR 79. Senate Health and Medical Education Study Committee--create (Hum R-20th)
SB 316. Municipalities--reapportionment of council or commission districts (C&UA-G-33rd)
HR 45. Joint Local Mental Health and Retardation Governance Study Committee--create (Hum R--35th)
HB 129. Vehicle Odometer--device to change reading unlawful to sell (AMEND MENT) (IL&Tou-49th)
SR 54. Zoning for Handicapped-relative to (SUBSTITUTE) (C&UA-G-31 st)
SB 257. Relocation Assistance and Land Acquisition--cost of public works pro jects (C&UA-G-40th)
SB 118. Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders-- create (SUBSTITUTES) (AMENDMENTS) (Pub Saf-28th)
SB 56. State Departments--employ certain employees involved in reduction force (SUBSTITUTE) (Gov Op-25th)
SB 57. State Employees Workers' Compensation--supplemental compensation (SUBSTITUTE) (GovOp-25th)
SR 77. Amendment to the Constitution--people have power to enact, reject (Gov Op--27th)

Respectfully submitted,
Is/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

MONDAY, FEBRUARY 23, 1981

981

The following general resolutions and bill of the Senate and House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 79. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A resolution creating the Senate Health and Mental Education 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Gillis Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Bryant Fincher of 54th

Garner Greene

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Holloway Hudgins

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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SB 316. By Senator Barnes of the 33rd:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965'," as amended, so as to authorize municipalities to reapportion council or commission districts of a municipality under specified condi tions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Bryant

Holloway

On the passage of the bill, the yeas were 53, nays 0.

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins

The bill, having received the requisite constitutional majority, was passed.

HR 45. By Representatives Galer of the 97th, Savage of the 25th, Fuller of the 16th and others:
A resolution creating the Joint Local Mental Health and Mental Retarda tion Governance Study Committee.
Senate Sponsor: Senator Hudson of the 35th.

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983

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 Bowen Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Bryant

Holloway

Howard

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Howard of the 42nd introduced the doctor of the day, Dr. John Gamwell, of Atlanta, Georgia.
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:

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HB 129. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any per son to advertise for sale, sell, use, install, or have installed any device which causes an odometer to register any mileage other than the actual mileage driven.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:

Amend HB 129 by striking on Page 1, from lines 14 and 15, the following:
"or recover amounts for which a person is liable to another as a result of a violation of said Act'',
and
By striking on Page 4, lines 25 through 30, and inserting in lieu thereof the following:
"state court having proper jurisdiction to restrain such viola tion.",
and
By striking on Page 4, line 33, and inserting in lieu thereof the follow ing:
"from the date of the violation."

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

Senator Deal of the 49th offered the following amendment:

Amend HB 129 by striking on Page 2, lines 30 through 35, and insertin in lieu thereof the following:
"state court having proper jurisdiction to restrain such viola tion.",
and
by striking on Page 3, line 3, and inserting in lieu thereof the following:
"the date of the violation."

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985

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bryant Holloway

Hudgins

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Thompson

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 54. By Senator Dean of the 31 st: A resolution relative to zoning for handicapped individuals.

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The Senate Committee on County and Urban Affairs offered the following substitute to SR 54:

A RESOLUTION
Stating the public policy of the state relative to housing and other matters for handicapped citizens; and for other purposes.
WHEREAS, the State of Georgia has enacted laws providing easier access to public buildings and facilities by handicapped citizens, but this alone will not assure handicapped persons of their full rights of citizen ship; and
WHEREAS, it should be the public policy of this state to assure equal opportunity to all handicapped individuals in all mattters, particularly in the area of housing accommodations; and
WHEREAS, many handicapped citizens of this state are unable to live in conventional single-family homes because of the nature of their handicaps; and
WHEREAS, it should be the public policy of this state to provide ways and means to enable its handicapped citizens to live as nearly like other Georgians as possible, and all political subdivisions of this state should likewise adopt similar policies; and
WHEREAS, there should be no discrimination against handicapped persons either in housing or in any other matter, and if necessary the constitutional provisions, laws, ordinances, and resolutions should be changed pursuant to such policies.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body declares it to be the public policy of this state that there should be no discrimination against hand icapped persons and that the laws of this state and the ordinances and resolutions of political subdivisions of this state should be enacted, adopted, and promulgated with a view towards making it as easy as possible for handicapped persons to live in a manner similar to other citizens of this state with particular emphasis on residences for handicap ped citizens.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to the Department of Human Resources, and said department is requested to distribute copies of this resolution to the governing authorities of the municipalities and counties of this state.

On the adoption of the substitute, the yeas were 42, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

MONDAY, FEBRUARY 23, 1981

987

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Evans

Holloway

Thompson

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
SB 257. By Senator Coverdell of the 40th: A bill to amend an Act known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973" so as to authorize the public en tities covered by said Act to exercise the powers provided by said Act, as a part of the costs of public works projects, for public works projects which are not financed in whole or in part from federal 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Eldridge

Garner

Holloway

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Starr of the 44th assumed the Chair at the direction of the President.
The following general bill of the Senate, having been read the third time on February 11 and postponed until February 20, was put upon its passage:
SB 118. By Senators Cobb of the 28th and Reynolds of the 48th: A bill to create a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide a short title; to provide for the membership of said board and the appointments thereto; to provide that the joint-secretary of the state examining boards shall be secretary of the board and to provide for his powers and duties.

MONDAY, FEBRUARY 23, 1981

989

The Senate Committee on Public Safety offered the following substitute to SB 118:

A BILL
To be entitled an Act to create a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide a short title; to provide for the membership of said board and the ap pointments thereto; to provide that the joint-secretary of the state ex amining boards shall be secretary of the board and to provide for his powers and duties; to provide for the qualifications of members of the board and for their compensation; to provide for meetings; to provide for the powers and duties of the board; to provide for licenses and qualifica tion of used motor vehicle dismantlers, rebuilders, and salvage dealers; to provide for expiration of licenses and renewal thereof; to provide for supplemental licenses; to provide for the fees for licenses and for renewal thereof; to provide for the contents of licenses; to provide for the display of licenses; to provide for the suspension and revocation of licenses and the grounds and procedure for the same; to provide for the maintenance of records by licensees and for inspection of the same; to provide that dealers who operate salvage pools shall provide certain in formation to purchasers; to provide penalties for violations of this Act; to provide that this Act shall not limit local licensing and regulating of used motor vehicle dismantlers, recyclers, rebuilders, used motor vehicle parts dealers, and salvage dealers; to define certain terms; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act."
Section 2. Definitions.
(1) "Board" means the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
(2) "Georgia Administrative Procedure Act" means Code Title 3A of the Georgia Code, as now or hereafter amended.
(3) "Person" means any individual, copartnership, firm, association, corporation, or combination of individuals of whatever form or character.
(4| "Licensee" means any person required to be licensed or actually licensed under this Act.
(5) "Established place of business" means a sales room or sales office in a building, an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling, or rebuilding of wreck ed or used motor vehicles or parts is carried on, or the place at which books and records required for the conduct of the business are kept.

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(6) "Dealer" means any person, partnership, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehi cle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, or a salvage dealer.
(7) (A) "Dismantler" means any person, partnership, firm, or cor poration engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed.
(B) For the purposes of this Act, a person, partnership, firm, or cor poration shall be presumed to be engaged in the business of auto dismantling if he possesses ten or more inoperative motor vehicles for more than 45 days except in the event such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons may be prescribed by the board.
(8) "Rebuilder" means any person, partnership, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as rebuilt motor vehicles.
(9) "Salvage dealer" means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage.
(10) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires.
(11) "Motor vehicle" means every vehicle which is self-propelled, except trackless trolleys which are classed as streetcars, motorcycles, motor-driven cycles, or go-carts.
(12) "Used motor vehicle" or "used car" means that any motor vehi cle as defined herein which has been the subject of a retail sale to a con sumer.
(13) "Salvage vehicle" means any vehicle which either:
(A) Has been damaged, crushed, or otherwise reduced to such a state that its restoration would require the replacement of two or more major component parts; or
(B) Has been acquired by an insurance company as a result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major compo nent parts and for which the insurance company has paid a total loss claim; or

MONDAY, FEBRUARY 23, 1981

991

(C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title.
(14) "Scrap vehicle" means any vehicle which has been wrecked, destroyed, or damaged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy.
(15) "Part" means any used motor vehicle part that has been install ed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap.
(16) "Major component part" means one of the following subassemblies of a motor vehicle: (A) front clip assembly (fenders, grille, hood, and bumper), (B) rear clip assembly (quarter panels, floor panel assembly), (C) engine and transmission, or (D) top assembly, with the ex ception of soft tops.
(17) "Salvage pool" or "salvage disposal sale" means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers.
Section 3. Doing business without registering and obtaining license unlawful. It shall be unlawful for any dealer to do business in this state without first registering and obtaining a license from the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders and Salvage Dealers as provided in this Act.
Section 4. State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers created; membership; terms. There is hereby created a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers which shall be composed of the director of the Georgia Bureau of Investigation or his official designee and ten members to be appointed by the Governor. The original appointments shall be made as follows: one member shall be ap pointed for a term of four years, three members shall be appointed for terms of three years each, three members shall be appointed for terms of two years each, and three members shall be appointed for terms of one year each; and they shall serve until their successors are appointed and qualified. Thereafter all appointees shall be for a term of four years. Said terms shall be staggered so that new members of the board will be ap pointed each year. All members shall be residents of the State of Georgia. Not less than one nor more than three members shall be appointed from each of the following businesses: salvage dealers, used motor vehicle dismantlers, used motor vehicle rebuilders, motor vehicle insurers; and at least two members shall not be from any of the above-mentioned businesses.
Section 5. Same; secretary. The joint-secretary of the state examin ing boards shall serve as secretary of the board in all matters as set forth in Code Chapter 84-1.

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Section 6. Same; chairman; rules and regulations; meetings; com pensation, (a) The board shall elect a chairman and any other officers which the board feels are required from among the members of the board for a one-year term. The board shall promulgate rules and regula tions for the procedure and operation of the board. The board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by the terms of this Act.
jb) Notwithstanding any other provisions of law to the contrary, each member of the board shall receive the sum of $44.00 in addition to actual and necessary expenses for each day's actual attendance at scheduled meetings of the board or any of its divisions or committees, hearings of the board, or scheduled board examinations. The actual and necessary expenses of members of the board may be paid for attendance at other official duties or business of the board or in attendance at a state, regional, or national meeting pertaining to the work of the board. Actual and necessary expenses are defined as, and are limited to, those normally allowed to employees of the Office of the Secretary of State. Expense vouchers submitted by members of the board are subject to approval of the president or chairman of the board and the joint-secretary.
Section 7. Same; powers and duties, (a) The board shall have the following powers and duties:
(1) To receive applications for registration as a dealer and to authorize the joint-secretary to license such dealers in the manner pro vided by law.
(2) To suspend, revoke, or refuse to renew such licenses.
(3) To employ such personnel as may be necessary to investigate violations of this Act and otherwise perform the duties imposed upon it by this Act.
(4] To publish on or before September 1 of each year an alphabetical listing of all dealers licensed pursuant to this Act and to distribute copies of the same to the Georgia Department of Public Safety, the Georgia Department of Revenue, the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state.
(5) To make such rules and regulations as may be necessary to effec tuate the administration and enforcement of this Act; however, no such rule or regulation shall become effective until 30 days after it has been mailed to each dealer licensed by the board pursuant to this Act.
(6) To do all other things necessary and proper to carry out the provi sions of this Act.
(b) Any such rule or regulation adopted by the board shall be adopted in accordance with the "Georgia Administrative Procedure Act."
(c) Any hearing required to be held by the board shall be in accor dance with the "Georgia Administrative Procedure Act."

MONDAY, FEBRUARY 23, 1981

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Section 8. Applications for license as dealer; bond; self-insurance. (a) Each application for a license as a dealer shall be made to the board and shall contain the information required by this Act and shall be ac companied by the fee prescribed by law.
(b) Each such application shall be made upon the form prescribed by the board and shall contain the name and address of the applicant; or, when the applicant is a partnership, the name and address of each part ner; or, when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the state in which incor porated, and an established place or places of business where the business is to be conducted, and the nature of such business, and such other information as may be required by the board. Every such applica tion shall be verified by the oath or affirmation of the applicant if an in dividual or, in the event an applicant is a partnership or corporation, then by a partner or officer thereof. Every such application for a license shall show that the dealer maintains an automobile dealer's public liabili ty and property damage insurance with liability limits of not less than $25,000.00 per person and $50,000.00 per accident; personal insurance liability coverage; and $5,000.00 property damage liability coverage unless applicant qualifies under subsection (e) of this section.
(c) (1) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in this state. The bond shall be payable to the Secretary of State, shall be condi tioned upon the faithful observance of all the provisions of this Act, and shall be used to indemnify any person who suffers any loss by reason of a failure by a licensee to observe the provisions of this Act.
(2) The bond shall be in the amount of $10,000.00, shall be filed im mediately upon the granting of the license with the board by the licensee, and shall be approved by the board as to form and as to the licensed status and solvency of the surety. For its service in filing the bond, the board shall require the licensee to pay a fee, the amount of which shall be fixed by rule of the board. The prospective licensee may file the re quired bond with the board prior to the granting of a license for the board's approval as hereinbefore mentioned.
(3| Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this Act, such person, in order to secure his recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the court in which the action is pending, a sufficient amount of the proceeds of the bond of the applicant to pay the judgment in said action.
In the event that a judgment is rendered against the applicant in an action in which it is determined that the applicant is liable for damages under this Act, and the applicant has not paid such judgment within ten days of the date such judgment became final, then said person may peti tion to court for an order directing the Secretary of State to liquidate the bond or a portion thereof sufficient to pay such judgment to the extent the judgment may be satisfied with the proceeds of the bond.

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(4) No bond may be canceled unless the board is notified in writing by a certified letter at least 20 days prior to the proposed cancellation.
jd) The board may in its discretion allow the holder of a license to file in lieu of the required bond a bond of insurance by an insurance com pany authorized to do business in the state. The bond of insurance must substantially comply with the provisions of subsection (c) above.
(e) The board may in its discretion permit self-insurance in lieu of a bond or bond of insurance wherever it decides that the financial ability of the dealer warrants such privilege or it is satisfied that an applicant or licensee is possessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of selfinsurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay any judgment rendered against the appli cant in which it is determined that the applicant is liable for damages under this Act within 30 days after such judgment has become final.
(f) The board may also require the following information in addition to the application:
(1) Fingerprints.
(2) Personal history statements, including information concerning the applicant's character, honesty, and integrity, as the board may con sider necessary.
(3) The kind or kinds of business to be conducted and the trade name, if any, under which the applicant intends to conduct business.
(g) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not con tiguous to other permises for whch a license is issued.
Section 9. License fees, (a) The board shall be authorized to charge a license fee for licenses issued each calendar year or portion thereof and for each license renewal for dealers required to be licensed under the provisions of this Act and to fix the amount of such license fee.
(b) The licenses issued under the provisions of this Act shall specify the location of each place of business, each branch, or other location oc cupied or to be occupied by the licensee in conducting this business; and the license or supplemental license issued therefor shall be conspicuous ly displayed on each of such premises. In the event any such location is changed, the board shall endorse the change of location on the license without charge. There shall, however, be but one license fee for any one place of business even though such business may be embraced in more than one of the definitions set out in Section 2 of this Act.
(c) Each application for a license shall show that the applicant or dealer has obtained or has applied for a Certificate of Registration, State Revenue Department Form ST-2, commonly known as a Sales Tax Number Certificate. The board shall not renew any license unless the ap-

MONDAY, FEBRUARY 23, 1981

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plicant or holder shows that he maintains a Certificate of Registration, State Revenue Department Form ST-2, in accordance with the laws of this state providing for the issuance of such certificates.
Section 10. Issuance, specifications, and display of licenses; book and forms; refusal to issue licenses; temporary permits; restricted licenses, (a) Upon receipt of each properly made application accom panied by the required information and bond of insurance, the board shall file such application and make a thorough investigation of the ap plication. When satisfied that the applicant, if an individual, or each of the partners or principal officers of the applicant, if a partnership or cor poration, is of good moral character and that the applicant so far as can be ascertained has complied and will comply with the provisions of this Act, the laws of this state, and the rules and regulations promulgated by the board, the board shall issue to the applicant a license to carry on and conduct the kind or kinds of business covered under this Act.
(b) The license so granted shall specify the name and address of the applicant and if the applicant is a partnership or corporation the name and address of each partner or principal officer of the corporation. The license shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his business. The license or supplemental license shall be conspicuously displayed on each of such premises and, in the event any such location is changed, the board shall issue a new license with the changed address or endorse the changed address on the original license at no charge to the licensee.
(c) The board shall have the power and duty to issue or direct the joint-secretary to issue the license and for reasonable cause the board may refuse to issue or renew a license.
(1) The board may refuse to issue a license to an applicant when it determines that the applicant, or any partner or principal officer of the applicant if a partnership or corporation has (A) violated any law enacted for the prevention of theft of motor vehicles, parts, or accessories; (B) submitted an application containing incorrect information or made any material misrepresentation to the board in connection with an applica tion for a license; (C) failed for more than 30 days after the occurrence of a change which renders no longer accurate any information contained in any application for a license to make an amendatory application under Section 8 of this Act; (D) been guilty of a fraudulent act in connection with selling, bartering, exchanging, offering for, or otherwise dealing in used automobile parts or dismantled, wrecked, burned, or rebuilt motor vehicles; (E) has been convicted of a felony or a crime involving moral turpitude arising out of or connected with any business licensed under this Act; (F) failed to file or produce for the board any reports, records, or documents required to be filed or produced under the provisions of this Act or any rule or regulation made by the board pursuant to this Act; or (G) based on the information contained on the application, or by subse quent investigation, is not of good moral character.
(2) No license shall be refused until the applicant or licensee shall have been afforded a hearing in accordance with the "Georgia Ad ministrative Procedure Act."

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(d) Pending the satisfaction of the board that the applicant has met the requirements under this Act, it may issue a temporary permit to the applicant. The temporary permit shall allow the applicant to operate for a period not to exceed 120 days while the board is completing its in vestigation and determination of all facts relative to the qualification of the applicant to such license. Such temporary permit shall be invalid when the applicant's license has been issued or refused.
Section 11. Granting licenses; expiration and renewal, (a) All licenses issued under the provisions of this Act shall expire on December 31 of the calendar year in which issued and shall become invalid on that date, but renewal of such license may be made between January 1 and March 31 following the date of expiration by the payment of a renewal fee to be fixed by rule of the board.
(b) Failure to apply for renewal of a license as a used parts dealer and to remit the renewal fee by March 31 following the date of expiration shall not withdraw the right of renewal, but the board shall be authorized to charge an additional fee for late submission of the renewal fee.
Section 12. Suspension, revocation, or refusal to renew, (a) The board may, upon it own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any dealer licensed under this Act or anyone who shall assume to act in such capacity; and the board shall have power, in addition to the other powers authorized by this Act, to suspend for a specified time to be determined in its discre tion, to refuse to renew, or to revoke any license issued by virtue of the provisions of this Act where the licensee is found by a majority of the members of the board to be guilty of any one or more of the following:
(1) Used a false or fictitious name, knowingly made any false statements, or concealed any material fact in any application or other document filed with the board; or
(2) Willfully and intentionally failed to comply with any provisions of this Act or any lawful rule or regulations issed by the board under the provisions of this Act; or
(3) Made by any means any substantial misrepresentation to the board or to the public; or
(4) Demonstrated unworthiness or incompetency to act as a salvage dealer, motor vehicle dismantler, rebuilder, or used parts dealer in such a manner as to safeguard the interest of the public; or
(5) Engaged in fraud or fraudulent practice in the conduct of a business licensed under this Act; or
(6) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate any of the provisions of this Act; or
(7) Committed any act constituting any felony or any crime involving violence or moral turpitude arising out of or in connection with any business licensed under this Act; and the conviction, pleas of guilty, or

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plea of nolo contendere of a felony or a crime involving violence or moral turpitude shall be conclusive evidence of the commission of such crime. A fine or sentence based on a conviction, a plea of guilty, or plea of nolo contendere to a charge or indictment by either the federal or state government for tax evasion or failure to pay taxes shall be considered a crime involving moral turpitude; or
(8) Purchased, or concealed, or had in his possession, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen; or
(9) Failed to meet and maintain the requirements for issuance of a license as provided for in this Act; or
(10) Engaged in any other conduct, whether of the same or different character than heretofore specified, which constitutes dishonest deal ings; or
(11) Failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; or
(12) Failed to keep or maintain the records required to be kept by this Act.
(b) The board may refuse to renew the license of any dealer licensed under this Act upon any one or more of the grounds enumerated in subsection (a) of this section.
Section 13. Appeal of decision of the board. Any action or decision of the board which would be subject to appeal under the "Georgia Ad ministrative Procedure Act" may be appealed in the same manner as specified under that Act to the same courts, with the same rights and limitations as specified in that Act.
Section 14. Licensee's records, (a) Every licensee shall maintain for three years and submit monthly to the board in the form the board prescribes a record of:
(1) Every vehicle, vehicle body, chassis, or numbered component of or for a vehicle received or acquired by him, its decription and any iden tifying numbers, the date of its receipt or acquisition, and the full name, address, and driver's license number or social security number of the person from whom received or acquired; provided, however, that in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage dealer, or established place of business, the name and address of the corporation or company shall be sufficient provided the seller is registered under the provisions of this Act.
(2) Every vehicle, vehicle body, chassis, or numbered component disposed of by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address, and driver's license number or social security number of the person to whom dis posed; provided, however, that in the event such disposal is to a used

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parts dealer, used motor vehicle dismantler, salvage dealer, or establish ed place of business, the name and address of the corporation or com pany shall be sufficient provided the purchaser or acquirer is registered under the provisions of this Act.
(3) Every vehicle wrecked, dismantled, shredded, or crushed by him and the date of its wrecking or dismantling.
(b| Every licensee shall make reports in such form and containing such information as the board may by rule or regulation require.
(c) The possession of motor vehicles or parts covered by this Act shall be prima-facie evidence that they were purchased for the purpose of resale.
Section 15. Salvage pools; information to be furnished to pur chasers. All dealers licensed under the provisions of this Act who operate salvage pools shall furnish to the purchasers of any motor vehicle sold the make, model, year, body style, and vehicle identification number of the particular vehicle sold. In the event that the operator of a salvage pool is an insurance company, the claim number of the vehicle shall be furnished to the purchaser in addition to the other required information.
Section 16. Inspection. Every person licensed under the provisions of this Act, as a condition of his license, shall be deemed to have granted authority and permission to the board or any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or ac cessory at or on the premises of his principal or additional place of business at any reasonable time during the day or night during reasonable business hours.
Section 17. Compliance with "Motor Vehicle Certificate of Title Act." Any dealer who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with the provisions of the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68|, as now or hereafter amended, regarding titling and inspection of salvate and rebuilt vehicles and shall comply with any rules and regulations adopted by the commissioner of the Department of Revenue pursuant to this Act.
Section 18. Licensing of dealers by political subdivisions. Nothing in this Act shall prohibit any lawful regulation or licensing of used car dealers, used motor vehicle parts dealers, dismantlers, or rebuilders by any city, county, or other political subdivision of this state. No such political subdivision shall grant a business license to any dealer required to be licensed under this Act until such dealer has made bona fide ap plication to the board to be licensed under this Act and the board has taken action under the application other than refusal, cancellation, revocation, or failure to renew the applicant's license.
Section 19. Offenses. Any person violating any provision of this Act shall be guilty of a misdemeanor.

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999

Section 20. Additional remedies. In addition to any other remedy provided by law, the board, the Attorney General, any district attorney in this state, or any county or city attorney in this state may bring action to enjoin any person from selling, trading, transferring, or disposing of any used motor vehicle parts in violation of the provisions of this Act.
Section 21. Civil penalty for violations, (a) Any person who commits or causes to be done any act that violates any provision of this Act or fails to do any act or causes to be omitted any act that is required by any pro vision of this Act shall be subject to a civil penalty not to exceed $ 1,000.00 for each such violation. A violation of any such provision shall for the purposes of this section constitute a separate offense as to any motor vehicle part and each day in which any person sells, trades, transfers, or disposes of used motor vehicle parts without being licensed pursuant to this Act shall constitute a separate offense.
(b) Said penalty shall be recoverable by a civil action brought by the board, the Attorney General, any district attorney, solicitor, or city or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted by the clerk of court in which said case is filed to the board; provided, however, that in an ac tion brought on behalf of a county or municipality, one-half of the pro ceeds of such civil penalty shall be paid into the treasury of such county or municipality.
Section 22. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Robinson of the 27th and Cobb of the 28th offered the following amendment:

Amend the substitute to SB 118 offered by the Senate Committee on Public Safety by adding on Page 1, line 25, after the word and symbol "terms;" the following:
"to provide for the termination of said board;",
and
By renumbering Section 22 as Section 23 and inserting a new Section 22 on Page 20, between lines 14 and 15, to read as follows:
"Section 22. Termination date. Pursuant to Section 9 of 'An Act Providing for the Review, Continuation, Reestablishment or Termina tion of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers created in Section 4 of this Act is hereby continued until July 1, 1983, 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 ac tivities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to

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the board shall be continued in effect for the duration of the termina tion period only for the purpose of concluding its affairs. As of the last day of the termination period, this Act shall stand repealed in its en tirety. During the termination period, neither the board nor divisions within the board shall issue any new licenses, renew any licenses, or collect any license fees which were not due and payable prior to the date of termination of the board.''

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

Senator Evans of the 37th offered the following amendment:

Amend the substitute to SB 118 offered by the Senate Committee on Public Safety by striking on Page 7, line 27, the following:
"; however, no such rule or";
and by striking in its entirety lines 28, 29 and 30;
and by adding after the word "Act" on line 27 the following:

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.
Senator Cobb of the 28th offered the following amendment:
Amend the substitute to SB 118 offered by the Senate Committee on Public Safety by striking subsection (3) of Section 7 in its entirety on Page 7, lines 13 through 16, and renumbering subsection (4), (5), and (6) as subsections (3), (4), and (5) respectively;
and
By striking on Page 7, line 27, beginning with the symbol and word ";however" and continuing through line 30, and placing a period after the word "Act" on line 27;
and
By striking on Page 17, from lines 5 and 19, the language "numbered component" and inserting in lieu thereof the following:
'' maj or component'';
and
By striking on Page 17, line 32, the word and symbol "shredded,".

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1001

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 39, nays 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 Bowen Brannon Brantley Broun of 46th Cobb Coleman Coverdell Deal Dean English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kidd Land Lester McGill

Those voting in the negative were Senators:

Eldridge Kennedy

Littlefield

Those not voting were Senators:

Brown of 47th Bryant

Holloway Hudgins

On the passage of the bill, the yeas were 47, nays 4.

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Ty singer Walker Wessels
Sutton
Starr (presiding)

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

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Lieutenant Governor Zell Miller introduced Razzy Bailey to the Senate.

The following general bills of the Senate, having been read the third time and lost on February 17, reconsidered on February 18 and postponed until February 20, were put upon their passage:

SB 56. 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 require departments to employ certain employees in volved in a reduction in force under certain circumstances.

Senator Kidd of the 25th moved that SB 56 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 56 was committed to the Committee on Governmental Operations.

SB 57. By Senator Kidd of the 25th:
A bill to amend Code Chapter 89-7, relating to salaries and fees of state officers and employees, as amended, so as to provide for supplemental compensation in conjunction with workers' compensation benefits; to provide for the amount and duration of such supplemental compensa tion.

Senator Kidd of the 25th moved that SB 57 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 57 was committed to the Committee on Governmental Operations.

Senator Starr of the 44th resumed the Chair at the direction of the President.

The following general resolution of the Senate, having been read the third time on February 19 and postponed until February 23, was put upon its adoption:

SR 77. By Senators Robinson of the 27th, Land of the 16th, Foster of the 50th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and

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1003

amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide that the provisions shall be selfexecuting; to provide for the submission of this amendment for ratifica tion or rejection.

Senator Robinson of the 27th offered the following amendment:

Amend SR 77 by striking from lines 15 through 16 of Page 3 and from lines 4 through 6 of Page 6 the following:
"voted for the candidates for the office of Governor in the last preceding gubernatorial election.",
and inserting in lieu thereof the following:
"were registered to vote for members of the General Assembly at the last preceding general election."

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to as amended.

On 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 Brannon Brantley Broun of 46th Cobb Coleman Coverdell Dean Eldridge

Engram
Fincher of 52nd Foster Greene Horton Howard Hudgins Kidd Land Lester Littlefield McKenzie

Reynolds
Robinson Scott Stephens Stumbaugh Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood
Bowen Brown of 47th Deal English

Evans
Fincher of 54th Gillis Hill Hudson

Kennedy
McGill Summers Tate Timmons

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Those not voting were Senators:

Bryant Garner

Holloway

Starr (presiding)

On the adoption of the resolution, the yeas were 37, nays 15.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Robinson of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 77.

The following local, uncontested resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 86. 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 im pose fines for the violation of county ordinances and resolutions in ac cordance 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 resolutions 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 proce dure and conditions 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 matter thereof as to Camden County.''

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1005

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 [ ] NO

Shall the Constitution be amended so as to provide that the Probate Court of Camden County shall have jurisdic tion to 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 ex ercised?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

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Those not voting were Senators:

Bryant Garner

Holloway Starr (presiding)

Wessels

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:20 o'clock P.M., Senator Starr of the 44th, who was presiding at the direc tion of the President, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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1007

Senate Chamber, Atlanta, Georgia Tuesday, February 24, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Robinson of the 27th moved that the Senate reconsider its action of February 23 in defeating the following resolution of the Senate:

SR 77. By Senators Robinson of the 27th, Land of the 16th, Foster of the 50th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide that the provisions shall be self- ex ecuting; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 23, nays 9; the motion prevailed, and SR 77 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.

Senator Holloway of the 12th, President Pro Tempore, announced that the Lieutenant Governor would be absent today due to the illness of his mother.

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 725. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act establishing the State Court of Grady County, so as to change the provision relative to juries; to provide that jurors shall be drawn from the traverse jury list of the superior court.

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HB 726. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act establishing the State Court of Grady County, so as to extend the term of the current judge.

HB 727. By Representative Hanner of the 130th:
A bill to amend an Act to create and establish a Small Claims Court of Terrell County, so as to change the jurisdiction of the court; to increase the fees in the court.

HB 729. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners for Irwin Coun ty, so as to change the compensation of the chairman of the board of com missioners.

HB 736. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer; to provide an expense allowance for said officer.

HB 749. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend the Charter of Columbus, Georgia, to provide that the Personnel Review Board shall be a Charter authorized Board of Colum bus, Georgia.

HB 750. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend an Act providing a Charter for the countywide govern ment of Columbus Georgia, to declare the intent of the General Assembly; to provide for the Columbus Industrial and Port Development Commission.

HB 752. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation provisions relating to the clerk of the Superior Court and the judge of the Probate Court of Greene County; to change the compensation provisions relating to clerical help in such offices; to change the compensation provisions relating to the coroner.

TUESDAY, FEBRUARY 24, 1981

1009

HB 753. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, so as to change the compensation provisions relating to the tax commissioner; to provide compensation for clerical help.

HB 754. By Representatives Lambert of the 112th and Jackson of the 75th:
A bill to amend an Act creating a new charter for the City of Rutledge, so as to change the fine authorized to be imposed in the police court.

HB 755. By Representatives Lambert of the 112th and Jackson of the 75th:
A bill to amend an Act placing certain of the county officers of Morgan County on an annual salary, so as to change the compensation of the clerk of the superior court.

HB 756. By Representatives Lambert of the 112th and Jackson of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues in and for the County of Morgan, so as to change the compensa tion of the chairman, vice-chairman, and members of the board.

HB 757. By Representative Sizemore of the 136th: A bill to create and establish a Small Claims Court of Worth County.

HB 759. 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.

HB 760. 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 761. 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 commis sioner; to change the provisions relative to the compensation of the depu ty tax commissioner.

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JOURNAL OF THE SENATE

HB 762. 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 763. By Representatives Johnson, Benefield, Lee and Wood 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 the expense allowance of other members of the Board of Commissioners.

HB 765. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act incorporating the City of Adairsville, so as to ex tend the corporate limits of said city; to provide for a referendum.

HB 254. By Representatives Fortune and Mostiler of the 71st:
A bill to amend Code Section 84-512, relating to revocation of and refusal to grant licenses to practice chiropractic so as to include as grounds for such revocation or refusal certain conduct relating to advertising.

HB 628. By Representatives Perry of the 146th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Code Section 90-210, relating to distribution of reports of the Supreme Court and Court of Appeals, so as to authorize the chief judge of the superior courts of each judicial circuit to limit the distribu tion of certain reports.

HB 629. By Representatives Perry of the 146th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Code Section 101-205, relating to the distribution and sale of copies of laws and journals, so as to authorize the chief judge of the superior courts of each judicial circuit to limit the distribution of cer tain session laws.

HB 314. By Representatives Harrison of the 20th, Bargeron of the 83rd, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to make it unlawful for any insurer issuing motor vehicle liability policies in this State to require a person who is legally en titled to recover damages from the insurer to utilize a particular person, firm, or corporation for repair work on a motor vehicle.

TUESDAY, FEBRUARY 24, 1981

1011

HB 164. By Representatives Greer of the 43rd and Adams of the 36th:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965", is hereby amended so as to eliminate certain requirements that transit operating revenue must bear certain percent age of operating costs of the System.

HB 146. By Representatives Mullinax of the 69th, Mostiler of the 71st, Hawkins of the 50th 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 527. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to change the terms of court of the superior court of Cherokee County in the Blue Ridge Judicial Circuit.

HB 454. By Representative Snow of the 1st:
A bill to amend Code Chapter 22-19, relating to corporate takeovers, so as to provide that it shall be applicable with respect to takeover bids directed at joint-stock associations and certain other unincorporated enterprises having specified relationships with this state.

HB 456. By Representative Snow of the 1 st:
A bill to amend Code Chapter 22-19, relating to corporate takeovers, so as to provide that the commissioner shall treat as confidential and not subject to public inspection registration statements and hearings, together with records made therein, except in specified circumstances.

HB 220. By Representatives Pilewicz of the 41st, Tuten of the 153rd, Lawson of the 9th and others:
A bill to amend Code Section 26-2904, relating to pistol or revolver licenses, so as to authorize the issuance of temporary renewal licenses under certain conditions and provide for all related matters.

HB 572. By Representatives Beal of the 28th, Smyre of the 92nd, Fuller of the 27th and others:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities, so as to provide for special affairs officers for certain in dividuals and groups.

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JOURNAL OF THE SENATE

HB 423. By Representative Pinkston of the 100th:
A bill to amend Code Chapter 41A-30, relating to general provisions and organization of credit unions, so as to authorize out-of-state credit unions to establish a place of business within the state with the approval of thej Department of Banking and Finance.

HB 339. By Representatives Fuller of the 16th, Childers of the 15th, Adams of the 14th and Cummings of the 17th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide for determining amounts payable to certain retired public schoolteachers who retired pursuant to county, municipal, or local board of education retirement or pension system.

HB 579. By Representative Lambert of the 112th:
A bill to fix the terms of court of the superior courts of Baldwin, Greene, Hancock, Jasper, Jones, Morgan, Putnam and Wilkinson counties of the Ocmulgee Judicial Circuit.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 251. By Representatives Childs of the 51st, Richardson of the 52nd, Burton of the 47th and others:
A resolution creating the DeKalb County Compensation Study Commis sion.

The House has agreed to the Senate amendment to the following bills of the House:

HB 269. By Representatives Walker of the 115th and Culpepper of the 98th: A bill to create and establish a Small Claims Court of Macon County.

HB 431. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg Georgia, so as to change the number of councilmen; to change the method of electing the mayor and councilmen.

HB 51. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Home of the 104th and others:
A bill to amend an Act known as "Macon-Bibb County Water and Sewerage Authority Act amended''.

TUESDAY, FEBRUARY 24, 1981

1013

The House insists on its position in amending the following bill of the Senate:

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for state employees, approved March 16, 1961, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five percent to eight percent of the total outlay for personal ser vices.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 389. By Senators Howard of the 42nd and Evans of the 37th:
A bill to amend Code Chapter 88-5, relating to hospitalization and treat ment procedures for the mentally ill, as amended, so as to require certain examinations prior to the prescription of medication; to regulate the use of chemical restraints.
Referred to Committee on Human Resources.

SB 390. By Senators Howard of the 42nd and Evans of the 37th:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment procedures for alcoholics, drug dependent individuals, and drug abusers, as amended, so as to require certain examinations prior to the prescription of medication; to regulate the use of chemical restraints.
Referred to Committee on Human Resources.

SB 391. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955," as amended, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance of ordered military duty.
Referred to Committee on Defense and Veterans Affairs.

SR 106. By Senators Wessels of the 2nd and Coleman of the 1st:
A resolution authorizing the conveyance of certain State-owned personal property located within Chatham County, Georgia, to the United States Department of the Army, Corps of Engineers. Referred to Committee on Public Utilities.

1014

JOURNAL OF THE SENATE

SR 107. By Senators Brantley of the 56th, Stephens of the 36th, Engram of the 34th and others:
A resolution relating to water and sewer utility services in Atlanta and Fulton County.
Referred to Committee on County and Urban Affairs.

SR 109. By Senators Howard of the 42nd and Evans of the 37th: A resolution creating the Special Study Commission on Mental Health.
Referred to Committee on Human Resources.

The following bills and resolution of the House were read the first time and referred to committees:

HB 146. By Representatives Mullinax of the 69th, Mostiler of the 71st, Hawkins of the 50th 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 164. By Representatives Greer of the 43rd and Adams of the 36th:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965", is hereby amended so as to eliminate certain requirements that transit operating revenue must bear a certain percent age of operating costs of the System.
Referred to Committee on Banking, Finance and Insurance.

HB 220. By Representatives Pilewicz of the 41st, Tuten of the 153rd, Lawson of the 9th and others:
A bill to amend Code Section 26-2904, relating to pistol or revolver licenses, so as to authorize the issuance of temporary renewal licenses under certain conditions and provide for all related matters.
Referred to Committee on Special Judiciary.

HB 254. By Representatives Fortune and Mostiler of the 71st:
A bill to amend Code Section 84-512, relating to revocation of and refusal to grant licenses to practice chiropractic, so as to include as grounds for such revocation or refusal certain conduct relating to advertising.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 24, 1981

1015

HB 314. By Representatives Harrison of the 20th, Bargeron of the 83rd, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act'', so as to make it unlawful for any insurer issuing motor vehicle liability policies in this State to require a person who is legally en titled to recover damages from the insurer to utilize a particular person, firm, or corporation for repair work on a motor vehicle.
Referred to Committee on Banking, Finance and Insurance.

HB 339. By Representatives Fuller of the 16th, Childers of the 15th, Adams of the 14th and Cummings of the 17th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide for determining amounts payable to certain retired public schoolteachers who retired pursuant to county, municipal, or local board of education retirement or pension system.
Referred to Committee on Retirement.

HB 423. By Representative Pinkston of the 100th:
A bill to amend Code Chapter 41A-30, relating to general provisions and organization of credit unions, so as to authorize out-of-state credit unions to establish a place of business within the state with the approval of the Department of Banking and Finance.
Referred to Committee on Banking, Finance and Insurance.

HB 454. By Representative Snow of the 1 st:
A bill to amend Code Chapter 22-19, relating to corporate takeovers, so as to provide that it shall be applicable with respect to takeover bids directed at joint-stock associations and certain other unincorporated enterprises having specified relationships with this State.
Referred to Committee on Special Judiciary.

HB 456. By Representative Snow of the 1st:
A bill to amend Code Chapter 22-19, relating to corporate takeovers, so as to provide that the commissioner shall treat as confidential and not subject to public inspection registration statements and hearings, together with the records made therein, except in specified cir cumstances.
Referred to Committee on Special Judiciary.

HB 527. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to change the terms of court of the Superior Court of Cherokee County in the Blue Ridge Judicial Circuit. Referred to Committee on Special Judiciary.

1016

JOURNAL OF THE SENATE

HB 572. By Representatives Beal of the 28th, Smyre of the 92nd, Fuller of the 27th and others:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities, so as to provide for special affairs officers for certain in dividuals and groups.
Referred to Committee on Appropriations.

HB 579. By Representative Lambert of the 112th:
A bill to fix the terms of court of the superior courts of Baldwin, Greene, Hancock, Jasper, Jones, Morgan, Putnam, and Wilkinson counties of the Ocmulgee Judicial Circuit. Referred to Committee on Special Judiciary.

HB 628. By Representatives Perry of the 146th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Code Section 90-210, relating to distribution of reports of the Supreme Court and Court of Appeals, so as to authorize the chief judge of the superior courts of each judicial circuit to limit the distribu tion of certain reports.
Referred to Committee on Special Judiciary.

HB 629. By Representatives Perry of the 146th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Code Section 101-205, relating to the distribution and sale of copies of laws and journals, so as to authorize the chief judge of the superior courts of each judicial circuit to limit the distribution of cer tain session laws.
Referred to Committee on Special Judiciary.

HB 725. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act establishing the State Court of Grady County, so as to change the provision relative to juries; to provide that jurors shall be drawn from the traverse jury list of the superior court. Referred to Committee on County and Urban Affairs.

HB 726. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act establishing the State Court of Grady County, so as to extend the term of the current judge. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 24, 1981

1017

HB 727. By Representative Manner of the 130th:
A bill to amend an Act to create and establish a Small Claims Court of Terrell County, so as to change the jurisdiction of the court; to increase the fees in the court. Referred to Committee on County and Urban Affairs.

HB 729. By Representative Branch of the 137th;
A bill to amend an Act creating a board of commissioners for Irwin Coun ty, so as to change the compensation of the chairman of the board of com missioners.
Referred to Committee on County and Urban Affairs.

HB 736. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer; to provide an expense allowance for said officer.
Referred to Committee on County and Urban Affairs.

HB 749. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend the Charter of Columbus, Georgia, to provide that the Personnel Review Board shall be a Charter authorized Board of Colum bus, Georgia.
Referred to Committee on County and Urban Affairs.

HB 750. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend an Act providing a Charter for the countywide govern ment of Columbus, Georgia, to declare the intent of the General Assembly; to provide for the Columbus Industrial and Port Development Commission.
Referred to Committee on County and Urban Affairs.

HB 752. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation provisions relating to the clerk of the Superior Court and the judge of the Probate Court of Greene County; to change the compensation provisions relating to clerical help in such offices; to change the compensation provisions relating to the coroner.
Referred to Committee on County and Urban Affairs.

1018

JOURNAL OF THE SENATE

HB 753. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, so as to change the compensation provisions relating to the tax commissioner; to provide compensation for clerical help.
Referred to Committee on County and Urban Affairs.

HB 754. By Representatives Lambert of the 112th and Jackson of the 75th:
A bill to amend an Act creating a new charter for the City of Rutledge, so as to change the fine authorized to be imposed in the police court. Referred to Committee on County and Urban Affairs.

HB 755. By Representatives Lambert of the 112th and Jackson of the 75th:
A bill to amend an Act placing certain of the county officers of Morgan County on an annual salary, so as to change the compensation of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

HB 756. By Representatives Lambert of the 112th and Jackson of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues in and for the County of Morgan, so as to change the compensa tion of the chairman, vice-chairman, and members of the board. Referred to Committee on County and Urban Affairs.

HB 757. By Representative Sizemore of the 136th:
A bill to create and establish a Small Claims Court of Worth County. Referred to Committee on County and Urban Affairs.

HB 759. 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. Referred to Committee on County and Urban Affairs.

HB 760. 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 County and Urban Affairs.

TUESDAY, FEBRUARY 24, 1981

1019

HB 761. 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 commis sioner; to change the provisions relative to the compensation of the depu ty tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 762. 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 County and Urban Affairs.

HB 763. By Representatives Johnson, Benefield, Lee and Wood 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 the expense allowance of other members of the Board of Commissioners.
Referred to Committee on County and Urban Affairs.

HB 765. By Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th:
A bill to amend an Act incorporating the City of Adairsville, so as to ex tend the corporate limits of said city; to provide for a referendum. Referred to Committee on County and Urban Affairs.

HR 251. By Representatives Childs of the 51st, Richardson of the 52nd, Burton of the 47th and others:
A resolution creating the DeKalb County Compensation Study Commis sion. Referred to Committee on County and Urban Affairs.
The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 373. Do pass.
SB 374. Do pass.

1020

JOURNAL OF THE SENATE

SB 375. Do pass. SB 376. Do pass. SB 377. Do pass. HB 498. Do pass. HB 499. Do pass. HB 500. Do pass. HB 598. Do pass. HB 599. Do pass. HB 600. Do pass. HB 601. Do pass. HB 602. Do pass. HB 617. Do pass. HB 618. Do pass. HB 620. Do pass. HB 621. Do pass. HB 631. Do pass. HB 659. Do pass. HB 668. Do pass. HB 671. Do pass. HB 673. Do pass. HB 675. Do pass. HB 676. Do pass. HB 679. Do pass. HB 680. Do pass. HB 681. Do pass. HB 682. Do pass. HB 683. Do pass. HB 684. Do pass. HB 687. Do pass. HB 688. Do pass. HR 213. Do pass. HR 215. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

TUESDAY, FEBRUARY 24, 1981

1021

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 322. Do pass.

Respectfully submitted, Senator Barnes of the 33rd 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 325. HB 346. HB 496.

Do pass as amended. Do pass as amended. Do pass by substitute.

Respectfully submitted, Senator Barnes of the 33rd 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 301. Do pass. SB 352. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

1022 Mr. President:

JOURNAL OF THE SENATE

Your Committee on Public Utilities 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 70. Do pass as amended.

Respectfully submitted, Senator Brown of the 47th 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 76. SR 66. HR 147. HR 65. HR 151. HR 64. HR 146. HR 93. HR 113. HR 59. HR 143. HR 56.

Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

TUESDAY, FEBRUARY 24, 1981

1023

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 185. SB 191. HB 182. HB 250. HB 270. HB 274. HB 275. HB 276. HB 277. HB 278.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Tate of the 38th 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 following recommendations:

HB 26. Do pass. HB 210. Do pass.

Respectfully submitted, Senator Tate of the 38th District, Chairman

1024 Mr. President:

JOURNAL OF THE SENATE

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 following recommendation:

HB 76. Do pass as amended.

Mr. President:

Respectfully submitted, Senator Tate of the 38th District, Chairman

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 67. HB 128. HB 319. HB 402.

Do pass. Do pass, 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 sec ond time:

SB 84. By Senators Foster of the 50th, Stumbaugh of the 55th, Land of the 16th and others:
A bill to amend an Act providing for the establishment of a special train ing program within the State Department of Education to provide quick start training to meet the employment needs of industry so as to provide for training programs pursuant to annual contracts or agreements bet ween the State Board of Education and private industrial or business firms.

SB 307. By Senators Coverdell of the 40th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Boat Safety Act", as amended, so as to revise the declaration of policy; to provide a definition for the term "marine event"; to revise the numbering exemption for rac ing vessels; to correct a typographical error pertaining to the fees for vessel certificates of number.

TUESDAY, FEBRUARY 24, 1981

1025

HB 35. By Representatives Lambert of the 112th, Argo of the 63rd and McDonald of the 12th:
A bill to create the position of Consumers' Utility Counsel.

HB 253. By Representatives Auten of the 154th, Tuten of the 153rd, Kemp of the 139th and others:
A bill to amend Code Section 45-902, relative to fishing with powerdrawn nets, the opening and closing of waters, and the confiscation of il legally used equipment, so as to change the provisions relating to the tak ing of crabs and the opening of waters for the taking of crabs.
HB 416. By Representatives Logan of the 62nd, Reaves of the 147th, Ross of the 76th and others:
A bill to amend Code Title 32, relative to education, so as to change the name of the education loan program from the "Georgia Educational Loan Program" to the "Georgia Higher Education Loan Program".

HB 586. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Crawford of the 5th:
A bill to amend an Act placing the coroner of Walker County upon a monthly salary, so as to provide for a mileage allowance for the coroner.

HB 587. By Representatives Snow and Hays of the 1st, Foster of the 6th arid Crawford of the 5th:
A bill to amend an Act creating the office of Tax Commissioner of Walker County, so as to change the maximum compensation of personnel.

HB 588. 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 the Superior Court of Walker County on an annual salary, so as to change the maximum amount of compensation of personnel.

HB 624. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the terms of said court.

HB 635. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act providing for a salary for the clerk of the Superior Court of Screven County in lieu of the fee system, so as to change the compensation of said clerk.

1026

JOURNAL OF THE SENATE

HR 170. By Representatives Godbee of the 82nd and Lane of the 81st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts.

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 354. By Senator Littlefield of the 6th: A bill to amend an Act placing certain county officials of Camden County upon an annual salary, as amended, so as to authorize the Board of Com missioners of Camden County to supplement the salary of certain county 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 355. By Senator Littlefield of the 6th: A bill to amend an Act creating the office of Tax Commissioner of Camden County, as amended, so as to authorize the Board of Commis sioners of Camden County to supplement the salary of the tax commis sioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 356. By Senator Littlefield of the 6th: A bill to amend an Act creating the Board of Commissioners of Camden County, as amended, so as to provide for a county purchasing agent and a central purchasing office; to provide for the manner in which certain purchases shall be made.

TUESDAY, FEBRUARY 24, 1981

1027

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 357. By Senator Littlefield of the 6th:
A bill to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county or dinances; to provide for the powers of said court; to provide for bonds; to provide for appeals; to provide for funds; to provide for the disposition of fines and forfeitures; to provide for a solicitor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 358. By Senator Littlefield of the 6th:
A bill to amend an Act placing the sheriff and 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 change the provisions relative to the compensation of the clerk of the superior courts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 359. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change provisions relating to the compensa tion of the sheriff and deputies and other personnel.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1028

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 360. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, as amended, so as to change the compensation of said clerk and of the judge's and clerk's personnel.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 361. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act placing the tax commissioner of Glynn County on an annual salary, as amended, so as to change the compensation of the tax commissioner and personnel.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 362. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating a board of commissioners of Glynn Coun ty, as amended, so as to establish pay grades for the payment from coun ty funds of the salaries and wages of employees of certain officers of Glynn County; to provide the manner of fixing the salaries and wages of employees within said pay grades.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

TUESDAY, FEBRUARY 24, 1981

1029

The bill, having received the requisite constitutional majority, was passed.

SB 363. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of certain personnel of the court; to change the terms of court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 366. By Senator Timmons of the 11th:
A bill to amend an Act creating a Small Claims Court in and for Calhoun County so as to change the jurisdiction of the court; to provide for ser vice; to change certain fees, costs, commissions, and deposits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 581. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the compensation of the mayor and councilmen; to authorize the mayor and council to establish appropriate schedules of fees for the collection of garbage and waste.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1030

JOURNAL OF THE SENATE

HB 582. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to create and establish a Small Claims Court of Turner County; to provide for the initial judge.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 594. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act creating and establishing a Small Claims Court for Laurens County, so as to change certain jurisdictional limits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 607. By Representatives Fortune and Mostiler of the 71st, Wood, Lee, Benefield and Johnson of the 72nd:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, so as to change the fees for filing actions therein.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 642. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Turner County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 24, 1981

1031

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 353. By Senator Littlefield of the 6th:
A bill to create and establish a Small Claims Court of Camden County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend SB 353 by adding on line 22 of Page 3 after the following:
"Section 3.",
the following: "N".
By adding after line 32 of Page 3 the following:
"(b) When the office of judge of the Small Claims Court shall become vacant due to death, resignation, or otherwise, the governing authority of Camden County shall fill such vacancy. The person so ap pointed shall serve for the unexpired term and until his successor is elected and qualified."

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

1032

JOURNAL OF THE SENATE

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 Bowen Brannon Brantley Brown of 47th Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Bryant Coverdell

Greene Holloway (presiding) Horton

Hudgins Stumbaugh Timmons

Senator Barnes of the 33rd introduced the chaplain of the day, Dr. Bobby Sunderland, of the Southern Baptist Home Mission Board, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 105. By Senators Wessels of the 2nd, Gillis of the 20th, Fincher of the 52nd and others: A resolution recognizing UGA III on the occasion of his retirement.
SR 108. By Senators Tate of the 38th, Bond of the 39th, Tysinger of the 41st and others: A resolution commending Morris Brown College on the observance of its centennial celebration.

TUESDAY, FEBRUARY 24, 1981

1033

SENATE RULES CALENDAR Tuesday, February 24, 1981 TWENTY-FIFTH LEGISLATIVE DAY

HB 251. Stone Mountain Memorial Association--sale of malt beverages, wine (C Aff-36th)
SB 343. Chiropractor License--college training not apply to certain applicants (HumR-26th)
HR 61. Georgia Convocation on Federalism--relative to (Gov Op--44th)
SB 286. Obligations to Pay Attorney's Fees Contained in Notes--enforcement (S Judy--52nd)
SB 244. Licensed Practical Nurses Employed in Institutions--compensation (Gov Op-25th)
HB 152. Exotic, Pet Bird Dealer--regulation and licensing (SUBSTITUTE) (Ag-24th)
HB 122. Long-term Health Care Facilities--bill of rights for residents (Hum R-42nd)
HB 139. Selling or Giving Object, Material for Growing Marijuana--unlawful (S Judy-55th)
SR 71. Duplication of State Services Study Committee--create (App--48th)
SB 213. Arrests--circumstances for physical and deadly physical force (SUBSTITUTE) (Pub Saf-40th)
SB 311. JuryDuty--exempt 65 year olds if notified in writing (S Judy--17th)
HB 395. Primary Expenses--city may choose to pay additional expenses (Gov Op-12th)
SB 143. Ambulance Service--counties provide same as police, fire protection (SUBSTITUTE) (HumR-41st)
SB 31. Cable Television--counties grant franchise licenses (SUBSTITUTE) (AMENDMENTS) (Gov Op-37th)
HB 16. Constitutional Amendments Publication Board--additional duties (Gov Op--44th)
SR 11. Intangible Personal Property Tax--prohibit (SUBSTITUTE) (BF&I--23rd)
SB 348. Depositing Bait on Waters to Attract Shrimp--unlawful (NREQ--6th)
SB 183. Industrial Insurance-licensing and regulation (SUBSTITUTE) (BF&I-2nd)
HB 79. Malt Beverages--provide for distribution (SUBSTITUTE) (IL&Tou--29th and 28th)
SB 184. Railroad Employee Injuries--venue of actions (SUBSTITUTE) (Judy-2nd)

1034

JOURNAL OF THE SENATE

SB 287. Sales Tax--bracket system for collection (BF&I--23rd)
SR 88. Department of Human Resources--study of distribution of services provided by department (SUBSTITUTE) (Hum R--40th)
SB 237. Employee Health Insurance--continue coverage of certain annuitants (SUBSTITUTE) (Gov Op-33rd)
SB 310. Widows at Confederate Soldiers Home--repeal act providing (D&VA-32nd)
HB 149. Jury Duty--alternative exemption counties using computers (Judy--5th)
SB 328. Hospital Admission of Alcoholic, Drug Abuser, Mentally 111--psychologists (Hum R--33rd)
SB 324. Brunswick Judicial Circuit--supplement to judges' salaries (S Judy--6th)
SB 308. Adequate Program for Education in Georgia--give teachers duty-free lunch period (SUBSTITUTE) (Ed-38th)
SB 234. Public Service Conveniences--construction and operation (SUBSTITUTE) (NREQ-20th)
SB 326. Public Building Authorities--create (Gov Op--33rd)
HB 410. Nuisances in Cities--manner of determining existence (S Judy--6th)
SB 215. Poet Laureate--provide position (Rules--50th)
SB 323. Development Authority Law--local communities stimulating economic growth (IL&Tou-55th)
SB 223. Scrap Metal Processors--maintain certain permanent records (SUBSTITUTE) (IL&Tou-28th)
SB 347. Indebtedness to State from Overweight Vehicle Citations--liens on vehicles (Trns--48th)
SB 291. Board of Examiners of Power Engineers--create (AMENDMENT) (Gov Op--36th) Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 251. By Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21st and others:
A bill to amend an Act known as the "Stone Mountain Memorial Associa tion Act", so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine, and distilled spirits at the facilities of the association located within Stone Mountain Park by the package and for consumption on the premises.
Senate Sponsor: Senator Stephens of the 36th.

TUESDAY, FEBRUARY 24, 1981

1035

Senator Stumbaugh of the 55th moved that HB 251 be committed to the Com mittee on Consumer Affairs.

On the motion, Senator Stephens of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Brown of 47th Coverdell Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Horton Howard Kennedy Land

Lester Scott Stumbaugh Summers Sutton Thompson Trulock Tysinger Wessels

Those voting in the negative were Senators:

Ballard Bell Bond Bowen Broun of 46th Cobb Coleman Deal

Eldridge Gillis Greene Hill Kidd Littlefield McGill McKenzie

Those not voting were Senators:

Bryant Holloway (presiding)

Hudgins Hudson

Reynolds Robinson Starr Stephens Tate Timmons Turner
Walker

On the motion, the yeas were 28, nays 23; the motion prevailed, and HB 251 was committed to the Committee on Consumer Affairs..
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:

1036

JOURNAL OF THE SENATE

HB 610. By Representatives Bolster of the 30th, Tuten of the 153rd, Wall of the 61st and others:
A bill to amend Code Title 24A, known as the ' 'Juvenile Court Code of Georgia", so as to change the circumstances under which juvenile courts and superior courts have concurrent jurisdiction over delinquent acts which constitute certain crimes; to change the definition of the term "designated felony act."

HB 180. By Representatives Rowland of the 119th, Marcus of the 26th, Richardson of the 52nd and others:
A bill to amend Code Title 88, relating to public health, so as to add a new Code chapter to authorize the discontinuance of extraordinary lifesustaining procedures for certain purposes.

The following general bills of the Senate and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

SB 343. By Senator Greene of the 26th:
A bill to amend Code Section 84-507, relating to qualifications for licensure, as amended, so as to provide that general college training re quirements shall not apply to certain persons.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th
Cobb Coleman Coverdell Deal
Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard
Hudgins Kennedy Kidd Land
Lester Littlefield

McGill McKenzie
Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons Trulock Turner
Tysinger Wessels

TUESDAY, FEBRUARY 24, 1981

1037

Those not voting were Senators:

Bryant Holloway (presiding)

Hudson

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 61. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and Harris of the 8th:
A resolution relative to a Georgia Convocation on Federalism.
Senate Sponsor: Senator Starr of the 44th.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans
Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Lester Littlefield

McGill Reynolds Robinson
Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Fincher of 54th Holloway (presiding)

Hudson Land

McKenzie Summers

1038

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 286. By Senators Fincher of the 52nd and Allgood of the 22nd:
A bill to amend Code Section 20-506, relating to obligations to pay at torney's fees contained in notes and other instruments, as amended, so as to provide that such obligations are enforceable only to the extent that reasonable attorney's fees are actually paid or owing to an attorney other than an employee of the holder of the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Holloway (presiding)

Hudson Robinson

Stephens

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 24, 1981

1039

The following general bill of the Senate, having been read the third time and lost on February 19, and reconsidered on February 20, was put upon its passage:

SB 244. By Senator Kidd of the 25th:
A bill to amend Code Section 88-115, relating to institutional powers and duties of the Department of Human Resources, so as to provide for the compensation of licensed practical nurses employed in the institutions under the jurisdiction of the department.

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 Pierre Howard, Chairman

Human Resources Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 16, 1981

SUBJECT: Fiscal Note-Senate Bill 244 Compensation of Licensed Practical Nurses

This Bill would increase the compensation paid to licensed practical nurses (LPN's) in institutions under the jurisdiction of the Department of Human Resources (DHR). Licensed practical nurses would be compen sated on a pay grade of not less than 19; senior licensed practical nurses would be compensated on a pay grade of not less than 21.Currently, LPN's and senior LPN's are compensated on pay grades 17 and 19, respectively.

Institutions under the jurisdiction of DHR currently have 452 LPN positions and 418 senior LPN positions. Increasing the pay grades of these positions to pay grades 19 and 21, respectively, would result in an additional cost to the state of approximately $750,000 in the first year. This cost would increase in future years as a result of percentage in creases granted as cost-of-living salary adjustments.

Is/ William M. Nixon State Auditor

Is/ 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.

1040

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 Barker Bond Bowen Brannon Cobb Coleman Dean Eldridge English Engram Fincher of 52nd

Fincher of 54th Foster Garner Greene Hill Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Stephens Summers Tate Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes Bell Brantley Brown of 47th Coverdell

Evans Gillis Horton Howard Starr

Those not voting were Senators:

Broun of 46th Bryant

Deal Holloway (presiding)

Stumbaugh Sutton Thompson Trulock Tysinger
Hudson

On the passage of the bill, the yeas were 35, nays 16.
The bill, having received the requisite constitutional majority, was passed.
The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
HB 152. By Representatives Irvin of the 10th, Reaves of the 147th, Ralston of the 7th and others: A bill to regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds. Senate Sponsors: Senators McGill of the 24th and English of the 21st.

TUESDAY, FEBRUARY 24, 1981

1041

The Senate Committee on Agriculture offered the following substitute to HB 152:

A BILL
To be entitled an Act to regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds; to provide a short title; to define terms; to state legislative findings; to declare crimes; to require certain records; to provide for seizure and destruction of birds; to provide for regulation of the transfer of birds; to provide for rules, regulations, jurisdiction, and enforcement procedures; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Bird Dealers Licensing Act."
Section 2. Findings. The General Assembly finds that the sale of ex otic and pet birds presents a serious potential hazard to the health of livestock and humans due to the potential of transmission of disease by birds. The General Assembly further finds that regulation of bird dealers is a necessary means of minimizing this hazard.
Section 3. Definitions. The following words shall have the following meanings unless the context clearly indicates otherwise:
(1) "Bird dealer" means any person engaged in the business of deal ing in, purchasing, breeding, or offering for sale (whether at wholesale or retail) any exotic or pet birds or birds customarily kept as pets.
(2) "Department" means the Department of Agriculture.
(3) "Person" means any individual, firm, partnership, corporation, estate, trust, fiduciary, or other group or combination acting as a unit.
Section 4. License required, (a) It shall be unlawful for any person to act as a bird dealer unless such person has a valid bird dealer's license. Acting as a bird dealer without a license in violation of this subsection constitutes a misdemeanor.
(b) The Department of Agriculture shall license bird dealers under the applicable provisions of the "Department of Agriculture Registra tion, License, and Permit Act," approved March 10, 1966 (Ga. Laws 1966, p. 307), as now or hereafter amended.
(c) Bird dealers' licenses shall be issued for a period of one year and shall be annually renewable. The department may establish separate classes of licenses, including wholesale and retail licenses. The depart ment shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct and indirect costs of administering this Act; but the annual cost of a wholesale license shall not exceed $25.00 and the annual cost of a retail license shall not exceed $ 10.00.

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JOURNAL OF THE SENATE

Section 5. Required records, (a) Every bird dealer shall keep records sufficient to identify:
(1) Each exotic or pet bird in his possession or sold by him by species and description;
(2) The name, address, and telephone number of the person from whom each such bird was acquired and, if that person is a licensed bird dealer, then his license number or, if that person is not a licensed dealer, then his driver's license number or social security number or federal tax identification number, if any, or other such identification as may be available;
(31 The name, address, and telephone number of the person to whom each such bird is transferred and, if that person is a licensed bird dealer, then his license number or, if that person is not a licensed bird dealer, then his driver's license number or social security number, if any, or other such identification as may be available; and
(4) Any such bird which the dealer knows to be or have been sick or diseased or to have died.
(b| The department may require periodic reports of any or all of the records required by subsection (a) of this section. The department may require the keeping of additional records; and all required records shall be made available for inspection by the department.
(c) Failure to keep or make available any required records shall be grounds for revocation of a license.
(d) Every bird dealer shall keep all of such records for at least one year.
Section 6. Seizure, quarantine, and destruction of birds. The depart ment may quarantine, seize, and destroy any birds which present a hazard of carrying exotic or untreatable disease as determined by rules and regulations promulgated by the Commissioner of Agriculture. The department shall pay an indemnity to the owner of any seized or destroyed birds from any federal funds made available for that purpose or any state funds hereafter appropriated for that purpose.
Section 7. Regulation by the Department of Human Resources. If the Department of Human Resources elects to regulate the sale or transportation of exotic or pet birds under the authority of Code Section 88-1205, then the Department of Human Resources shall cooperate with the Department of Agriculture in developing and implementing such regulation.
Section 8. Rules and regulations. The Commissioner of Agriculture may make any rules and regulations not inconsistent with this Act gover ning dealing in or transportation of exotic or pet birds.
Section 9. (Reserved]

TUESDAY, FEBRUARY 24, 1981

1043

Section 10. Enforcement procedure, (a) Notwithstanding any other provision of law, whenever it may appear to the Commissioner of Agriculture or his agent, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by any law or regulation governing activities for which a license from the Department of Agriculture is required by this Act, whether or not the person has so registered or obtained such a license or permit, the Commissioner of Agriculture may issue an order, if he deems it to be in the public interest or necessary for the protection of the citizens of this state, prohibiting such person from continuing such act, practice, or transaction or suspending or revoking any such registration, license, or permit held by such person.
(b) In situations where persons otherwise would be entitled to a hearing prior to an order entered pursuant to paragraph (a) of this Section 10, the Commissioner of Agriculture may issue such an order to be effec tive upon a later date without hearing unless a person subject to the order requests a hearing within ten days after receipt of the order. Failure to make the request shall constitute a waiver of any provision of law for a hearing. The order shall contain or shall be accompanied by a notice of opportunity for hearing stating that a hearing must be requested within ten days of receipt of the notice and order. The order and notice shall be served in person by the Commissioner of Agriculture or his agent or by certified mail, return receipt requested. In the case of an in dividual registered with or issued a license or permit by the Department of Agriculture, receipt of the order and notice will be conclusively presumed five days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.
(c) In situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner of Agriculture may issue an order to be effective immediately if the Commissioner or his agent has reasonable cause to believe that an act, practice, or transaction is occur ring or is about to occur; that the situation constitutes a situation of immi nent peril to the public safety or welfare; and that the situation therefore requires emergency action. The emergency order shall contain findings to this effect and reasons for the determination. The order shall contain or be accompanied by a notice of opportunity for hearing which may pro vide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of the receipt of the order and notice. The order and notice shall be served by the Commissioner of Agriculture or his agent or by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Depart ment of Agriculture, receipt of the order and notice will be conclusively presumed five days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.
(d) Any request for hearing made pursuant to paragraphs (b) and (c) of this Section 10 shall specify: (1) in what respects such person is ag grieved, (2) any and all defenses such person intends to assert at the hear ing, (3) affirmation or denial of all the facts and findings alleged in the order, and (4) an address to which any further correspondence or notices

1044

JOURNAL OF THE SENATE

in the proceeding may be mailed. Upon such a request for hearing, the Commissioner of Agriculture shall schedule and hold the hearing, unless postponed by mutual consent, within 30 days after receipt by the Com missioner of Agriculture of the request therefor. The Commissioner of Agriculture shall give the person requesting the hearing notice of the time and place of the hearing by certified mail to the address specified in the request for hearing at least 15 days prior to the time of the hearing.
(e) Except where in conflict with the express provisions of this Sec tion 10 and the reasonable implication of such provisions, the provisions of the 'Georgia Administrative Procedure Act,' as now or hereafter amended, relating to contested cases shall be applicable to the actions of the Commissioner of Agriculture taken pursuant to this Section 10 and to the conduct and judicial review of any hearings held as a result thereof.
(f) The Commissioner of Agriculture may institute suits or other legal proceedings in any superior court of proper venue as may be re quired for the enforcement of any law or regulation governing activities for which registration with or a license or permit from the Department of Agriculture of the State of Georgia is required.
jg) The Commissioner of Agriculture may prosecute an action in any superior court of proper venue to enforce any order made by him pur suant to the provisions of this Section 10.
(h) In cases in which the Commissioner of Agriculture institutes a suit or other legal proceeding or prosecutes an action to enforce his order, the superior court may, among other appropriate relief, issue a temporary restraining order or a preliminary, interlocutory, or perma nent injunction restraining or enjoining persons, and those in active con cert with them, from engaging in any acts, practices, or transactions pro hibited by orders of the Commissioner of Agriculture or any law or regulation governing activities for which registration with or a license or permit from the Department of Agriculture of the State of Georgia is re quired.
Section 11. Nothing in this Act shall be construed to repeal or preempt any laws or parts of laws administered by the Department of Natural Resources except as to the licensing and permitting of Class Aves under subsection (b| of Code Section 45-1102. However, insofar as any authority created by this Act duplicates any other current or future authorities of the Department of Natural Resources with respect to Class Aves, the Department of Agriculture and the Department of Natural Resources shall cooperate in the administration of those duplicated authorities.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, FEBRUARY 24, 1981

1045

Senator English of the 21st offered the following amendment:

Amend the substitute to HB 152 offered by the Senate Committee on Agriculture by adding on Page 1, line 8, after the word and symbol "mat ters;" the following:
''to provide an effective date;'';
and
By renumbering Section 12 as Section 13 on Page 7, line 27, and add ing a new Section 12 on Page 7, after line 26, to read as follows:
"Section 12. 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 35, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 35, 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 Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Cobb Coleman Coverdell Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard
Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie
Reynolds Scott Starr Stumbaugh Summers Tate Thompson Timmons
Trulock Turner Tysinger Walker Wessels

1046

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes

Hill

Sutton

Those not voting were Senators:

Bryant Deal

Holloway (presiding) Hudson

Robinson Stephens

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 122. By Representatives Steinberg of the 46th, Swann of the 90th, Richardson of the 52nd and others: A bill to amend Code Title 88, known as the Georgia Health Code, so as to provide for a new chapter creating a bill of rights for residents of longterm care facilities.
Senate Sponsor: Senator Howard of the 42nd.

Senator Howard of the 42nd offered the following amendment:

Amend HB 122 as follows: On Page 4, lines 19 and 20, delete the following:
"facility in accordance with standards devised by the"
so as to read "prepared by the department."
On Page 5, line 24, add after the word "law" the following: "if the resident does not interfere with the rights of others."
On Page 18, line 13, delete "88-1908(B)(d)" and substitute in lieu thereof "88-1908B(d|."
On Page 19, line 24, delete "88-1912B(a)(4|" and substitute in lieu thereof "88-1914B(a)(3|."
On Page 19, line 29, after the word "giving," delete the word "con tribution" and substitute in lieu thereof the following:
"contributions".

TUESDAY, FEBRUARY 24, 1981

1047

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

Senator Allgood of the 22nd moved that he be excused from voting on HB 122, stating that he had a personal interest in the results.

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on HB 122.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood (excused) Bryant

Holloway (presiding] Thompson

Timmons

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

1048

JOURNAL OF THE SENATE

HB 139. By Representatives Robinson of the 58th, Felton of the 22nd, Logan of the 62nd and others:
A bill to amend Code Chapter 79A-8, the "Georgia Controlled Substances Act", so as to prohibit certain activities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Bryant

Fincher of 52nd Holloway (presiding) Tate

Thompson Trulock Wessels

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Starr of the 44th assumed the Chair.

TUESDAY, FEBRUARY 24, 1981

1049

SR 71. By Senators Reynolds of the 48th, Gillis of the 20th and Broun of the 46th:
A resolution creating the Duplication of State Services 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 Bond Bowen Brannon Broun of 46th Brown of 47th Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Brantley Bryant Cobb

Holloway Howard

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins Starr (presiding)

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, adopted.

SB 213. By Senator Coverdell of the 40th:
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.

1050

JOURNAL OF THE SENATE

The Senate Committee on Public Safety offered the following substitute to SB 213:

A BILL
To be entitled an Act to amend Code Section 27-207, relating to ar rests without warrants, as amended, by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1209|, so as to provide that no law enforcement agen cy of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend suspected felons which is allowed by statutory and case law of this state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-207, relating to arrests without warrants, as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1209), is hereby amended by striking subsection (b) of said Code section, which reads as follows:
"(b) Any rule, regulation or policy of any agency of the State or any ordinance, resolution, rule, regulation or policy of any county, municipality or other political subdivision of the state which is in con flict with the provisions of this Code section or Code section 26-902 shall be null, void and of no force and effect.",
in its entirety and substituting in lieu thereof a new subsection jb) to read as follows:
"(b) No law enforcement agency of this State or of any political subdivision of this State shall adopt or promulgate any rule, regula tion, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by statutory and case law of this State."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 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 Bell Bond

Brannon Brantley Broun of 46th

TUESDAY, FEBRUARY 24, 1981

1051

Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Those not voting were Senators:

Bowen Bryant

Evans Holloway

Robinson Scott Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Starr (presiding) Stumbaugh

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 311. 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Brannon Brantley

Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis Greene

1052

JOURNAL OF THE SENATE

Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton

Those not voting were Senators:

Bowen Bryant

Fincher of 54th Holloway

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins Starr (presiding)

On the passage of the bill, the yeas were 50, nays 0.

The bill having received the requisite constitutional majority, was passed.

HB 395. By Representatives Chambless of the 131st, Hutchinson of the 133rd and McCollum of the 134th:
A bill to amend Code Chapter 34A-9, relating to nomination of can didates for municipal elections, so as to provide that the governing authority of each municipality may choose to pay additional expenses of primaries held by political parties.
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

TUESDAY, FEBRUARY 24, 1981

1053

Reynolds Robinson Scott Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons

Those not voting were Senators:

Broun of 46th Bryant

Hudgins Land

Trulock Turner Tysinger Walker Wessels
Starr (presiding]

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 143. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 88-31, relating to regulation of ambulance services, as amended, so as to provide that counties shall have the primary responsibility for providing ambulance services in the same way as counties currently have the primary responsibility for providing police and fire protection.

The Senate Committee on Human Resources offered the following substitute to SB 143:

A BILL
To be entitled an Act to amend Code Chapter 88-31, relating to the regulation of ambulance services, as amended, so as to provide that counties, by ordinance or resolution, may provide for the assignment of territories to ambulance providers and for the method of distributing emergency calls among such providers; to provide authority for counties and municipalities to charge and collect certain license or registration fees; to revise the provisions relating to participation by ambulance pro viders and the assignment of territories to ambulance providers; to pro vide for other matters relative to the foregoing; to amend an Act amend ing Code Title 88, known as the "Georgia Health Code," as amended, which provided for licensing ambulance services, approved March 31, 1972 (Ga. Laws 1972, p. 625), so as to delete therefrom a provision relating to the authority of municipalities to charge and collect certain fees; 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 88-31, relating to the regulation of am bulance services, as amended, is hereby amended by striking paragraph (4) of subsection (a) of Code Section 88-3100 in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:

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"(4| that, subject to the requirements of this Code Chapter, the ad ministration of an emergency medical systems communications pro gram should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program;"
Section 2. Said Code Chapter is further amended by adding at the end of Code Section 88-3100 a new subsection (c) to read as follows:
"(c) No provision of this Code Chapter shall be construed as pro hibiting a municipality or county from fixing, charging, assessing, or collecting any license fee or registration fee on any business or profes sion covered by this Code Chapter or upon any related profession governed by this Code Chapter or from establishing additional regula tions regarding ambulance service."
Section 3. Said Code Chapter is further amended by striking Code Section 88-3116 in its entirety and substituting in lieu thereof a new Code Section 88-3116 to read as follows:
"88-3116. Assignment of territories; participation by providers, (a) Subject to the limitations of this Code Section the Board of Human Resources shall have the authority on behalf of the State to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSC program for each health district designated by the Department of Human Resources. A county may provide for the assignment of territories within its boundaries to ambulance pro viders and for the method of distributing emergency calls among such providers. A county wishing to exercise the authority granted herein shall adopt an appropriate resolution or ordinance for such purpose. A certified copy of such ordinance or resolution shall be sent to the Board of Human Resources.
(b) The local coordinating entity thus designated shall be responsi ble for recommending to the Board of Human Resources, or its designee, the manner in which the EMSC Program is to be conducted. Such recommendation shall also be made to the governing authority of a county exercising the authority provided by subsection (a) of this Code Section.
(c) In making its recommendations, the local coordinating entity shall give priority to making the EMSC Program function as efficiently and economically as possible.
(d) Each licensed ambulance provider in the health district may apply to participate in the EMSC Program. The application to par ticipate shall be made to the local coordinating entity and, if the pro vider intends to offer ambulance services within a county exercising the authority provided by subsection (a) of this Section, to the govern ing authority of such county. The participation of an ambulance pro vider in the EMSC Program within the territorial boundaries of any such county shall be determined by the governing authority of such county.

TUESDAY, FEBRUARY 24, 1981

1055

(e) The local coordinating entity shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory, and such written description shall be due within ten days of the request by the local coordinating entity.
(f) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the local coordinating entity shall recommend in writing to the governing authority of any county exercising the authority provided by subsec tion (a) of this Code Section and to the Board of Human Resources, or its designee, the territories within the health district to be serviced by the ambulance providers. Such recommendations shall also include the method for distributing emergency calls among the ambulance providers, based on considerations of economy, efficiency and serv ing the public welfare. The recommendations for the health district shall be subdivided into separate recommendations for counties exer cising the authority provided by subsection (a) of this Code Section to show territories and the method for distributing emergency calls within the boundaries of such counties. The final determination of such territories and the method for distributing emergency calls within any such county shall be made by the governing authority of such county. The recommendations of a local coordinating entity shall be made within 30 days after such entity receives the written de scriptions of territory from ambulance providers as provided in subsection (e) of this Code Section. A county governing authority exer cising the authority provided by subsection (a) of this Code Section which receives such recommendations from the local coordinating en tity shall approve or disapprove such recommendations, as applicable to such county, within 45 days after receipt thereof. If the recommen dations of the local coordinating entity are disapproved by such gover ning authority, then, within such 45 day limitation, the county gover ning authority shall adopt its own plan for the designation of ter ritories of ambulances providers and for the distribution of emergen cy calls within the boundaries of the county. If a county governing authority fails to approve or disapprove the recommendations of the local coordinating entity or fails to adopt its own plan, as hereinabove provided, within such 45 day limitation, the recommendations of the local coordinating entity shall stand approved and shall be im plemented by the Board of Human Resources, or its designee, within the boundaries of the county. A county governing authority shall notify, in writing, the Board of Human Resources, or its designee, of the action taken by such governing authority under this subsection.
(g) The recommendation of the local coordinating entity shall be subject to review and modification by the Board of Human Resources, or its designee, but determinations made by a county governing authority under this Code Section may not be modified by the Board or its designee.
(h) The Board of Human Resources, or its designee, is empowered to conduct a hearing into the recommendations made by the local coordinating entity, and such hearing shall be conducted according to the procedures set forth in Section 88-304 of the Georgia Code, as amended.

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(i) The recommendations of the local coordinating entity shall not be modified unless the Board of Human Resources, or its designee, shall conduct a hearing.
(j) A decision made by the Board of Human Resources, or its des ignee, in administering the EMSC Program provided for by this Code Chapter shall be final and conclusive, except that the Board's decision may be appealed pursuant to Section 88-305 of the Georgia Code.
(k) The local coordinating entity shall begin administering the EMSC Program upon approval of the Board of Human Resources, or its designee."
Section 4. An Act to amend Code Title 88, known as the "Georgia Health Code," as amended, so as to provide for licensing ambulance ser vices, approved March 31, 1972 (Ga. Laws 1972, p. 625), is hereby amended by striking Section 2, which reads as follows:
"Section 2. No provision of this Act shall be construed as pro hibiting or preventing a municipality from fixing, charging, assessing or collecting any license fee or registration fee on any business or pro fession covered by this Act, or upon any related profession or any one engaged in any related profession governed by the provision of this Act, or from establishing additional regulations regarding ambulance service.",
in its entirety.
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 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Bell Bond Brantley

Brown of 47th Coleman Coverdell
Deal Dean Eldridge

English Engram Evans
Fincher of 52nd Fincher of 54th Foster

Gillis Holloway Horton Howard Hudson Kennedy Kidd Land

TUESDAY, FEBRUARY 24, 1981

1057

Lester Littlefield McGill McKenzie Reynolds Scott Stephens Stumbaugh

Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Brannon Cobb

Garner Greene Hill

Robinson Thompson

Those not voting were Senators:

Bowen Broun of 46th

Bryant Hudgins

Starr (presiding) Timmons

On the passage of the bill, the yeas were 42, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th, who was presiding, announced that the Senate would stand in recess from 12:40 o'clock P.M. until 2:15 o'clock P.M.
At 2:15 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.
The following general bill of the Senate, having been read the third time on February 16 and postponed until February 19, and postponed on February 19 until February 23, was put upon its passage:
SB 31. By Senator Evans of the 3 7th: A bill to authorize the governing authorities of counties to grant franchise licenses for the operation of cable television systems within their ter ritorial limits; to provide for fees; to prohibit county franchise licenses and fees within municipalities.

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Senator Wessels of the 2nd offered the following amendment:

Amend SB 31 by adding on Page 2, line 3, a new sentence to read as follows:
"No county may grant an exclusive franchise under the terms of this Act."

Senator Wessels of the 2nd asked unanimous consent to withdraw the amend ment to SB 31; the consent was granted, and the amendment offered by Senator Wessels of the 2nd was withdrawn.

Senator Sutton of the 9th offered the following amendment:

Amend SB 31 by adding on Page 2 a new Section 4 to read as follows:
"Section 4. A city shall neither issue a franchise license nor collect a franchise fee for the operation of cable television systems outside the corporate limits.",
and by renumbering Sections 4 and 5 as Sections 6 and 7.

Senator Sutton of the 9th asked unanimous consent to withdraw the amend ment to SB 31; the consent was granted, and the amendment offered by Senator Sut ton of the 9th was withdrawn.

Senators Evans of the 37th, Wessels of the 2nd and Ballard of the 45th offered the following substitute to SB 31:

A BILL
To be entitled an Act to authorize the governing authorities of coun ties to grant nonexclusive franchises for the operation of cable television systems within the unincorporated area of the county; to provide for fees; to prohibit county franchises and fees within municipalities and municipal franchises and fees within unincorporated areas; to provide for construction; to provide for a definition; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Unless the context otherwise clearly requires, as used in this Act "cable television system" means a nonbroadcast facility con sisting of a set of transmission paths and associated generation, recep tion, and control equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations.

TUESDAY, FEBRUARY 24, 1981

1059

Section 2. The governing authority of each county in this state is authorized to grant nonexclusive franchises for the operation of cable television systems within the territorial limits of that county. The govern ing authority of each such county, in connection with the grant of such franchises, is further authorized to charge franchise fees to cable televi sion systems for the maintenance and operation of the wire or cable used by these systems over or beneath any of the public lands, highways, roads, or waters of the state lying within the territorial limits of that county. Cable television system franchise fees shall not exceed those authorized under applicable federal law and regulations on the effective date of this Act.
Section 3. A county shall neither grant a franchise nor collect a fran chise fee for the operation of cable television systems within the cor porate limits of any municipality except by agreement with the municipality. A municipality shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the unincorporated area of a county except by agreement with the county.
Section 4. Nothing in this Act shall be construed to impair any cable television system franchise license lawfully issued by a county or municipality prior to the effective date of this Act.
Section 5. This Act shall not apply to any cable television system owned or operated by a city, county, or school system.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to SB 31 offered by Senators Evans of the 37th, Wessels of the 2nd and Ballard of the 45th by adding after the word "grant" on Page 1, line 19, the words
"one or more"
and
by adding after the word "grant" on Page 1, line 2, the words
"one or more".

On the adoption of the amendment, the yeas were 29, nays 9, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 28, nays 2, and the substitute was adopted as amended.

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Senator Howard of the 42nd moved that he be excused from voting on SB 31, stating that he had a personal interest in the results.

On the motion, the yeas were 31, nays 2; the motion prevailed, and Senator Howard of the 42nd was excused from voting on SB 31.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Foster Gillis Greene Horton Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McKenzie Reynolds Scott Starr Stephens Sutton Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Brannon Cobb Fincher of 54th

Garner Hill McGill

Those not voting were Senators:

Allgood Bowen Bryant

Holloway (presiding) Howard (excused) Robinson

Summers Thompson
Stumbaugh Tate

On the passage of the bill, the yeas were 40, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 24, 1981

1061

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 16. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to amend an Act creating the Constitutional Amendments Publica tion Board, so as to provide for certain additional duties and respon sibilities of the Board and the Secretary of State.
Senate Sponsors: Senators Starr of the 44th and 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:

Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Those not voting were Senators:

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Sutton Thompson Trulock Turner Tysinger Walker Wessels

Allgood Bryant Holloway (presiding)

Robinson Summers

Tate Timmons

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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SR 11. By Senators Lester of the 23rd, Turner of the 8th, Holloway of the 12th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the levying and collection of ad valorem taxes on intangible personal proper ty; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
' 'The levying and collection of ad valorem taxes on intangible per sonal property in this state is prohibited."
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 prohibit the [ ] NO levying and collection of ad valorem taxes on intangible personal property?''

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SR 11:

A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the levying and collection of ad valorem taxes on intangible personal proper ty owned by natural persons; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 24, 1981

1063

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:

"The levying and collection of ad valorem taxes on intangible per sonal property owned by natural persons is prohibited."

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 [ ] NO

Shall the Constitution be amended so as to prohibit the levying and collection of ad valorem taxes on intangible personal property owned by natural persons?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Evans of the 37th offered the following amendment:

Amend the substitute to SR 11 offered by the Senate Committee on Banking, Finance and Insurance by inserting on line 11 of Page 1 after the word "property", and on line 21 after the word "property", and on line 3 after the word "property", the following:
", the net fair market value of which is less than $25,000,".

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 Bond Brown of 47th
Deal Eldridge

Evans Greene Horton
Howard Hudgins

Those voting in the negative were Senators:

Allgood Barker Barnes

Bell Bowen Brannon

Land Scott Sutton Trulock
Brantley Broun of 46th Cobb

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Coverdell
Dean English Engram Fincher of 52nd Fincher of 54th Foster
Garner Gillis Hill

Hudson
Kennedy Kidd Lester Littlefield McGill McKenzie
Reynolds Starr

Stephens
Stumbaugh Summers Thompson Timmons Turner Tysinger
Walker Wessels

Those not voting were Senators:

Bryant Coleman

Holloway (presiding)

Tate

Robinson

On the adoption of the amendment, the yeas were 14, nays 37, and the amend ment offered by Senator Evans of the 37th to the committee substitute was lost.

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 resolu tion by substitute, was agreed to.

On 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 Barker Barnes
Bell Bowen Brannon Brantley Broun of 46th Cobb Coverdell Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster
Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie
Reynolds Starr Stumbaugh Summers Thompson Timmons Trulock Turner Tysinger Walker Wessels

TUESDAY, FEBRUARY 24, 1981

1065

Those voting in the negative were Senators:

Ballard Bond Brown of 47th

Evans Scott

Those not voting were Senators:

Bryant Coleman

Holloway (presiding) Robinson

Stephens Sutton
Tate

On the adoption of the resolution, the yeas were 44, nays 7.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.

SB 348. By Senator Littlefield of the 6th:
A bill to amend Code Section 45-812, relating to prohibited methods of taking fish, crustaceans, or mollusks in salt water, as amended, so as to make unlawful the placing, depositing, distributing, or scattering of bait on waters of this state for the purpose of attracting shrimp.

Senator Brantley of the 56th offered the following amendment:

Amend SB 348 by inserting on line 21, Page 1, after the word "to" the word "knowingly"
and
by deleting on line 23, Page 1, the words "have been" and insert the word "are".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard

Barker Barnes

Bell Bond

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Bowen Brannon Brantley Brown of 47th Cobb Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kidd Land Lester Littlefield

McGill McKenzie Reynolds Scott Stephens Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Coleman

Kennedy

Wessels

Those not voting were Senators:

Broun of 46th Bryant Holloway (presiding)

Robinson Starr

Stumbaugh Tate

On the passage of the bill, the yeas were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 183. By Senators Wessels of the 2nd, Allgood of the 22nd and Lester of the 23rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for the licensing and regulation of industrial insurance and all related matters.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 183:

A BILL
To be entitled an Act to amend Code Title 56, relating to insurance, as amended, so as to provide for the licensing and regulation of industrial insurance and all related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 24, 1981

1067

Section 1. Code Title 56, relating to insurance, as amended, is hereby amended by striking Code Chapter 56-29, relating to industrial life insurance, in its entirety and inserting in lieu thereof a new Code chapter to read as follows:
"CHAPTER 56-29 INDUSTRIAL LIFE INSURANCE
56-2901. Contract of industrial life insurance defined. A contract of industrial life insurance is that form of insurance under which not more than $2,000.00 on a single life, exclusive of additional benefits in the event of death from accidental means, may be issued and payable on any and all such policies, for which premiums are payable monthly or more frequently, and which bears the words 'industrial policy' or 'weekly premium policy' or words of similar import im printed on the face of the policy as a part of the descriptive matter.
56-2902. Industrial insurance policies; standard provisions re quired, (a) No policy of industrial life insurance shall be delivered or issued for delivery in this state unless it contains in substance the following provisions or contains provisions which in the opinion of the Commissioner are more favorable to policyholders:
(1) Grace period. A provision that the insured is entitled to a grace period of not less than 30 days within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in force; but, if a claim arises under the policy during such period of grace, the amount of any premium due or overdue may be deducted from any amount payable under the policy in settlement;
(2) Incontestability. A provision that the policy (exclusive of provi sions relating to disability benefits or to additional benefits in the event of death by accident or accidental means) shall be incontestable, except for nonpayment of premiums, after it has been in force during the lifetime of the insured for a period of two years from its date of issue;
(3) Alteration of contract. A provision that no agent shall have the power or authority to waive, change, or alter any of the terms or con ditions of any policy, except that at the option of the insurer, prior to the issuance of a policy, the terms or conditions may be changed by an endorsement or rider which is signed by a duly authorized officer of the insurer and receipt of which is acknowledged by the applicant in writing;
(4) Misstatement of age. A provision that, if the age of the person insured or of any other person whose age is considered in determining the premium or benefit has been misstated, any amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age or ages.

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(5) Dividends. A provision in participating policies that beginning not later than the end of the third policy year, the insurer shall annual ly ascertain and apportion the divisible surplus, if any, that will ac crue on the policy anniversary or other dividend date specified in the policy. Except as hereinafter provided, any dividend becoming payable shall at the option of the party entitled to elect such option be either:
(A) Payable in cash; or
(B) Applied to any one of such other dividend options as may be provided by the policy. If any such other dividend options are provid ed, the policy shall further state which option shall be automatically effective if such party shall not have elected some other option. If a policy specifies a period within which such other option may be elected, such period shall be not less than 30 days following the date on which such dividend is due and payable. The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subparagraph (A) above even though the policy provides that pay ment of such dividend is to be deferred for a specified period, provid ed such period does not exceed six years from the date of apportion ment and that interest will be added to such dividend at a specified rate. If a participating policy provides that the benefit under any paidup nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the in surance is in force under such nonforfeiture provision shall be applied in the manner set forth in the policy;
(6) Policy loan. A provision that after three full years' premiums have been paid and after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will loan on the execution of a proper note or loan agree ment by the owner of the policy, and on proper assignment of the policy and on the sole security thereof, at a specified rate of interest, a sum equal to or, at the option of the owner of the policy, less than the cash value of the policy at the end of the current policy year and of any dividend additions thereto; and that the company may deduct from such loan value or from the proceeds of the loan any existing in debtedness on or secured by the policy not already deducted in deter mining such cash value including interest due or accrued and any un paid balance of the premium for the current policy year, and may col lect interest in advance of the loan to the end of the current policy year. The policy shall reserve to the insurer the right to defer the granting of a loan, other than for the payment of any premium to the insurer, for six months after the application therefor. The policy may also provide that if interest on any indebtedness is not paid when due it shall then be added to the existing indebtedness and shall bear in terest at the same rate. The policy may provide that if and when the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value thereof, then the policy shall terminate and become void, but not until at least 30 days' notice shall have been mailed by the insurer to the last known address of the insured or policy owner and of any assignee of record at the home office of the insurer. The policy, at the insurer's option, may

TUESDAY, FEBRUARY 24, 1981

1069

provide for an automatic premium loan, subject to an election of the party entitled to elect. No condition other than as herein provided shall be exacted as a prerequisite to any such loan. This paragraph shall not apply to term insurance or to term insurance benefits provid ed by rider or supplemental policy provisions or to any policy with a loan value of less than $25.00;
(7) Tables of options and values. A statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up nonforfeiture benefits available under the policy, together with a table showing the cash surrender value, if any, reduced paidup value if any, and the extended term value, if any, available under the policy on each policy anniversary, either during the first 20 policy years or during the term of the policy, whichever is shorter. Upon written request, the company will furnish an extension of such table beyond the year shown in the policy. Such values and benefits shall be calculated upon the assumption that there are no dividends or paid-up additions credited to the policy and that there is no in debtedness to the insurer on the policy;
(8) Reinstatement. A provision that unless the policy has been sur rendered for its cash surrender value or its cash surrender value has been exhausted, or unless the paid-up term insurance, if any, has ex pired, the policy will be reinstated at any time within three years from the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all premiums in arrears, and the payment or reinstate ment of any other indebtedness to the insurer upon the policy. All such sums may bear interest not exceeding 6 percent per annum com pounded annually; provided, however, acceptance of all or any part of a premium more than 30 days in arrears by the agent or company without requiring reinstatement application shall continue the policy in force without showing any lapse of time;
(9) Title. On each such policy there shall be placed a title which shall briefly and accurately describe the nature and form of the policy;
(10) Payment of premiums.
(A) A provision that all premiums shall be payable in advance either at the home or district office or to any agent of the company upon delivery of a receipt signed by said agent. Such receipt shall bear the agent's license number and signature of one or more of the of ficers who shall be named in the policy.
(B) In the case of weekly premium policies, there shall be a provi sion that upon proper notice to the insurer, while premiums on the policy are not in default beyond the grace period, of the intention to pay future premiums directly to the insurer at its home office or any office designated by the insurer for the purpose, the insurer will, at the end of a period of 26 weeks from the due date of the first premium so paid and for any additional weekly premium payment thereafter, for which period such premiums are so paid continuously without default beyond the grace period, refund a stated percentage of the premiums in an amount which fairly represents the savings in collec tion expense.

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(11) Payment of claims. A provision that, when a policy shall become a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and, at the insurer's option, sur render of the policy or proof of the interest of the claimant or both. If an insurer shall specify a particular period prior to the expiration of which settlement shall be made, such period shall not exceed two months from the receipt of such proofs;
(12) Entire contract. A provision that, if any reference is made to the application for insurance or to the constitution, bylaws, or rules of the insurer as forming part of or affecting the policy between the par ties, then there shall be included in or attached to said policy when issued a correct copy of the application signed by the applicant and the constitution, bylaws, and rules referred to. All statements made by the applicant in the application shall be deemed to be representa tions and not warranties. No statement in the application shall be used to void the policy or deny payment of a claim unless a copy of such application has been attached to and made a part of such policy when issued;
(13) Conversion privilege. A provision that upon written request and without evidence of insurability (except for any additional amount of insurance) an industrial life policyholder is guaranteed the privilege of converting any industrial insurance policy to any form of ordinary life insurance with less frequent premium payments regular ly issued by the insurer and the privilege of converting small in dustrial policies with the same insurer into one larger policy with combined benefits;
(14) Space for name of designated beneficiary. There shall be a space on the front or back page of the policy for the name of the designated beneficiary.
(b) An exact copy of the application shall be given to the applicant at the time of the sale which discloses and contains the following in formation and language:
(1) An itemized list of all policies presently in force with all in surers, showing company name(s), premiums charged, amounts of in surance, total premiums, and total amounts of insurance provided;
(2) The premium cost of the insurance policy purchased;
(3) The premium cost for each optional additional benefit, if any, shall be shown separately and conspicuously apart from the premium charge for the basic natural death benefit;
(4) The following statements shall appear on the applicant's copy in not less than ten point type:
(A) 'You may wish to compare the total cost of this insurance policy with your net income.'

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(B) 'I hereby certify, as signed below, that I was given an exact copy of this application at the time this application was made to the agent of record whose signature appears below.

Applicant's Signature
(C) 'I, as the agent of record, hereby certify as signed below, that I gave the applicant, whose signature appears above, an exact copy of this application at the time this application was taken. I further certify that I have inquired of the applicant as to all policies in force and that I have listed all such policies on said application.

Agent's Signature

Agent's License Number
(c) Any of such required provisions or portions thereof not ap plicable to single premium or term policies or to provisions relating to disability benefits or to additional benefits in the event of death or dismemberment by accidental means shall to that extent not be incor porated therein.
56-2903. Prohibited provisions. No policy of industrial life in surance shall contain any of the following provisions:
(1) A provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other in surance from the same insurer.
(2) A provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical, or surgical treatment or attention. However, a policy may contain a provision which gives the insurer the right to declare the policy void if the insured has, within two years priflr to the issuance of the policy, received institutional, hospital, medical, or surgical treatment or attention and the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk. The policy may also contain a provision that the policy shall not become effective if on the date of the application for the policy the in sured had knowledge that he was afflicted with any serious disease tending to shorten life, which fact was not shown on the application for the policy.
(3) A provision giving the insurer the right to declare the policy void because the insured has been rejected for insurance, unless such right be conditioned upon a showing by the insurer that knowledge of such rejection would have led to a refusal by the insurer to make such contract.

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56-2904. Provisions of life insurance chapter applicable. In addi tion to the requirements specifically set forth in this Code chapter, no policy of industrial life insurance shall be delivered or issued for delivery in this state unless it complies with Code Sections 56-2503.1, 56-2504, 56-2507, 56-2508, 56-2509, and 56-2510.
56-2905. Optional additional benefits. Any policy of industrial life insurance may provide a weekly benefit for disability, caused by sickness or accident, not greater than $40.00 per week.
56-2906. Exemption of industrial life insurance proceeds from creditors. The proceeds and avails of any industrial life insurance policy shall be free from the claims of creditors and representatives of the insured and of persons effecting the same to the same extent and under the same conditions as provided for in the case of other life in surance policies under Code Section 56-2505.
56-2907. Refund upon examination. Every industrial life policy or contract, issued for delivery in this state shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. If the purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office or to the agent through whom it was pur chased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by at least first class mail to the insurer or agent, as provided above, and a receipt provided by the United States Postal Service is obtained."
Section 2. Code Section 56-2502, relating to insurance policies con taining the entire contract, is hereby amended by striking the words:
"and industrial life insurance policies",
so that when so amended said Code section shall read as follows:
"56-2502. Policies to contain the entire contract. --Except for group life insurance policies all life insurance policies which contain any reference to the application for insurance, or to the constitution, bylaws, or other rules of the insurer as forming part of or as affecting the contract between the parties shall include or have attached to said policy a correct copy of the application signed by the applicant and of the constitution, by laws, and rules referred to. Unless included in or attached to the policy, no such application, constitution, bylaws or rules shall be considered a part of the contract or as an independent contract, nor shall it be received in evidence either as part of or as af fecting the contract or as an independent contract in any controversy between the parties to or interested in the policy. This section shall not apply to applications for reinstatement."

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1073

Section 3. Code Section 56-2504, relating to life insurance non forfeiture provisions, as amended, is hereby amended by striking from paragraph (b) of subsection (1) the words "in the case of ordinary in surance or five full years in the case of industrial insurance", so that when so amended said paragraph (b) of subsection (1) shall read as follows:
"(b) That, upon surrender of the policy within sixty (60) days after the due date of any premium payment in default after premiums have been paid for at least three full years the insurer will pay, in lieu of any paid-up nonforfeiture benefit, a cash surrender value of such amount as may be hereinafter specified;".
Section 4. Said Code Section 56-2504 is further amended by striking from paragraph (d) of subsection (1) the words "in the case of ordinary insurance or the fifth policy anniversary in the case of industrial in surance", so that when so amended said paragraph jd) of subsection (1) shall read as follows:
"(d) That, if the policy shall have become paid-up by completion of all premium payments or if it is continued under any paid-up non forfeiture benefit which became effective on or after the third policy anniversary the insurer will pay, upon surrender of the policy within thirty (30) days after any policy anniversary, a cash surrender value of such amount as may be hereinafter specified;''.
Section 5. This Act shall become effective January 1, 1982, and shall apply to all policies and contracts of industrial life insurance issued or entered into on and after January 1, 1982; except that the Insurance Com missioner may adopt rules and regulations and take other administrative actions necessary or proper for the implementation of this Act at any time after it is approved by the Governor or otherwise becomes 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 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes

Bell Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Cobb

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Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis

JOURNAL OF THE SENATE

Greene Hill Horton Howard Hudgins Hudson
Kennedy Kidd Lancl Lester
Littlefield McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh
Summers Thompson Turner Tysinger
Walker Wessels

Those not voting were Senators:

Bryant Fincher of 52nd Holloway (presiding)

Robinson Sutton Tate

Timmons Trulock

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 Gillis of the 20th assumed the Chair.

HB 79. By Representatives Buck of the 95th, Smyre of the 92nd, Thomas of the 66th and others:
A bill to provide for the distribution of malt beverages.
Senate Sponsors: Senators Hill of the 29th and Cobb of the 28th.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 79:
A BILL
To be entitled an Act to provide for the distribution of malt beverages; to provide a short title; to provide definitions; to provide for purposes and policies; to provide for designated territories; to provide for limitations on business interests; to prohibit certain conduct; to provide for arbitration; to provide for remedies; to provide for applicability; 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:

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1075

Section 1. Short title. This Act shall be known and may be cited as the "Georgia Malt Beverage Distribution Act."
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the term:
(1) "Agreement" shall mean a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration between a brewer and a malt beverage wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewer's brands of malt beverage.
(2) "Brewer" shall mean corporations or persons who manufacture malt beverages.
(3) "Broker" shall mean any corporation or person who purchases or obtains malt beverages from an importer or brewer and sells such malt beverages to another broker, importer, or wholesaler without having custody of such malt beverages or without maintaining a stock of such malt beverages.
(4) "Commissioner" shall mean the revenue commissioner for the State of Georgia.
(5) "Importer" shall mean any corporation or person who imports malt beverages into this state from a foreign country; who sells such malt beverages to other importers, brokers, or wholesalers; and who main tains a stock of such beverages.
(6) "Malt beverages" shall mean fermented beverages made in whole or in part from malt or any similar fermented beverage.
(7) "Retailer" or "retailer dealer" shall mean any person or corpora tion other than a wholesale dealer, brewer, broker, or importer who sells malt beverages to the general public at retail irrespective of the quan tities sold.
(8) "Wholesaler" or "wholesale dealer" shall mean any person or corporation other than a brewer, broker, or importer who sells malt beverages to retail dealers for the purpose of resale only.
Section 3. Purposes and policies, (a) This Act is promulgated pur suant to the authority granted to the state under the provisions of the Twenty-First Amendment to the United States Constitution and specifically for the following purposes and policies:
(1) To prohibit unfair business practices and to prevent any one seg ment of the malt beverage industry to gain unfair advantage over the other segments;
(2) To foster vigorous and healthy interbrand competition in the malt beverage industry;
(3) To provide an orderly three-tier system for the distribution and sale of good quality malt beverages in the State of Georgia;

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(4) To promote the public health, safety, and welfare of the people of the State of Georgia;
(5) To provide a distribution system for malt beverages that will facilitate the collection and accountability of state and local malt beverages excise taxes by authorized and designated sales territory.
(b) The provisions of this Act may not be varied by separate agree ment and any such attempt shall be void and unenforceable as being violative of the public policy of this state.
(c) The commissioner shall have the authority to promulgate such regulations as are necessary to enforce the provisions and stated policies of this Act.
Section 4. Designation of sales territories, (a) Every brewer, broker, or importer shipping malt beverages into this state shall submit by ap plication to the commissioner one label for each brand of malt beverage to be shipped for the first time into the state. The application shall designate one licensed wholesaler for each sales territory who shall be the exclusive distributor of such brand within such geographic area within the State of Georgia subject to the following conditions:
(1) The wholesaler shall promote the sale of its assigned brands and shall sell to all licensed retailers located within its designated sales ter ritory.
(2) The wholesaler shall remit all excise taxes and sales reports as re quired by law to the State Revenue Department and to all municipalities and counties within its designated sales territory. The wholesaler shall maintain accurate records of the sales of its assigned brands in its designated territory. These records shall be subject to audit and review by the Department of Revenue to insure that all excise taxes arising from the sale of such brands are remitted to the state and to all counties and municipalities within its designated sales territory.
(3) Provided, however, in the event a wholesaler does not desire to distribute a certain brand from a brewer, broker or importer from whom he is distributing other brands, said brewer, broker or importer shall be permitted to utilize the services of another wholesaler in the same ter ritory for such distribution.
(4) The wholesaler shall abide by all state and federal laws and regulations and comply with all ordinances applying to malt beverage sales enacted by local governments located within its designated sales territory.
(b| The commissioner shall maintain records of all assigned brands and designated sales territories and shall take such action as is necessary to maintain the integrity of these designations and to prohibit two or more wholesalers from marketing the same brand in a single designated sales territory.

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1077

(c) The assignment of a particular brand to one wholesaler for a designated geographic sales territory shall not be changed except upon application to the commissioner by the brewer, broker, or importer with written notice to the original wholesaler. The original designated wholesaler shall have 30 days within which to file a written objection to the commissioner who shall conduct a hearing to determine if there ex ists good cause for approving the requested change of wholesalers. In making such determination the commissioner shall consider the follow ing:
(1) A wholesaler's bankruptcy or serious financial instability, in cluding its failure to consistently pay its debts when due, or to maintain reasonable capitalization standards which prevents the commercial distribution of the brand in the sales territory;
(2) A wholesaler's repeated violations of federal, state or local law or regulations;
(3) A wholesaler's failure to maintain a sales volume of the brand reasonably consistent with the sales volumes of the other similar wholesalers of that brand;
(4) Any other factors and business reasons which the commissioner deems to be material and relevant in considering the equities of all par ties affected by a proposed change.
jd) The commissioner shall prescribe by regulation procedures to be followed in considering a requested change of wholesalers.
(e) Each territorial designation on file with the State Revenue Depart ment as of the effective date of this Act shall stand approved under the terms of this Act.
(f) Designation of sales territories made under any previously ex isting statute or regulation shall not be amended, altered, nor changed ex cept in conformance with the substantive and procedural requirements of this Act and regulations promulgated hereunder.
Section 5. Limitation upon interest. No licensed registered brewer, broker, or importer authorized to do business in this state nor any of his employees or members of such brewer's, broker's, or importer's im mediate family shall have, own, or enjoy ownership interest in or part nership arrangement with the business of any wholesaler or retailer licensee. Cooperative advertising and incentive programs shall not be deemed to constitute a partnership arrangement.
Section 6. Prohibited brewer, broker, or importer conduct. No brewer, broker, or importer shall:
(1) Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage which has not been ordered or agreed upon by the wholesaler, provided that recommendation, endorse ment, exposition, persuasion, or argument shall not be deemed to con stitute inducements, coercion, or requirements prohibited by this sec tion.

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(2) Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement limiting the wholesaler's right to sell the produce of any other brewer, broker, or im porter.
(3) Fix or maintain the price at which a wholesaler may resell beer, whether by the terms or requirements imposed on the wholesaler under an agreement or otherwise.
(4) Require or prohibit any change in the management or supervisory employees of a wholesaler unless the current or proposed employees fail to meet essential, reasonably, and nondiscriminatory requirements.
Section 7. Arbitration. Any dispute which arises under the provi sions of Section 6 of this Act between the brewer, importer, or broker, and the wholesaler, may by mutual agreement of the parties be submit ted to a neutral arbitrator to be selected by the parties. The arbitrator shall conduct an investigation into the dispute and abide by the rules of the American Arbitration Association in making a decision which shall be final and binding on all parties to the dispute. The costs incurred in such arbitration shall be paid one-half by the brewer, importer, or broker and one-half by the wholesaler.
Section 8. Direct sales prohibited. No brewer, broker, or importer shall sell directly to a retailer.
Section 9. Judicial remedies; venue, (a) If a brewer, broker, or im porter, or wholesaler fails to comply with Section 6 of this Act or other wise engages in conduct prohibited under this Act, the party affected by such action or inaction may maintain a civil action for damages and to en force those rights and remedies provided in this Act and to seek such equitable relief as the court may deem appropriate.
(b) Venue in judicial proceedings under this Act shall be determined in accordance with the pertinent constitutional and statutory provisions of this state now or hereafter in effect.
(c) Nothing contained in this section shall be construed to limit any party's right to any judicial remedy otherwise provided by law.
Section 10. Coverages and effective date. This Act shall cover agreements in existence on the date of the enactment of this Act and shall apply to designations previously made under then applicable statutes or regulations.
Section 11. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged in valid or unconstitutional.

TUESDAY, FEBRUARY 24, 1981

1079

Section 12. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.
Section 13. Repealer. 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 HB 79 offered by the Senate Committee on Industry, Labor and Tourism by designating Sections 10, 11, 12, and 13 as Sections 11, 12, 13, and 14 respectively,
and
by adding between lines 23 and 24 of Page 7 the following:
"Section 10. Applicability; rules and regulations, (a) The provi sions of 5, 6, 7, 8 and 9 of this Act shall apply solely to corporations or persons who manufacture malt beverages exclusively in states other than Georgia.
(b) The Commissioner shall promulgate rules and regulations ap plicable to corporations and/or persons who manufacture malt b9e."verages in Georgia in those areas provided for in Sections 5, 6, 7, 8,
and
by adding on line 7 of Page 1 after the following:
"applicability",
the following:
"to provide certain exceptions; to provide for certain rules and regulations."

On the adoption of the amendment, the yeas were 10, nays 32, and the amend ment offered by Senator Sutton of the 9th to the committee substitute was lost.

Senators Barker of the 18th and Holloway of the 12th offered the following substitute to HB 79:

A BILL
To be entitled an Act to amend Code Title 5A, known as the ' 'Georgia Alcoholic Beverages Code," as amended, so as to provide for purposes and policies; to provide for designated territories; to provide for

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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 5A, known as the "Georgia Alcoholic Beverages Code," as amended, is hereby amended by adding a new Code Section 5A-316 to read as follows:
"5A-316. Purposes and policies; shipments without license, pro hibited; additional information required, (a) This Code section is promulgated pursuant to the authority granted to the state under the provisions of the twenty-first amendment to the United States Con stitution and specifically for the following purposes and policies:
(1) To prohibit unfair business practices and to prevent any one segment of the alcoholic beverage industry to gain unfair advantage over the other segments;
(2) To foster vigorous and healthy interbrand competition in the alcoholic beverage industry;
(3) To provide an orderly three-tier system for the distribution and sale of alcoholic beverages in the State of Georgia;
(4) To promote the public health, safety, and welfare of the people of the State of Georgia;
(5) To provide a distribution system for alcoholic beverages that will facilitate the collection and accountability of state and local alcoholic beverage taxes by authorized and designated sales territory;
(6) To assure that the sale and distribution of all alcoholic beverages in this state shall be on a strictly local option basis.
(b) The commissioner shall have the authority to promulgate such regulations as are necessary to enforce the provisions and stated policies of this Code section.
(c) No manufacturer, importer, broker or shipper shall be permit ted to ship alcoholic beverages into the state without first obtaining a proper license from the commissioner in the manner provided in this Code title.
(d) In addition to any other requirements of this Code title and such other documentation required by the commissioner pursuant to this Code title, each shipper shall:
(1) Submit with his application one label for each brand of alcoholic beverages to be shipped for the first time by the shipper into the state.
(2) Designate in the application for registration sales territories for each of its brands sold in Georgia.

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1081

(3) Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory.
(e) Designations of wholesalers or wholesalers' territories as pro vided in this Code section shall be initially approved by the commis sioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective on July 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute to HB 79 offered by the Senate Committee on Industry, Labor and Tourism, 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 Ballard Barnes
Bell Brannon Brantley
Broun of 46th Brown of 47th
CoDD Coleman
Deal Dean English Engram

Fincher of 52nd Fincher of 54th Foster
Garner Greene Hill
Horton Howard
Hudgins Kennedy
Kidd Land Lester Littlefield

McGill McKenzie Reynolds
Scott Starr Stephens
Stumbaugh Thompson
Timmons Turner
Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Bond Bowen Coverdell

Eldridge Evans Holloway Hudson

Summers Sutton Trulock

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Those not voting were Senators:

Bryant

Robinson

Tate

Gillis (presiding)

On the adoption of the substitute, the yeas were 41, nays 11, and the committee substitute was adopted.

Senator Gillis of the 20th, who was presiding, ruled that since the substitute of fered by the Senate Committee on Industry,Labor and Tourism was adopted, the substitute offered by Senators Barker of the 18th and Holloway of the 12th became moot.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Garner Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

Those voting in the negative were Senators:

Barker Bond Bowen Coverdell

Evans Foster Holloway

Those not voting were Senators:

Bryant Gillis (president)

Robinson

On the passage of the bill, the yeas were 42, nays 10.

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Thompson Timmons Turner Tysinger Walker Wessels
Hudson Sutton Trulock
Tate

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1083

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that HB 79 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 79 was immediately transmitted to the House.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 184. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 66-4, relating to injuries to railroad employees, so as to provide for venue of actions by employees of railroads under the Federal Employers Liability Act; to repeal Code Sec tion 94-1101 relating to venue and process in actions against railroad and electric companies.

The Senate Committee on Judiciary offered the following substitute to SB 184:

A BILL
To be entitled an Act to amend Code Section 94-1101, relating to venue and process in actions against railroad and electric companies, so as to exclude electric companies from said Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 94-1101, relating to venue and process in ac tions against railroad and electric companies, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 94-1101 to read as follows:
"94-1101. Venue; process. All railroad companies shall be sued by anyone whose person or property has been injured by such railroad company, its officers, agents, or employees, for the purpose of recovering damages for such injuries, in the county in which the cause of action originated; and suits on all contracts shall be brought in the county in which the contract in question is made or is to be per formed. Any judgment rendered in any county other than the one herein designated shall be utterly void. If the cause of action shall arise in a county where the railroad company liable to suit has no agent, service may be perfected by the issuance of a second original to be served upon said company in the county of its principal office and place of business, if in this state, and, if not, upon any agent of such company; or suit may be brought in the county of the residence of such company. Whenever any railroad company incorporated under

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the laws of this state, in violation of the provisions of Article III, Sec tion VIII, Paragraph VIII of the Constitution of this state, shall have acquired by purchase, lease, or otherwise the ownership or control of the line of railroad of a competing railroad company in this state, the venue of a suit brought against said railroad company for the purpose of setting aside and having annulled such unlawful act of acquisition shall be in any county through which may run the line of railroad."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Starr Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Brantley Bryant Holloway (presiding)

Land Robinson Scott

On the passage of the bill, the yeas were 47, nays 1.

Stephens Tate

TUESDAY, FEBRUARY 24, 1981

1085

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 287. By Senators Lester of the 23rd, Turner of the 8th and Gillis of the 20th:
A bill to amend Code Chapter 91A-45, relating to sales and use taxation, so as to specify a bracket system for the collection of state and local sales and use taxes.

Senator Lester of the 23rd moved that SB 287 be committed to the Committee on Banking, Finance and Insurance.

On the motion, the yeas were 31, nays 1; the motion prevailed, and SB 287 was committed to the Committee on Banking, Finance and Insurance.

The following bills of the House were read the first time and referred to com mittees:

HB 180. By Representatives Rowland of the 119th, Marcus of the 26th, Richardson of the 52nd and others:
A bill to amend Code Title 88, relating to public health, so as to add a new Code chapter to authorize the discontinuance of extraordinary lifesustaining procedures for certain purposes.
Referred to Committee on Special Judiciary.

HB 610. By Representatives Bolster of the 30th, Tuten of the 153rd, Wall of the 61st and others:
A bill to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to change the circumstances under which juvenile courts and superior courts have concurrent jurisdiction over delinquent acts which constitute certain crimes; to change the definition of the term "designated felony act''.
Referred to Committee on Special Judiciary.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:25 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.

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Senate Chamber, Atlanta, Georgia Wednesday, February 25, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Starr of the 44th.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

Senator Starr of the 44th, who was presiding, announced that the Lieutenant Governor would be absent today due to the illness of his mother; however, he in formed the Senate that Mrs. Miller had improved during the last twenty-four hours.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 639. By Representatives Dent of the 85th and Cheeks of the 89th:
A bill to amend an Act known as the "Augusta-Richmond County Col iseum Act", so as to provide for the applicability of the doctrine of sovereign immunity to the Augusta-Richmond County Coliseum Authority, with the exception of any contractual rights of bondholders of revenue bonds issued by the Augusta-Richmond County Coliseum Authority.

HB 709. By Representatives Anderson, Hasty and Harris of the 8th and others:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the compensation of the judge and solicitor of said court.

HB 710. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act providing a salary supplement to be paid from Burke County Funds to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of said salary supplement.

WEDNESDAY, FEBRUARY 25, 1981

1087

HB 751. By Representatives Buck of the 95th, Smyre of the 92nd, Bishop of the 94th and others:
A bill to amend an Act abolishing the fee systems in the superior courts of the Chattahoochee Judicial Circuit, applied to the office of district at torney, and providing for the payment of the salary of said district at torney, so as to change the maximum compensation of the assistant district attorney.

HB 766. By Representative Triplett of the 128th:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.

HB 785. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.

HB 786. By Representatives Davis of the 45th, Burton of the 47th, Vandiford of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to delete the provision for the secretary of each judge to prepare appeals.

HB 249. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to benefits for spouses.

HB 245. By Representatives Buck of the 95th, Coleman of the 118th and McDonald of the 12th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for credit for out-of-state services.

HB 413. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act known as the Municipal Home Rule Act of 1965, so as to provide for extending retirement and other benefits to members of the municipal governing authority.

HB 478. By Representative Lee of the 72nd:
A bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", so as to define "retired peace officer"; to provide for the registration of exempt peace officers.

1088

JOURNAL OF THE SENATE

HB 656. By Representative McDonald of the 12th:
A bill to amend Code Chapter 84-3, relating to architects, so as to provide for the enforcement of the provisions of said Code chapter; to prohibit the construction of certain buildings until compliance with this Code chapter.

SB 17. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 114-701.5, relating to the applicability of the State Merit System's rules and regulations to members and other employees of the Workers' Compensation Board, so as to provide that the compensation of the members of the Board shall be fixed by law; to provide for the procedures connected therewith.

HB 422. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, so as to redefine the term "savings bank"; to provide that a bank desiring to operate as a state savings and loan association shall so state in its articles.

HB 425. By Representatives Cason of the 96th, Harrison and Isakson of the 20th and Watson of the 114th:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the provisions relating to the exemption of certain persons from register ing as architects.

HB 530. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act providing for personal jurisdiction over nonresidents, so as to provide for jurisdiction over certain nonresidents with respect to actions involving alimony, child support, and division of property in connection with divorce.

HB 636. By Representatives Vaughn of the 57th, Wilson of the 19th, Lee of the 72nd and others:
A bill to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to remove the provi sions relating to preparation of an official register; to repeal Code Section 40-806, relating to the compilation of an official and statistical register of the State.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

WEDNESDAY, FEBRUARY 25, 1981

1089

SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continu ing education as a prerequisite for the renewal for licenses.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 10. By Senators Stumbaugh of the 55th, Thompson of the 32nd and Barnes of the 33rd:
A bill to amend Code Chapter, 79A-8, the "Georgia Controlled Substances Act", as amended, so as to delete the provisions relating to drug related objects; to prohibit certain activities relating to drug paraphernalia; to provide for certain factors in determining whether an object is drug paraphernalia.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 392. By Senator Fincher of the 54th:
A bill to provide for a third judge of the superior court of the Conasauga Judicial Circuit of Georgia; to provide for the election and terms of office of said judge; to require candidates for such judgeship to designate the place for which they are offering; to prescribe the powers, duties, digni ty, jurisdiction, privileges, and immunities of said judge.
Referred to Committee on Special Judiciary.

SB 393. By Senator Summers of the 53rd:
A bill to amend an Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to delete the provisions relative to budgeting; to provide procedures for financing the expenses of the sheriff's office including personnel.
Referred to Committee on County and Urban Affairs.

SB 394. By Senators Foster of the 50th and Fincher of the 54th:
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 conduct of said meetings; to provide for the preparation and submission of the proposed agenda and minutes of said meetings.
Referred to Committee on Higher Education.

1090

JOURNAL OF THE SENATE

SB 395. By Senators Reynolds of the 48th and Brown of the 47th:
A bill to amend the "Executive Reorganization Act of 1972," as amend ed, so as to provide for the transfer of the functions of the Georgia Intracoastal Waterway Commission to the Georgia Department of Transportation; to provide for specific repeal.
Referred to Committee on Transportation.

SB 396. By Senators Sutton of the 9th, Land of the 16th, Tysinger of the 41st and others:
A bill to amend Code Section 40-406, relating to the form and content of the budget report, as amended, so as to provide that the budget report shall include schedules of assets and liabilities of state supported retire ment and pension systems.
Referred to Committee on Appropriations.

SB 397. By Senator Reynolds of the 48th:
A bill to amend Code Section 91A-5009, relating to the transportation and delivery of motor fuel, so as to remove the provisions relating to the delivery of motor fuel at certain times; to provide an effective date. Referred to Committee on Transportation.

SB 398. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 56-3, relating to insurers, doing business in this state, as amended. Referred to Committee on Banking, Finance and Insurance.

SB 399. By Senators Hudson of the 35th, Stephens of the 36th, Fincher of the 52nd and others:
A bill to provide for client transportation plans and implementation for the delivery of services and for state resources in order to concentrate ef forts to encourage a system of coordinated transportation; to provide for an effective date.
Referred to Committee on Human Resources.

SR 110. By Senators Foster of the 50th, Starr of the 44th and Broun of the 46th: A resolution creating the School Finance Study Committee.
Referred to Committee on Banking, Finance and Insurance.

SR 111. By Senator Reynolds of the 48th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to release and convey to the City of Winder an easement in certain State-owned property located within Barrow County, Georgia, to the City of Winder.
Referred to Committee on Public Utilities.

WEDNESDAY, FEBRUARY 25, 1981

1091

SR 112. By Senators Sutton of the 9th, Land of the 16th, Tysinger of the 41st and others:
A resolution creating the Joint Task Force on Pension Issues. Referred to Committee on Retirement.

SR 113. By Senators Evans of the 37th, English of the 21st, Walker of the 19th and others:
A resolution declaring the policy of this state to preserve prime farmland and mandating the observance of this policy by all units of state govern ment.
Referred to Committee on Agriculture.

SR 115. By Senator Greene of the 26th:
A resolution relative to the office of Attorney General. Referred to Committee on Special Judiciary.

SR 117. By Senator Land of the 16th:
A resolution authorizing the conveyance of certain State-owned real property located in the City of Columbus, Muscogee County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.

The following bills of the House were read the first time and referred to com mittees:

HB 245. By Representatives Buck of the 95th, Coleman of the 118th and McDonald of the 12th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for credit for out-of-state services. Referred to Committee on Retirement.

HB 249. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to benefits for spouses. Referred to Committee on Retirement.

HB 413. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act known as the Municipal Home Rule Act of 1965, so as to provide for extending retirement and other benefits to members of the municipal governing authority. Referred to Committee on Retirement.

1092

JOURNAL OF THE SENATE

HB 422. By Representative Pinkston of the 100th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, so as to redefine the term "savings bank"; to provide that a bank desiring to operate as a state savings and loan association shall so state in its articles.
Referred to Committee on Banking, Finance and Insurance.

HB 425. By Representatives Cason of the 96th, Harrison and Isakson of the 20th and Watson of the 114th:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the provisions relating to the exemption of certain persons from register ing as architects.
Referred to Committee on Industry, Labor and Tourism.

HB 478. By Representative Lee of the 72nd:
A bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", so as to define "retired peace officer"; to provide for the registration of exempt peace officers. Referred to Committee on Public Safety.

HB 530. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act providing for personal jurisdiction over nonresidents, so as to provide for jurisdiction over certain nonresidents with respect to actions involving alimony, child support and division of property in connection with divorce.
Referred to Committee on Special Judiciary.

HB 636. By Representatives Vaughn of the 57th, Wilson of the 19th, Lee of the 72nd and others:
A bill to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to remove the provi sions relating to preparation of an official register; to repeal Code Section 40-806, relating to the compilation of an official and statistical register of the State.
Referred to Committee on Rules.

HB 639. By Representatives'Dent of the 85th and Cheeks of the 89th:
A bill to amend an Act known as the "Augusta-Richmond County Col iseum Act", so as to provide for the applicability of the doctrine of sovereign immunity to the Augusta-Richmond County Coliseum Authority, with the exception of any contractual rights of bondholders of revenue bonds issued by the Augusta-Richmond County Coliseum Authority.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 25, 1981

1093

HB 656. By Representative McDonald of the 12th:
A bill to amend Code Chapter 84-3, relating to architects, so as to provide for the enforcement of the provisions of said Code chapter; to prohibit the construction of certain buildings until compliance with this Code chapter.
Referred to Committee on Industry, Labor and Tourism.

HB 709. By Representatives Anderson, Hasty and Harris of the 8th and others:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the compensation of the judge and solicitor of said court.
Referred to Committee on County and Urban Affairs.

HB 710. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act providing a salary supplement to be paid from Burke County Funds to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of said salary supplement. Referred to Committee on County and Urban Affairs.

HB 751. By Representatives Buck of the 95th, Smyre of the 92nd, Bishop of the 94th and others:
A bill to amend an Act abolishing the fee systems in the superior courts of the Chattahoochee Judicial Circuit, applied to the office of district at torney, and providing for the payment of the salary of said district at torney, so as to change the maximum compensation of the assistant district attorney.

HB 766. By Representative Triplett of the 128th:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 785. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

HB 786. By Representatives Davis of the 45th, Burton of the 47th, Vandiford of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to delete the provision for the secretary of each judge to prepare appeals. Referred to Committee on County and Urban Affairs.

1094

JOURNAL OF THE SENATE

The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 240. SB 319. SR 13. HB 42. HB 124.

Do pass by substitute. Do pass as amended. Do pass by substitute. Do pass by substitute. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 613. HB 703. HB 704. HB 705. HB 706. HB 711. HB 714. HB 715. HB 736. HB 752. HB 753.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

WEDNESDAY, FEBRUARY 25, 1981

1095

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 32. SB 342. SR 85. HB 309. HB 29. HB 30. HB 84. HB 206.

Do pass by substitute. Do pass. Do pass as amended. Do pass as amended. Do pass. Do pass. Do pass. Do pass.

Mr. President:

Respectfully submitted, Senator Howard of the 42nd District, Chairman

Your Committee on Industry, Labor and Tourism 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 365. Do pass as amended. SB 379. Do pass.

Mr. President:

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Your Committee on Special Judiciary has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 136. Do pass as amended.

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

1096

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 185. By Senator Tate of the 38th:
A bill to amend an Act creating the office of District Attorney Emeritus and the District Attorneys' Retirement Fund of Georgia, as amended, so as to change the provisions in said Act in regard to resignation and reappointment as District Attorney Emeritus.

SB 191. By Senators Tate of the 38th, Trulock of the 10th, Engram of the 34th and others:
A bill to amend an Act establishing the Employee Retirement System of Georgia, as amended, so as to provide for the transfer of legislative ser vice into the Employees' Retirement System.

SB 301. By Senator Land of the 16th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, as amend ed, so as to require outside work of certain inmates of penal institutions during inclement weather under certain conditions; to provide for super vision.

SB 322. By Senator Greene of the 26th:
A bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act," as amended, so as to provide for forfeiture of money, negotiable instruments, securities and other things of value under certain circumstances.

SB 325. By Senator Howard of the 42nd:
A bill to amend Code Title 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales.

SB 352. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public works camps, and prisoners, as amended, so as to provide compensation to employees of penal institutions operated by the Department of Offender Rehabilitation for certain personal property losses sustained through in mate action.

WEDNESDAY, FEBRUARY 25, 1981

1097

SB 373. By Senator Foster of the 50th:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Gilmer County, as amended, so as to change the provisions relating to the compensation of the clerk and the deputy clerk.

SB 374. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, as amended, so as to change the provisions relating to the sheriff's deputies.

SB 375. By Senators Coleman of the 1st and Wessels of the 2nd:
A bill to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to extend the corporate limits of the City of Savannah.

SB 376. By Senators Coleman of the 1st, Bryant of the 3rd and Wessels of the 2nd:
A bill to amend an Act providing for the creation of the "Savannah Tran sit Authority," as amended, so as to provide for appointment of members of the authority and their terms of office.

SB 377. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a board of commissioners for Cobb Coun ty, Georgia, as amended, so as to change the compensation provisions relating to the chairman and members of the board of commissioners.

SR 66. By Senator Littlefield of the 6th:
A resolution authorizing the conveyance of certain State-owned real property located within Camden County, Georgia, to Camden County and to the Georgia Department of Transportation.

SR 70. By Senators Sutton of the 9th, Trulock of the 10th, Evans of the 37th and others:
A resolution creating the Senate Electric Utility Holding Company Study Committee.

SR 76. By Senators Hudson of the 35th, Stephens of the 36th and Engram of the 34th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey to the City of Atlanta, Georgia real property necessary for the widening by the City of Atlanta of Mangum Street; to provide an effective date.

1098

JOURNAL OF THE SENATE

HB 26. By Representatives McDonald of the 12th, Coleman of the 118th, Ware of the 68th and others:
A bill to amend an Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, so as to provide for an in crease in the monthly retirement benefits of eligible firemen or volunteer firemen.

HB 67. By Representatives Lane of the 40th, Adams of the 36th and Couch of the 43rd:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to provide for the issuance of handicapped parking permits by mail; to eliminate fees for handicapped parking permits and provide for the issuance of such permits without charge.

HB 76. 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.

HB 128. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to define certain terms; to require certain acts by owners and the commissioner upon scrapping, dismantling, or destroying vehicles; to require salvage certificates of title for certain salvage motor vehicles.

HB 182. By Representatives Murphy of the 18th, Johnson of the 72nd, Coleman of the 118th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.

HB 210. By Representatives Childs of the 51st, Smith of the 152nd, Cummings of the 17th and others:
A bill to amend an Act known as the "Act Creating the Public School Employees Retirement System", so as to provide for additional death benefits.

HB 250. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the maximum period for payment of dues by a member from twenty (20) to twenty-five (25) years.

WEDNESDAY, FEBRUARY 25, 1981

1099

HB 270. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System", so as to change the provisions relative to mandatory retirement.

HB 274. By Representative Galer of the 97th:
A bill to amend an Act providing retirement benefits for superior court clerks so as to make certain provisions for payment of funds to widows applicable to all surviving spouses.

HB 275. By Representative Galer of the 97th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to make provisions which are applicable to payment of certain sur vivors' benefits to widows applicable to all surviving spouses.

HB 276. By Representative Galer of the 97th:
A bill to amend an Act creating the office of district attorney emeritus, so as to make certain provisions which are applicable to payments to widows applicable to all surviving spouses.

HB 277. By Representative Galer of the 97th:
A bill to amend an Act establishing the Teachers Retirement System, so as to make certain exclusions which are applicable to widows applicable to all surviving spouses.

HB 278. By Representative Galer of the 97th:
A bill to amend an Act creating the State Employees Retirement System, so as to make exclusions which are applicable to widows applicable to all surviving spouses.
HB 319. By Representatives Irvin of the 10th, Twiggs of the 4th, Harris of the 8th and others:
A bill to amend Code Section 95A-955, relating to securing loads on vehicles, so as to provide an exemption from the requirements of that Code Section for vehicles carrying silage.

HB 346. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act adding one additional judge of the superior courts of Western Judicial Circuit of Georgia, so as to change the provisions of that Act regarding the supplementary compensation, salaries, and ex pense allowances for both judges of that circuit by the counties of the cir cuit.

1100

JOURNAL OF THE SENATE

HB 402. By Representative Jones of the 126th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for odometer readings to be shown on certificates of title.

HB 496. By Representative Colwell of the 4th:
A bill to amend an Act providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, so as to strike certain provisions relating to the right of such corporations to traverse public property.

HB 498. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relating to the compensation of the commissioner.

HB 499. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the judge of the Pro bate Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.

HB 500. By Representative Phillips of the 120th:
A bill to amend an Act providing an annual salary for the sheriff of Wheeler County, so as to change the provisions relating to the compensa tion of the sheriff.

HB 598. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.

HB 599. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commis sioner of Heard County, so as to change the compensation of the tax com missioner.

WEDNESDAY, FEBRUARY 25, 1981

1101

HB 600. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

HB 601. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.

HB 602. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act to create the office of Commissioner of Heard County, so as to change the compensation of the commissioner.

HB 617. By Representative Jones of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an an nual salary in lieu of the fee system of compensation, so as to change the compensation for such officer.

HB 618. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the com pensation for said officer.

HB 620. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system a"nd pro viding in lieu thereof an annual salary for said officer, so as to change the compensation of said officer.

HB 621. By Representative Jones of the 78th:
A bill to amend an Act placing the Judge of the Probate Court compensa tion for said officer.

HB 631. By Representative Sizemore of the 136th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Worth County.

1102

JOURNAL OF THE SENATE

HB 659. By Representative Ralston of the 7th:
A bill to incorporate the Town of Resaca in the County of Gordon and provide a charter therefor.

HB 668. By Representative Ramsey of the 3rd:
A bill to create the Chatsworth-Murray County Water and Sewerage Authority.

HB 671. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Louisville, so as to change the maximum amount of fines which may be levied by the police court of the city.

HB 673. By Representatives Hooks of the 116th and Castleberry of the 111 th:
A bill to amend an Act creating and establishing a small claims court in and for Sumter County, so as to change the jurisdiction of the court; to provide for the deposit of costs; to change certain fees.

HB 675. By Representative Adams of the 79th:
A bill to create and establish a Small Claims Court of Upson County; to provide for the initial judge.

HB 676. By Representative Adams of the 79th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, so as to change the mode of compensation of said office.

HB 679. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge.

HB 680. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for certain audit re quirements; to provide requirements as to meetings of the authority.

HB 681. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, so as to provide for certain audit requirements; to pro vide requirements as to meetings of the authority.

WEDNESDAY, FEBRUARY 25, 1981

1103

HB 682. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, so as to provide for certain audit requirements; to provide re quirements as to meetings of the authority.

HB 683. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, so as to provide for certain audit requirements; to provide re quirements as to meetings of the authority.

HB 684. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to change certain provisions relating to the Gwinnett Industrial Building Authority, so as to provide authority for certain amendments.

HB 687. By Representative Irvin of the 10th:
A bill to amend an Act creating a Small Claims Court in and for Stephens County, so as to remove the minimum jurisdictional amount; to increase certain fees.

HB 688. By Representative Rainey of the 135th:
A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to create new education districts for election of members of the board.

HR 56. By Representative Greer of the 43rd:
A resolution authorizing the State of Georgia acting by and through the State Properties Commission to grant an easement in and to, and with respect to certain acts and transactions involving, certain State of Georgia-owned real property facing Peachtree Street, in the City of Atlanta, Fulton County, Georgia.

HR 59. By Representative Jackson of the 77th:
A resolution authorizing the conveyance of certain State-owned real property located in Columbia County.

HR 64. By Representatives Anderson, Harris and Hasty of the 8th and Ralston of the 7th:
A resolution authorizing the conveyance of certain State-owned real property located in Bartow County, Georgia, to Mr. Joseph Pfund.

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HR 65. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to accept a deed of correction; to provide an effective date.

HR 93. By Representative Crosby of the 150th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey certain State-owned real proper ty located in Clinch County, Georgia, to the City of Homerville, and the acceptance of certain property owned by the City of Homerville, located in Clinch County, Georgia, in consideration therefor.

HR 113. By Representatives Wilson of the 19th and Burruss of the 21 st:
A resolution authorizing the State Properties Commission, by its Chair man, the Governor, acting on behalf of and in the name of the State of Georgia to amend, change and modify the description contained in a right-of-way easement granted by the State's predecessor in title to the Colonial Pipeline Company for a pipeline to be used for the transporta tion of petroleum products on, over and through presently State-owned lands in Paulding County, Georgia.

HR 143. By Representative Peters of the 2nd:
A resolution authorizing the conveyance of certain State-owned property located in Catoosa County, Georgia.

HR 146. By Representative Jackson of the 77th:
A resolution authorizing the conveyance of all rights, title and interest in certain real property known as Keg Creek State Park together with all im provements and facilities thereon.

HR 147. By Representatives Collins of the 144th and Colwell of the 4th:
A resolution authorizing the conveyance of certain State-owned property located in Thomas County.

HR 151. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interest of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to convey certain Stateowned real property located in the City of Brunswick, Glynn County, Georgia.

WEDNESDAY, FEBRUARY 25, 1981

1105

HR 213. By Representatives Phillips of the 59th, Martin of the 60th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption to $20,000.00 and the income limits to $10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 65 years of age or over.

HR 215. By Representatives Colwell and Twiggs of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 586. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Crawford of the 5th:
A bill to amend an Act placing the coroner of Walker County upon a monthly salary, so as to provide for a mileage allowance for 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.

HB 587. 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 office of Tax Commissioner of Walker County, so as to change the maximum compensation of personnel.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 588. 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 the Superior Court of Walker County on an annual salary, so as to change the maximum amount of compensation of personnel.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 624. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the terms of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 635. By Representatives Lane of the 81st and Godbee of the 82nd:
A bill to amend an Act providing for a salary for the clerk of the Superior Court of Screven County in lieu of the fee system, so as to change the compensation of said clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 25, 1981

1107

Senator Starr of the 44th, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Cobb Greene

Holloway Starr (presiding)

Stumbaugh Timmons

Senator Stephens of the 36th introduced the chaplain of the day, Reverend Ben jamin W. Bickers, pastor of Emmanuel Baptist Church, Atlanta, Georgia, who of fered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 116. By Senators Wessels of the 2nd, Coleman of the 1st and Allgood of the 22nd: A resolution commending the Georgia Federation of Women's Clubs for their outstanding community service.
SR 118. By Senator Horton of the 17th: A resolution commending and expressing best wishes to John Blount Hewitt.
Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Governmental Operations:

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HB 406. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34A, known as the Georgia Municipal Elec tion Code, so as to provide for information to be furnished on applica tions for registration.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 406 was withdrawn from trie Committee on County and Urban Affairs and committed to the Committee on Governmental Operations.

Senator Ballard of the 45th moved that the following bill of the Senate be withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs:

SB 385. By Senator Ballard of the 45th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit, as amended, so as to pro vide a salary supplement for each judge and the district attorney for the Alcovy Judicial Circuit; to provide for cost-of-living increases.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 385 was withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs.

SENATE RULES CALENDAR
Wednesday, February 25, 1981
TWENTY-SIXTH LEGISLATIVE DAY
SR 88. Department of Human Resources--study of distribution of services provided by department (SUBSTITUTE) (Hum R-40th)
SB 237. Employee Health Insurance--continue coverage of certain annuitants (SUBSTITUTE) (Gov Op-33rd)
SB 310. Widows at Confederate Soldiers Home--repeal act providing (D&VA-32nd)
HB 149. Jury Duty--alternative exemption counties using computers (Judy--5th) SB 328. Hospital Admission of Alcoholic, Drug Abuser, Mentally
111--psychologists (Hum R--33rd) SB 324. Brunswick Judicial Circuit--supplement to judges' salaries (S Judy--6th) SB 308. Adequate Program for Education in Georgia--give teachers duty-free
lunch period (SUBSTITUTE) (AMENDMENT) (Ed--38th)

WEDNESDAY, FEBRUARY 25, 1981

1109

SB 234. Public Service Conveniences--construction and operation (SUBSTITUTE) (NREQ-20th.)
SB 326. Public Building Authorities--create (Gov Op--33rd)
HB 410. Nuisances in Cities--manner of determining existence (S Judy--6th)
SB 215. Poet Laureate--provide position (Rules--50th)
SB 323. Development Authority Law--local communities stimulating economic growth (IL&Tou--55th)
SB 223. Scrap Metal Processors--maintain certain permanent records (SUBSTITUTES) (IL&Tou-28th)
SB 347. Indebtedness to State from Overweight Vehicle Citations--liens on vehicles (Trns--48th)
SB 291. Board of Examiners of Power Engineers--create (AMENDMENT) (Gov Op-36th)
HB 201. Employment Security Law--delete provisions on seasonal employment (IL&Tou-45th)
HB 35. Consumers'Utility Counsel--create position (CAff--18th)
SB 369. Leased Motor Vehicles--owners not liable for parking tickets certain conditions (AMENDMENT) (Trns-50th)
SB 23. State Patrol--powers, duties and responsibilities (SUBSTITUTE) (Pub Saf-23rd)
HB 416. Georgia Educational Loan Program--change name (AMENDMENT) (Ed-lOth)
HB 202. Employment Security Law--strike redundant benefit tables (IL&Tou--29th)
SR 77. Amendment to the Constitution--people have power to enact, reject (AMENDMENT) (Gov Op-27th)
SB 239. Motor Vehicle Safety Inspection Act--clarify exemptions (Pub Saf--48th)
SB 102. Employment of Handicapped--prohibit discrimination (Judy--35th)
SB 320. Sexual Assault in First and Second Degree--define crimes (Gov Op-43rd)
HB 143. Child Abuse Reports--change requirements (SUBSTITUTE) (Hum R-42nd)
HB 203. Persons Subject to Domestic Violence--shelters (AMENDMENT) (Judy-33rd)

Respectfully submitted,
I si Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its adoption:

SR 88. By Senator Coverdell of the 40th: A resolution authorizing and directing the commissioner of the Depart ment of Human Resources to make a study of the distribution of services and facilities provided by the department.
The Senate Committee on Human Resources offered the following substitute to SR88:

A RESOLUTION
Authorizing and directing the commissioner of the Department of Human Resources to make a study of the distribution of mental health and mental retardation services, including community based services and institutions, provided by the department; and for other purposes.
WHEREAS, the services provided by the Department of Human Resources through its mental health and mental retardation division and agencies are of vital interest to the citizens of this state; and
WHEREAS, many of these services result with the establishment of community based programs, facilities, and institutions at many locations within the state; and
WHEREAS, some areas of the state receive a disproportionate share of funds for the provision of mental health and mental retardation com munity based services and institutional services; and
WHEREAS, many factors rightfully influence the location of facilities and of community based programs and the distribution of funds of the Department of Human Resources, but the most important con sideration should be to provide the services on a geographic basis in pro portion to the need for such services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the commissioner of the Department of Human Resources is hereby authorized and directed to cause an in-depth study to be made of the distribution of funds, programs, and facilities of the Department of Human Resources for mental health and mental retar dation services, including institutions and community based programs. Such study shall deal specifically with a comparison of the type and degree of mental health and mental retardation services, including facilities, community based programs, and funds, provided by the department with the population served within each county of this state or on the basis of such other specific geographical areas of the state as may be advisable to make an effective comparison. Such study shall in clude a plan whereby the mental health and mental retardation services, including facilities, community based programs, and funds, of the Department of Human Resources shall be distributed throughout the

WEDNESDAY, FEBRUARY 25, 1981

1111

state on a geographic basis which, to the extent practicable, provides the availability of such services, including facilities, community based pro grams, and funds, to the areas of the state in proportion to their need. Factors to be considered in the development of such plan shall include, but not be limited to, the following: population, geographic size, medical ly indigent population, Medicaid eligible population, general income levels, type and quantity of services required, local sources of service, availability of staff, cost of services, and federal funding requirements.
BE IT FURTHER RESOLVED that the study required by this resolu tion shall be completed by December 1, 1981, and a copy of said study shall be sent to the Governor and all members of the General Assembly on or before said date.

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 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 Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell
Deal Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton
Howard Hudgins Hudson
Kennedy Kidd Land Lester

Those not voting were Senators:

Barnes Bowen

Holloway Starr (presiding)

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Summers

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JOURNAL OF THE SENATE

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 following resolution of the Senate was read and adopted:
SR 114. By Senators Evans of the 37th, Foster of the 50th, Coverdell of the 40th and others:
A resolution to honor William G. Densmore, Jr., for services to public education, to the arts in education, and to the students of the public schools of Georgia.

Senator Evans of the 37th introduced William G. Densmore, Jr., the 1981 Georgia Teacher of the Year.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 237. By Senator Barnes of the 33rd:
A bill to amend an Act providing for a health insurance plan for state employees, as amended, so as to provide for continuation of health in surance coverage of certain annuitants.

The Senate Committee on Governmental Operations offered the following substitute to SB 237:

A BILL
To be entitled an Act to amend an Act providing for a health in surance plan for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved February 4, 1980 (Ga. Laws 1980, p. 9) and an Act approved March 3, 1980 (Ga. Laws 1980, p. 94), so as to provide for continuation of health insurance coverage of certain annuitants; to provide for certain editorial changes; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a health insurance plan for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amend ed, particularly by an Act approved February 4, 1980 (Ga. Laws 1980, p. 9) and an Act approved March 3, 1980 (Ga. Laws 1980, p. 94), is hereby amended by striking subsection (c) of Section 8A in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

WEDNESDAY, FEBRUARY 25, 1981

1113

"(c) Any annuitant included in the coverage of the contract or con tracts for health insurance as provided in this Act at the time of death of any employee, annuitant, or other person who is the primary or principal beneficiary of said contract or contracts for health insurance pursuant to the provisions of an Act creating the office of judge of the superior courts, emeritus (now known as senior judge of the superior courts), approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, or pursuant to the provisions of an Act creating the office of district at torney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, or pursuant to the pro visions of an Act creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amend ed, or pursuant to the 'District Attorneys' Retirement Act,' approved April 10, 1978 (Ga. Laws 1978, p. 2173), may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations of the board. The board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance, and resump tion of coverage by any such spouse or dependent child or children."
Section 2. Said Act is further amended by redesignating subsection (c) of Section 8A of the amendatory Act, approved March 3, 1980 (Ga. Laws 1980, p. 94), as subsection (d).
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Hill of the 29th and Ballard of the 45th offered the following amend ment:

Amend the substitute to SB 237 offered by the Senate Committee on Governmental Operations by inserting in line 7 on Page 1 between the word and semicolon "changes;" and the word "to" the following:
"to change the provisions relative to continuation of coverage by former employees;''.
By redesignating Sections 2, 3 and 4 as Sections 3 and 4, and 5 respec tively, and by adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking Section 8B in its entirety and substituting in lieu thereof a new Section 8B to read as follows:
'Section 8B. Any other provision of this Act to the contrary not withstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employ ment has completed eight or more years of service as an employee, as defined in this Act, shall be entitled to continue full coverage and par-

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JOURNAL OF THE SENATE

ticipation, including coverage for his spouse and dependent children, in the health insurance plan by the payment of an annual premium to be fixed by the Board; and, in addition thereto, any member of the General Assembly who ceases to hold office as such at any time after July 1, 1981, and who was eligible to retire at the time of leaving of fice, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly ap propriates funds, and who does not withdraw employee contributions from such public retirement system, shall be entitled to continue full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by continuing to pay to the Board the monthly premium which is paid by an active state employee. The annual premium provided for herein must be paid within 30 days following receipt of a notice of premium to be sent to such person by the Board. If such annual premium is not paid within such time limit such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. The provisions of this Section shall not affect the rights otherwise available under this Act of retired employees and their spouses and dependents. The Board is hereby authorized to establish terms and conditions for participation as the Board shall deem appropriate and which are not in conflict with the provisions of this Section.'"

On the adoption of the amendment, the yeas were 39, nays 2, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 40, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

WEDNESDAY, FEBRUARY 25, 1981

1115

McKenzie Reynolds Robinson
Scott Stephens

Summers Sutton Tate
Thompson Timmons

Trulock Turner Tysinger
Walker Wessels

Voting in the negative was Senator Stumbaugh.

Not voting were Senators Holloway and Starr (presiding).

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 310. By Senator Thompson of the 32nd:
A bill to repeal Code Chapter 35-9, relating to the Confederate Soldiers' Home of Georgia, as amended; to repeal an Act providing for the admis sion and maintenance of widows of Confederate Veterans at the Con federate Soldiers' Home of Georgia; to repeal Section 2302 of the "Ex ecutive Reorganization Act of 1972"; to repeal Code Chapter 78-2, relating to pensions for ex-Confederate soldiers and sailors and dependents.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant
Cobb Coverdell Deal Dean
Eldridge

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Horton
Howard Hudgins Kennedy
Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton
Tate Thompson Timmons
Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Voting in the negative were Senators Coleman and Wessels.

Those not voting were Senators:

Ballard
English Fincher of 54th

Hill
Holloway Hudson

Starr (presiding) Stephens

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th: 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; to authorize the Insurance Commissioner to require continuing education as a prerequisite for the renewal for licenses of insurance agents, solicitors, brokers, counselors, and ad justers.
The House amendments were as follows:
House Amendment No. 1:
Amend SB 71 by striking from line 7 of Page 6 the following: "aged 65 or older".
By adding at line 8 of Page 6, after the word "employed" the follow ing:
"principally".
House Amendment No. 2:
"10"A. mend SB 71 by striking "25" on line 9, Page 6, and insert the figure

WEDNESDAY, FEBRUARY 25, 1981

1117

Senator Lester of the 23rd moved that the Senate disagree to the House amend ments to SB 71.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 71.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 149. By Representatives Childs of the 51st, Workman of the 56th, Widener of the 44th and others:
A bill to amend Code Chapter 59-1, relating to juries in general, so as to provide alternative procedures for exemption of certain persons from jury duty in counties which use electronic or mechanical means for the selection of jurors.
Senate Sponsor: Senator Bell of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell
Deal Dean

Eldridge Engram Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudgins Kennedy Kidd Lester
Littlefield McGill

Those not voting were Senators:

Bryant English Fincher of 54th

Hill Holloway Hudson

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land Starr (presiding) Summers

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 328. By Senators Barnes of the 33rd, Evans of the 37th, Fincher of the 52nd and others:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment of alcoholics, drug dependent individuals, and drug abusers, and Code Chapter 88-5, relating to hospitalization and treatment of the men tally ill, so as to authorize psychologists to perform certain acts in con nection with the admission of patients in the same manner as physicians; to provide for immunity from liability 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:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Horton Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Allgood Bell Broun of 46th Coverdell English

Fincher of 54th Hill Holloway Howard

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Hudgins Starr (presiding) Summers Trulock

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 25, 1981

1119

SB 324. By Senators Littlefield of the 6th, Bryant of the 3rd, Kennedy of the 4th and others:
A bill to provide for a supplement to the salaries of the judges and senior judges of the superior courts and the district attorney, of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Cir cuit to increase such salary supplement.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Horton Kennedy Kidd Land Lester Littlefield McGill McKenzie

Those not voting were Senators:

Allgood Bell Broun of 46th English

Fincher of 54th Hill Holloway Howard

On the passage of the bill, the yeas were 45, nays 0.

Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins Hudson Starr (presiding)

The bill, having received the requisite constitutional majority, was passed.

SB 308. By Senators Tate of the 38th, Ballard of the 45th, Horton of the 17th 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 teachers shall be given a duty-free lunch period and planning time.

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JOURNAL OF THE SENATE

The Senate Committee on Education offered the following substitute to SB 308:

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), as amended, so as to provide that teachers shall be given a duty-free lunch period; 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 "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by adding a new section between Section 24A, and Section 25, to be designated Section 24B, and to read as follows:
"Section 24B. Lunch Periods. At a minimum, all teachers shall be entitled to a lunch period that is at least equal to the lunch period for students. During this lunch period, the teacher shall be free from all assigned or supervisory duties of any nature provided that such lunch period shall be accomplished by schedule adjustment, and provided further that this Act shall not require the hiring of additional person nel for its implementation."
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 Summers of the 53rd offered the following amendment to SB 308:

Amend SB 308 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective when sufficient state funds are appropriated to pay the entire cost of funding the orderly implementation of this Act."

On the adoption of the amendment, the yeas were 32, nays 1, and the amend ment was adopted.

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.

WEDNESDAY, FEBRUARY 25, 1981

1121

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Engrain

Evans Fincher of 52nd Foster Garner Gillis Greene Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Bell Broun of 46th Eldridge

English Fincher of 54th Hill Holloway

Hudgins Land Starr (presiding)

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 234. By Senators Gillis of the 20th and English of the 21st:
A bill to amend an Act relating to the state parks and recreational areas, as amended, so as to revise the provisions governing the construction and operation of public service privileges and conveniences; to provide for the granting of concessions for the operation of public service privileges, conveniences, and facilities by private operators.

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 234:

A BILL
To be entitled an Act to amend an Act relating to the state parks and recreational areas, approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended, so as to revise the provisions governing the construction and operation of public service privileges and conveniences; to delete provi-

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sions establishing local and regional councils and to provide for the granting of concessions for the operation of public service privileges, conveniences, and facilities by private operators; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the state parks and recreational areas, approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended, is hereby amended by striking paragraph (g) of subsection 4 of Section 9 which reads as follows:
"(g) To construct and operate suitable public services privileges and conveniences in any park or other property under its control, and for the use of same may make reasonable charges; and in its discretion may grant concessions to any responsible person, firm, association or corporation for such periods, in no event longer than five years, and upon such conditions as it may deem advisable. All moneys received from the operation of the State Park system shall be paid into the State Treasury, and shall be set up as a rotary fund for maintenance and ac quisition of lands. Such expenditures shall be subject to the same ap provals as pertain to regularly appropriated funds.",
in its entirety and substituting in lieu thereof a new paragraph (g) to read as follows:
"(g) To enter into contracts and agreements for the construction, renovation, and repair of any improvements on any park or other property under its control for the purpose of providing suitable public service privileges, conveniences and facilities and for improvements necessary for the operation and maintenance of such property; pro vided, however, that all such contracts shall be conducted and negotiated by the Department of Administrative Services in ac cordance with the provisions of Section ISA of the Code of 1933, as amended."
Section 2. Said Act is further amended by striking paragraph ji) of subsection 4 of Section 9 which reads as follows:
"(i) To appoint at the discretion of the Commissioner, local and regional councils to consider, study, and advise in the work of the division for the extension, development, use and maintenance of any area or property for which appointed.
The Commissioner of Natural Resources and the State Director of Parks shall be ex-officio members of all councils so appointed.",
in its entirety and substituting in lieu thereof a new paragraph (i) to read as follows:
"(i) To grant concessions for the operation of public service privileges, conveniences and facilities when the Department deter-

WEDNESDAY, FEBRUARY 25, 1981

1123

mines in its discretion that such private concessions are in the best in terest of the general public and the Department. Such concessions may be granted to any responsible person, partnership, firm, associa tion or corporation for a period not to exceed five years, and upon such terms as the Department may deem advisable and consistent with other State laws."
Section 3. Said Act is further amended by redesignating paragraph (n) of subsection 4 of Section 9 as paragraph (m).
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. An Act entitled: "An Act to amend Section 43-138 of the Code of Georgia of 1933, relating to the powers and duties of the Divi sion of State Parks, Historic Sites and Monuments to provide that said division may enter into contracts, agreements and leases with the State Park Authority for the purpose of assuring the continued operation, maintenance and preservation of any project or projects undertaken by the State Park Authority and for other purposes," approved February 21, 1951 (Ga. Laws 1951, p. 788) is hereby repealed in its entirety.
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 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:

Ballard Barker Barnes
Bell

Bond Bowen Brannon
Brantley

Brown of 47th Bryant Cobb
Coleman

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Coverdell Deal Dean Engram Evans Fincher of 52nd Foster Garner Gillis Greene

Horton Howard Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson

Those not voting were Senators:

Allgood Broun of 46th
Eldridge English Fincher of 54th

Hill Holloway
Hudgins Hudson Land

On the passage of the bill, the yeas were 42, nays 0.

Scott Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels
Starr (presiding) Stumbaugh Sutton Trulock

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 326. By Senator Barnes of the 33rd:
A bill to create public bodies corporate and politic to be known as Public Building Authorities; to provide for the activation of such Public Building Authorities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Brantley Brown of 47th Bryant
Cobb Coleman
Deal

Dean Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner
Greene Hill
Holloway

Horton Howard Hudgins
Kennedy Kidd Land Lester
Littlefield McGill
McKenzie

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1125

Reynolds Robinson Stephens Stumbaugh

Sutton Tate Thompson Timmons

Those voting in the negative were Senators:

Ballard Bell

Brannon Coverdell

Those not voting were Senators:

Bowen Broun of 46th Eldridge

English Gillis Hudson

Trulock Turner Wessels
Scott Tysinger
Starr (presiding) Summers Walker

On the passage of the bill, the yeas were 41, nays 6. The bill, having received the requisite constitutional majority, was passed.

HB 410. By Representative Walker of the 115th:
A bill to amend Code Chapter 72-4, relating to nuisances in cities, so as to provide for the manner of determining the existence of and abating such nuisances.
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:

Ballard Barker Barnes
Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman

Coverdell Deal Dean
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Holloway

Horton Howard Kennedy
Lester Littlefield McGill McKenzie Reynolds Scott Stephens Stumbaugh Sutton

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Tate Thompson
Timmons

Trulock Turner

Those not voting were Senators:

Allgood
Bowen Eldridge English Gillis

Hudgins Hudson Kidd Land

Tysinger Wessels
Robinson Starr (presiding) Summers Walker

On the passage of the bill, the yeas were 43, 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 188. By Representatives Galer of the 97th, Swann of the 90th, Steinberg of the 46th and others: A bill to amend an Act relating to the grandparents of certain children, so as to authorize the grant of visitation rights to grandparents when the parents of their grandchildren have obtained a divorce or are engaged in proceedings for divorce.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 215. By Senator Foster of the 50th:
A bill to amend an Act creating the Georgia Council for the Arts and Humanities as amended, so as to provide for the position of Poet Laureate for the State of Georgia; to provide for the appointment thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 25, 1981

1127

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land

Lester McGill McKenzie Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Gillis Hudgins

Littlefield Robinson

Starr (presiding) Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 323. By Senators Stumbaugh of the 55th, Howard of the 42nd, Allgood of the 22nd and others: A bill to amend an Act known as the "Development Authorities Law," as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and attain industrial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word "project"; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Horton Howard Kennedy Kidd Land Lester

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Bowen Gillis Holloway

Hudgins Hudson Robinson

Littlefield McGill McKenzie Reynolds Scott Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Wessels
Starr (presiding) Walker

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Howard of the 42nd moved that SB 323 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 323 was immediately transmitted to the House.

SB 223. By Senators Cobb of the 28th and Reynolds of the 48th:
A bill to require that scrap metal processors maintain certain permanent records of business transactions; to provide definitions of certain terms; to specify the content and form of such records; to provide for a minimum period of time to maintain such records.

WEDNESDAY, FEBRUARY 25, 1981

1129

The Senate Committee on Industry, Labor and Tourism offered the following substitute to SB 223:

A BILL
To be entitled an Act to require that scrap metal processors maintain certain records of business transactions; to provide definitions of certain terms; to specify the content and form of such records; to provide for a minimum period of time to maintain such records; to provide for the in spection of said records by duly authorized law enforcement officers; to provide that scrap metal processors shall comply with other provisions of law regarding certificates of title and vehicle license plates; to provide for punishment for failure to comply with this Act; to provide that local laws are not superseded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions. The following words and terms shall have the meaning indicated unless the context clearly indicates a different mean ing:
(1) "Scrap metal processor" means any person, firm, or corporation engaged in the business of buying scrap vehicles, automotive parts, or other metallic waste by weight to process such material into scrap metal for remelting purposes, who utilizes machinery and equipment for proc essing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
(2) "Scrap vehicle" means any vehicle which has been crushed or flattened by mechanical means or which has been otherwise damaged to the extent that it cannot economically be repaired or made roadworthy.
(3) "Licensed seller" means any person, firm, or corporation licensed by a state board of registration in this state for salvage dealers, dismantlers, or rebuilders, which may now or hereafter be created.
Section 2. Permanent records required; content. Every scrap metal processor shall maintain records which shall contain in legible English the following information:
(1) For all purchases from licensed sellers:
(A) the date of purchase;
(B) the name of the seller;
(C) a general description of the material purchased;
(D) the number of scrap vehicles purchased;
(E) the vehicle identification number of vehicles which are not scrap vehicles, if available; if not available, a notation of the make and year of such vehicles; and

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(F) the amount paid for the material purchased.
(2) For all purchases from nonresident sellers or sellers who are not licensed:
(A) the date of purchase;
(B) the name and address of the seller;
(C) the name and motor vehicle operator's license number of the driver delivering the material;
(D) a general description of the material purchased;
(E) the number of scrap vehicles purchased;
(F) the vehicle identification number, if available, of vehicles pur chased which are not scrap vehicles or, if not available, a notation of the make and year of such vehicles; and
(G) the amount paid for the material purchased.
Section 3. Records open for inspection. The records shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business.
Section 4. Compliance with other provisions of law regarding titles and tag registrations. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, said scrap metal processor shall mail or deliver the same to the Georgia Department of Revenue as required by law.
Section 5. Penalties. Any scrap metal processor or his agent who shall:
(1) fail to make an entry of any material matter in his records; or
(2) make any false entry therein; or
(3) falsify, obliterate, destroy, or remove from his place of business such records; or
(4) refuse to allow any duly authorized law enforcement officer to in spect such records, or any vehicles or scrap vehicles in his possession, during the ordinary hours of business; or
(5) fail to maintain a record of each purchase transaction for at least two years shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $ 1,000.00.
Section 6. Records maintained for two years. The record of each purchase transaction, as herein provided, shall be maintained for a period of not less than two years.

WEDNESDAY, FEBRUARY 25, 1981

1131

Section 7. Local laws not superseded. Nothing herein shall supersede existing local laws nor relieve a scrap metal processor from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to the provisions of this Act.
Section 8. Repealer. 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 35, and the committee substitute was lost.

Senator Cobb of the 28th offered the following substitute to SB 223:

A BILL
To be entitled an Act to require that scrap metal processors maintain records of certain business transactions; to provide definitions of certain terms; to specify the content and form of such records; to provide for a minimum period of time to maintain such records; to provide for the in spection of said records by duly authorized law enforcement officers; to provide that scrap metal processors shall comply with other provisions of law regarding certificates of title and vehicle license plates; to provide for punishment for failure to comply with this Act; to provide that local laws are not superseded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions. The following words and terms shall have the meaning indicated unless the context clearly indicates a different mean ing:
(1) "Scrap metal processor" means any person, firm, or corporation engaged in the business of buying scrap vehicles, automotive parts, or other metallic waste by weight to process such material into scrap metal for remelting purposes, who utilizes machinery and equipment for proc essing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
(2) "Scrap vehicle" means any vehicle which has been crushed or flattened by mechanical means or which has been otherwise damaged to the extent that it cannot economically be repaired or made roadworthy.
(3) "Licensed seller" means any person, firm, or corporation licensed by a state board of registration in this state for salvage dealers, dismantlers, or rebuilders, which may now or hereafter be created.
Section 2. Permanent records required; content. Every scrap metal processor shall maintain records which shall contain in legible English the following information:

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(1) For all purchases of vehicles or scrap vehicles from licensed sellers:
(A) the date of purchase;
(B) the name of the seller;
(C) a general description of the purchase;
(D) the number of scrap vehicles purchased;
(E) the vehicle identification number of vehicles which are not scrap vehicles, if available; if not available, a notation of the make and year of such vehicles; and
(F) the amount paid for the purchase.
(2) For all purchases of vehicles or scrap vehicles from nonresident sellers or sellers who are not licensed:
(A) the date of purchase;
(B) the name and address of the seller;
(C) the name and motor vehicle operator's license number of the driver delivering the material;
(D) a general description of the purchase;
(E) the number of scrap vehicles purchased;
(F) the vehicle identification number, if available, of vehicles pur chased which are not scrap vehicles or, if not available, a notation of the make and year of such vehicles; and
(G) the amount paid for the purchase.
Section 3. Records open for inspection. The records shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business.
Section 4. Compliance with other provisions of law regarding title and tag registrations. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, said scrap metal processor shall mail or deliver the same to the Georgia Department of Revenue as required by law.
Section 5. Penalties. Any scrap metal processor or his agent who shall:
(1) fail to make an entry of any material matter in his records; or
(2) make any false entry therein; or

WEDNESDAY, FEBRUARY 25, 1981

1133

(3) falsify, obliterate, destroy, or remove from his place of business such records; or
(4) refuse to allow any duly authorized law enforcement officer to in spect such records, or any vehicles or scrap vehicles in his possession, during the ordinary hours of business; or
(5) fail to maintain the records required by Section 2 of this Act for at least two years shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $ 1,000.00.
Section 6. Records maintained for two years. The records required by Section 2 of this Act shall be maintained for a period of not less than two years.
Section 7. Local laws not superseded. Nothing herein shall supersede existing local laws nor relieve a scrap metal processor from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to the provisions of this Act.
Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the 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 Bell Bond Brannon Brantley
Broun of 46th Bryant Cobb Coleman Coverdell
Deal Eldridge English Engram

Fincher of 52nd Foster Gillis Greene Hill Horton Howard
Hudgins Hudson Kennedy Kidd Land
Lester Littlefield McGill

McKenzie Reynolds Scott Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner
Tysinger Walker Wessels

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Those voting in the negative were Senators:

Barnes Brown of 47th

Dean

Those not voting were Senators:

Bowen Evans

Fincher of 54th Holloway

Garner
Robinson Starr (presiding]

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 347. By Senators Reynolds of the 48th, Wessels of the 2nd, Brown of the 47th and others:
A bill to amend Code Title 95A, known as the Georgia Code of Public Transportation as amended, so as to provide for the establishment of a lien upon motor vehicles owned by any person who becomes indebted to the state from assessments resulting from overweight motor vehicle cita tions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brantley Broun of 46th Brown of 47th
Bryant Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram
Fincher of 52nd Foster
Garner Gillis Greene Hill Horton Howard
Hudson Kennedy Kidd Land
Lester Littlefield

McGill McKenzie
Reynolds Robinson
Scott Stephens Summers Sutton Tate Thompson
Timmons Trulock Turner' Tysinger
Walker Wessels

WEDNESDAY, FEBRUARY 25, 1981

1135

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Evans Fincher of 54th

Holloway Hudgins

Starr (presiding) Stumbaugh

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on February 19 and postponed until February 24, was put upon its passage:
SB 291. By Senators Stephens of the 36th, Howard of the 42nd and Hudson of the 35th:
A bill to create the State Board of Examiners of Power Engineers; to pro vide for a short title; to define certain terms; to provide for the appoint ment of members of the board and their terms, qualifications, compensa tion and removal; to provide for meetings and quorums; to provide for a joint-secretary of said board.
Senator Stephens of the 36th moved that SB 291 be committed to the Commit tee on Industry, Labor and Tourism.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 291 was committed to the Committee on Industry, Labor and Tourism.
The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
HB 201. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others: A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compensation Law), so as to delete the provisions relating to seasonal employment; to modify the pension offset as allowed by Public Law 96-364. Senate Sponsor: Senator Ballard of the 45th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Evans Holloway

Howard Starr (presiding)

Stumbaugh Summers

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 35. By Representatives Lambert of the 112th, Argo of the 63rd and McDonald of the 12th:
A bill to create the position of Consumers' Utility Counsel.
Senate Sponsor: Senator Barker of the 18th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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

Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb

Coleman Coverdell Deal Dean Eldridge English

WEDNESDAY, FEBRUARY 25, 1981

1137

Engram Evans Fincher of 54th Foster
Garner Gillis Greene
Hill Horton Howard Hudson

Kennedy Kidd Land Lester
Littlefield McGill McKenzie
Reynolds Robinson Scott Stephens

Voting in the negative was Senator Bryant.

Stumbaugh Summers Sutton Tate
Thompson Timmons Trulock
Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 52nd Holloway

Hudgins

Starr (presiding)

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 369. By Senator Foster of the 50th: A bill to amend Code Chapter 68A-10, relating to stopping, standing, and parking, as amended, so as to provide that owners of motor vehicles that are leased to other persons shall not be liable for parking violations when the vehicles are not in their possession.
The Senate Committee on Transportation offered the following amendment:
Amend SB 369 by striking on Page 1, the last sentence, beginning with the word "If" on line 23 and continuing through line 27, and insert ing in lieu thereof the following:
"If the owner fails to submit the notice, the court in which the case is heard may find the owner of the motor vehicle liable for the violation."

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman
Deal Dean

Eldridge English Engram Fincher of 54th Foster Gillis Hill Holloway Horton Howard Hudson Kennedy Land Lester
Littlefield McGill

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker
Wessels

Voting in the negative were Senators Hudgins and Sutton.

Those not voting were Senators:

Coverdell Evans Fincher of 52nd

Garner Greene

Kidd Starr (presiding)

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 23. By Senators Lester of the 23rd, Gillis of the 20th, Reynolds of the 48th and others: A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the powers, duties, and responsibilities of the Georgia State Patrol; to provide for the limits of their jurisdiction; to provide for their powers of arrest and investigation; to provide for their duties on state property.

WEDNESDAY, FEBRUARY 25, 1981

1139

The Senate Committee on Public Safety offered the following substitute to SB 23:

A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 77), an Act approved March 7, 1956 (Ga. Laws 1956, p. 495), an Act approved March 9, 1956 (Ga. Laws 1956, p. 605), an Act approved March 21, 1970 (Ga. Laws 1970, p. 577), an Act approved March 21, 1974 (Ga. Laws 1974, p. 477), and an Act approved March 3, 1978 (Ga. Laws 1978, p. 254), so as to provide for the powers, duties, and responsibilities of the Georgia State Patrol; to provide for the limits of their jurisdiction; to pro vide for their powers of arrest and investigation; to provide for their duties on state property; to provide for their relationship with other law enforcement agencies; 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:
Section 1. An Act creating the Department of Public Safety, approv ed March 19, 1937 (Ga. Laws 1937, p. 322), as amended by an Act ap proved February 7, 1950 (Ga. Laws 1950, p. 77), an Act approved March 7, 1956 (Ga. Laws 1956, p. 495), an Act approved March 9, 1956 (Ga. Laws 1956, p. 605), an Act approved March 21, 1970 (Ga. Laws 1970, p. 577), an Act approved March 21, 1974 (Ga. Laws 1974, p. 477), and an Act approved March 3, 1978 (Ga. Laws 1978, p. 254), is hereby amended by striking in its entirety Section 14 of Article II of said Act which read as follows:
"Section 14. Duties of the Georgia State Patrol. It shall be the primary duty of the Uniform Division of the Department of Public Safety designated as the 'Georgia State Patrol,' to patrol the rural and public roads and highways throughout this State, to prevent, detect and investigate criminal acts, and to arrest and apprehend those charged with committing criminal offenses appertaining thereto, and to safeguard the lives and property of the public.
They are empowered to act in cooperation with any other law en forcement agency of this State or of any city, county, or other division thereof, but shall not cooperate with local authorities in preventing the commission of criminal offenses, except on property owned by the State or its departments, bureaus, commissions, or authorities, other than traffic violations on the roads and highways and related of fenses, nor in detecting and apprehending, off the roads and highways, those charged with other than traffic and related offenses against the criminal laws of this State, or any other state, or the United States, without the specific authority and direction of the Director of Public Safety.

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They shall not exercise any power of arrest, with the exception herein provided for arrest powers and general law enforcement authority on property owned by the State or its departments, bureaus, commissions, or authorities, except for offenses arising from violation of the traffic laws, or laws regulating the use, ownership, and control of motor vehicles, or for offenses committed upon the highways of the State. Provided that upon request of the governing authorities of any municipality, or the chief law enforcement officer of any municipali ty, or of the sheriff of any county, or of the chief officer of the county police force in all counties having a population of more than 100,000 according to the U. S. Decennial Census of 1970, or any future such census, or of the judge of the superior court of any county of this State or the Governor of this State, the Commissioner of Public Safety, in unusual circumstances, may, and in the case of an Order from the Governor of Georgia shall, direct members of the Georgia State Patrol to render assistance in any criminal case, or in the prevention of viola tions of law, or in detecting and apprehending those violating any criminal laws of this, or any other state, or the United States.
Notwithstanding the foregoing, it shall be the duty of members of the State Patrol and agents of the Bureau of Investigation to enter any county or incorporated municipality for the purpose of making arrests and otherwise enforcing any law of this State requiring segregation or separation of the white and colored races in any manner or activity, when request therefor is made by any citizen or official of such coun ty or municipality.
The Uniform Division of the Department of Public Safety shall not, however, usurp any of the duties or authority of the sheriffs of this State, or of the police of any incorporated village, town or city, but they shall have the right to make arrests within the corporate limits of any village, town or city in this State where the person or per sons committing or suspected of committing a criminal offense is a fugitive or is likely to be a fugitive on account of a crime committed and the assistance of the officers of the municipality cannot be readily obtained before the escape of the fugitive.
The Uniform Division of the Department of Public Safety known as the Georgia State Patrol shall have jurisdiction throughout the State of Georgia and in any county thereof, but they shall not exercise any power to suppress rioting or labor strikes or picketing, as provided by law within the limits of the incorporated municipality, or in any coun ty of this State, except upon direction of the Governor of this State on request made by the governing body of such municipality or county.
They are authorized and empowered (a) to arrest any person or persons violating the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; (b) to serve and execute warrants on property owned by the State or its departments, bureaus, commissions, or authorities; and (c) to enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities.",

WEDNESDAY, FEBRUARY 25, 1981

1H1

and substituting in lieu thereof a new Section 14 to read as follows:
"Section 14. (a) The Uniform Division of the Department of Public Safety, known as the Georgia State Patrol, shall have jurisdic tion throughout the State of Georgia with such duties and powers as are prescribed by law.
(b) It shall be the primary duty of the Georgia State Patrol to patrol the public roads and highways of this State, including interstate highways, and to safeguard the lives and property of the public, and such duty shall also include accident investigation and traffic enforce ment. The Georgia State Patrol shall prevent, detect, and investigate violations of the criminal laws of this State, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws.
(c) It shall be the further duty of the Georgia State Patrol to en force the laws of this State relating to the use, ownership, control, licensing, and registration of motor vehicles.
(d) On property owned by the State or any agency thereof, it shall be the further duty of the Georgia State Patrol:
(1) To enforce the criminal laws of this State,
(2) To apprehend and arrest any person who violates the criminal laws of this State, and
(3) To serve and execute warrants.
(e) It shall be the further duty of the Georgia State Patrol:
(1) To apprehend and arrest any person who is a fugitive from justice, and
(2) To suppress riots, labor strikes, or picketing, as provided by law, at the direction of the Governor of the State on request made by the chief of police of any municipality or the sheriff of any county.
(f) (1) It shall be the further duty of the Georgia State Patrol to make initial inquiries into, and to make arrests in connection with such initial inquiries, any situation which occurs off the public roads and highways and which occurs under circumstances where the Georgia State Patrol has reasonable grounds to believe a criminal law has been, is being, or is about to be violated.
(2) Any initial inquiry or arrest which is made pursuant to paragraph (1) of this subsection shall be initiated only if a local law en forcement office is not readily available and the member of the Georgia State Patrol reasonably believes that his failure to act could result in the commission of a criminal act or the escape of a person who has committed a criminal act. In any action taken by the Georgia State Patrol under paragraph (1), as soon as practicable under the cir cumstances, the Georgia State Patrol shall relinquish jurisdiction to the local law enforcement agency.

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(g) The Georgia State Patrol shall cooperate with all law enforce ment agencies of this State or any municipality, county, or other political subdivision thereof in enforcing the laws of this State, any other state, or the United States relating to the operation of motor vehicles. The Commissioner of Public Safety may, and in the case of a request by the Governor of Georgia shall, authorize and direct the Georgia State Patrol to cooperate with and render assistance to any law enforcement agency of this State or any municipality, county, or other political subdivision thereof in any criminal case, in the preven tion or detection of violations of any law, or in the apprehension or ar rest of persons who violate the criminal laws of this State, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality the sheriff of any county, a judge of the superior court of any county, or the Governor of Georgia.
(h) In no case where the Georgia State Patrol is exercising any power or performing any duty authorized by this section shall it usurp any of the duties or authority of any sheriff of any county, any chief of police of any municipality, or any chief of police of any county police force.
(i) The duties and powers of the Georgia State Patrol as provided in this section shall be in addition to any other duties or powers pro vided by 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 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 Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd

WEDNESDAY, FEBRUARY 25, 1981

1143

Land Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Stephens Stumbaugh Summers Sutton Tate Thompson

Those not voting were Senators:

Holloway

Howard

Timmons Trulock Turner Tysinger Walker Wessels
Starr (presiding)

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 416. By Representatives Logan of the 62nd, Reaves of the 147th, Ross of the 76th and others:
A bill to amend Code Title 32, relative to education, so as to change the name of the education loan program from the ' 'Georgia Educational Loan Program" to the "Georgia Higher Education Loan Program".
Senate Sponsor: Senator Trulock of the 10th.

The Senate Committee on Education offered the following amendment:
Amend HB 416 by striking on Page 18, line 24, the figure "$900.00", and inserting in lieu thereof the following:
"$800.00".

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker

Bell Bond Brannon

Brantley Broun of 46th Brown of 47th

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Bryant Cobb Coleman Coverdell Deal Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis

Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill Reynolds Robinson

Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bowen Dean

Holloway Hudgins

McKenzie Starr (presiding)

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 Coverdell of the 40th introduced the doctor of the day, Dr. Stephen Bethea, of Marietta, Georgia.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 202. By Representatives Mullinax of the 69th, Mostiler of the 71st, Wood of the 72nd and others:
A bill to amend an Act known as the Employment Security Law (former ly the Unemployment Compensation Law), so as to strike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount.
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:

WEDNESDAY, FEBRUARY 25, 1981

1145

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Hollo way Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Hudgins

Land

Starr (presiding)

On the passage of the bill, the yeas were 52, nays 0.

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 19 and postponed until February 23, lost on February 23 and recon sidered on February 24, was put upon its adoption:

SR 77. By Senators Robinson of the 27th, Land of the 16th, Foster of the 50th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide that the provisions shall be selfexecuting; to provide for the submission of this amendment for ratifica tion or rejection.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to as amended.

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JOURNAL OF THE SENATE

On 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 Brannon Brantley Coleman Coverdell Dean Eldridge

Engram Evans Foster Garner Greene Horton Howard Hudson Kidd Lester Littlefield

Those voting in the negative were Senators:

Allgood Brown of 47th Bryant Deal English

Fincher of 54th Gillis Hill Holloway Kennedy

Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger
McGill McKenzie Reynolds Timmons Walker

Those not voting were Senators:

Bowen Broun of 46th Cobb

Fincher of 52nd Hudgins Land

Starr (presiding) Summers Wessels

On the adoption of the resolution, the yeas were 32, nays 15.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 239. By Senator Reynolds of the 48th: A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act," so as to clarify the provisions relating to exemp tions from motor vehicles safety inspections.

WEDNESDAY, FEBRUARY 25, 1981

1147

Senator Reynolds of the 48th offered the following amendment:
Amend SB 239 by adding between the words "to" and "clarify" on line 2 of Page 1 the following:
"change and".
By striking the words and commas "boat, utility, and livestock" on lines 12 and 13 of Page 2 in their entirety.

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Hollo way Horton Howard Hudson Kennedy Kidd Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Garner Hudgins

Land Starr (presiding)

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 ame*nnrd\ce*dr\.

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JOURNAL OF THE SENATE

SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to pro vide a short title; to provide for definitions; to permit certain job-related conduct and prohibit other such conduct; to prohibit discrimination and retaliation.

Senator Barnes of the 33rd moved that SB 102 be committed to the Committee on Judiciary.

Senator Hudson of the 35th moved the previous question.

Senator Barnes of the 33rd moved to table SB 102.

Senator Starr of the 44th, who was presiding, ruled that the motion to table takes precedence.

On the motion offered by Senator Barnes of the 33rd, 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 Barnes Bell Brannon Broun of 46th Brown of 47th Bryant Coleman Coverdell

Deal English Gillis Kennedy Land Lester McGill McKenzie Reynolds

Robinson Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Barker
Bond Bowen Brantley Dean Eldridge Engram

Evans Foster
Garner Greene Hill Holloway Horton Howard

Hudson Kidd
Littlefield Scott Stephens - Stumbaugh Summers Tate

WEDNESDAY, FEBRUARY 25, 1981

1149

Those not voting were Senators:

Cobb Fincher of 52nd

Fincher of 54th Hudgins

Starr (presiding)

On the motion, the yeas were 27, nays 24; the motion prevailed, and SB 102 was placed on the Table.

The following bill of the House was read the first time and referred to commit tee:

HB 188. By Representatives Galer of the 97th, Swann of the 90th, Steinberg of the 46th and others:
A bill to amend an Act relating to the grandparents of certain children, so as to authorize the grant of visitation rights to grandparents when the parents of their grandchildren have obtained a divorce or are engaged in proceedings for divorce.
Referred to Committee on Special Judiciary.

Senator Allgood of the 22nd 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 Starr of the 44th, who was presiding, 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 26, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 and Senate:

HB 647. By Representatives Clark of the 13th, Milford of the 13th and Russell of the 64th:
A bill to amend an Act known as the "Oconee County Public Utility Authority Act", so as to change the provisions relating to the filling of vacancies in the membership of the Authority.

HB 776. By Representative Evans of the 84th:
A bill to amend an Act incorporating the City of Wrens in Jefferson Coun ty, so as to change the maximum amount of fine which may be assessed in the police court.

HB 777. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to repeal an Act providing that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in Gwinnett County.

HB 778. By Representatives Johnson and Thomas of the 66th: A bill to create the Carrollton Redevelopment Authority.

THURSDAY, FEBRUARY 26, 1981

1151

HB 788. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the Downtown Waycross Development Authority; to amplify, expand and declare the purposes and objectives of the Act; to define certain terms.

HB 798. 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; to change the provisions relating to the compensation of the mayor and members of council.

HB 799. 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 800. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the compensation of the County Com missioner of Haralson County.

HB 801. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the 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 817. By Representative Patten of the 149th:
A bill to provide that in each county of this state having a population of not less than 5,000 nor more than 5,080 according to the U.S. decennial census of 1970 or any future census, the clerk of the superior court shall receive a certain salary.

SB 127. By Senator Kidd of the 25th:
A bill to amend Code Section 91A-1111, relating to applications for homestead exemptions, as amended so as to change the time for applying for homestead exemptions in certain counties.

SB 131. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts in certain designated coun ties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County.

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JOURNAL OF THE SENATE

SB 231. By Senator Kidd of the 25th:
A bill to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for compensa tion of the members of the board in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any other future such cen sus.

SB 241. By Senator Brannon of the 51st:
A bill to abolish the Board of Commissioners of Gordon County and re create the office of commissioner of Gordon County as the governing authority thereof; to provide for a referendum; to repeal specifically cer tain Acts.

SB 152. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act relating to licensing of grain dealers, as amended, so as to change the amount and method of calculating the bond coverage required of grain dealers; to authorize the Commissioner of Agriculture to publish the names and locations of licensed grain dealers and those operations who buy grain for cash.

SB 154. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", as amended, so as to increase the minimum required bond.

SB 160. By Senator Timmons of the 11th:
A bill to add one additional judge of the superior court for the Pataula Judicial Circuit; to provide for the appointment of the first such addi tional 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.

HB 483. By Representative Hooks of the 116th:
A bill to add one additional judge of the superior court of the Southwestern Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor.

HB 531. By Representatives Culpepper of the 98th, Snow of the 1 st, Walker of the 115th and Tuten of the 153rd:
A bill to amend the "Child Support Recovery Act", so as to provide that when a responsible parent fails to pay support the Department of Human Resources is entitled to the process of garnishment or to issue an order to withold and deliver.

THURSDAY, FEBRUARY 26, 1981

1153

HB 55. By Representatives Greer of the 43rd and Adams of the 36th:
A bill to amend an Act known as ' 'The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965", to give the Authority the power to enter into contracts to acquire property from or dispose of property to the United States of America, the State of Georgia, other states of the United States, and political subdivisions thereof.

HB 719. By Representative Ralston of the 7th:
A bill to change the terms of court in each of the two counties comprising the Cherokee Judicial Circuit.

HB 662. By Representative Crosby of the 150th:
A bill to provide for one additional judge of the superior court of Waycross Judicial Circuit of Georgia.

HB 235. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the Department of Public Safety, so as to authorize the commissioner of public safety to provide security to addi tional individuals or groups designated by the Board of Public Safety.

HB 217. By Representative Daugherty of the 33rd:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the unemployment trust fund by the Secretary of the Treasury of the United States.

HB 396. By Representatives Chance of the 129th, Phillips of the 120th, Long of the 142nd and others:
A bill to amend an Act known as the "Georgia Scenic Rivers Act of 1969", so as to designate a portion of Ebenezer Creek, located "in Effingham County, as a part of the Georgia Scenic River System.

HB 502. By Representative Lambert of the 112th:
A bill to amend an Act known as the "Private Colleges and Universities Facilities Authority Act", so as to change the definition of the word "project"; to redefine the term "institution for higher education;" to restate the power of the Authority to issue bonds for the purpose of refunding or refinancing outstanding indebtedness.
HB 18. By Representatives Lambert of the 112th, Argo of the 63rd and Ramsey of the 3rd:
A bill to create the Criminal Justice Coordinating Council.

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JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 300. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Putnam County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 128. By Senator Kidd of the 25th:
A bill to amend an Act placing the Judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provi sions relating to the compensation of the judge of the probate court.

SB 129. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County so as to change the provisions relating to the compensa tion of the tax commissioner.

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the superior court of Baldwin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court.

SB 146. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an an nual salary, as amended, so as to change the provisions relating to the compensation of the sheriff.

The House has agreed to the Senate amendment to the following bills of the House:

HB 122. By Representatives Steinberg of the 46th, Swann of the 90th, Richardson of the 52nd and others:
A bill to amend Code Title 88, known as the Georgia Health Code, so as to provide for a new chapter creating a bill of rights for residents of longterm care facilities.

THURSDAY, FEBRUARY 26, 1981

1155

HB 129. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any per son to advertise for sale, sell, use, install, or have installed any device which causes an odometer to register any mileage other than the actual mileage.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 400. By Senator Brantley of the 56th:
A bill to amend an Act known as the Coastal Management Act of 1978, as amended, so as to revise the powers of the Board; to provide certain restrictions for certain designated areas.
Referred to Committee on Natural Resources and Environmental Quality.

SB 401. By Senator McKenzie of the 14th:
A bill to amend an Act empowering cities, towns, and counties, separate ly or jointly, to provide, maintain, and conduct supervised recreation systems, as amended, so as to authorize the governing authority of any recreation system to take all necessary or appropriate actions, including conveying certain property interests and entering into certain contracts.
Referred to Committee on Public Utilities.

SB 402. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Code Title 27, relating to criminal procedure, as amend ed, so as to provide an alternative method of determining the appropriate pre-trial status of persons charged with criminal offenses; to provide for conditions of release, including a cash deposit bail procedure; to provide for review of conditions of release.
Referred to Committee on Judiciary.

SB 403. By Senator Foster of the 50th:
A bill to provide that certain public officers and employees who are com pensated on a fee basis or on a salary supplemented by a fee shall disclose certain information. Referred to Committee on Governmental Operations.

SR 119. By Senator McKenzie of the 14th:
A resolution to provide for construction of certain covenant agreements made between the State Properties Commission, acting for and on behalf of the State of Georgia, and the Macon County Recreation Commission

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JOURNAL OF THE SENATE

as authorized by Resolution Act No. 103 passed by the 1976 Regular Ses sion of the General Assembly.
Referred to Committee on Public Utilities.

The following bills of the House were read the first time and referred to com mittees:

HB 18. By Representatives Lambert of the 112th, Argo of the 63rd and Ramsey of the 3rd:
A bill to create the Criminal Justice Coordinating Council. Referred to Committee on Special Judiciary.

HB 55. By Representatives Greer of the 43rd and Adams of the 36th:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Tran sit Authority Act of 1965", to give the Authority the power to enter into contracts to acquire property from or dispose of property to the United States of America, the State of Georgia, other states of the United States and political subdivisions thereof.
Referred to Committee on County and Urban Affairs--GEN.

HB 217. By Representative Daugherty of the 33rd:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the unemployment trust fund by the Secretary of the Treasury of the United States.
Referred to Committee on Appropriations.

HB 235. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the Department of Public Safety, so as to authorize the commissioner of public safety to provide security to addi tional individuals or groups designated by the Board of Public Safety.
Referred to Committee on Public Safety.

HB 396. By Representatives Chance of the 129th, Phillips of the 120th, Long of the 142nd and others:
A bill to amend an Act known as the "Georgia Scenic Rivers Act of 1969", so as to designate a portion of Ebenezer Creek, located in Effingham County, as a part of the Georgia Scenic River System.
Referred to Committee on Natural Resources and Environmental Quality.

THURSDAY, FEBRUARY 26, 1981

1157

HB 483. By Representative Hooks of the 116th:
A bill to add one additional judge of the superior court of the Southwestern Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor. Referred to Committee on Judiciary.

HB 502. By Representative Lambert of the 112th:
A bill to amend an Act known as the "Private Colleges and Universities Facilities Authority Act", so as to change the definition of the word "project"; to redefine the term "institution for higher education"; to restate the power of the Authority to issue bonds for the purpose of refunding or refinancing outstanding indebtedness.
Referred to Committee on Higher Education.

HB 531. By Representatives Culpepper of the 98th, Snow of the 1 st, Walker of the 115thandTutenof the 153rd:
A bill to amend the "Child Support Recovery Act", so as to provide that when a responsible parent fails to pay support the Department of Human Resources is entitled to the process of garnishment or to issue an order to withold and deliver.
Referred to Committee on Special Judiciary.

HB 662. By Representative Crosby of the 150th:
A bill to provide for one additional judge of the superior courts of Waycross Judicial Circuit of Georgia. Referred to Committee on Judiciary.

HB 719. By Representative Ralston of the 7th:
A bill to change the terms of court in each of the two counties comprising the Cherokee Judicial Circuit. Referred to Committee on Judiciary.

HB 647. By Representatives Clark of the 13th, Milford of the 13th and Russell of the 64th:
A bill to amend an Act known as the "Oconee County Public Utility Authority Act", so as to change the provisions relating to the filling of vacancies in the membership of the Authority.
Referred to Committee on County and Urban Affairs.

HB 776. By Representative Evans of the 84th:
A bill to amend an Act incorporating the City of Wrens in Jefferson Coun ty, so as to change the maximum amount of the fine which may be as sessed in the police court. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE

HB 777. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to repeal an Act providing that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in Gwinnett County.
Referred to Committee on County and Urban Affairs.

HB 778. By Representatives Johnson and Thomas of the 66th:
A bill to create the Carrollton Redevelopment Authority. Referred to Committee on County and Urban Affairs.

HB 788. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the Downtown Waycross Development Authority; to amplify, expand and declare the purposes and objectives of the Act; to define certain terms. Referred to Committee on County and Urban Affairs.

HB 798. 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; to change the provisions relating to the compensation of the mayor and members of council.
Referred to Committee on County and Urban Affairs.

HB 799. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County, so as to change the compensation of the Treasurer of Haralson County.
Referred to Committee on County and Urban Affairs.

HB 800. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the compensation of the County Com missioner of Haralson County. Referred to Committee on County and Urban Affairs.

HB 801. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the 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 County and Urban Affairs.

THURSDAY, FEBRUARY 26, 1981

1159

HB 817. By Representative Patten of the 149th:
A bill to provide that in each county of this state having a population of not less than 5,000 nor more than 5,080 according to the U. S. decennial census of 1970 or any future such census, the clerk of the superior court shall receive a certain salary. Referred to Committee on County and Urban Affairs.
The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on Agriculture 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 97. Do pass. SR 113. Do pass.

Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 50. Do pass as amended.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on Consumer Affairs has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 313. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

1160 Mr. President:

JOURNAL OF THE SENATE

Your Committee on Education 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 93. Do pass as amended.

Respectfully submitted, Senator Foster of the 50th 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 following recommendations:

HB 126. Do pass. HB 248. Do pass by substitute.

Respectfully submitted, Senator Foster of the 50th District, Chairman

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 344. SB 383. HB 197. HB 279.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

THURSDAY, FEBRUARY 26, 1981

1161

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 405. Do pass as amended. HB 406. Do pass as amended.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Higher Education has had under consideration the follow ing bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HR 260. Do pass. HB 358. 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 has instructed me to report the same back to the Senate with the following recommendations:

SB 315. Do pass. SB 346. Do pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

1162 Mr. President:

JOURNAL OF THE SENATE

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 238. SB 298. SB 306. SB 318. HB 64. HB 102. HB 230.

Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass as amended.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

Your Committee on Natural Resources and Environmental Quality has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recom mendations:

SR 4. SB 387. HB 379. HB 380. HB 403. HB 426. HB 540.

Do not pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

THURSDAY, FEBRUARY 26, 1981

1163

Mr. President:

Your Committee on Public Utilities 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:

HB 528. SR 111. SR 106.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:

Your Committee on Special Judiciary has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate
with the following recommendations:

HB 23. HB 58. HB 371. HB 377. HB 554.

Do pass. Do pass. Do pass. Do pass as amended. Do pass.

Mr. President:

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Your Committee on Transportation 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 397. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

1164

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 240. By Senator Scott of the 43rd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to exhaustively and completely codify, revise, clarify, consolidate, modernize, and supersede Code Chapter 56-27, relating to group life insurance; to provide that no policy of group life insurance shall be delivered in this state unless it conforms to certain requirements.

SB 319. By Senators Greene of the 26th and Lester of the 23rd:
A bill to amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide optional coverage for certain medical or surgical procedures performed on an out-patient basis; to provide for clarification; to provide for other matters relative to the foregoing.

SB 342. By Senators Evans of the 37th and Hudson of the 35th:
A bill to amend an Act providing that all government buildings, public buildings, and facilities newly constructed or substantially renovated shall be accessible to and usable by handicapped, elderly, and disabled persons, as amended, so as to change the definitions to reflect specific standards.

SB 365. By Senator Hudgins of the 15th:
A bill to amend an Act requiring safe construction and installation of boilers and pressure vessels, as amended, so as to define certain terms; to provide for the inspection of certain boilers and pressure vessels.

SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provisions relating to the application of said Code chapter.

SR 13. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to designate that part or all of the proceeds of any tax now or hereafter levied and collected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse; to provide for the submis sion of this amendment for ratification or rejection.

THURSDAY, FEBRUARY 26, 1981

1165

SR 85. By Senators Cobb of the 28th, Timmons of the 11th, Brannon of the 51st and others:
A resolution creating the Joint Study Committee on Drug and Narcotic Abuse.

HB 29. By Representative Savage of the 25th:
A bill to amend Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, so as to change the provisions relating to the appointment of members.

HB 30. By Representative Savage of the 25th:
A bill to amend Code Section 88-2010, relating to cornea and eye removal by medical examiners and physicians, so as to correct a reference; to pro vide for conditions of corneal tissue removal; to amend the "Georgia Post Mortem Examination Act''.

HB 42. By Representatives Childs of the 51st, Collins of the 144th, Robinson of the 58th 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 com panies.

HB 84. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and Mann of the 13th:
A bill to amend Code Section 88-3114, relating to liability for emergency care, so as to provide immunity for certain conduct by physicians as medical advisers to ambulance services.

HB 124. 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 surviving spouses or former spouses.

HB 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others:
A bill to provide a new Code Title 34C, "Electric Membership Corpora tions".

1166

JOURNAL OF THE SENATE

HB 206. By Representatives Richardson of the 52nd, Martin of the 60th, Dent of the 85th and others:
A bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act", so as to change the method of appointment of members of the Board of Examiners of Speech Pathology and Audiology.

HB 309. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to require the Georgia Drugs and Narcotics Agency annually to compile and submit to the General Assembly lists of dangerous drugs and other dangerous or detrimental drugs and devices.

HB 613. By Representatives Sizemore of the 136th and Branch of the 137th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of Georgia pertaining to the City of Ashburn in the County of Turner, to provide a new Charter therefor.

HB 703. By Representative Dover of the 11th:
A bill to create a new charter for the City of Clarkesville in the County of Habersham.

HB 704. By Representative Dover of the 11th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the compensation of the coroner.

HB 705. By Representative Dover of the 11th:
A bill to amend an Act entitled "An Act to provide for a secretary for the Solicitor of the State Court of Habersham County"; to fix the compensa tion for such secretary and provide for payment of same.

HB 706. By Representative Dover of the 11 th:
A bill to amend an Act creating and establishing the State Court of Haber sham County (formerly the City Court of Habersham County), so as to change the compensation of the judge and solicitor of said court.

HB 711. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Wadley, so as to change certain provisions relating to eligibility to serve as and ser vice as recorder.

THURSDAY, FEBRUARY 26, 1981

1167

HB 714. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change the compensation of the board members.

HB 715. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court and the clerical help of the clerk of the superior court.

HB 736. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer; to provide an expense allowance for said officer.

HB 752. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation provisions relating to the clerk of the Superior Court and the judge of the Probate Court of Greene County; to change the compensation provisions relating to clerical help in such offices; to change the compensation provisions relating to the coroner.

HB 753. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act consolidating the offices of tax receive* and tax collector of Greene County into the one office of tax commissioner of Greene County, so as to change the compensation provisions relating to the tax commissioner; to provide compensation for clerical help.

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 375. By Senators Coleman of the 1st and Wessels of the 2nd:
A bill to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to extend the corporate limits of the City of Savannah.

1168

JOURNAL OF THE SENATE

Senators Wessels of the 2nd and Coleman of the 1st offered the following amendment:

Amend SB 375 on Page 2, line 10, by striking the words "right-of-line of" and inserting in lieu thereof the following:
"right-of-way line of'.

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 373. By Senator Foster of the 50th:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Gilmer County, as amended, so as to change the provisions relating to the compensation of the clerk and the deputy clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 374. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, as amended, so as to change the provisions relating to the sheriff's deputies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

THURSDAY, FEBRUARY 26, 1981

1169

The bill, having received the requisite constitutional majority, was passed.

SB 376. By Senators Coleman of the 1st, Bryant of the 3rd and Wessels of the 2nd:
A bill to amend an Act providing for the creation of the "Savannah Tran sit Authority," as amended, so as to provide for appointment of members of the authority and their terms of office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 377. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a board of commissioners for Cobb Coun ty, Georgia, as amended, so as to change the compensation provisions relating to the chairman and members of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 498. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relating to the compensation of the commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1170

JOURNAL OF THE SENATE

HB 499. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the judge of the Pro bate Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 500. By Representative Phillips of the 120th:
A bill to amend an Act providing an annual salary for the sheriff of Wheeler County, so as to change the provisions relating to the compensa tion of the sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 598. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 26, 1981

1171

HB 599. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commis sioner of Heard County, so as to change the compensation of the tax com missioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 600. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 601. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1172

JOURNAL OF THE SENATE

HB 602. By Representatives Ware of the 68th and Thomas and Johnson of the 66th:
A bill to amend an Act to create the office of Commissioner of Heard County, so as to change the compensation of the commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 617. By Representative Jones of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an an nual salary in lieu of the fee system of compensation, so as to change the compensation for such officer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 618. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the com pensation for said officer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 620. By Representative Jones of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and pro viding in lieu thereof an annual salary for said officer, so as to change the compensation of said officer.

THURSDAY, FEBRUARY 26, 1981

1173

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 621. By Representative Jones of the 78th:
A bill to amend an Act placing the Judge of the Probate Court compensa tion for said officer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 631. By Representative Sizemore of the 136th:
A bill to repeal certain obsolete or superseded laws relating in whole or in part to Worth County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 659. By Representative Ralston of the 7th:
A bill to incorporate the Town of Resaca in the County of Gordon and provide a charter therefor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1174

JOURNAL OF THE SENATE

HB 668. By Representative Ramsey of the 3rd:
A bill to create the Chatsworth-Murray County Water and Sewerage 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 671. By Representative Bargeron of the 83rd: A bill to amend an Act creating a new charter for the City of Louisville, so as to change the maximum amount of fines which may be levied by the police court 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 673. By Representatives Hooks 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 jurisdiction of the court; to provide for the deposit of costs; to change certain fees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 26, 1981

1175

HB 675. By Representative Adams of the 79th:
A bill to create and establish a Small Claims Court of Upson County; to provide for the initial 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 676. By Representative Adams of the 79th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, so as to change the mode of compensation 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 679. By Representatives Thomas and Johnson of the 66th: A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1176

JOURNAL OF THE SENATE

HB 680. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for certain audit re quirements; to provide requirements as to meetings 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 681. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating and establishing an airport authority for Gwinnett County, so as to provide for certain audit requirements; to pro vide requirements as to meetings 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 682. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Public Facilities Authority, so as to provide for certain audit requirements; to provide re quirements as to meetings 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 26, 1981

1177

HB 683. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to amend an Act creating the Gwinnett County Recreation Authori ty, so as to provide for certain audit requirements; to provide re quirements as to meetings 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 684. By Representatives Phillips of the 59th, Wall of the 61st and Martin of the 60th:
A bill to change certain provisions relating to the Gwinnett Industrial Building Authority, so as to provide authority for certain amendments.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 687. By Representative Irvin of the 10th:
A bill to amend an Act creating a Small Claims Court in and for Stephens County, so as to remove the minimum jurisdictional amount; to increase 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 688. By Representative Rainey of the 135th:
A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to create new education districts for election of members of the board.

1178

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not answering were Senators:

Broun of 46th Horton

Summers

Tysinger

Senator Howard of the 42nd introduced the chaplain of the day, Dr. Garnett M. Wilder, pastor of the Decatur First Methodist Church, Decatur, Georgia, who of fered scripture reading and prayer.

The following resolutions of the Senate and House, favorably reported by the committees, were put upon their adoption:

SR 97. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A resolution urging the Farmers Home Administration to accelerate its action on loan applications of farmers.

THURSDAY, FEBRUARY 26, 1981

1179

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

The resolution was adopted.

HR 260. By Representatives Fuller of the 27th, Buck of the 95th, Logan of the 62nd and others:
A resolution urging officials of the Board of Regents and the Georgia In stitute of Technology to begin construction of additional student housing.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

The resolution was adopted.

Senator Lester of the 23rd moved that the following bill of the House be withdrawn from the Committee on Human Resources and committed to the Com mittee on Banking, Finance and Insurance:

HB 604. By Representatives Edwards of the 110th, Fuller of the 16th, Childers of the 15th 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 which provide coverage for services within the scope of an optometrist duly licensed to practice in this State shall provide that such reimbursements are payable regardless of whether such services are performed by a doctor of medicine or by an optometrist.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 604 was withdrawn from the Committee on Human Resources and committed to the Com mittee on Banking, Finance and Insurance.

Senator Dean of the 31st moved that the following bill of the House be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs--GEN.

HB 413. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act known as the Municipal Home Rule Act of 1965, so as to provide for extending retirement and other benefits to members of the municipal governing authority.

1180

JOURNAL OF THE SENATE

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 413 was withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs--GEN.

Senator Hudgins of the 15th gave notice that, at the proper time, he would move to disagree with the committee report which was adverse to the adoption of the following resolution of the Senate:

SR 4. By Senator Hudgins of the 15th:
A resolution authorizing and directing the Board of Natural Resources to declare a moratorium on the trapping of fur-bearing animals.

SENATE RULES CALENDAR
Thursday, February 26, 1981
TWENTY-SEVENTH LEGISLATIVE DAY
SB 320. Sexual Assault in First and Second Degree--define crimes (AMENDMENT) (Gov Op--43rd)
HB 143. Child Abuse Reports--change requirements (SUBSTITUTE) (AMENDMENT) (Hum R-42nd)
HB 203. Persons Subject to Domestic Violence--shelters (AMENDMENT) (Judy--33rd)
HB 182. Peace Officers' Annuity and Benefit Fund--benefits (Ret--31st) SR 70. Senate Electric Utility Holding Company Study Committee--create
(AMENDMENT) (Pub U--9th) SB 352. Prison Employees--compensation for certain personal property loss (Off
R--4th) SB 32. Board of Dispensing Opticians--redefine "dispensing optician"
(SUBSTITUTE) (Hum R-25th) HR 93. Clinch County--conveyance of State-owned property (Pub U--7th) SB 70. Criminal Issuance of Bad Check--penalty provisions (SUBSTITUTE)
(Judy-36th) SB 322. Money Traceable to Exchange for Marijuana--forfeiture (Judy--26th) SB 307. Boat Safety Act--revise declaration of policy (AMENDMENT)
(NREQ_-40th) HB 319. Securing Loads on Vehicles--exempt vehicle carrying silage (Trns--48th) HB 250. Sheriffs' Retirement--maximum period for payment of dues (Ret--9th)

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1181

HB 270. Superior Court Judges' Retirement--provisions on mandatory retirement (SUBSTITUTE) (Ret-9th)
HB 210. Public School Employees' Retirement--additional death benefits (Ret-43rd)
SB 301. Prisoners--outside work during inclement weather certain conditions (Off R-16th)
HB 199. State Employee Deferred Compensation Program--state authorities (Gov Op-25th)
SR 66. Camden County--conveyance of certain State-owned real property (Pub U-6th)
HR 65. Murray County State-Owned Property--deed of correction (Pub U--54th)
SB 220. Medical Assistance--unlawful to obtain under certain circumstances (AMENDMENT) (Hum R-42nd)
SR 37. Senate State Department Performance Audit Study Committee--create (Rules--37th)
HB 402. Motor Vehicle Odometer Readings--shown on certificate of title (Trns-48th)
SR 80. State and the Arts Joint Study Committee--create (Gov Op--37th)
HB 26. Firemen's Retirement--increase (Ret--46th)
HB 274. Superior Court Clerks--funds to surviving spouse (Ret--15th)
SB 83. Dangerous Incidents Involving Compressed Gases--immunity for assistance (Judy--28th)

Respectfully submitted,
I si Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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 320. By Senators Scott of the 43rd and Kidd of the 25th:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to define crimes of sexual assault in the first degree and sexual assault in the second degree; to define other terms; to provide penalties.

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Senator Evans of the 37th offered the following amendment:

Amend SB 320 by striking on Page 1, line 2, the word "crimes" and inserting in lieu thereof the word "crime'';
and
By striking every word on Page 1, line 3, after the first word "assault";
and
By striking on Page 1, line 4, the word "degree";
and
By striking on Page 1, lines 23 through 27 and on Page 2, lines 1 through 11 in their entirety;
and
By striking on Page 2, lines 12 and 13 and lines 17 and 18 the phrase "in the second degree";
and
By changing the "(c)" on Page 2, line 12, to "(b)".

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster

Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd

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H 83

Land Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Sutton Tate

Those not voting were Senators:

Bowen Broun of 46th

Summers

Thompson Timmons Trulock Turner Walker Wessels
Tysinger

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 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following substitute to HB 143:

A BILL
To be entitled an Act to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, as amended, so as to change who is required to make certain reports; to change certain conditions; to require reports of sexual ex ploitation of children and to provide a definition thereof; to require that certain photographs be made available to the chief welfare agency pro viding protective custody and to the appropriate police authority; to change when reports shall be made; 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 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, as amended, is hereby amended by striking in its entirety the first paragraph of subsec tion (a) of said Code section and inserting in lieu thereof a new first paragraph to read as follows:

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"(a) Reports by Physicians, Treating Personnel, Institutions and Others. Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amend ed, licensed osteopathic physician, intern, resident, all other hospital or medical personnel, dentist, psychologist, podiatrist, nursing per sonnel, social work personnel, school teachers and administrators, school guidance counselors, child care personnel, day care personnel or law enforcement personnel having reasonable cause to believe that a child under the age of eighteen has had physical injury or injuries in flicted upon him other than by accidental means by a parent or caretaker, or has been neglected or exploited by a parent or caretaker, or has been sexually assaulted or sexually exploited, shall report or cause reports to be made in accordance with the provisions of this sec tion: provided, however, that when the attendance of the reporting person with respect to a child is pursuant to the performance of ser vices as a member of the staff of a hospital, school, social agency or similar facility, he shall notify the person in charge of the facility or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this section."
Section 2. Said Code section is further amended by adding at the end of subsection (a] the following new paragraph:
"For purposes of this subsection (a), a child is sexually exploited when the child's parent or caretaker allows, permits, encourages, or requires such child to engage in prostitution, as defined in Code Sec tion 26-2012, as now or hereafter amended, or allows, permits en courages, or requires such child to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in an Act approved April 10, 1978 (Ga. Laws 1978, p. 2193), as now or hereafter amended."
Section 3. Said Code section is further amended by striking in its en tirety subsection jb) thereof and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) Nature and content of report; to whom made. An oral report shall be made as soon as possible by telephone or otherwise, and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an ap propriate police authority. Such reports shall contain the name and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (including any evidence of previous injuries), and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school of ficials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Provided, however, that any photograph taken pursuant to this Code Section shall be taken in a manner which shall not reveal the identity of the subject and such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."

THURSDAY, FEBRUARY 26, 1981

1185

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.

Senators Greene of the 26th and Howard of the 42nd offered the following amendment:

Amend the substitute to HB 143 offered by the Senate Committee on Human Resources by striking on Page 3, line 11, the period and inserting in lieu thereof the following:
"or District Attorney. If a report of child abuse, sexual assault, or sexual exploitation is made to said child welfare agency or in dependently discovered by said agency, and substantiated by said agency, said agency shall immediately notify the appropriate police authority or District Attorney."

On the adoption of the amendment, the yeas were 35, nays 1, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 39, 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 Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell Deal
Dean

Eldridge English Engram Evans
Fincher of 54th Foster Garner Gillis Greene
Hill Horton Howard
Hudgins Hudson Kennedy Kidd
Land

Lester Littlefield McGill McKenzie
Reynolds Robinson Scott Starr Stephens
Stumbaugh Sutton Tate
Thompson Trulock Turner Walker
Wessels

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Those not voting were Senators:

Fincher of 52nd Holloway

Summers Timmons

On the passage of the bill, the yeas were 51, nays 0.

Tysinger

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 203. By Representatives Thompson and Wilson of the 19th, Harris of the 8th and others:
A bill to provide for domestic violence shelters for the purpose of tem porarily caring for persons who are subject to domestic violence.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 203 by adding on Page 4, line 16, after the word "basis", the following:
",with the exception of persons 17 years of age or younger who shall be admitted in accordance with Code Title 24A, the Juvenile Court Code of Georgia, or by the request of the parent".

On the adoption of the amendment, the yeas were 33, nays 0, and the commit tee amendment was adopted.

Senator Ballard of the 45th offered the following amendment:

Amend HB 203 by striking the word "domestic" wherever it appears on Pages 1, 2, 3 and 4, and inserting in lieu thereof the word "family".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment offered by Senator Ballard of the 45th was adopted.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 203 by adding in Section 3 a new paragraph (4) to read as follows:

THURSDAY, FEBRUARY 26, 1981

1187

"(4) Be licensed as a personal care home by the Department, pro vided, however, that the Department may waive those rules which are not applicable."

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment offered by Senator Barnes of the 33rd was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Brannon

Greene

Robinson

Those not voting were Senators:

Fincher of 52nd Holloway

Summers Timmons

Ty singer

On the passage of the bill, the yeas were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Barnes of the 33rd moved that HB 203 be immediately transmitted to the House.

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On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 203 was immediately transmitted to the House.

HB 182. By Representatives Murphy of the 18th, Johnson of the 72nd, Coleman of the 118th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.
Senate Sponsor: Senator Dean of the 31st.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1981

SUBJECT: Fiscal Note-House Bill 182 Peace Officers' Annuity and Benefit Fund

This Bill would increase the normal monthly retirement benefit from $10 per year of service to $12 per year of service and would increase the disability retirement benefit from $150 per month to $175 per month. The Bill would also extend benefits to the members' spouses if an active member dies after becoming eligible for a retirement benefit but before actual retirement. The increased benefits provided by this legislation would apply to both current and future retirees.

According to an actuarial letter dated January 16, 1981, this Bill would increase the Fund's annual pension accrual cost from $3,036,660 to $4,052,796. The actuary indicated, however, that the Fund would re main in an actuarially sound funding position provided the revenue received from court fines remained at least at its current level. In 1980 the Fund received $3.9 million from court fines; for 1981 the Fund ex pects to receive $4.1 million from court fines.

Is/ William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

THURSDAY, FEBRUARY 26, 1981

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Hollo way Horton Howard Hudgins Kennedy Kidd Land Lester

Those not voting were Senators:

Fincher of 52nd Hudson

Summers

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Tysinger

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 70. By Senators Sutton of the 9th, Trulock of the 10th, Evans of the 37th and others:
A resolution creating the Senate Electric Utility Holding Company Study Committee.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 70 by adding on Page 2, line 27, after the following: "Lieutenant Governor.",

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the following:
"At least three members shall be appointed from among the membership of the Public Utilities Committee of the Senate, and one of those three shall be the chairman of the Public Utilities Committee of the Senate."

On the adoption of the amendment, the yeas were 36, nays 0, and the commit tee amendment was adopted.

Senator Evans of the 37th offered the following amendment:

Amend SR 70 by deleting on Page 2 at line 26 the word "five" and substituting in lieu thereof the following: "seven".

On the adoption of the amendment, the yeas were 40, nays 2, and the amend ment offered by Senator Evans of the 37th was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion 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 Bowen Brannon Brantley
Brown of 47th Bryant
Cobb Coleman Coverdell
Deal Dean Eldridge English

Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Holloway Horton
Howard Hudgins Hudson
Kennedy Kidd Land

Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens
Stumbaugh Sutton
Thompson Timmons Trulock
Turner Walker Wessels

THURSDAY, FEBRUARY 26, 1981

1191

Those not voting were Senators:

Broun of 46th

Tate

Summers

Tysinger

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 352. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public works camps, and prisoners, as amended, so as to provide compensation to employees of penal institutions operated by the Department of Offender Rehabilitation for certain personal property losses sustained through in mate 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Gamer Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Hudgins

Summers

Tysinger

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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.

The following general bill of the Senate, having been read the third time on February 16 and committed to the Committee on Human Resources, and favorably reported by the committee, was put upon its passage:

SB 32. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Dispensing Opticians, as amended, so as to change the definition of the term "dispensing opti cian"; to change the provisions relating to continuing education re quirements.

The Senate Committee on Human Resources offered the following substitute to SB 32:
A BILL
To be entitled an Act to amend an Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended, so as to change the definition of the term "dispensing optician"; to prohibit the fitting of contact lenses except under certain conditions; to change the provisions relating to continuing education re quirements; 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 Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. A dispensing optician is defined as one who prepares, fits, or dispenses lenses, spectacles, eyeglasses, contact lenses, and optical devices to the intended user thereof as specifically directed or authorized on the written prescription of a physician or optometrist, duly licensed to practice his profession; provided, however, that no dispensing optician may fit contact lenses unless said dispensing opti cian is certified to do so pursuant to Section 4.1 of this Act. A dis pensing optician may duplicate lenses without prescription, provided that said dispensing optician shall not substitute contact lenses for spectacles, eyeglasses, or other optical devices except as otherwise authorized herein or engage in the diagnosis of the diseases of the human eye or attempt to determine the refractive powers of the human eyes or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings. A dispensing optician who

THURSDAY, FEBRUARY 26, 1981

1193

qualifies under this Act shall be determined and recognized as engag ing in a lawful trade or occupation in the State of Georgia; the State Board of Dispensing Opticians shall have exclusive jurisdiction in the enforcement of this Act over all persons engaged in business as dispensing opticians, whether licensed or unlicensed; provided, however, that nothing herein contained shall be construed as limiting or in anywise abrogating the power or authority of any board or com mission created under any of the laws of Georgia defining and regulating any profession, to enforce the provisions of such respective laws, or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of dispensing optician."
Section 2. Said Act is further amended by adding after Section 4 thereof a new Section 4.1 to read as follows:
"Section 4.1. (a) To be eligible to fit contact lenses, a person must be a licensed dispensing optician and be certified by the board to fit contact lenses. A person may be so certified by meeting any of the following criteria:
(1) Meeting those qualifications relating to the fitting of contact lenses which shall have been jointly approved no later than December 31, 1981, by the State Board of Dispensing Opticians, the Georgia State Board of Examiners in Optometry, and the Composite State Board of Medical Examiners. Such qualifications shall be designed to insure specific job competency relating to the fitting of contact lenses.
(2) Holding a dispensing optician's license from another state hav ing qualifications for the fitting of contact lenses at least as high as those provided in paragraph (1) of this subsection (a) and which state has authorized such person to fit contact lenses in that state.
(3) Holding a dispensing optician's license in this state and having fitted contact lenses in this state prior to January 1, 1981. Proof of such prior experience in fitting contact lenses shall be made by an af fidavit, signed by an optometrist or physician licensed in this state, certifying to such prior experience. No person may be certified under this paragraph unless such affidavit is submitted to the board by December 31,1982.
(b) Any licensed dispensing optician certified to fit contact lenses under subsection (a) shall direct the contact lens wearer to return to the prescribing physician or optometrist for an evaluation upon com pletion of the fitting when the prescribing physician or optometrist so directs."
Section 3. Said Act is further amended by striking from subsection (a) of Section 11A the following:
"four",
and inserting in lieu thereof the following:
"six",

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so that when so amended subsection (a) shall read as follows:
"(a) Each person who holds a license as a dispensing optician shall be required to complete a course of continuing education of six hours prior to each renewal of such license."
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 Engram of the 34th moved that she be excused from voting on SB 32, stating that she had a personal interest in the results.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Engram of the 34th was excused from voting on SB 32.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge

Evans Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Littlefield Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Wessels

THURSDAY, FEBRUARY 26, 1981

1195

Those voting in the negative were Senators:

Ballard Barker
Broun of 46th Deal

English Gillis Lester

Those not voting were Senators:

Engram( excused) Fincher of 52nd

Holloway McKenzie

McGill Starr Walker
Summers Tysinger

On the passage of the bill, the yeas were 40, nays 10.
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 387. By Representative Phillips of the 91st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act'', so as to provide limitations on the State Board of Educa tion to promulgate rules or regulations or establish standards and re quirements for certain programs not fully funded by appropriations by General Assembly.

The House insists on its position in amending the following bill of the Senate:

SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continu ing education as a prerequisite for the renewal for licenses.

The following general resolution of the House and 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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HR 93. By Representative Crosby of the 150th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to convey certain State-owned real proper ty located in Clinch County, Georgia, to the City of Homerville, and the acceptance of certain property owned by the City of Homerville, located in Clinch County, Georgia, in consideration therefor.
Senate Sponsor: Senator Eldridge of the 7th.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Land

Lester McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Holloway Kidd

Littlefield McKenzie

Summers Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Starr of the 44th assumed the Chair at the direction of the President.

THURSDAY, FEBRUARY 26, 1981

1197

SB 70. By Senators Stephens of the 36th, Wessels of the 2nd and Gillis of the 20th:
A bill to amend Code Section 26-1704, relating to bad checks, as amend ed, so as to change the penalty provisions relating to the criminal is suance of a bad check.

The Senate Committee on Judiciary offered the following substitute to SB 70:

A BILL
To be entitled an Act to amend Code Section 26-1704, relating to bad checks, as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1147), so as to change the penalty provisions relating to the criminal issuance of a bad check; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-1704, relating to bad checks, as amend ed, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1147), is hereby amended by striking subsection (b) in its entirety and in serting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Except as provided in paragraph (2) of this subsection and subsection (c), a person convicted of the crime of criminal issuance of a bad check, as provided in subsection (a) above, shall be guilty of a misdemeanor and shall be punished as follows:
(A) When the check is for less than $ 100.00:
(i) First offense: a fine of not less than $50.00 nor more than $100.00;
(ii) Second offense: a fine of not less than $100.00 nor more than $200.00 or imprisonment not to exceed 30 days, or both; and
(iii) Third and subsequent offenses: a fine of not less than $200.00 nor more than $400.00 or imprisonment not to exceed three months, or both.
(B) When the check is for $ 100.00 or more but less than $500.00:
(i) First offense: a fine of not less than $100.00 nor more than $200.00;
(ii) Second offense: a fine of not less than $200.00 nor more than $400.00 or imprisonment not to exceed three months, or both; and
(iii) Third and subsequent offenses: a fine of not less than $400.00 nor more than $800.00 or imprisonment not to exceed 12 months, or both.

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(C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this subsection.
(2) Except as provided in subsection (c), a person convicted of the crime of criminal issuance of a bad check, as provided in subsection (a) above, when the check is for $500.00 or more, shall be guilty of a felony and shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.
(3) For the purposes of this subsection, the penalty for a second or subsequent offense shall apply regardless of the subparagraph under which the person has been previously convicted.
(4) The sentence ordered under this subsection for a second or subsequent offense shall not be suspended, probated, deferred, or withheld.
(5) Upon conviction of a first and any subsequent offense under this subsection or subsection (c), in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 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 Bell
Bond Bowen Brannon Brantley
Brown of 47th Bryant Cobb

Coverdell Deal Dean
Eldridge English Engram Evans
Fincher of 52nd Foster Garner

Gillis Greene Hill
Horton Howard Hudgins Hudson
Kennedy Kidd Land

THURSDAY, FEBRUARY 26, 1981

1199

Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Stephens Stumbaugh Sutton Tate Thompson

Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Allgood Barnes Broun of 46th

Coleman Fincher of 54th Holloway

Starr (presiding) Summers Tysinger

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 322. By Senator Greene of the 26th:
A bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act", as amended, so as to provide for forfeiture of money, negotiable instruments, securities and other things of value under certain circumstances.

Senator Greene of the 26th offered the following amendment:

Amend SB 322 by adding "(a)" on line 12, Page 1, after "(6)" and by adding "(a)" after "(6)" online 13, Page 1.

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker
Barnes Bell Bond

Bowen Brannon
Brantley Brown of 47th Bryant

Cobb Coleman
Coverdell Deal Dean

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JOURNAL OF THE SENATE

Eldridge English Engram Fincher of 54th Foster
Garner Gillis Greene
Hill Horton Howard

Hudgins Hudson Kennedy Land Lester
Littlefield McGill McKenzie
Reynolds Robinson Scott

Stephens Stumbaugh Sutton Tate Thompson
Timmons Trulock Turner
Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th
Evans

Fincher of 52nd Holloway
Kidd

Starr (presiding) Summers
Tysinger

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 307. By Senators Coverdell of the 40th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Boat Safety Act", as amended, so as to revise the declaration of policy; to provide a definition for the term "marine event"; to revise the numbering exemption for rac ing vessels; to correct a typographical error pertaining to the fees for vessel certificates of number.

Senator Coverdell of the 40th moved that SB 307 be postponed until Monday, March 2.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 307 was postponed until Monday, March 2.

HB 319. By Representatives Irvin of the 10th, Twiggs of the 4th, Harris of the 8th and others:
A bill to amend Code Section 95A-955, relating to securing loads on vehicles, so as to provide an exemption from the requirements of that Code Section for vehicles carrying silage.
Senate Sponsor: Senator Reynolds of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 26, 1981

1201

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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Allgood Broun of 46th Fincher of 52nd

Hollo way Hudgins Starr (presiding)

Summers Tate Tysinger

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 210. By Representatives Childs of the 51st, Smith of the 152nd, Cummings of the 17th and others: A bill to amend an Act known as the "Act Creating the Public School Employees Retirement System", so as to provide for additional death benefits. Senate Sponsor: Senator Scott of the 43rd.

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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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1981

SUBJECT: Fiscal Note-House Bill 210 Public School Employees' Retirement System

This Bill would allow designated beneficiaries of members who die before retirement but who have at least 10 years of service and who have attained age 60 to receive a decreased retirement benefit for life. Cur rently, a member's designated beneficiary would receive a lump sum re fund of the member's contribution plus interest.

The exact fiscal impact of this Bill cannot be estimated since the number of beneficiaries that would qualify for this provision cannot be
determined. Based on the average number of years' service of members (17 years) who could be potentially affected by this Bill, the cost to the System during the lifetime of each beneficiary would be approximately $22,000. Because most of the current, eligible members received prior service credit without having to contribute, the amount of the employee contributions currently refunded to members' beneficiaries is less than $500. Based on the current contribution rate, beneficiaries of the average member with 17 years' service would be refunded approximately $1,200. It is estimated that approximately 12 persons would be affected by the provisions of this Bill each year.

Is/ William M. Nixon State Auditor

Is/ 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.
On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 26, 1981

1203

Those voting in the affirmative were Senators:

Ballard Barker Bell Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Allgood Barnes Bond Bowen

Broun of 46th Fincher of 52nd Holloway

Starr (presiding) Summers Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 301. By Senator Land of the 16th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, as amend ed, so as to require outside work of certain inmates of penal institutions during inclement weather under certain conditions; to provide for super vision.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bowen

Brantley Brown of 47th Bryant

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JOURNAL OF THE SENATE

Cobb Coleman Coverdell Deal Dean Eldridge English Engrain Fincher of 54th Foster Garner Gillis Greene

Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Allgood Brannon Broun of 46th

Fincher of 52nd Holloway Starr (presiding)

On the passage of the bill, the yeas were 47, nays 1.

Summers Tysinger

The bill, having received the requisite constitutional majority, was passed.

HB 199. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the state or any county, municipality or other political subdivision to defer an employee's compensation, so as to extend the deferred compensation program for employees of the State to permit inclusion of employees of the various state authorities and employees of the county boards of health.
Senate Sponsor: Senator Kidd of the 25th.
Senator Kidd of the 25th offered the following amendment:

Amend HB 199 by inserting in the title in line 8 on Page 1 immediate ly following the word "health" and before the semicolon appearing after said word the following:
"and employees of the various state authorities".
By inserting at the beginning of line 21 on Page 1 immediately preceding the word "county" the following:
"various state authorities and employees of the".

THURSDAY, FEBRUARY 26, 1981

1205

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram
Evans Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Allgood Barnes Broun of 46th

Fincher of 52nd Garner Holloway

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Starr (presiding) Summers Tysinger

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Brannon of the 51st introduced the doctor of the day, Dr. Evan Boddy, of Woodstock, Georgia.
The following general resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

1206

JOURNAL OF THE SENATE

SR 66. By Senator Littlefield of the 6th:
A resolution authorizing the conveyance of certain State-owned real property located within Camden County, Georgia, to Camden County and to the Georgia Department of Transportation.

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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Brannon Fincher of 52nd Garner

Hudgins Starr (presiding)

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Summers Ty singer

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

THURSDAY, FEBRUARY 26, 1981

1207

HR 65. By Representatives Ramsey of the 3rd, Williams and Foster of the 6th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to accept a deed of correction; to provide an effective date.
Senate Sponsor: Senator Fincher of the 54th.

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 Bowen Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal
Dean Eldridge

English Engram Evans
Fincher of 54th Foster Garner Gillis
Greene Holloway Horton Hudgins Hudson Kennedy Kidd
Land Lester

McGill McKenzie Reynolds
Robinson Scott Starr Stephens
Stumbaugh Sutton Thompson Timmons Trulock Turner Walker
Wessels

Those not voting were Senators:

Ballard Brannon Fincher of 52nd

Hill Howard Littlefield

Summers Tate Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House insisting upon the House amendments thereto:

1208

JOURNAL OF THE SENATE

SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continuing education as a prerequisite for the renewal for licenses of insurance agents, solicitors, brokers, counselors, and ad justers.

Senator Lester of the 23rd moved that the Senate adhere to its disagreement to the House amendments to SB 71, and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 71.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Lester of the 23rd, Starr of the 44th and McKenzie of the 14th.

The following local bills of the Senate were taken up for the purpose of con sidering the House substitutes thereto:

SB 128. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provi sions relating to the compensation of the judge of the probate court.

The House substitute to SB 128 was as follows:

A BILL
To be entitled an Act to amend an Act placing the judge of the Pro bate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended, particularly by an Act ap proved February 25, 1977 [Ga. Laws 1977, p. 2788), so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended, particularly by an Act approved February

THURSDAY, FEBRUARY 26, 1981

1209

25, 1977 (Ga. Laws 1977, p. 2788), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. After the effective date of this Act, the present method of compensating the judge of the Probate Court of Baldwin County, known as the fee system, is hereby abolished; and, in lieu thereof, the judge of the probate court shall receive an annual salary as provided in this section. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites heretofore allowed as compensation to the judge of the probate court, regardless of in what capacity services were rendered. The judge of the probate court shall receive an annual salary of $21,900.00, payable in equal monthly installments from the funds of Baldwin County.''
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 128.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 128.

SB 129. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County so as to change the provisions relating to the compensa tion of the tax commissioner.

The House substitute to SB 129 was as follows:

A BILL
To be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax com missioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; 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. An Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The tax commissioner of Baldwin County shall receive an annual salary of $21,900.00, payable in equal monthly installments from the funds of Baldwin County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 129.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 129.

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court.

The House substitute to SB 130 was as follows:

A BILL
To be entitled an Act to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), so as to change the provisions relating to the compensation of the clerk of the superior court; to provide 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 placing the clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), is hereby amended by striking Section 2 in its entirety and insert ing in lieu thereof a new Section 2 to read as follows:
"Section 2. The clerk of the Superior Court of Baldwin County shall receive an annual salary of $21,900.00, payable in equal monthly installments from the funds of Baldwin County."

THURSDAY, FEBRUARY 26, 1981

1211

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 130.

On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 130.

SB 146. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an an nual salary, as amended, so as to change the provisions relating to the compensation of the sheriff.

The House substitute to SB 146 was as follows:

A BILL
To be entitled an Act to amend an Act placing the sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended, particularly by an Act approved February 13, 1970 (Ga. Laws 1970, p. 2036), so as to change the provisions relating to the compensation of the sheriff; 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 placing the sheriff of Baldwin County on an an nual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amend ed, particularly by an Act approved February 13, 1970 (Ga. Laws 1970, p. 2036), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The sheriff of Baldwin County shall receive an annual salary of $24,500.00, payable in equal monthly installments from the funds of Baldwin County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

1212

JOURNAL OF THE SENATE

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 146.

On the motion, the yeas were 31, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 146.

The following local bill of the Senate was taken up for the purpose of consider ing the House amendment thereto:

SB 300. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Putnam County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

The House amendment was as follows:

Amend SB 300 by striking from line 2 of Page 5 the following:
"$8.50",
and inserting in lieu thereof the following:
"$10.00".
By striking from lines 12 through 16 of Page 10 the following:
"the expiration of his current term of office and until his suc cessor is appointed and qualified under subsection (b).
(b) Thereafter, during the month of December of the year in which such term shall expire and each four years thereafter",
and inserting in lieu thereof the following:
"June 30, 1981, and until his successor is appointed and qualified under subsection (b).
(b) During the month of June, 1981, in which month expires the term of office of the judge of the Small Claims Court in Putnam Coun ty, and during the month of June each four years thereafter".
By striking from line 21 of Page 10 the following:
"January",
and inserting in lieu thereof the following: "July".

THURSDAY, FEBRUARY 26, 1981

1213

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 300.

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 300.
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 37. By Senators Evans of the 37th, Deal of the 49th, Bell of the 5th and others:
A resolution creating the Senate State Departments Performance Audit 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

Bond Hudgins

Summers Timmons

Tysinger

On the adoption of the resolution, the yeas were 51, nays 0.

1214

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

HB 402. By Representative Jones of the 126th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for odometer readings to be shown on certificates of title.
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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Foster Garner Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker Wessels

Voting in the negative was Senator Broun of 46th.

Those not voting were Senators:

Bond Evans Fincher of 54th

Hill Starr Summers

Timmons Tysinger

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 26, 1981

1215

SR 80. By Senators Evans of the 37th, Howard of the 42nd, Coleman of the 1st and others:
A resolution creating the State and the Arts Joint 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd

Those not voting were Senators:

Hill
Holloway Stephens

Summers Timmons

Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Sutton Tate Thompson Turner Walker Wessels
Trulock Tysinger

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

1216

JOURNAL OF THE SENATE

HB 26. By Representatives McDonald of the 12th, Coleman of the 118th, Ware of the 68th and others:
A bill to amend an Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, so as to provide for an in crease in the monthly retirement benefits of eligible firemen or volunteer firemen.
Senate Sponsor: Senator Broun of the 46th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 15, 1981

SUBJECT: Fiscal Note-House Bill 26 Georgia Firemen's Pension Fund

This Bill would increase by $25 per month the retirement benefits paid to those members of the Fund who retired prior to the effective date of legislation which established the current level of benefits paid to regular retirees and disabled retirees (March 9, 1979 and February 25, 1976 respectively). The total monthly benefit may not exceed the amount these persons would have received had they retired under the current law; for disabled retirees this amount is $215 per month.

An actuarial valuation of the Fund dated July 7, 1978 indicated that the Fund could increase the benefits paid to retired members (excluding disability retirements) by $25 per month. A letter from the Fund's ac tuary dated January 7, 1981 states that the total contributions to the Fund could support a $25 per month increase for both regular retirees and those on disability retirement.

Is/ William M. Nixon State Auditor

I si 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.

THURSDAY, FEBRUARY 26, 1981

1217

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy

Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stumbaugh Sutton Tate Thompson Turner Walker Wessels

Those not voting were Senators:

Hill Holloway Starr

Stephens Summers Timmons

On the passage of the bill, the yeas were 48, nays 0.

Trulock Tysinger

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House insisting upon the House amendment thereto:

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for State employees, as amended, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five per cent to eight percent of the total outlay for personal services.

Senator Starr of the 44th moved that the Senate adhere to its disagreement to the House amendment to SB 14, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 14.

1218

JOURNAL OF THE SENATE

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Gillfe of the 20th and Ballard of the 45th.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 274. By Representative Galer of the 97th:
A bill to amend an Act providing retirement benefits for superior court clerks, so as to make certain provisions for payment of funds to widows applicable to all surviving spouses.
Senate Sponsor: Senator Hudgins of the 15th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 26, 1981

SUBJECT: Fiscal Note-House Bill 274 Superior Court Clerks' Retirement System

This Bill strikes the word "widow" wherever it appears in Section 10 of the Act providing retirement benefits for superior court clerks and in serts in lieu thereof the words "surviving spouse."

This Bill would have no fiscal impact.

1st William M. Nixon State Auditor

Isl 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 26, 1981

1219

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

Ballard Brannon Hill

Holloway Summers

Timmons Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on February 12 and postponed until February 26, was put upon its passage:

SB 83. By Senators Cobb of the 28th and English of the 21 st:
A bill to amend Code Chapter 105-18, relating to defenses against torts, as amended, so as to provide immunity from liability for care, assistance, or advice relating to certain dangerous incidents involving compressed gases; to provide for exceptions.
Senator Deal of the 49th moved that SB 83 be committed to the Committee on Judiciary.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 83 was committed to the Committee on Judiciary.

1220

JOURNAL OF THE SENATE

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 250. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the maximum period for payment of dues by a member from twenty (20) to twenty-five (25) years.
Senate Sponsor: Senator Sutton of the 9th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 27, 1981

SUBJECT: Fiscal Note-House Bill 250 Sheriffs' Retirement Fund

This Bill would clarify the current law regarding member contribu tions to specify that members would be required to contribute for a max imum of 25 years. Legislation enacted in 1976 increased the minimum years of service required to obtain maximum retirement benefits from 20 years to 25 years but did not revise that provision regarding years of re quired contributions.

This Bill would have no fiscal impact on the Fund since member con tributions are currently being paid in accordance with the 25-year max imum.

1st William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

THURSDAY, FEBRUARY 26, 1981

1221

Senator Sutton of the 9th offered the following substitute to HB 250:

A BILL
To be entitled an Act to amend an Act creating the Sheriffs' Retire ment 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 April 18, 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), an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), an Act approved March 20, 1980 (Ga. Laws 1980, p. 461), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 768), so as to provide that members, in order to be continued as active members of the Retirement Fund, shall pay monthly dues for each month the member serves as sheriff or until he has paid dues for a total of twenty-five years; 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 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 ap proved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1.975 (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), an Act ap proved April 13, 1979 (Ga. Laws 1979, p. 994) an Act approved March 20, 1980 (Ga. Laws 1980, p. 461), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 768), it is hereby further amended by striking from subsection 2 of Section 13 the following language:
"twenty (20) years",
and inserting in lieu thereof the following language:
"twenty-five (25) years",

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JOURNAL OF THE SENATE

so that when so amended, subsection 2 of Section 13 shall read as follows:
"2. Pay to the Secretary-Treasurer of the Board of Commissioners a sum of $20.00 per month for each month so served as dues on or before the 10th of the following month, or until he has so paid for a total of twenty-five (25) years; and,"
Section 2. Said Act is further amended by striking from subsection (e) of Section 18 the following language:
"twenty (20) years",
and inserting in lieu thereof the following language:
"twenty-five (25) years",
so that when so amended subsection (e) of Section 18 shall read as follows:
"(e) Any provisions of this law to the contrary notwithstanding, twenty dollars ($20.00) shall be deducted from the monthly retire ment pay of the member of the fund or the monthly retirement pay under Option 2 or 3 to the wife of the member when the member has been credited with any period of service under the provisions of this law which was performed prior to January 1, 1961, and for which dues shall not have been paid by the member, until a total sum of twenty dollars ($20.00) for every month of service prior to January 1, 1961, so credited to the member shall have been withheld, or until a maximum of twenty-five (25) years has been paid or withheld as dues, or until the death of the member and his wife who is receiving benefits, whichever may occur first."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval.
Section 4. All laws and parts of law 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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

THURSDAY, FEBRUARY 26, 1981

1223

DATE:

February 25, 1981

SUBJECT: Fiscal Note--House Bill 250 (Proposed Floor Substitute by Senator Sutton) Sheriffs' Retirement Fund

The substitute version of this Bill would clarify two sections of the current law regarding member contributions to specify that members would be required to contribute for a maximum of 25 years. Legislation enacted in 1976 increased the minimum years of service required to ob tain maximum retirement benefits from 20 years to 25 years but did not revise that provision regarding years of required contributions.

This Bill would have no fiscal impact on the Fund since member con tributions are currently being paid in accordance with the 25-year max imum.

1st William M. Nixon State Auditor

1st Clark T. Stevens, Director Office of Planning and Budget

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.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean

Eldridge English Engram Evans
Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudson Kennedy Kidd
Land

Lester Littlefield McKenzie Reynolds
Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker
Wessels

1224

JOURNAL OF THE SENATE

Those not voting were Senators:

Fincher of 52nd
Hill Hudgins

McGill Summers

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.

HB 270. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System", so as to change the provisions relative to mandatory retirement.
Senate Sponsor: Senator Sutton of the 9th.

Senator Barnes of the 33rd moved that HB 270 be postponed until March 2.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 270 was postponed until March 2.

SB 220. By Senator Howard of the 42nd:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to provide that it is unlawful to obtain or attempt to obtain medical assistance and other benefits and payments under certain cir cumstances; to provide that it is unlawful for a provider to accept certain payments to which he is not entitled.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 220 by striking on Page 2, line 3, the following: "Means of",
and inserting in lieu thereof the following: "Willfully making''.

On the adoption of the amendment, the yeas were 31, nays 0, and the commit tee amendment was adopted.

THURSDAY, FEBRUARY 26, 1981

1225

Senator Deal of the 49th offered the following amendment:

Amend SB 220 by adding on line 17, Page 2 following the word "year" the following:
"nor more than ten years,''.

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd

Land Lester Littlefield McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

Holloway McGill

Summers Tate

Timmons Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

1226

JOURNAL OF THE SENATE

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 170. By Representatives Godbee of the 82nd and Lane of the 81st:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts; to provide for related matters; 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 II of the Constitution is hereby amended by adding at the end thereof the following new paragraph:
"Notwithstanding any other provision of this Constitution, the governing authority of Bulloch County may create and tax at differing rates subclasses of real property within special services fire districts. The governing authority may also tax one or more such subclasses and not tax one or more other subclasses. Such subclassification and differential taxation shall apply only to those taxes levied within a special services fire district for purposes of providing fire protection within the district. This paragraph shall be self-executing, but the General Assembly may by local law hereafter define, limit, or abrogate the power herein granted to the county governing authority. Nothing in this paragraph shall affect any state tax."
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 authorize the governing authority of Bulloch County to create and tax at
[ ] NO different rates subclasses of real property for purposes of special services fire 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 proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

THURSDAY, FEBRUARY 26, 1981

1227

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton
Howard Hudgins Hudson
Kennedy Kidd

Land Lester Littlefield
McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate
Thompson Trulock Turner
Walker Wessels

Those not voting were Senators:

McGill Summers

Timmons

Tysinger

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 213. By Representatives Phillips of the 59th, Martin of the 60th and Wall of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption to $20,000.00 and the income limits to $10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 65 years of age or over; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

1228

JOURNAL OF THE SENATE

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Each resident of Gwinnett County who is 65 years of age or over is hereby granted an exemption from all county and county school district ad valorem taxes, except those county and county school district taxes to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on a homestead owned and occupied by that person as a residence if that person's 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 $10,000.00 for the im mediately 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 retire ment, disability or pension system, except such income which is in ex cess 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 sub ject to taxation. The exemption granted to the homestead in 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 as a residence by one or more such owners, provided any such owner may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such legal title is vested in one or more titleholders who include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property not withstanding that both possess all the other qualifications provided in this paragraph but that only one is 65 years of age or over. The exemp tion granted to the homestead in this paragraph shall also extend to those homesteads, the title to which is vested in an administrator, ex ecutor or trustee, if one or more of the heirs or cestui que uses actually occupies such property as a residence, provided any such heir or cestui que uses may only claim the share of such exemption which is proportional to his share in the property, and may only claim such ex emption if possessing the qualifications provided in this paragraph, except that when such heirs or cestui que uses include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person
and his spouse may claim that share of such exemption which is pro portional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is 65 years of age or over. This exemption shall be claimed, returned, and otherwise administered in the same manner in which is claimed, returned, and otherwise administered that state-wide homestead exemption, created by a general amend-

THURSDAY, FEBRUARY 26, 1981

1229

ment to this Paragraph, from state and county ad valorem taxes for persons 65 years of age or more, and this exemption shall be in lieu of that state-wide exemption. The provisions of this paragraph shall app ly to all taxable years beginning after December 31, 1982."
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 [ ] NO

Shall the Constitution be amended so as to increase the homestead exemption to $20,000.00 and the income limits to $10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 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 proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson
Kennedy Kidd

Land Lester Littlefield McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner
Walker Wessels

1230

JOURNAL OF THE SENATE

Those not voting were Senators:

McGill Summers

Timmons

Tysinger

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 215. By Representatives Colwell and Twiggs of the 4th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues; to provide for submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The amendment to the Constitution, relating to the Gilmer County Industrial Development Authority, which was ratified at the general election in 1968 and which is set forth in Ga. Laws 1967, p. 958, and which was continued in force and effect by the Constitution of 1976, is hereby amended by striking from Paragraph E the following:
"In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended.",
and substituting in lieu thereof the following:
"In order to finance any undertaking within the scope of its power, the Authority is hereby authorized to issue bonds, debentures, or revenue bonds for the purpose of (i) paying all or any part of the cost of any project of the Authority, or (ii) refunding any indebtedness of the Authority incurred in connection with the payment of all or any part of the cost of any such project; such bonds, debentures, and revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds, debentures, or revenue bonds had originally been authorized

THURSDAY, FEBRUARY 26, 1981

1231

to be issued under the 'Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended; provided, however, that the in terest rate or rates to be borne by any bonds, debentures, or revenue bonds issued by the Authority shall be fixed by resolution of the Authority and any limitation with respect to interest rates found in the 'Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, or the usury laws of the State of Georgia shall not apply to obligations issued hereunder.",
so that when so amended paragraph E shall read as follows:
"E. In order to finance any undertaking within the scope of its power, the Authority is hereby authorized to issue bonds, debentures, or revenue bonds for the purpose of (i) paying all or any part of the cost of any project of the Authority, or (ii) refunding any indebtedness of the Authority incurred in connection with the payment of all or any part of the cost of any such project; such bonds, debentures, and revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds, debentures, or revenue bonds had originally been authorized to be issued under the 'Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended; provided, however, that the in terest rate or rates to be borne by any bonds, debentures, or revenue bonds issued by the Authority shall be fixed by resolution of the Authority and any limitation with respect to interest rates found in the 'Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, or the usury laws of the State of Georgia shall not apply to obligations issued hereunder. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise en cumbered as security for the lawful debt of the 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 written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or
[ ] NO revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues?"
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.

1232

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd

Land Lester Littlefield McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

McGill Summers

Timmons

Tysinger

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

The following bill of the House was read the first time and referred to committee:

HB 387. By Representative Phillips of the 91st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide limitations on the State Board of Educa tion to promulgate rules or regulations or establish standards and re quirements for certain programs not fully funded by appropriations by the General Assembly.
Referred to Committee on Education.

THURSDAY, FEBRUARY 26, 1981

1233

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 294. By Representatives Vaughn of the 57th, Collins of the 144th and Harris of the 8th:
A resolution relative to adjournment at 5:00 P.M. on February 26, 1981, to reconvene at 10:00 A.M. on March 2, 1981.

The following resolution of the House was read and put upon its adoption:

HR 294. By Representatives Vaughn of the 57th, Collins of the 144th and Harris of the 8th:
A resolution relative to adjournment of the General Assembly at 5:00 o'clock P.M. on February 26, 1981, to reconvene at 10:00 o'clock A.M. on March 2, 1981.

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 Bell Bond Bowen Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Foster Gillis Greene Holloway Horton Hudgins Hudson

Kennedy Lester McKenzie Reynolds Scott Starr Stumbaugh Tate Thompson Walker Wessels

Those voting in the negative were Senators:

Brantley Garner

Littlefield Robinson

Trulock Turner

1234

JOURNAL OF THE SENATE

Those not voting were Senators:

Ballard Barnes Brannon Cobb Fincher of 54th

Hill Howard Kidd Land McGill

Stephens Summers Sutton Timmons Tysinger

On the adoption of the resolution, the yeas were 35, nays 6.

The resolution, having received the requisite 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 follow ing 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 9. SB 29. SB 242. SB 17.

Respectfully submitted,
Is/ Ed Barker, Chairman Senator, District 18
The President announced that the Senate would stand in recess from 1:10 o'clock P.M. until 5:00 o'clock P.M. today, at which time the Senate would stand adjourned, pursuant to the provisions of HR 294, previously adopted, until Mon day, March 2, at 10:00 o'clock A.M.

MONDAY, MARCH 2, 1981

1235

Senate Chamber, Atlanta, Georgia Monday, March 2, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Thursday, February 26, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 699. By Representative Jackson of the 75th: A bill to create and establish a Small Claims Court of Walton County.
HB 700. By Representative Jackson of the 75th: A bill to repeal "An Act to create and establish a Small Claims Court in and for each county of this State having a population of not less than 22,830 and not more than 23,500, according to the U.S. Decennial Cen sus of 1970 or any future census''.
HB 701. By Representative Jackson of the 75th: A bill to amend an Act reincorporating the City of Monroe in Walton County and creating a new charter for such city, so as to change the pro vision relating to certain contracts entered into by the Water, Light and Gas Commission.
HB 702. By Representative Jackson of the 75th: A bill to create and incorporate the City of Walnut Grove in the County of Walton and to grant a charter to that municipality under that corporate name and style.

1236

JOURNAL OF THE SENATE

HB 791. By Representative Evans of the 84th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the provisions relating to the jurisdiction of the fines im posed by the recorder's court.

HB 792. By Representatives Johnson, Lee, Wood and Benefield of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to extend the cor porate limits of said city.

HB 793. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to substantially revise the provisions relative to the fiscal administration of the office of sheriff.

HB 794. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to increase the maximum court costs which may be charged for the county law library fund in Coffee County.

HB 804. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the Superior Court, and the judge of the Probate Court.

HB 805. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner of Bartow County.

HB 806. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner of Bartow County.

HB 808. By Representatives Oliver of the 121st and Kemp of the 139th:
A bill to amend an Act creating and establishing a Small Claims Court of Long County, so as to change the filing fees in said court.

MONDAY, MARCH 2, 1981

1237

HB 809. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Tattnall County into the office of tax commissioner of Tattnall County, so as to change the compensation of the tax commissioner.

HB 810. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act creating and establishing a Small Claims Court of Tattnall County, so as to change the jurisdiction of said court; to change the filing fees of said court.

HB 818. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing the coroner of Bartow County upon an an nual salary, so as to change the compensation of the coroner.

HB 820. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Lamar County and providing for an annual salary, so as to change the compensation of the judge of the probate court.

HB 840. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the tax commis sioner.

HB 841. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act providing a new charter for the City of Dublin, so as to reverse the ward numbers for Wards 3 and 4; to change the method of filling vacancies for the office of Mayor or of a council member.

HB 850. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.

HB 428. By Representative Buck of the 95th:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act", so as to provide definitions; to change the maximum service charge permitted to be charged by a premium finance company.

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HB 576. By Representatives Robinson of the 58th, McDonald of the 12th, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Cogeneration Act", so as to provide for the compliance with federal law by the Georgia Public Ser vice Commission.

HB 521. By Representatives Reaves of the 147th, Balkcom of the 140th and Hannerof the 130th:
A bill to require the use of certain equipment on irrigation systems in this state.

HB 324. By Representatives Lambert of the 112th, Ramsey of the 3rd, Beck of the 148th and others:
A bill to amend an Act prohibiting certain practices in connection with real estate transactions, so as to change the definition of certain terms; to change the amount which may be charged and collected as a transfer fee under certain conditions.

HB 207. By Representatives Richardson of the 52nd, Martin of the 60th, Fuller of the 27th and others:
A bill to be known as the "Disabled Adults Protection Act", so as to re quire the mandatory reporting of suspected abuse, neglect, or exploita tion of disabled adults.

HB 585. By Representatives Lambert of the 112th and Smith of the 42nd:
A bill to amend Code Chapter 56-20, relating to farmers' mutual fire in surance companies, so as to change the provisions regarding qualifica tions for certificates of authority; to change the provisions regarding limits of single risk.

HB 290. By Representatives Karrh of the 106th, Coleman of the 118th, Veazey of the 146th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for postretirement benefit adjustments for every officer and trooper in the Uniform Division of the Department of Public Safety and every officer or agent of the Georgia Bureau of In vestigation.

HB 415. By Representatives Beck of the 148th, Veazey of the 146th, Mullinax of the 69th and Ramsey of the 3rd:
A bill to amend Code Chapter 24-27, relating to superior court clerks, so as to authorize an alternative means of filling vacancies whereby the chief deputy clerk shall serve for the remainder of the unexpired term; to authorize the appointment of chief deputy clerks in certain counties.

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HB 219. By Representatives Colwell of the 4th and Hays of the 1 st:
A bill to amend an Act known as the "Youthful Offender Act", so as to provide for the appropriate treatment of those previously sentenced under this Act who receive subsequent consecutive misdemeanor sentences.

HB 153. By Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the definition of a public school employee.

The House had adopted by the requisite constitutional majority the following resolutions of the House:

HR 271. By Representatives Cason of the 96th, Buck of the 95th, Galer of the 97th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for the valuation of certain homestead property in the Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.

HR 13. By Representative Hooks of the 116th: A resolution compensating Mr. A. V. Arnold.

HR 21. By Representative Hutchinson of the 133rd: A resolution compensating Mr. Charles E. Anderson.

HR 22. By Representative Colbert of the 23rd: A resolution compensating Mr. J. D. Douglas, Jr.

HR 57. By Representative Clark of the 13th: A resolution compensating Mr. K. E. Gordon.

HR 110. By Representative Colbert of the 23rd: A resolution compensating Dr. John J. Klein.

HR 137. By Representative Bolster of the 30th: A resolution compensating Mr. Erron Lamar Butler.

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HR 141. By Representative Irvin of the 10th: A resolution compensating Mr. Guy A. Fitzgerald.

HR 155. By Representative Colbert of the 23rd: A resolution compensating Mrs. Watson V. Derden.

HR 164. By Representative Patten of the 149th: A resolution compensating Ray Davis III.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 1. By Senators Turner of the 8th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 79. By Senator Barnes of the 33rd:
A bill to provide procedures for the prevention of domestic violence; to define the term "domestic violence"; to provide procedures for filing of petitions; to provide for enforcement of orders; to provide for assistance by law enforcement officers.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 202. By Senator Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", approved April 18, 1973, so as to provide that all coun ties in the state shall notify the Georgia Department of Transportation when a road or street is abandoned or added to the road system of the county.

SB 120. By Senator Littlefield of the 6th: A bill to repeal "An Act to create and establish a Small Claims Court in

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1241

and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the ap pointment, duties, powers, compensation and tenure of the office of the judge of said court''.

The House has agreed to the Senate substitute to the following bill of the House:

HB 152. By Representatives Irvin of the 10th, Reaves of the 147th, Ralston of the 7th and others:
A bill to regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 404. By Senator McGill of the 24th:
A bill to place the tax commissioner of Wilkes County on an annual salary in lieu of the salary plus commission system of compensation; to provide for the compensation of employees within such office; to pro vide for the disposition of all commissions and costs collected by the tax commissioner and all office employees.
Referred to Committee on County and Urban Affairs.

SB 405. By Senator McGill of the 24th:
A bill to amend an Act granting a new charter to the City of Washington, as amended, so as to change the provisions relating to the imposition and levy of ad valorem taxes by the city. Referred to Committee on County and Urban Affairs.

SB 406. By Senator Kidd of the 25th:
A bill to amend Code Section 56-3601, relating to definitions pertaining to health maintenance organizations, so as to define physician-based group insurance plans; to provide for the offering of these plans as alter natives to health and accident insurance to provide for Medicaid fund ing of these plans.
Referred to Committee on Human Resources.

SB 407. By Senator Kidd of the 25th:
A bill to provide for training classes in all areas of county taxation to be attended by certain newly elected local tax officials; to provide for the costs of such classes. Referred to Committee on Governmental Operations.

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SB 408. By Senators Horton of the 17th, Land of the 16th, Barker of the 18th and others:
A bill to amend Code Chapter 26-19, relating to robbery, as amended, so as to provide that a person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the im mediate presence of another by use of an offensive weapon or any replica, article, or device having the appearance of such weapon.
Referred to Committee on Special Judiciary.

SB 409. By Senator Lester of the 23rd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to change the date on which the provisions of the Act become effective; to provide an effective date for this Act.
Referred to Committee on Human Resources.

SB 410. By Senators Bond of the 39th and Tate of the 38th:
A bill to provide that it shall be unlawful for any person to teach or demonstrate to any other person the use, application, or fabrication of any firearm, any explosive or incendiary device, or any technique capable of causing injury or death under certain conditions; to provide for definitions; to provide for penalties; to provide for other matters relative to the foregoing.
Referred to Committee on Consumer Affairs.

SB 411. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 27-2502, relating to determinate sentences, as amended, so as to provide for special sentencing in certain cases; to provide that persons so sentenced may be considered for parole at any time.
Referred to Committee on Judiciary.

SB 412. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, as amended, so as to change certain of the provi sions relative to the reimbursement of counties for the cost of maintain ing certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be serv ed.
Referred to Committee on Judiciary.

SB 413. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to provide the procedures for the issuance of a summons in lieu of

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a warrant or in lieu of making an arrest in certain criminal cases; to pro vide a procedure for failure to respond to a summons; to provide for the form and execution of a summons; to provide a procedure for the release of certain arrested persons by use of a summons.
Referred to Committee on Judiciary.

SB 414. By Senator Tate of the 38th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to change the provisions relating to the certification of teachers and other professional personnel. Referred to Committee on Education.

SB 415. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Residential Care Facilities for the Elderly Authorities Act" so as to exempt any project financed thereunder from the requiremnts of obtaining a certificate of need in any case where such project will not be the recipient of funds from the United States of America or the State of Georgia under health care reimbursement pro grams.
Referred to Committee on Human Resources.

SB 416. By Senator Littlefield of the 6th:
A bill to amend an Act known as the "Jekyll Island-State Park Authority Act," as amended. Referred to Committee on Special Judiciary.

SB 417. By Senator Greene of the 26th:
A bill to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain per sonnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located.
Referred to Committee on Human Resources.

SB 418. By Senator Greene of the 26th:
A bill to amend Code Section 93-501a, relating to hearing officers in utili ty proceedings as said Code Section is provided in Senate Bill 29 of the regular 1981 session. Referred to Committee on Special Judiciary.

SR 120. By Senator Hill of the 29th:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interests of the State of Georgia and for and on

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behalf of and in the name of Georgia, to convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia.
Referred to Committee on Public Utilities.

SR 121. By Senator Foster of the 50th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain Stateowned tracts of real property located in Union, Lumpkin, Rabun and Towns Counties, Georgia to the United States of America, acting by and through its Forest Service, in exchange for the conveyance to the State of Georgia, of all or portions of certain tracts of real property owned by the United States of America and located in Dawson, Rabun, White and Union Counties, Georgia.
Referred to Committee on Public Utilities.

SR 122. By Senators Foster of the 50th, Allgood of the 22nd, Evans of the 37th and others:
A resolution creating the State Capitol Preservation Commission. Referred to Committee on Governmental Operations.

SR 125. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A resolution relative to jail and prison overcrowding. Referred to Committee on Offender Rehabilitation.

SR 126. By Senators Robinson of the 27th, Barker of the 18th, Garner of the 30th and others:
A resolution creating the Senate Overview Committee. Referred to Committee on Governmental Operations.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 153. By Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the definition of a public school employee.
Referred to Committee on Education.

HB 207. By Representatives Richardson of the 52nd, Martin of the 60th, Fuller of the 27th and others:
A bill to be known as the "Disabled Adults Protection Act", so as to re-

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1245

quire the mandatory reporting of suspected abuse, neglect, or exploita tion of disabled adults.
Referred to Committee on Human Resources.

HB 219. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend an Act known as the "Youthful Offender Act", so as to provide for the appropriate treatment of those previously sentenced under this Act who receive subsequent consecutive misdemeanor sentences.
Referred to Committee on Offender Rehabilitation.

HB 290. By Representatives Karrh of the 106th, Coleman of the 118th, Veazey of the 146th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for postretirement benefit adjustments for every officer and trooper in the Uniform Division of the Department of Public Safety and every officer or agent of the Georgia Bureau of In vestigation.
Referred to Committee on Retirement.

HB 324. By Representatives Lambert of the 112th, Ramsey of the 3rd, Beck of the 148th and others:
A bill to amend an Act prohibiting certain practices in connection with real estate transactions, so as to change the definition of certain terms; to change the amount which may be charged and collected as a transfer fee under certain conditions.
Referred to Committee on Banking, Finance and Insurance.

HB 415. By Representatives Beck of the 148th, Veazey of the 146th, Mullinax of the 69th and Ramsey of the 3rd:
A bill to amend Code Chapter 24-27, relating to superior court clerks, so as to authorize an alternative means of filling vacancies whereby the chief deputy clerk shall serve for the remainder of the unexpired term; to authorize the appointment of chief deputy clerks in certain counties.
Referred to Committee on Governmental Operations.

HB 428. By Representative Buck of the 95th:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act", so as to provide definitions; to change the maximum service charge permitted to be charged by a premium finance company. Referred to Committee on Banking, Finance and Insurance.

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HB 521. By Representatives Reaves of the 147th, Balkcom of the 140th and Hannerof the 130th:
A bill to require the use of certain equipment on irrigation systems in this State. Referred to Committee on Agriculture.

HB 576. By Representatives Robinson of the 58th, McDonald of the 12th, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Cogeneration Act", so as to provide for the compliance with federal law by the Georgia Public Ser vice Commission. Referred to Committee on Industry, Labor and Tourism.
HB 585. By Representatives Lambert of the 112th and Smith of the 42nd:
A bill to amend Code Chapter 56-20, relating to farmers' mutual fire in surance companies, so as to change the provisions regarding qualifica tions for certificates of authority; to change the provisions regarding limits of single risk. Referred to Committee on Banking, Finance and Insurance.

HB 699. By Representative Jackson of the 75th:
A bill to create and establish a Small Claims Court of Walton County. Referred to Committee on County and Urban Affairs.

HB 700. By Representative Jackson of the 75th:
A bill to repeal an Act entitled "An Act to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500, according to the U.S. Decennial Census of 1970 or any future such census".
Referred to Committee on County and Urban Affairs.

HB 701. By Representative Jackson of the 75th:
A bill to amend an Act reincorporating the City of Monroe in Walton County and creating a new charter for such city, so as to change the pro vision relating to certain contracts entered into by the Water, Light and Gas Commission.
Referred to Committee on County and Urban Affairs.

HB 702. By Representative Jackson of the 75th:
A bill to create and incorporate the City of Walnut Grove in the County of Walton and to grant a charter to that municipality under that corporate name and style. Referred to Committee on County and Urban Affairs.

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HB 791. By Representative Evans of the 84th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the provisions relating to the jurisdiction of the fines im posed by the recorder's court. Referred to the Committee on County and Urban Affairs.

HB 792. By Representatives Johnson, Lee, Wood and Benefield of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to extend the cor porate limits of said city. Referred to Committee on County and Urban Affairs.

HB 793. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to substantially revise the provisions relative to the fiscal administration of the office of sheriff. Referred to Committee on County and Urban Affairs.

HB 794. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to increase the maximum court costs which may be charged for the county law library fund in Coffee County. Referred to Committee on County and Urban Affairs.

HB 804. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the Superior Court, and the judge of the Probate Court.
Referred to Committee on County and Urban Affairs.

HB 805. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner of Bartow County.
Referred to Committee on County and Urban Affairs.

HB 806. By Representatives Harris, Hasty, and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of commissioner of Bartow

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County, so as to change the compensation of the commissioner of Bartow County. Referred to Committee on County and Urban Affairs.
HB 808. By Representatives Oliver of the 121st and Kemp of the 139th: A bill to amend an Act creating and establishing a Small Claims Court of Long County, so as to change the filing fees in said court.
Referred to Committee on County and Urban Affairs.
HB 809. By Representatives Oliver of the 121st and Miles of the 107th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Tattnall County into the office of tax commissioner of Tattnall County, so as to change the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.
HB 810. By Representatives Oliver of the 121st and Miles of the 107th: A bill to amend an Act creating and establishing a Small Claims Court of Tattnall County, so as to change the jurisdiction of said court; to change the filing fees of said court.
Referred to Committee on County and Urban Affairs.

HB 818. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing the coroner of Bartow County upon an an nual salary, so as to change the compensation of the coroner. Referred to Committee on County and Urban Affairs.
HB 820. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Lamar County and providing for an annual salary, so as to change the compensation of the judge of the probate court. Referred to Committee on County and Urban Affairs.
HB 840. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the tax commis sioner. Referred to Committee on County and Urban Affairs.

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HB 841. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act providing a new charter for the City of Dublin, so as to reverse the ward numbers for Wards 3 and 4; to change the method of filling vacancies for the office of Mayor or of a council member. Referred to Committee on County and Urban Affairs.
HB 850. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HR 13. By Representative Hooks of the 116th:
A resolution compensating Mr. A. V. Arnold in the amount of $425.00. Referred to Committee on Appropriations.

HR 21. By Representative Hutchinson of the 133rd:
A resolution compensating Mr. Charles E. Anderson in the amount of $1,090.05. Referred to Committee on Appropriations.

HR 22. By Representative Colbert of the 23rd: A resolution compensating Mr. J. D. Douglas, Jr. in the amount of $82.00.
Referred to Committee on Appropriations.
HR 57. By Representative Clark of the 13th: A resolution compensating Mr. K. E. Gordon in the amount of $908.50.
Referred to Committee on Appropriations.

HR 110. By Representative Colbert of the 23rd: A resolution compensating Dr. John J. Klein in the amount of $70.39.
Referred to Committee on Appropriations.

HR 137. By Representative Bolster of the 30th:
A resolution compensating Mr. Erron Lamar Butler in the amount of $2,500.00. Referred to Committee on Appropriations.

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HR 141. By Representative Irvin of the 10th:
A resolution compensating Mr. Guy A. Fitzgerald in the amount of $64.84. Referred to Committee on Appropriations.

HR 155. By Representative Colbert of the 23rd:
A resolution compensating Mrs. Watson V. Derden in the amount of $71.45. Referred to Committee on Appropriations.

HR 164. By Representative Patten of the 149th: A resolution compensating Roy Davis III in the amount of $ 1,244.08.
Referred to Committee on Appropriations.

HR 271. By Representatives Cason of the 96th, Buck of the 95th, Galer of the 97th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for the valuation of certain homestead property in Muscogee Coun ty for the purpose of ad valorem taxation for school and consolidated city-county government purposes.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 385. SB 393. HB 374. HB 495. HB 509. HB 510. HB 661. HB 663.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass as amended.

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HB 664. HB 665. HB 707. HB 725. HB 726. HB 727. HB 729. HB 757. HB 759. HB 760. HB 761. HB 762. HB 763. HB 765. HB 721. HR 206. HR 210. HB 709. HB 751. HB 785. HB 749. HB 750.

Do pass as amended. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass as amended. 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 Defense and Veterans 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 391. Do pass.

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SR 103. Do pass by substitute. HB 121. Do pass.

Respectfully submitted, Seriator Thompson of the 32nd District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SR 109. Do pass by substitute.

Respectfully submitted, Senator Howrd 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 137. HB 146. HB 167. HB 525.

Do pass by substitute. Do pass. Do pass by substitute. 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 327. Do pass by substitute.

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HB 53. HB 186. HB 231. HB 306. HB 411. HR 154.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

Mr. President:

Your Committee on Natural Resources and Environmental Quality 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 370. Do pass by substitute.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bill and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 218. SR 12. SR 52.

Do pass. Do not pass. Do pass by substitute.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

Your Committee on Public Safety has had under consideration the following

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bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 251. Do pass by substitute. HB 595. Do pass.

Respectfully submitted, Senator Timmons of the 11th 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 21. SB 157. HB 339. SB 68. HB 344.

Do pass by substitute. Do pass. Do pass. Do pass by substitute. Do not pass.

Respectfully submitted, Senator Tate of the 38th District, Chairman

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 238. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to consolidate, revise, and update the provisions relating to fees; to change certain fees paid to the superior courts; to amend certain sections of the Code of Georgia, relating to fees paid to the superior courts, so as to change certain references to fees; to amend certain Acts, relating to fees paid to the superior courts.

SB 298. By Senator Stumbaugh of the 55th:
A bill to protect the citizens of this state through the regulation of private detectives, persons engaged in the private security business, polygraph examiners, and voice stress examiners; to provide a short title; to declare a purpose; to define certain terms; to establish the Georgia Board of Private Detective and Security Agencies.

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SB 306. By Senator Howard of the 42nd:
A bill to amend Code Section 26-1502, relating to criminal damage to property in the second degree, so as to change certain damage limita tions.

SB 313. By Senator Horton of the 17th:
A bill to amend Code Chapter 20-1, relating to general principles of con tract law, so as to require certain written agreements and contracts to be written in simplified and plain language; to provide remedies.

SB 315. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 24-27A, relating to the office of the receiver of child support, so as to change the provisions relating to the appointment and removal of the child support receiver; to provide how payments in arrears shall be shown; to provide that the chief judge of the circuit may appoint additional employees; to provide for approval of the budget by the chief judge.

SB 318. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-1, relating to general principles of tort law, amended, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.

SB 344. 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 change the provisions relating to adverse actions.

SB 346. By Senator Greene of the 26th:
A bill to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtness, as amended, so as to provide excep tions to notice requirements in certain cases involving bankruptcy pro ceedings.

SB 383. By Senator Barker of the 18th:
A bill to amend Code Section 34A-515, relating to the purging of electors lists, so as to provide that no elector shall be removed from the electors list for failure to vote in the immediately preceding years except under certain conditions.
SB 387. By Senators Walker of the 19th, English of the 21st, Gillis of the 20th and others:
A bill to amend Code Chapter 45-5, relating to hunting, as amended, so as

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to provide that a person hunting deer shall not be required to wear a daylight fluorescent orange outer garment while positioned on a sta tionary deer stand which is located above the ground.

SB 395. By Senators Reynolds of the 48th and Brown of the 47th:
A bill to amend the "Executive Reorganization Act of 1972," as amend ed, so as to provide for the transfer of the functions of the Georgia Intracoastal Waterway Commission to the Georgia Department of Transportation; to provide for specific repeal.

SB 397. By Senator Reynolds of the 48th:
A bill to amend Code Section 91A-5009, relating to the transportation and delivery of motor fuel, so as to remove the provisions relating to the delivery of motor fuel at certain times; to provide an effective date.

SR 93. By Senators Hudgins of the 15th, Littlefield of the 6th, Foster of the 50th and others:
A resolution creating the Senate Study Committee on Suspension and Discipline in Schools.

SR 106. By Senator Wessels of the 2nd and Coleman of the 1st:
A resolution authorizing the conveyance of certain State-owned personal property located within Chatham County, Georgia, to the United States Department of the Army, Corps of Engineers.

SR 111. By Senator Reynolds of the 48th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to release and convey to the City of Winder an easement in certain State-owned property located within Barrow County, Georgia, to the City of Winder.

SR 113. By Senators Evans of the 37th, English of the 21st, Walker of the 19th and others:
A resolution declaring the policy of this State to preserve prime farmland and mandating the observance of this policy by all units of state govern ment.

HB 23. By Representatives Home of the 104th and Pinkston of the 100th:
A bill to amend an Act regulating the sale of securities in this state, known as the "Georgia Securities Act of 1973", so as to empower the Commissioner of Securities to designate record depositories.

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1257

HB 50. By Representative Padgett of the 86th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to repeal the provision relating to the reinstatement of a certain rate of in terest.

HB 58. By Representative Johnson of the 66th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, 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 expect 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.

HB 64. By Representatives Sizemore of the 136th, Evans of the 84th, Walker of the 115th and others:
A bill to amend "The Georgia Justice Courts Training Council Act'', so as to redefine the term "justice of the peace" to exclude judges who are practicing attorneys.

HB 102. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act prohibiting unjust discrimination in employment because of age, so as to change the upper age limit of said provision.

HB 126. By Representatives Mostiler of the 71st and Williams of the 6th:
A bill to repeal in its entirety Code Section 32-906 which provides that when a member of a board of education or a county superintendent of schools resigns, he shall tender his resignation in writing to the State Superintendent of Schools.

HB 197. By Representatives Bray of the 70th, Hawkins of the 50th, Fuller of the 27th and others:
A bill to amend Code Section 34A-503, relating to qualifications of registrars and deputy registrars, so as to authorize the municipal govern ing authority to appoint county registrars and deputy registrars as deputy registrars of the municipality.

HB 230. By Representatives Padgett of the 86th and Nicholson of the 88th:
A bill to amend Code Section 24-2905.1, relating to travel expenses of district attorneys and assistant district attorneys, so as to remove the limitation on expenses for meals and lodging.

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HB 248. By Representatives Jones of the 78th, Moore of the 152nd and Hawkins of the 50th:
A bill to amend Code Chapter 32-10, relating to county superintendents of schools, so as to change the provisions relating to the qualifications of school superintendents.

HB 279. By Representative Galer of the 97th:
A bill to amend Code Section 47-109, relating to disposition of the session pay of members of the General Assembly who die during the session, so as to make provisions for payment to widows applicable to payment to all surviving spouses.

HB 358. By Representatives Karrh of the 106th, Burton of the 47th, Cheeks of the 89th and others:
A bill to amend an Act known as the Postsecondary Education Authoriza tion Act of 1978, so as to make such Act applicable to public colleges and universities located outside this State which offer instruction or educa tional programs within the State.

HB 371. By Representatives Nix of the 20th and Darden of the 19th:
A bill to amend Code Section 22-5106, relating to execution of in struments conveying interest in real property, so as to provide for the ex ecution of instruments releasing a security agreement.

HB 377. By Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others:
A bill to amend Code Chapter 27-18, relating to nolle prosequi, so as to change the provisions under which a nolle prosequi may be entered.

HB 379. By Representatives Irvin of the 10th, Dover of the 11th, Crawford of the 5th and others:
A bill to amend an Act providing requirements relative to trappers and fur dealers, so as to make lawful the taking of raccoons by persons own ing 50 acres of land or more.

HB 380. By Representatives Twiggs of the 4th, Irvin of the 10th, Mann of the 13th and others:
A bill to amend an Act regulating trappers and fur dealers, so as to pro vide for a raccoon fur sellers' license.

HB 403. By Representatives Rainey of the 135th, Irvin of the 10th, Twiggs of the 4th and others:
A bill to amend Code Section 45-503, relating to legal weapons for hunt-

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ing, so as to change the requirements pertaining to handguns for hunting deer.

HB 405. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34, known as the Georgia Election Code, so as to provide for information to be furnished on applications for registra tion.

HB 406. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34A, known as the Georgia Municipal Elec tion Code, so as to provide for information to be furnished on applica tions for registration.

HB 426. By Representative Ross of the 76th:
A bill to amend an Act creating the Board of Education 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, 1983.

HB 528. By Representative Watson of the 114th:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, so as to transfer certain functions, powers, duties, and authority from the Department of Public Safety to the Georgia Public Service Commission; to repeal certain section of the "Executive Reorganization Act of 1972".

HB 540. By Representatives Rainey of the 135th, Peters of the 2nd and Hays of the 1st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to revise the definition for the term "trapping"; to revise the provi sions pertaining to conservation rangers; to delete the provisions pertain ing to wildlife technicians; to add certain animals to the list of nongame species that can be lawfully taken.

HB 554. By Representative Phillips of the 125th:
A bill to amend an Act known as the "Litter Control Law'', so as to repeal the provision on intent; to provide for the adoption of ordinances by municipalities to regulate and control litter.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

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HB 613. By Representatives Sizemore of the 136th and Branch of the 137th: A bill to amend, consolidate and supersede the several Acts of the General Assembly of Georgia pertaining to the City of Ashburn in the County of Turner, to provide a new Charter therefor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 703. By Representative Dover of the 11th: A bill to create a new charter for the City of Clarkesville in the County of Habersham.
The report of the committee, which was favorable to the passage of 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 704. By Representative Dover of the 11th: A bill to amend an Act placing the coroner of Habersham County on an annual salary, 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.
On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 705. By Representative Dover of the 11 th: A bill to amend an Act entitled "An Act to provide for a secretary for the Solicitor of the State Court of Habersham County"; to fix the compensa tion for such secretary and provide for payment of same.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 706. By Representative Dover of the 11th:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham 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 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 711. By Representative Bargeron of the 83rd:
A bill to amend an Act creating a new charter for the City of Wadley, so as to change certain provisions relating to eligibility to serve as and ser vice as 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 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 714. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change the compensation of the board members. *

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 47, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

HB 715. By Representative Bray of the 70th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court and the clerical help 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 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 736. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and pro viding an annual salary for said officer, so as to change the provisions relative to the compensation of said officer; to provide an expense allowance for said officer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 752. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation provisions relating to the clerk of the Superior Court and the judge of the Probate Court of Greene County; to change the compensation provisions relating to clerical help in such offices; to change the compensation provisions relating to 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 47, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

HB 753. By Representatives Lambert of the 112th, Milford, Mann and Clark of the 13th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, so as to change the compensation provisions relating to the tax commissioner; to provide compensation for clerical help.

The report of the committee, which was favorable to the passage of 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 Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

Not answering was Senator Land.

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Senator Bell of the 5th introduced the chaplain of the day, Monsignor Don Kiernan, pastor of the Immaculate Heart of Mary Church, Atlanta, Georgia, who of fered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:

SR 123. By Senator Horton of the 17th: A resolution recognizing the late Ophir Ernest Pitts.

SR 124. By Senator Horton of the 17th: A resolution recognizing Kenny Holloway.

SENATE RULES CALENDAR Monday, March 2, 1981
TWENTY-EIGHTH LEGISLATIVE DAY

SR 4. Directing Board of Natural Resources to Declare a Moratorium on Trapping of Fur-Bearing Animals (NREQJ
RESOLUTION PLACED ON CALENDAR FOR THE PURPOSE OF ENTERTAINING A MOTION TO DISAGREE WITH THE REPORT OF THE COMMITTEE WHICH WAS UNFAVORABLE TO THE ADOP TION OF THE RESOLUTION.
SB 319. Insurance Code--optional coverage certain out-patient surgery (AMENDMENT) (BF&I-26th)
HB 179. Policemen, Firemen, Etc., Indemnification--redefine law enforcement officer (Pub Saf-11th)
HB 309. Drugs and Narcotics Agency--submit list of dangerous drugs to General Assembly (AMENDMENT) (Hum R-54th)
HB 346. Western Judicial Circuit Judges--compensation (AMENDMENT) (Judy-46th)
HB 42. Life Insurance Companies--state preemption on taxes (SUBSTITUTE) (BF&I-43rd)
HB 275. Sheriffs'Retirement--benefits to surviving spouse (Ret--15th)
SB 84. Training Programs--pursuant to annual contracts between Board of Education and Industry (AMENDMENT) (Ed--50th)
SB 341. Dissolution of Nonprofit Corporations--revival (S Judy--37th)
SB 365. Boilers and Pressure Vessels--inspection of certain ones (AMENDMENT) (IL&Tou-15th)
SB 185. District Attorney's Retirement--resignation, reappointment as District Attorney Emeritus (Ret--38th)
HB 206. Board of Examiners of Speech Pathology and Audiology--appointment (Hum R-42nd)

MONDAY, MARCH 2, 1981

1265

SB 325. Property Attachment--lien, judgment and execution (AMENDMENT) (Judy-42nd)
HR 113. Paulding County Right-of-Way Easement--change of description (Pub U-31st)
SR 13. Alcoholic Beverage Tax--used for treatment, prevention, education programs (SUBSTITUTE) (BF&I-32nd)
HB 277. Teachers' Retirement--exclusions applicable to surviving spouses (Ret--15th)
HB 128. Motor Vehicle Certificate of Title--salvage motor vehicles (Trns--28th)
HB 278. Employees' Retirement--exclusions applicable to surviving spouses (Ret-15th)
SB 191. Employees' Retirement--transfer of legislative service (SUBSTITUTE) (Ret--38th)
HR 151. Brunswick--conveyance of certain State-owned property (SUBSTITUTE) (PubU-6th)
HB 29. Board of Dentistry--change appointment provisions (Hum R--42nd)
SR 87. Alcohol Abuse Study Committee--create (Hum R--32nd)
HB 253. Taking of Crabs--change provisions (AMENDMENT) (NREQ--6th)
HB 276. District Attorney Emeritus--payments to surviving spouse (Ret--15th)
SR 59. Position of National Conference of State Legislatures and Governors Association--Medicaid program (App--5th)
HB 136. "Electric Membership Corporations"--new Code title (AMENDMENT) (SJudy-2nd)
HR 143. Catoosa County--conveyance of certain State-owned property (Pub U-54th)
HR 147. Thomas County--conveyance of certain State-owned property (Pub U-9th)
SB 307. Boat Safety Act--revise declaration of policy (AMENDMENT) (NREQ-40th)
HB 270. Superior Court Judges' Retirement--provisions on mandatory retirement (SUBSTITUTE) (Ret-9th)
Respectfully submitted,
1st Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee
Senator Hudgins of the 15th moved that the Senate disagree with the committee report which was adverse to the adoption of the following resolution of the Senate:

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SR 4. By Senator Hudgins of the 15th:
A resolution authorizing and directing the Board of Natural Resources to declare a moratorium on the trapping of fur-bearing animals.

The President put the motion, "Shall the committee report which was adverse to the adoption of SR 4 be sustained?''

On the motion, Senator Gillis of the 20th 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 Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

Those voting in the negative were Senators:

Engram

Hudgins

McKenzie Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Tate

Those not voting were Senators:

Bowen Broun of 46th

Evans Holloway

Land Reynolds

On the motion, the yeas were 47, nays 3; the motion prevailed, and the commit tee report which was adverse to the adoption of SR 4 was sustained.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

MONDAY, MARCH 2, 1981

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SB 319. By Senators Greene of the 26th and Lester of the 23rd:
A bill to amend Code Title 56, known as the "Georgia Insurance Code", as amended, so as to provide optional coverage for certain medical or surgical procedures performed on an out-patient basis; to provide for clarification; to provide for other matters relative to the foregoing.

The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:

Amend SB 319 by striking on Page 1, line 26, Page 2, line 5, Page 3, line 2, and Page 6, line 19, the word "doctor" and inserting in lieu thereof the following:
"practitioner".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Lester Littlefield McGill

Those not voting were Senators:

Bowen Holloway

Hudgins Hudson

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land Stephens

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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 as amended.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

SB 79. By Senator Barnes of the 33rd:
A bill to provide procedures for the prevention of domestic violence; to define the term "domestic violence;" to provide procedures in connec tion with the filing of petitions; to provide for protective orders and tem porary ex parte orders; to provide for enforcement of orders; to provide for assistance by law enforcement officers.

The House amendments were as follows:

Amendment No. 1:

Amend SB 79 by striking on line 96, Page 1 of Section 2 the words "acts of family violence took place''
and substituting in lieu thereof the following: "defendant resides''
and by adding on Page 2 at the end of line 15 a new sentence: "If a hearing is not held within ten days, the petition shall stand
dismissed unless the parties otherwise agree."

Amendment No. 2:

Amend SB 79 by adding on Page 1 after subsection (2) of Section 1 a new subsection as follows:
"(3) Provided, however, that the term 'family violence' shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint or detention."

Amendment No. 3:

Amend SB 79 by inserting on Page 2, lines 1 and 3, after the word "person"' the words ' 'not a minor''.

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Senator Barnes of the 33rd moved that the Senate agree to the House amend ments to SB 79.

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Coleman

Eldridge Holloway

Hudgins Land

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 79.
The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:
HB 179. By Representatives Coleman of the 118th, Hanner of the 130th, Collins of the 144th and Veazey of the 146th: A bill to amend an Act providing 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 change the definition of the term '' law enforcement officer''. Senate Sponsor: Senator Timmons of the 11th.

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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 Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Brannon

Coverdell

Evans

Those not voting were Senators:

Bowen Hollo way

Hudgins

Land

On the passage of the bill, the yeas were 49, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 309. By Representatives Parham of the 109th and Baugh of the 108th: A bill to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to require the Georgia Drugs and Narcotics Agency annually to compile and submit to the General Assembly lists of dangerous drugs and other dangerous or detrimental drugs and devices. Senate Sponsor: Senator Fincher of the 54th.

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The Senate Committee on Human Resources offered the following amendment:

Amend HB 309 by adding on Page 1, line 12, after the word "make" the following:
"criminal";
and
By striking on Page 1, line 14, the words "a felony", and inserting in lieu thereof the following:
"and provide penalties therefor";
and
By striking on Page 25, lines 31 and 32, and continuing on Page 26, lines 1 through 4, the following:
"(a) Any person who shall fail to keep the records required to be maintained by this Code title, or who shall refuse to permit inspection of the same by any drug and narcotic agent appointed under this Code title, shall be guilty of a felony and punished as provided by law.'',
and inserting in lieu thereof the following:
"(a) Any person who shall fail to keep records required to be maintained by Chapter 79A-8 or who shall refuse to permit inspection of the same by any drug and narcotic agent appointed under this Code title shall be guilty of a crime and punished as provided in that chapter. Any person who shall fail to keep records required to be maintained by any other chapter of this Code title shall be guilty of a misdemeanor and punished as provided by law."

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell

Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal

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Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill

JOURNAL OF THE SENATE

Horton Howard Hudson Kennedy Kidd Land Lester Littlefield Reynolds Robinson Scott Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Holloway

Hudgins McGill

McKenzie 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 346. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A bill to amend an Act adding one additional judge of the superior courts of Western Judicial Circuit of Georgia, so as to change the provisions of that Act regarding the supplementary compensation, salaries, and ex pense allowances for both judges of that circuit by the counties of the cir cuit. Senate Sponsor: Senator Broun of the 46th.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 346 by adding on Page 1, line 21, immediately after the word "circuit" the following:
"shall be the same as that of the other judge of the Superior Courts of the Western Judicial Circuit''.
On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

MONDAY, MARCH 2, 1981

1273

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engrain Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Holloway

Robinson Stumbaugh

Timmons

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Gillis of the 20th assumed the Chair at the direction of the President.
HB 42. By Representatives Childs of the 51st, Collins of the 144th, Robinson of the 58th 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 com panies. Senate Sponsor: Senator Scott of the 43rd.

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JOURNAL OF THE SENATE

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to HB 42:

A BILL
To be entitled an Act to amend Code Chapter 56-13, relating to fees and taxes imposed upon insurance companies, as amended, so as to change the provisions relative to state preemption of the field of impos ing taxes upon life insurance companies, their agents, and other representatives; to impose a certain county tax on each life insurance company doing business within the unincorporated areas of said coun ties with certain exceptions; to provide for the deduction of taxes paid to counties from certain taxes otherwise payable to the state; to provide for a definition; to provide for collection and distribution of the tax; to pro vide for the expenditure of proceeds from such tax only in the unin corporated areas of counties; to authorize and require the reduction of ad valorem taxes within unincorporated areas of counties; 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 Chapter 56-13, relating to fees and taxes imposed upon insurance companies, as amended, is hereby amended by inserting in subsection (1) of Code Section 56-1310 immediately following the word "section," where said word first appears in said subsection, the following:
"and in section 56-1310.1,",
and by inserting in said subsection immediately following the word "sec tion", where said word appears at the end of said subsection, the follow ing:
", and except as provided in section 56-1310.1",
so that when so amended subsection (1) of Code Section 56-1310 shall read as follows:
"(1) Except as otherwise provided in this section, and in section 56-1310.1, the State of Georgia hereby preempts the field of imposing taxes, except taxes on real property and tangible personal property taxed ad valorem, upon life insurance companies, their agents and other representatives, including, but not limited to, excise, privilege, franchise, income, license, permit, registration and similar taxes and fees measured by premiums, income or volume of transactions, and no county or unincorporated area thereof, city, municipality, district, school district, or other political subdivision or agency of this state shall impose, levy, charge or require the same, except as herein pro vided in subsection (2) of this section, and except as provided in sec tion 56-1310.1."
Section 2. Said Code chapter is further amended by adding a new

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Code section immediately following Code Section 56-1310, to be designated Code Section 56-1310.1, to read as follows:
"56-1310.1. County tax for county purposes on life insurance companies; deduction of taxes paid to counties from state tax. (a) There is hereby imposed a county tax for county purposes on each life insurance company doing business within the unincorporated area of said county based solely upon gross direct premiums, as defined in section 56-1303, as are received during the preceding calendar year from policies insuring persons residing within the unincorporated area of such county. The rate of such tax shall be one percent of such premiums except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to sec tion 56-1305, for the reduction to one-half of one percent of the state tax imposed by section 56-1303. The tax imposed herein shall not ap ply to annuity considerations.
(b) The tax imposed by subsection (a) of this section shall apply to gross direct premiums, except annuity considerations, received dur ing calendar year 1981 and each year thereafter.
(c) After July 1, 1982, life insurance companies may deduct from premium taxes otherwise payable to the state under section 56-1303, in addition to all credits and abatements allowed by law, the taxes im posed by this section and paid to the Commissioner on behalf of coun ties, as hereinafter provided, during the preceding calendar year.
(d) For the purposes of this section, 'life insurance company' means a company which is authorized to transact only the class of in surance designated in section 56-305 as class (1).
(e) The tax imposed by this Code section shall be collected by the Commissioner on behalf of counties in the same manner and on the same date as the state tax on insurance premiums.
(f) Beginning on June 1, 1982 and on the same date each year thereafter, the Commissioner shall disburse to each county of the state that fractional part of the total collections which is equivalent to the fraction, the numerator of which is the population of the unin corporated area of that county and the denominator of which is the population of all unincorporated areas of the state. Said populations shall be measured by the most recent federal decennial census.
(g) The proceeds from the county tax levied for county purposes provided for by this section shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes of the inhabitants of the unin corporated areas of such counties. In fixing the ad valorem tax millage rate for the year 1982 and any year thereafter, the governing authorities of counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unin corporated areas of such counties to offset all of the proceeds derived from the tax provided for in this section."

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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 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Bowen Garner

Gillis (presiding! Holloway

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Stephens Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 275. By Representative Galer of the 97th: A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia,

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1277

so as to make provisions which are applicable to payment of certain sur vivors' benefits to widows applicable to all surviving spouses.
Senate Sponsor: Senator Hudgins of the 15th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1981

SUBJECT: Fiscal Note-House Bill 275 Sheriffs' Retirement Fund

This Bill strikes the word "widow" from subsections (a), (b), and (c) of Section 19 and Section 21 of the Act creating the Sheriffs' Retirement Fund and inserts in lieu thereof the word "spouse." This Bill would have no fiscal impact.

I si 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.

On the 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 Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins

1278
Hudson Kennedy Kidd Land Lester Littlefield McGill

JOURNAL OF THE SENATE

McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers

Sutton Tate Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

Bond Bowen Fincher of 52nd

Gillis (presiding) Holloway Stephens

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 84. By Senators Foster of the 50th, Stumbaugh of the 55th, Land of the 16th and others:
A bill to amend an Act providing for the establishment of a special train ing program within the State Department of Education to provide quick start training to meet the employment needs of industry so as to provide for training programs pursuant to annual contracts or agreements be tween the State Board of Education and private industrial or business firms.

The Senate Committee on Education offered the following amendment:

Amend SB 84 by striking on Page 1, line 23, the quotation mark ap pearing at the end of quoted subsection (b) of Section 1 and add to said quoted subsection (b| the following:
"Any such training program carried out pursuant to any such con tract shall be assigned to a state vocational-technical school, an area vocational-technical school, or the vocational education division of a junior college operated in accordance with a joint agreement between the State Board of Education and the Board of Regents at the time a site is selected for such training program.'''

On the adoption of the amendment, the yeas were 30, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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1279

On the 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 54th Foster Garner Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Fincher of 52nd Gillis (presiding)

Holloway Howard Hudgins

Stephens Timmons

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 1. By Senators Turner of the 8th, Lester of the 23rd,Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.

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The House substitute to SB 1 was as follows:

A BILL
To be entitled an Act to provide for the regulation of certain dealers in precious metals or gems; to define certain terms; to require registra tion of dealers in precious metals or gems; to provide for maintaining cer tain permanent records of purchases of precious metals or gems or goods made from precious metals or gems; to specify the content and form of such records; to provide for the inspection of said records by duly authorized law enforcement officers; to provide for certain requirements and unlawful activities and for penalties in connection therewith; to pro vide for the construction of local laws and requirements for licensure at the local level; 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. Definitions. As used in this Act, the term:
(1) "Dealer in precious metals or gems" means any person engaged in the business of purchasing precious metals or gems or goods made from precious metals or gems from persons or sources other than manufacturers or manufacturers' representatives or a person engaged in any other business if, in conjunction with such business, precious metals or gems or goods made from precious metals or gems are purchased from persons or sources other than manufacturers or manufacturers' representatives where the said purchase is for resale in its original form or as changed by remounting, melting, reforming, remolding, or recasting or for resale as scrap or in bulk.
(2) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or platinum.
(3) "Gems" means any precious or semiprecious stone cut and polished.
(4) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
Section 2. Dealers in precious metals or gems, (a) No person shall engage in the business of a dealer in precious metals or gems until he has registered with the sheriff of the county wherein such business shall be transacted. The registration shall be in writing and shall be sworn to or affirmed by the dealer in precious metals or gems. The registration shall contain the name, address, and age of the dealer in precious metals or gems together with the names, addresses, and ages of all other persons having an ownership interest in the business other than publicly held corporations. The registration of publicly held corporations shall include the names, addresses, and ages of all officers of the corporation and their titles, as well as the name and address of a permanent agent for service within the county. All registrations shall contain an accurate description of the premises upon which the business is conducted and the zoning and

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planning classification of the premises. Each dealer shall be required to notify the sheriff of any change of address of the dealer or business or any change of ownership in the business.
(b) Each applicant for registration shall pay an initial registration fee of $25.00 to be retained by the county to cover the cost of registering such persons. The registration shall be renewed annually upon payment by the dealer of a renewal fee of $ 10.00.
Section 3. Permanent records required; content, (a) Every dealer in precious metals or gems shall maintain a book, in permanent form, in which shall be entered at the time of each purchase of precious metals or gems or goods made from precious metals or gems the following:
(1) The date of the purchase transaction;
(2) The name of the person making the purchase from the seller;
(3) The name, age, and address of the seller of the items purchased and the distinctive number from such seller's driver's license or other similar identification card containing a photo of the seller;
(4) A clear and accurate identification and description of the purchas ed goods, including, if reasonably available, the serial, model, or other number, and all identifying marks inscribed thereon; provided, however, if the fair market value of such goods exceeds $150.00, a clear photograph accurately depicting all identifiable characteristics of the goods shall be required;
(5) The price paid for the goods purchased;
(6) The number of the check issued for the purchase price if payment is made by check; and
(7) The signature of the seller.
(b) The permanent record book required herein shall be in legible English and shall be maintained for each purchase of precious metals or gems or goods made from precious metals or gems for at least two years.
Section 4. Manner of recording entry. Entries shall appear in chronological order in ink. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authoriz ed law enforcement officer during the ordinary hours of business or at any reasonable time.

Section 5. Daily written report required. Every dealer in precious metals or gems shall make a daily report in writing to the sheriff's office of all precious metals or gems or goods made from precious metals or gems purchased during the 24 hours ending at 8:00 P.M. on the date of the report. The reports shall be on forms or on duplicate invoices as may

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be prescribed or approved by the sheriff. The reports shall be typewrit ten or handwritten in legible English and mailed or delivered to the sheriff prior to 12:00 Noon on the day following the date of the report. The reports shall include the name and address of the dealer in precious metals or gems, date of transaction, description and amount of the precious metals or gems or goods made from precious metals or gems purchased, and the name and address of the person from whom purchas ed.
Section 6. Requirements; unlawful activities; penalties, (a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a dealer in precious metals or gems who makes purchases of precious metals or gems or of goods made from precious metals or gems to knowingly:
(1) Make any false statement in the registration provided for in Sec tion 2; or
(2) Fail to maintain and make entries in the permanent record book as required by Sections 3 and 4 of this Act; or
(3) Make any false entry therein; or
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent record book; or
(5) Refuse to allow any duly authorized law enforcement officer to in spect such permanent record book, or any precious metals or gems or goods made from precious metals or gems in his possession, during the ordinary hours of business or at any reasonable time; or
(6) Sell, exchange, or remove from the legal possession of the buyer or to alter the form of any precious metals or gems or goods made from precious metals or gems purchased by remounting, melting, cutting up, or otherwise altering the original form until at least 7 working days, in cluding Sundays and legal holidays, have elapsed from the time of pur chase or acquisition; or
(7) Fail to make the daily written report as required in Section 5; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to purchase precious metals or gems for resale without first registering pursuant to the provisions of Sec tion 2.
(c) It shall be unlawful for any dealer, as defined herein, to purchase precious metals in a melted or smelted state unless such purchase is from a registered dealer in precious metals or gems.
(d) Any person violating any provision of subsections (a), (b), or (c) of this section shall be guilty of a misdemeanor.

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1283

Section 7. Local laws. No provision of this Act shall be construed as prohibiting or preventing a municipality or county from licensing dealers in precious metals or gems or from establishing and imposing additional requirements or qualifications for licensure.
Section 8. The provisions of this Act shall not apply to dealers ex clusively engaged in the sale or exchange of numismatic coins or to trans actions exclusively involving numismatic coins or other coinage.
Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Turner of the 8th moved that the Senate disagree to the House substitute to SB 1.

On the motion, the yeas were 33, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 1.

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 300. By Representatives Scott of the 123rd, Dent of the 85th, Chance of the 129th and others:
A resolution urging the Department of Revenue to distribute certain ex cess local option sales tax collections to local governments.

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 341. By Senator Evans of the 37th: A bill to amend Code Chapter 22-31, relating to dissolution of nonprofit corporations, as amended, so as to provide for the revival of corporations whose period of duration has expired and which have not been revived within ten years immediately following the expiration date fixed by their articles of incorporation.
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Howard Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Gillis (presiding) Holloway

Horton Hudgins

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
McKenzie Timrnons

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
SB 365. By Senator Hudgins of the 15th: A bill to amend an Act requiring safe construction and installation of boilers and pressure vessels, as amended, so as to define certain terms; to provide for the inspection of certain boilers and pressure vessels.
The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend SB 365 by striking from Section 2 on Page 2, line 9, the following:
"July 1, 1981",

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1285

and inserting in lieu thereof the following:
"July 1, 1982".
By adding in Section 2 on Page 3, line 2, between the words "pressure" and "maximum", the following:
'', and/or 250 degrees Fahrenheit''.
By adding in Section 2 at the end of subsection (a) on Page 2, line 15, the following:
"Any owner or user of boilers or pressure vessels who maintains and operates, under the supervision of one or more regularly employed professional engineers, approved as set forth in this Act, an inspection or maintenance service in which one or more inspectors are regularly employed on inspection work, including the inspection of boilers operated by such user, shall be considered to meet the pro visions of this Act if reports of such inspections are filed with the department within 30 days after such inspection and if such boiler or pressure vessels are certified by such inspectors as being safe to operate for the purpose for which they are being used. Such inspec tion and filing of such report with the department shall exempt such boiler or pressure vessel from inspection fees herein provided."

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean

Eldridge Engram Evans Fincher of 52nd Foster Garner Greene Hill Horton Howard Hudson Kidd Lester
Littlefield McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger
Wessels

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Those voting in the negative were Senators:

Brannon English Fincher of 54th

Gillis Kennedy Land

Those not voting were Senators:

Bell

Holloway

McGill Timmons Walker
Hudgins

On the passage of the bill, the yeas were 44, nays 9.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 185. By Senator Tate of the 38th:
A bill to amend an Act creating the office of District Attorney Emeritus and the District Attorneys' Retirement Fund of Georgia, as amended, so as to change the provisions in said Act in regard to resignation and reappointment as District Attorney Emeritus.

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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

Februarys, 1981

SUBJECT: Fiscal Note--Senate Bill 185 District Attorneys' Emeritus Retirement Fund

This Bill would allow District Attorneys Emeritus who resign (no longer want to stay retired but enter the legal profession again) to be eligible for reappointment (retire again later] upon written request to the Governor. Currently, persons who resign retirement benefits may not be reappointed to receive them until 3 years have elapsed since resignation. In addition, District Attorneys Emeritus would no longer be required to consult with the Attorney General, serve as members of the Judicial Council, or participate in the trial of capital criminal cases when required
by the Governor.

MONDAY, MARCH 2, 1981

1287

The number of members who would take advantage of this Bill can not be predicted since only two District Attorneys Emeritus have resign ed (left retirementl and none have been reappointed (requested to startreceiving retirement benefits again). Any future resignations by District Attorneys Emeritus will result in a cost savings to the fund since benefits are not paid for the duration of the resignation period. This Bill would reduce these cost savings to the extent that members resign and are reap pointed before three years have elapsed.

Is/ William M. Nixon State Auditor

Is/ 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.
On the 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Bell Bowen

Holloway

On the passage of the bill, the yeas were 52, nays 0.

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins

The bill, having received the requisite constitutional majority, was passed.

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HB 206. By Representatives Richardson of the 52nd, Martin of the 60th, Dent of the 85th and others:
A bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act", so as to change the method of appointment of members of the Board of Examiners of Speech Pathology and Audiology.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Foster Garner Gillis Hill Holloway Horton Howard Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Robinson Starr Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators Stumbaugh and Sutton.

Those not voting were Senators:

Bowen Fincher of 54th

Greene Hudgins

Scott Trulock

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 2, 1981

1289

SB 325. By Senator Howard of the 42nd:
A bill to amend Code Title 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales.

The Senate Committee on Judiciary offered the following amendment to SB 325:

Amend SB 325 by striking on Page 1, line 18, the following:
", or when he has been cited to appear'',
and inserting in lieu thereof the following:
"without raising a valid defense of lack of jurisdiction over the person".

On the adoption of the amendment, the yeas were 37, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Foster Garner Gillis Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Bowen Fincher of 54th

Greene Hudgins

Scott

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President announced that the Senate would stand in recess from 12:30 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 resolutions and bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HR 113. By Representatives Wilson of the 19th and Burruss of the 21 st:
A resolution authorizing the State Properties Commission, by its Chair man, the Governor, acting on behalf of and in the name of the State of Georgia to amend, change and modify the description contained in a right-of-way easement granted by the State's predecessor in title to the Colonial Pipeline Company for a pipeline to be used for the transporta tion of petroleum products on, over and presently State-owned lands in Paulding County, Georgia.
Senate Sponsor: Senator Dean of the 31st.

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 Bowen

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal

Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

MONDAY, MARCH 2, 1981

1291

Foster
Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd

Land
Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh

Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Coverdell

Holloway Hudson

Stephens Summers

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority was adopted.
SR 13. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to designate that part or all of the pro ceeds of any tax now or hereafter levied and collected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse; 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 VII of the Constitution is hereby amended by adding a new paragraph (c) at the end thereof to read as follows:
"(c) The General Assembly by general law may designate that part or all of the proceeds of any tax now or hereafter levied and col lected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse."
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 written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly by general law to designate that part or all of the proceeds of any tax now or hereafter levied and
[ ] NO collected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse?''
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SR 13:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to designate that part or all of the pro ceeds of any state tax now or hereafter levied and collected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse; 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 VII of the Constitution is hereby amended by adding a new paragraph (c) at the end thereof to read as follows:
"(c) The General Assembly by general law may designate that part or all of the proceeds of any state tax now or hereafter levied and collected on alcoholic beverages be used for prevention, education, and treatment programs relating to alcohol and drug abuse."
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 authorize the General Assembly by general law to designate that part or all of the proceeds of any state tax now or hereafter levied
[ ] NO and collected on alcoholic beverages be used for

MONDAY, MARCH 2, 1981

1293

prevention, education, and treatment programs relating to alcohol and drug abuse?''
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 yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

Those voting in the negative were Senators:

Coverdell

Evans

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins

Those not voting were Senators Holloway and Starr.

On the adoption of the resolution, the yeas were 51, nays 3.

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The resolution, having received the requisite two-thirds constitutional majori ty, was adopted by substitute.

Senator Dean of the 31st moved that SR 13 be immediately transmitted to the House.

On the motion, the yeas were 44, nays 0; the motion prevailed, and SR 13 was immediately transmitted to the House.

HB 277. By Representative Galer of the 97th:
A bill to amend an Act establishing the Teachers Retirement System, so as to make certain exclusions which are applicable to widows applicable to all surviving spouses.
Senate Sponsor: Senator Hudgins of the 15th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 26, 1981

SUBJECT: Fiscal Note-House Bill 277 Teachers' Retirement System

This Bill strikes the word "widows" wherever it appears in Section 13 of the Act establishing the Teachers' Retirement System and inserts in lieu thereof the words "surviving spouses."

This Bill would have no fiscal impact.

Is/ William M. Nixon State Auditor

Is/ Clark T. Stevens, Director Office of Planning and Budget

MONDAY, MARCH 2, 1981

1295

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Cobb

Holloway

McKenzie

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 128. By Representatives Jackson of the 9th, Jessup of the 117th, Crosby of the 150th and others:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to define certain terms; to require certain acts by owners and the commissioner upon scrapping, dismantling, or destroying vehicles; to require salvage certificates of title for certain salvage motor vehicles.
Senate Sponsor: Senator Cobb of the 28th.

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Eincher of 52nd Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators Garner and Holloway.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others: A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1980-81. Senate Sponsor: Senator Holloway of the 12th.
The Conference Committee report on HB 162 was as follows:
The Conference Committee on HB 162 recommends that both the Senate and

MONDAY, MARCH 2, 1981

1297

the House of Representatives recede from their positions and that the attached Con ference Committee Substitute to HB 162 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Isl Thomas F. Allgood Senator, 22nd District

I si Marcus E. Collins, Sr. Representative, 144th District

Isl Paul C. Broun Senator, 46th District

/s/Joe Frank Harris Representative, 8th District

Isl Al Holloway Senator, 12th District

/s/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee substitute to HB 162:

A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act," ap proved April 9, 1980 (Ga. Laws 1980, p. 1799), so as to change certain ap propriations for the fiscal year 1980-81; 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 1980-81, known as the "General Appropriations Act," approved April 9, 1980 (Ga. Laws 1980, p. 1799), is hereby amended by striking Federal Revenue Sharing Funds of $50,800,000 for fiscal year 1981 in the first paragraph following the enacting clause and substituting in lieu thereof a new Federal Revenue Sharing figure of $26,100,000 for fiscal 1981 and by striking the revenue estimate figure of $2,944,157,270 for fiscal year 1981 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $3,050,000,000 for fiscal year 1981, and by striking the following:
"PARTI.
LEGISLATIVE BRANCH",
and Sections 1 through 65, and inserting in lieu thereof the following:

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"PARTI.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ..............$ Operations ............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

13,550,000 13,550,000 13,550,000 13,550,000

Budget Unit Object Classes: Operations ............................$ 13,550,000

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 Represen tatives; for membership in the National Conference of Commissioners on Uniform State Laws; for member ship in the Council of State Governments, the National Conference of State Legislatures and the National Con ference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Ser vices Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, fur nishing 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 Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to 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

MONDAY, MARCH 2, 1981

1299

Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expend ed without prior approval of the Committee. The Com mittee 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 ap propriations.

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 ..............$

4,464,009 4,114,009 4,114,009 4,114,009
350,000 350,000 350,000
4,114,009 350,000 28 147
1,957,531

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 increas ed by the amount of $12,000 per annum for each addi tional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.
Provided, however, that the sum of $10,500 shall

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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. ............$ 14,764,651

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 ses sion of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $371,016 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $67,360 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

430

Section 5. Court of Appeals.

Budget Unit: Court of Appeals ............$ 2,121,527

For the cost of operating the State Court of Ap-

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1301

peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of the Courts and Judicial Administrative Districts.
Budget Unit: Administrative Office of the Courts and Judicial Administrative Districts ............................$
Administrative Office of the Courts ..............................$
Institute for Continuing Judicial Education ...........................$
Judicial Administrative Districts ...........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

58
1,025,100 484,734 120,000 420,366
1,025,100 1,025,100
43

For the cost of operating the Administrative Office of the Courts; for the cost of operating the Institute for Continuing Judicial Education; and for the cost of operating the Judicial Administrative Districts.

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.
Total Positions Budgeted
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission .........................$
For the cost of operating the Judicial Qualifications Commission.
Total Positions Budgeted
Section 9. Board of Court Reporting.
Budget Unit: ..........................$
For the cost of operating the Board of Court Reporting.

175,000 0
56,000 0
12,293

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Total Positions Budgeted Section 10. Council of Juvenile Court Judges.
Budget Unit: ..........................$ For the cost of operating the Council of Juvenile Court Judges.
Total Positions Budgeted Section 11. Georgia Justice Courts Training Coun cil.
Budget Unit: ..........................$ For the cost of operating the Georgia Justice Courts Training Council.
Total Positions Budgeted
Section 12. Georgia Indigent Defense Council. Budget Unit: .............................$
Central Operations .....................$ Grants ...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ For the cost of operating the Georgia Indigent Defense Council. Total Positions Budgeted

1 87,500
3
11,000
0 343,805 25,000 318,805 343,805 343,805
5

PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................$ 35,060,193

1. State Properties Commission Budget:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

181,650 13,500 4,084

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1303

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. 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 Floyd Buildings Operations ..................$ Direct Payments to Georgia Building Authority for Authority Lease Rentals .....$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- 750 700
--0-- 12,516 3,810 20,000 237,010 237,010
6
878,812 33,510 6,135 --0-- 6,500 1,875 --0-- 45,433 17,150 --0--
6,706,107
--0--
200,000
850,000 8,745,522 8,745,522
39

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 ...................$

1,077,678 61,275 29,993 --0-- 18,700 7,900
4,817,000 54,340 25,190 --0--
3,500,000 --0--
1,900,000 875,860
12,367,936

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State Funds Budgeted ...................$ Total Positions Budgeted
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 ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

9,965,402 49
213,268 135,115
500 --0-- 4,500 1,000 --0-- 56,343 5,070 1,000 5,120,000 5,536,796 --0--
15
1,012,533 101,154 7,112 --0-- 25,000 1,150 205,100 56,922 31,830 --0--
1,440,801 1,440,801
52
200,800 95,305 818 --0-- 100 250 --0-- 5,254 1,900 --0-- 304,427 142,909 14

7. Property Management Administration Budget:
Personal Services .......................$

855,310

MONDAY, MARCH 2, 1981

1305

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

281,494 23,915 -- 0-- 10,500 2,250 29,400 28,383 16,470 14,790 22,000
1,284,512 418,549 56

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

13,130,928 1,176,947 33,610 --0-- 215,500 267,392 190,000
10,069,885 1,025,978 249,000 2,243,396 1,138,904
29,741,540 9,110,000 672

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 .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

390,018 1,069,170
918 150,800
825 1,020 8,800
720 5,512 --0-- 1,627,783 --0--
28

10. Communication Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

1,937,351 341,742 9,401 14,200 47,380

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Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Telephone Billings ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

31,200 72,682 63,411
460 10,000 20,248,679 22,776,506 5,000,000
106

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 ....................$ Materials for Resale .....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,232,138 1,438,821
3,361 --0--
200 19,800 5,692 131,930 11,750 50,000
--0-- 2,893,692
--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. .....................$ 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 ...............$ Direct Payments to Georgia Building
Authority for Capital Outlay. ............$ Direct Payments to Georgia Building
Authority for Authority Lease Rentals .....$ Direct Payments to Georgia Building
Authority for Twin Towers Operations ....................$ State Liability Self-Insurance Reserve .......$ Telephone Billings .. ....................$

21,110,486 4,748,033
119,847 165,000 329,955 334,537 5,328,674 1,481,230 368,142 1,184,694 10,069,885 22,000 3,500,000 2,243,396
--0--
6,706,107
850,000
200,000 --0--
20,248,679

MONDAY, MARCH 2, 1981

1307

Materials for Resale .....................$ Public Safety Officers Indemnity Fund ......$ Unemployment Compensation Reserve .....$ Total Positions Budgeted Authorized Motor Vehicles

5,170,000 875,860
1,900,000 1,113 284

It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possi ble in connection with Workers' Compensation and Unemployment 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 in come 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. ................................$

304,427 29,741,540
1,627,783 22,776,506
2,893,692 5,536,796 62,880,744

except to provide general salary increases authorized for all State employees, or unless there is a correspond ing fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service.
Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual financial 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 .....$
Georgia Building Authority Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

--0--
7,859,000 2,086,000
3,200 21,000

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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

12,000 65,000
--0-- --0-- 35,900 80,000 6,806,107 1,203,371 3,620,000 --0-- 21,791,578 -- 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

7,859,000 2,086,000
3,200 21,000 12,000 65,000
--0-- --0-- 35,900 80,000 6,806,107 1,203,371 3,620,000 --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 Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Train ing Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcom mittees 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 .......................$

20,273,493 2,913,402

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1309

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. 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. ................$ Contract with University of Georgia to Study Avian Disease .................$ Indemnities ...........................$ Capital Outlay .........................$ 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 .............$

336,265 127,273 35,800 23,000 55,575
--0-- 1,980 29,422
400 3,523,117 3,358,117
177
974,556 108,514 32,911 23,200
8,950 4,575 --0-- --0-- 37,900 75,000 368,836 659,023
787,000 525,000
240,000
215,938 75,000 --0--
4,136,403 3,811,407
55
738,125 117,164 39,834
11,600 9,000 2,925 --0-- --0-- 33,306 30,750

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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 ....................$ Advertising ...........................$ Per Diem, Fees and Contracts .............$ Major Repairs and Maintenance
Projects at 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. ...............................$ 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

55,000 1,037,704 1,037,704
40
1,647,629 680,335 16,212 15,000 7,750 15,325 --0-- --0-- 26,516 35,000 17,250
200,000 2,661,017
411,017 116
1,769,592 116,441 179,137 40,900 1,800 3,825 --0-- 3,600 16,850 --0--
2,132,145 2,132,145
115
1,036,235 118,012 26,749 --0-- 12,000 4,441 325,311 512,296 32,154 140,000
2,207,198 2,176,008
54

MONDAY, MARCH 2, 1981

1311

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. .....................$ 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. ................$

130,334 10,325
1,158 --0-- 308,000 1,000 --0-- --0-- 5,500 --0-- 362,400 818,717 818,717
9
1,106,967 193,162 97,269 96,600 5,500 78,750 --0-- --0-- 13,410 --0--
1,591,658 1,589,158
73
553,156 74,660 12,738 11,600 4,200 1,725 --0-- --0-- 16,038 1,500
675,617 675,617
30
2,586,288 116,082 138,760 52,200 7,000

1312

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
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 ....................$ Per Diem, Fees and Contracts .............$ Purchase of Bait and Airplane Contracts .....$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations. .......................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
14. Seed Technology and Development:
Personal Services .......................$ Regular Operating Expenses ..............$

4,984 -- 0-- 5,520 25,689 --0-- 2,936,523 2,330,908
140
2,334,310 72,040 193,208 40,600 2,600 1,000 --0-- --0-- 17,927 90,000
2,751,685 1,140,830
131
60,000 5,000 30,000 --0-- 5,000 --0-- --0-- --0-- --0-- --0--
450,000 550,000 550,000
0
241,865 241,865 241,865
0
154,007 3,100

MONDAY, MARCH 2, 1981

1313

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0--
200 --0-- --0-- --0-- --0-- --0-- 157,307 --0--
8

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ....... ......$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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. .......$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

16,004,601 1,951,100 895,249 327,500 395,000 174,125 325,311 523,396 254,712 354,900 362,400 450,000 368,836 659,023
787,000 525,000
240,000
215,938 75,000 90,000
241,865 200,000
--0-- 948 247

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.

1314

JOURNAL OF THE SENATE

Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expen diture shall be made without prior approval of the Georgia Building Authority (Markets).
B. Budget Unit: Georgia Agrirama Devel opment 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 providing a retirement plan for its employees.

--0--
424,281 105,453
13,329 --0--
19,475 9,175 --0-- --0-- 4,600 65,566 144,850 75,010 8,600 870,339 --0--
29
424,281 105,453
13,329 --0--
19,475 9,175 --0-- --0-- 4,600 65,566 144,850 8,600 75,010
29 5

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance. ..........................$

2,659,007

MONDAY, MARCH 2, 1981

1315

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:
Personal Services .......................$ 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 .................$ Payments to Georgia Residential
Finance Authority. ....................$ Local Assistant Grants ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,108,049 107,225 261,643 52,220 16,981 5,727 16,266 59,836 21,560 17,000
2,666,507 2,659,007
95
2,108,049 107,225 261,643 52,220 16,981 5,727 16,266 59,836 21,560 17,000 95 21
3,634,853
155,740 8,216 9,746 --0-- 2,600 --0-- ---- --0-- 5,700 7,000
50,000
--0-- 200,000 439,002 411,952
6

1316

JOURNAL OF THE SENATE

2. Administration:
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 .............$ Telecommunications ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. 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
4. 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. ...............$ Appalachian Regional Commission
Assessment ..........................$ Coastal Plains Regional Commission
Assessment ..........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

248,694 27,018 1,500 --0-- 4,350 700 --0-- 48,419 300 2,300 333,281
268,029 11
507,500 20,260 34,419
--0-- 10,600
1,560 2,800 29,340 18,071 23,580 648,130 538,910
22
865,273 24,397 47,904 --0-- 7,863 300 4,340 15,781 19,100 7,460
1,350,000 720,362
166,274
53,750 3,282,804 2,102,983
38

MONDAY, MARCH 2, 1981

1317

5. Community Betterment:
Personal Services .......................$ 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

210,764 14,067 15,814 --0-- 7,737 --0-- --0-- 17,188 11,943 13,620
291,133 281,133
11

6. 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

9,989 1,374 1,846 --0--
250 --0-- --0--
893 375 1,000 15,727 7,864
3

7. Financial Management and Audits Budget:
Personal Services .......................$ 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

32,548 5,744 SiOOO --0-- 2,000 --0-- --0-- 2,233 938 1,500
47,963 23,982
5

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .... ... $

2,030,508 101,076 114,229 --0--

1318

JOURNAL OF THE SENATE

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 Assistance Grants. .................$ Appalachian Regional Commission
Assessment ..........................$ Coastal Plains Regional Commission
Assessment ..........................$ Payments to Georgia Residential
Finance Authority. ....................$ Total Positions Budgeted Authorized Motor Vehicles

35,400 2,560 7,140
113,854 58,427 54,460 50,000
1,350,000 720,362 200,000
166,274
53,750
--0-- 96 4

Provided that of the above appropriations $10,000 is designated and committed for The Multi State Transportation Board.

B. 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
2. LEAA Grants Budget:
LEAA State Buy In -- Carry Forward ............................$
LEAA Juvenile Justice ...................$ LEAA Action Local .....................$ LEAA Action State ......................$ LEAA Planning ........................$ Total Funds Budgeted ...................$

260,439
544,007 16,027 14,946 --0-- 7,000 --0-- --0-- 32,966 12,488 90,743
718,177 222,105
21
--0-- 1,500,000 4,550,000 1,950,000
352,778 8,352,778

MONDAY, MARCH 2, 1981

1319

State Funds Budgeted ...................$ Total Positions Budgeted
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
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 Commis sion is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcom mittees.
C. Budget Unit: Georgia Residential Finance Authority ....................$
Georgia Residential Finance Authority Budget:
Personal Services .......................$

2,778 0
80,879 1,246 1,154 --0-- --0-- -- 0-- --0-- 2,620 1,125 5,000
92,024 35,556
1
624,886 17,273 16,100 --0-- 7,000 --0-- --0-- 35,586 13,613 95,743
4,550,000 1,950,000
352,778 1,500,000
--0-- 22 0
--0--
905,970

1320

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 .............$ Rental Assistance Payments ..............$ Grants to Housing Sponsors. ..............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ 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
Provided that the Georgia Residential Finance Authority is authorized to initiate the Family Farm Pro gram from existing funds.
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

109,480 67,300 56,250 28,000 23,750 11,000 87,959 45,700 180,671 7,671,000 275,000 9,462,080
--0-- 53 23
905,970 109,480 67,300 56,250 28,000 23,750
11,000 87,959 45,700 180,671 7,671,000 275,000
53 23
4,561,919
419,101 65,108 4,839 --0-- 7,200 800 11,000 --0-- 13,203 --0-- 521,251
509,254 21

MONDAY, MARCH 2, 1981

1321

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

820,165 32,425 5,377 --0-- 34,050 3,200 78,700 20,195 25,000 5,000
--0-- 1,024,112 1,024,112
45

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 ..............$

303,081 19,693 15,592 --0-- 5,000 --0-- --0-- --0-- 4,780 --0--
348,146 348,146
14
739,179 39,409 18;705 --0-- 3,400 1,876 --0-- 21,753 20,000 --0--
844,322 844,322
44
1,839,302 89,187

1322

JOURNAL OF THE SENATE

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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

126,465 -- 0--
16,500 5,341 6,616 36,844 25,630 18,000 2,163,885 1,836,085
103
4,120,828 245,822 170,978 --0-- 66,150 11,217 96,316 78,792 88,613
--0-- 23,000
227 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

2,299,802
727,098 71,530 3,000 9,000 18,700 300 --0-- --0-- 21,000 18,500
--0-- 18,000 40,000
--0-- 927,128 906,856
36

MONDAY, MARCH 2, 1981

1323

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
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 ..............$

681,853 83,229 16,500 --0-- 4,365 --0-- --0-- --0-- 24,000 15,000
824,947 441,226
32
99,190 103,925
2,400 --0-- --0-- 9,000 --0-- --0-- --0-- 2,500 300,000 113,900 630,915 630,915
5
199,768 8,897 14,750 --0-- 2,500 1,300 --0-- 4,560 3,050 --0--
234,825 10,537 10
1,693,479 1,336,515

1324

JOURNAL OF THE SENATE

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,025 --0-- -- 0-- -- 0-- --0-- --0-- 2,100 --0-- 3,034,119 310,268
116

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

3,401,388 1,604,096
38,675 9,000 25,565 10,600 --0-- 4,560 50,150 36,000
--0-- 300,000
18,000 40,000 113,900
199 20

Section 19. State Board of EducationDepartment of Education.

A. Budget Unit: Department of Education. ..........................$ 1,199,891,267

1. Instructional Services Budget:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,638,010 136,981 223,022 --0-- 134,734 9,548 135,923 87,169 335,056 7,680
3,708,123 1,702,136
122

MONDAY, MARCH 2, 1981

1325

2. Governor's Honors Program Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Vocational Education Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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 ...................$ 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. ...............................$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$

252,900 34,511 3,063 --0-- 1,600 1,000 2,877 4,550
329,505 630,006 629,935
2
2,612,694 209,641 226,493 --0-- 82,672 15,740 128,079 77,171
2,060,363 8,684
5,421,537 1,842,940
115
3,070,141 2,185,791
69,334 1,183
174,372 31,417 12,228 69,783 190,714 310,667
-06,115,630 5,017,347
180
796,450 339,011
19,773 12,100 18,286 122,981

1326

JOURNAL OF THE SENATE

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

34,684 92,690
8,400 1,444,375
784,398 52

6. State Administration Budget:
Personal Services .......................$ Regular Operating Expenses ............. . $ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

947,202 84,513 46,798 7,000 26,850 13,700 85,989 52,203
204,198 1,468,453 1,119,643
40

7. Administrative Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted
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

4,301,902 207,584 356,435 --0-- 203,083 43,883 851,528 254,848 107,248 132,969 7,575
6,467,055 130,000
3,994,006 220
464,255 22,331 1,727 --0-- 8,167 2,305 --0-- 30,480 12,600 2,100 543,965 517,372 31

MONDAY, MARCH 2, 1981

1327

9. Planning and Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
10. Professional Standards Commission Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,014,663 96,217 134,255 --0-- 109,116 3,385 101,519 55,614
1,076,481 3,591,250 2,606,285
88
45,443 6,371 1,200 5,000 300 4,284 2,121 67,000
131,719 131,719
2

11. Local Programs Budget:

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1) and 10(a) (2)) .... $ 485,889,372

Salaries of Instructional Personnel (Sec. 5). . $ 78,308,588

Salaries of Instructional Personnel (Sec. 7). . $ 17,802,465

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ................$ 21,327,987

Salaries of Administrative

and Supervisory Personnel (Sec. 21) .....$ 58,283,500

Special Education Leadership

Personnel (Sec. 21 (c) (2)) ..............$ 2,247,245

Instructional Media (Sec. 13) ............$ 17,475,263

Instructional Equipment (Sec. 14) ........$ 691,228

Maintenance and Operation (Sec. 15). .....$ 79,476,429

Sick and Personal Leave (Sec. 16) .........$ 5,461,020

Travel (Sec. 17) .......................$ 921,637

Pupil Transportation--Regular (Sec. 25). ... $ 52,553,249

Pupil Transportation-

Kindergarten (Sec. 25) ................$ 2,552,437

Pupil Transportation-

Special (Sec. 25) .....................$ 5,943,696

Isolated Schools ......................$ 312,052

Mid-Term Adjustment .................$

--0--

1328

JOURNAL OF THE SENATE

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 92,478,129

Driver Education .....................$

--0--

Teacher Retirement ...................$ 78,780,898

Instructional Services for

the Handicapped ....................$ 19,036,142

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Educational Training Services

for the Mentally Retarded .............$

-0-

Tuition for the Multi-handicapped ........$ 722,000

Severely Emotionally Disturbed. .........$ 13,459,271

Compensatory Education. ..............$ 12,746,747

Guidance, Counseling and Testing. .......$

--0--

School Library Resources and

Other Materials .....................$ 3,894,615

School Lunch (Federal) .................$ 125,606,750

School Lunch (State) ...................$ 14,800,000

Supplementary Education Centers

and Services. .......................$ 3,436,571

Staff Development ....................$ 988,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 2,819,000

Cooperative Educational

Service Agencies ....................$ 3,419,385

Superintendents' Salaries ...............$ 4,190,514

High School Program ..................$ 25,589,941

Area Vocational-Technical

Schools. ...........................$ 43,287,197

Career Education .....................$ 263,921

Junior College Vocational

Program. ..........................$ 1,172,964

Quick Start Program ...................$ 2,723,956

Comprehensive Employment

and Training .......................$ 5,650,000

Vocational Research

and Curriculum .....................$ 881,895

Adult Education ......................$ 3,785,229

Salaries and Travel of

Public Librarians ....................$ 3,746,467

Public Library Materials. ...............$ 3,484,443

Talking Book Centers ..................$ 638,495

Public Library Maintenance

and Operation ......................$ 2,171,600

Public Library Construction. ............$ 3,811,836

Comprehensive Planning ...............$

--0--

Competency-Based High School

Graduation Requirements. ............$ 260,000

Vocational Special

Disadvantaged......................$

--0--

MONDAY, MARCH 2, 1981

1329

Instructional Aides ....................$ 8,539,454

Teacher Health Insurance ..............$ 31,307,997

Special Projects. ......................$

40,789

Nutritional Education. .................$ 270,000

Regional ITV Projects ..................$

100,000

Basic Skills ..........................$

55,263

Capital Outlay (under 32-648a). ..........$ 18,000,000

Grants to Local School

Systems for Educational

Purposes (Act 562) ...................$ 75,000,000

Indo-Chinese Refugee .................$

30,924

Salaries of Extended

Pre-School Personnel. ................$ 7,554,477

Area Vocational Technical

School Construction .................$ 10,995,000

Total Funds Budgeted ................... $1,455,061,038

State Funds Budgeted ................... $1,181,545,486

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 .........................$

17,143,660 3,322,951 1,082,100
8,183 757,694 139,564 851,528 879,208 503,143 4,491,076 343,006
--0--

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) .......................$ 485,889,372

Salaries of Instructional

Personnel (Sec. 5). ...................$ 78,308,588

Salaries of Instructional

Personnel (Sec. 7). ...................$ 17,802,465

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ................$ 21,327,987

Salaries of Administrative and

Supervisory Personnel (Sec. 21) ........$ 58,283,500

Special Education Leadership

Personnel (Sec. 21(c) (2)) ..............$ 2,247,245

Instructional Media (Sec. 13) ............$ 17,475,263

Instructional Equipment (Sec. 14) ........$ 691,228

Maintenance and Operation (Sec. 15). .....$ 79,476,429

Sick and Personal Leave (Sec. 16) .........$ 5,461,020

Travel (Sec. 17) .......................$ 921,637

Instructional Specialists ................$

--0--

1330

JOURNAL OF THE SENATE

Pupil TransportationRegular (Sec. 25) ....................$
Pupil TransportationKindergarten (Sec. 25) ................$
Pupil TransportationSpecial (Sec. 25) .....................$
Isolated Schools ......................$ Mid-Term Adjustment .................$

52,553,249
2,552,437
5,943,696 312,052 --0--

Non-APEG Grants:

Education of Children of

Low-Income Families ................$ 92,478,129

Driver Education .....................$

--0--

Teacher Retirement ...................$ 78,780,898

Instructional Services for

the Handicapped ....................$ 19,036,142

Preparation of Professional

Personnel in Education

of Handicapped Children .............$

75,000

Educational Training Services

for the Mentally Retarded .............$

--0--

Tuition for the Multi-handicapped ........$ 722,000

Severely Emotionally Disturbed. .........$ 13,459,271

Compensatory Education ...............$ 12,746,747

Guidance Counseling and Testing ........$

--0--

School Library Resources and

Other Materials .....................$ 3,894,615

School Lunch (Fed.) ...................$ 125,606,750

School Lunch (State) ...................$ 14,800,000

Supplementary Education

Centers and Services .................$ 3,436,571

Staff Development ....................$ 988,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ..................$ 2,819,000

Cooperative Educational

Service Areas .......................$ 3,419,385

Superintendents Salaries ...............$ 4,190,514

High School Program ..................$ 25,589,941

Area School Program ..................$ 43,287,197

Career Education .....................$ 263,921

Junior College Porgram ................$ 1,172,964

Quick Start ..........................$ 2,723,956

Comprehensive Employment

and Training .......................$ 5,650,000

Vocational Research and

Curriculum ........................$ 881,895

Adult Education ......................$ 3,785,229

Salaries and Travel of

Public Librarians ....................$ 3,746,467

Public Library Materials. ...............$ 3,484,443

Talking Book Centers ..................$ 638,495

MONDAY, MARCH 2, 1981

1331

Public Library M & O ..................$ Public Library Construction. ............$ Comprehensive Planning ...............$ Competency-Based High School
Graduation Requirements. ............$ Vocational Special Disadvantaged ........$ Instructional Aides ....................$ Teacher Health Insurance ..............$ Special Projects. ......................$ Nutritional Education. .................I Regional ITV Projects ..................$ Basic Skills ..........................$ Capital Outlay (under 32-648a). ..........$ Grants to Local School
Systems for Educational Purposes (Act 562) ...................$ Indo-Chinese Refugee .................$

2,171,600 3,811,836
--0--
260,000 --0--
8,539,454 31,307,997
40,789 270,000 100,000
55,263 18,000,000
75,000,000 30,924

Salaries of Extended Pre-School Personnel. ................$
Area Vo-Tech School Construction. .......$ Total Positions Budgeted Authorized Motor Vehicles

7,554,477 10,995,000
852 17

B. Budget Unit: Institutions. ....................$ 12,505,158

1. Georgia Academy for the Blind Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees, and Contracts. ............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,095,646 285,902 6,161 --0-- 3,200 230,561 14,512 7,254 152,965 --0--
2,796,201 2,503,218
153

2. Georgia School for the Deaf Budget:
Personal Services. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$

3,744,115 517,800 9,869 --0-- 200 90,378 15,872 35,388 267,192 --0--

1332

JOURNAL OF THE SENATE

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 ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
4. North Georgia Vocational-Technical School Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ 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 ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

4,680,814 4,207,466
272
1,406,340 211,403 6,300 7,500 3,500 39,931 14,348 12,532 89,022 --0--
1,790,876 1,579,424
90
2,107,036 601,436 21,570 --0-- 5,780 107,608 14,980 2,690 242,281 4,500
3,107,881 2,095,660
108
1,740,736 567,682 17,347 --0-- 3,878 86,550 15,587 4,110 226,417 150,000
2,812,307 2,119,390
97

MONDAY, MARCH 2, 1981

1333

Budget Unit Object Classes:
Personal Services . ............ ...........$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

11,093,873 2,184,223
61,247 7,500 16,558
555,028 75,299 61,974
977,877 154,500
720 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 continu ing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.

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, except in the case of mentally, physically or emotional ly handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.

Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of one transportation unit ($9,069) for each 40 students. However, allotments shall not exceed actual cost of midday transportation by the local system.

Provided, however, in order to extend the half-day program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or cer tificated instructional personnel on a reimbursable basis to the extent that the $9,069 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include
salary, retirement and health insurance where eligible.

1334

JOURNAL OF THE SENATE

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 earn ed 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 commit ted for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and commit ted for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, further, funds appropriated for Main tenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled.
Furthermore, the Section 5 teaching units so allo cated 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, it is the intent of this General Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance.

Provided, that local school systems, in accordance with State Board policy, may use additional instruc tional units earned in grades 1 - 2 to employ either cer tificated 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 $880,000 for Staff Development, $88,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers

MONDAY, MARCH 2, 1981

1335

(Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State 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.
It is the intent of this General Assembly that the staffing of the District Agricultural and Home Eco nomics offices of the State will be maintained at the minimum staffing level which was in effect as of July 1, 1979.
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 3 through 8 and shall be used for remedial purposes only. Provided, however, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2.
It is the intent of this General Assembly that, rela tive to the teachers' index salary schedule, beginning teachers are to receive the same salary as those with one year of experience.

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 .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0--
523,802 13,025 8,218 --0-- 12,000 8,400
163,295 48,130
9,256 343,100
31,250 1,160,476
--0-- 28

1336

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 .............$ Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

523,802 13,025 8,218 --0-- 12,000 8,400
163,295 48,130
9,256 343,100
31,250 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ..........$ 19,520,070

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

582,630 554,730
3,800 10,000
1,377 44,000 12,821
--0-- 9,745 65,124 -01,284,227 383,353
31

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

12,973,663 2,768,580
84,477 482,746
21,698 1,217,888
29,996 13,383 388,723 37,710 60,000 131,500 18,210,364 15,350,179
809

MONDAY, MARCH 2, 1981

1337

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

583,359 87,446 16,764 5,190 37,858 800 70,811 --0-- 17,141 5,569 392,000 --0--
1,216,938 1,186,538
25

4. Wood Energy Budget:

Wood Energy Program. ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,680,000 2,680,000 2,600,000
3

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Contractual Research. ...................$ Ware County Grant .....................$ Herty Foundation ......................$ Wood Energy Program. ..................$ Capital Outlay .........................$ Total Positions Budgeted Authorized Motor Vehicles

14,139,652 3,410,756
105,041 497,936
60,933 1,262,688
113,628 13,383
415,609 108,403 392,000 60,000
--0-- 2,680,000
131,500 868 751

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, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Pro grams in the Field Services Activity 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 sup plant State Funds appropriated herein. Provided fur-

1338

JOURNAL OF THE SENATE

ther 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 ..........................$ 14,781,624

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 ...............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

451,449 25,025 4,900 --0-- 2,300 1,000 --0-- 29,323 18,315 2,100 3,600 --0-- 538,012 538,012
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

5,529,371 820,089 291,750 221,400 17,325 100,400 700 88,368 167,476 2,000 145,000 6,900 186,800
7,577,579 7,460,659
219

3. Forensic Sciences Division Budget: Personal Services .......................$

1,975,364

MONDAY, MARCH 2, 1981

1339

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
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

356,109 24,530 45,835
5,600 165,900 130,000
10,662 74,360
500 13,250 136,500 2,938,610 2,851,910
89
1,530,456 111,768 10,450 5,500 35,200 30,089
1,773,780 3,000
342,000 71,800 17,000
3,931,043 3,931,043
97
9,486,640 1,312,991
331,630 272,735
60,425 297,389 1,904,480 131,353 602,151
76,400 145,000 40,750 323,300
428 247

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

1340

JOURNAL OF THE SENATE

Crime Information Center Activities of this Act, the Of fice of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to sup plant State Funds appropriated herein. Provided fur ther that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.
Provided that of the five (5) new positions for the Forensic Sciences Division, one (1) position shall be designated for the Columbus Branch Crime Lab.
Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission .................$
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
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--
728,993 42,500
8,439 --0-- 6,000 1,750 20,000 56,461 14,000 118,000 996,143 --0--
31
728,993 42,500 8,439 --0-- 6,000 1,750 20,000 56,461 14,000 118,000 31 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 Industry and Trade, the Department of Public Safety, and the

MONDAY, MARCH 2, 1981

1341

Department of Transportation authorized in Section 46 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construc tion of such projects:

Expansion of Georgia Ports Authority Facilities ....................$ 42,372,728
Georgia Public Safety Training Center............................... $ 5,000,000
Advance Construction of the Interstate System .....................$ 225,000,000
Provided that no bonds shall be issued for the Georgia Public Safety Training Center until pre liminary plans therefor have been completed and have received agency approval.
The following is an expression of intent of the Georgia General Assembly regarding the issuance of $225,000,000 in General Obligation Bonds for the Ad vanced Construction -- Interstate Program:
1.) If, in the opinion of a majority of the members of the Georgia State Financing and Investment Com mission, ninety percent principal reimbursement by the U. S. Department of Transportation is not assured, no bonds shall be sold to fund such projects.
2.) If in the opinion of Georgia State Financing and Investment Commission, prior to the contractual obligation of the bond proceeds the Federal highway program is extended in such a manner that the In terstate construction program could proceed without delay, using current Federal funds rather than bond proceeds, then, to the extent that such bonds are not contractually obligated on valid construction projects, the proceeds of the bonds shall be used for the pur chase of ten percent matching contracts as they accrue, and for repayment or defeasement of these or other State bonds.

Section 24. Office of the Governor.
A. Budget Unit: Governor's Office ...............$
1. Governor's Office Budget:
Cost of Operations ......................$ Mansion Allowance .....................$ Governor's Emergency Fund. .............$ Intern Stipends and Travel ...............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

4,302,577
1,400,425 40,000
2,500,000 77,298
4,017,723 4,017,723

1342

JOURNAL OF THE SENATE

There is hereby appropriated a General Emergen
cy 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 requires expenditure of any part of said fund. Expen ditures 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:

'PersonalServices. ...........

$

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:

310,410 14,136 12,000 --0-- 3,500 1,100 --0-- 20,132 9,440 30,000
400,718 284,854
15

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 ..........................$

1,400,425 40,000
2,500,000 77,298
310,410 14,136 12,000 --0-- 3,500 1,100 --0-- 20,132 9,440 30,000 15 1
5,735,856

MONDAY, MARCH 2, 1981

1343

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

398,843 81,280 8,500 --0-- 30,000 1,000 --0-- 172,476 8,300 50,000
750,399 733,842
15

2. Council of the Arts Budget:

Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges.......... .............$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Art Grants--State Funds .................$ Art Grants--Federal Funds ...............$ Art Grants--Donations ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

123,787 7,910 4,100 --0-- 5,000 --0-- --0-- 17,740 6,591 7,951
1,142,806 664,089 19,027
1,999,001 1,315,885
8

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

255,623 1,300 6,000 --0-- --0-- --0-- --0-- --0-- 4,600 6,000
273,523 273,523
9

1344

JOURNAL OF THE SENATE

4. Intergovernmental Relations Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
5. Management Review Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
6. Human Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
7. Office of Consumer Affairs:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

184,132 3,415
34,473 --0-- 300 830 --0-- --08,659 2,000
233,809 233,809
7
518,998 1,200 6,100 --0-- --0--
14,000 41,000
--0-- 8,000
300 589,598 502,243
21
314,045 200
5,000 --0-- --0--
500 --0-- --0-- 4,900 --0-- 324,645 324,645
11
826,410 49,975 14,000 --0-- 5,000 2,500

MONDAY, MARCH 2, 1981

1345

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

22,680 56,062 102,000 7,000 1,085,627 785,627
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

278,773 37,757 35,000 --0-- 71,003 --0-- --0-- -- 0-- 12,500
5,200,000 5,635,033
275,091 16

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 .............$

101,352 6,527 3,500 --0-- 5,009 --0-- 5,000 7,791 3,228 12,349
144,756 73,694
4
95,991 --0-- 7,000 --0-- 1,000 8,000
130,000 --0-- 3,100
115,000

1346

JOURNAL OF THE SENATE

Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
11. Physical and Economic Development Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ 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 .......................$

360,091 360,091
3
329,773 5,647 18,000 --0-- 5,000 750 12,000 --0-- 10,000
80,000 461,170 296,170
14
319,164 1,500 5,000 --0-- --0-- 500 --0-- --0-- 5,000 --0--
331,164 331,164
11
258,029 10,413 7,000 --0-- 630 --0-- --0-- 13,000 5,000 20,000
314,072 230,072
14
4,004,920

MONDAY, MARCH 2, 1981

1347

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--State Funds .................$ Art Grants--Federal Funds ...............$ Art Grants--Donations ..................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, however, that of the above appropria tion relative to Art Grants--State Funds, $1,142,806 is designated and committed for Grants to Counties, Cities and non-profit organizations of the State of Georgia.

207,124 153,673
-- 0-- 122,942 28,080 210,680 267,069 181,878 5,500,600 1,142,806 664,089
19,027 183 0

Section 25. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities ..........................$
1. Grants to Counties ......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
2. Grants to Municipalities .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

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 municipal ities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 26. Department of Human Resources.
A. Budget Unit: Departmental Operations ..........................$ 180,316,057

1. General Administration and Support Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

9,735,338 657,440

1348

JOURNAL OF THE SENATE

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Pointing. ................$ 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 ...................$ Agency Funds .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

460,932 --0--
134,680 35,290 1,366,675 2,502,968 365,220 1,550,250 70,295 489,825
752,000 107,900 18,228,813 1,060,610
--0-- 6,788,775 2,106,677 8,272,751
527 7

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office ......$ 676,896

Child Care Licensing. .......$ 1,179,957

Laboratory Improvement ....$ 449,169

Child Support Recovery .....$ 2,175,055

Contract Management. ......$ 1,184,641

Public Affairs. .............$ 294,904

Office of Administrative

Appeals. ................$ 757,502

Health Care Facilities

Regulations. .............$ 1,785,683

Administrative Policy,

Coordination

and Direction ............$ 79,759

Personnel. ................$ 1,281,841

Administrative Support

Services ................$ 1,639,890

Office of Review

and Investigation .........$ 555,991

Systems Planning,

Development and Training .$ 522,186

Program Analysis ..........$ 120,759

Electronic Data Processing,

Planning and Coordination .$ 1,369,675

Facilities Management ......$ 3,611,559

Regulatory Services-

Program Direction

and Support .............$ 543,346

Indirect Cost ..............$

-0-

Undistributed .............$

-0-

Total. ....................$ 18,228,813

State Funds Pos.

$ 676,896

21

$ 1,057,267

58

$ 303,702

19

$ 543,764 101

$ 177,641

9

$ 294,904

12

$ 757,502

22

$ 455,758

69

$ 79,759

3

$ 1,231,441

70

$ 1,375,890

60

$ 247,638

22

$ 522,186

22

$ 120,759

7

$

--0--

0

$ 3,100,239

10

$ 373,886

22

$ (3,046,481)

0

$

-0-

0

$ 8,272,751 527

MONDAY, MARCH 2, 1981

1349

2. Financial Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

4,170,920 108,065 184,048 --0-- 22,240 6,005 --0-- 1,920 200 135,000 -0100
4,628,498 --0--
1,610,000 3,018,498
222 0

Financial Management Functional Budgets

Total Funds

Budget Administration ......$ 833,784

Accounting Services ........$ 2,263,000

Auditing Services. ..........$ 1,531,714

IndirectCost ..............$

-0-

Undistributed .............$

--0--

Total. ....................$ 4,628,498

State Funds Pos.

$ 833,784

35

$ 2,263,000 128

$ 1,531,714

59

$ (1,610,000)

0

$

--0--

0

$ 3,018,498 222

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 .............$ Contract--Georgia
Advocacy Program ....................$ Utilities ..............................$ Postage...............................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Title XX Funds. ........................$

1,943,292 67,325 89,301 --0-- 21,550 --0-- --0-- --0-- 56,610
21,490,263
200,000 --0-- 380
520,275 24,388,996 15,953,930

1350

JOURNAL OF THE SENATE

Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- 3,427,867 5,007,199
92 103

Special Programs Functional Budgets

Total Funds

State Economic

Opportunity Office. .......$ 277,840

District Programs,

Director's Office. .........$ 633,898

Child Development

Administration ...........$ 1,029,520

Child Development

Contracts--Foster Care ....$ 267,605

Special Projects ............$ 492,000

Child Development

Contracts--Day Care ......$ 19,158,613

Child Development

Contracts--Home

Management ............$ 591,015

Child Development

Contracts--Outreach ......$ 612,685

Information and Referral ....$ 317,405

Troubled Children Benefits. ..$ 520,275

Mental Health/Mental

Retardation Advisory

Council. ................$ 48,155

Council on Family Planning ..$ 72,559

Council on Aging ...........$ 49,016

Developmental Disabilities ...$ 235,965

Council on Maternal

and Infant Health .........$ 82,445

Undistributed .............$

--0--

Total. ....................$ 24,388,996

State Funds Pos.

$ 76,373

8

$ 490,898

25

$

--0--

44

$ 16,900

0

$ 492,000

0

$ 2,814,717

0

$ 106,850

0

$ 94,405

0

$ 207,905

0

$ 520,275

0

$ 48,155

1

$

7,260

2

49,016

1

$

--0--

9

$ 82,445

2

$

--0--

0

$ 5,007,199

92

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 ..............................$

1,881,280 119,345 57,016 --0-- 47,274 5,130 250,000 9,230 172,985 24,550 --0--

MONDAY, MARCH 2, 1981

1351

Postage. ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

1,450 2,568,260
350,000 303,166 1,915,094
107 0

Physical Health--Program Direction and Support Functional Budgets.

Total Funds

Director's Office ...........$ 423,503

Employee's Health .........$ 225,520

Primary Health Care ........$ 334,852

Health Program Management .$ 382,209

Vital Records ..............$ 812,071

Health Services Research ....$ 390,105

Undistributed .............$

--0--

Total. ....................$ 2,568,260

State Funds Pos.

$ 273,503

7

$ 140,520

9

$ 231,416

13

$ 299,240

18

$ 797,310

53

$ 173,105

7

$

--0--

0

$ 1,915,094 107

5. Physical Health -- Family Health Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Regional Grants for Prenatal and
Postnatal Care Programs ...............$ Crippled Children Benefits ...............$ Kidney Disease Benefits .................$ Cancer Control Benefits. .................$ Contract for the Purchase of
Clotting Factor for the Hemophilia Program ..................$ 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 ..................$ Contract for Scoliosis Screening ...........$

5,050,240 2,018,370
275,173 7,600
102,601 13,375
192,000 13,400 61,040
6,405,933 --0--
17,935
3,239,000 3,000,000
500,000 2,563,600
100,000
25,000
40,000
100,000
178,160 20,000

1352

JOURNAL OF THE SENATE

Family Planning Benefits. ................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

226,530 24,149,957
--0-- 11,472,788 12,677,169
286 4

Physical Health -- Family Health Functional Budgets

Total Funds

Family Health Management ..$ 6,121,099

Cancer Control ............$ 3,180,157

Crippled Children ..........$ 4,356,205

Immunization .............$ 460,705

Maternal Health ...........$ 213,885

Sexually Transmitted Diseases $ 184,130

Infant and Child Health. .....$ 3,809,483

Diabetes. .................$ 248,306

Chronic Disease. ...........$ 1,300,617

Coordination, Education,

Prevention ..............$ 489,818

Malnutrition ..............$ 428,962

Stroke and Heart Attack

Prevention ..............$ 138,705

Family Planning ...........$ 791,450

Epidemiology. .............$ 700,595

Dental Health .............$ 61,980

Community Tuberculosis

Control .................$ 939,305

Crippled Children-SSI ......$ 724,555

Undistributed .............$

--0--

Total. ....................$ 24,149,957

State Funds Pos.

$ 295,614

28

$ 2,953,357

6

$ 2,253,505

64

$

--0--

24

$ 213,885

6

$ 184,130

7

$ 3,710,146

12

$ 62,841

11

$ 1,300,617

22

$

--0--

8

$

--0--

16

$ 132,025

6

$ 49,169

13

$ 700,595

8

$ 61,980

3

$ 759,305

25

$

-0-

27

$

--0--

0

$ 12,677,169 286

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 DOAS Services Funding ...........$

3,206,472 470,815 79,861 --0-- 49,180 38,225 --0-- --0-- 3,970 159,120 --0-- 14,255
4,021,898 --0--

MONDAY, MARCH 2, 1981

1353

Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

466,943 3,554,955
175 5

Physical Health -- Community Health Functional Budgets

Total Funds

Occupational and

Radiological Health .......$ 534,711

Laboratory Services. ........$ 2,901,343

Emergency Health. .........$ 585,844

Undistributed .............$

--0--

Total. ....................$ 4,021,898

State Funds Pos.

$ 534,711

19

$ 2,502,700 137

$ 517,544

19

$

--0--

0

$ 3,554,955 175

7. Physical Health -- Local Services Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel... .............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Contract -- Macon-Bibb County
Hospital Authority ....................$ Grant to Counties for
Metabolic Disorders Screening and Treatment ...............$ 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 .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$

10,818,388 17,555,520
486,511 --0--
32,940 35,950 110,700 137,305 4,562,718
5,770 25,085
550,000
40,000 75,000 175,000 1,076,505
250,000
3,451,480
97,300
92,800 23,606,077 63,185,049
67,000 30,463,038
1,100,000 31,555,011

1354

JOURNAL OF THE SENATE

Total Positions Budgeted

581

Authorized Motor Vehicles

2

Physical Health -- Local Services Functional Budgets

Total Funds

Minimum Foundation .......$ 6,402,895

Grant-in-Aid to Counties. ....$ 21,856,537

Stroke and Heart

Attack Prevention ........$ 732,194

Family Planning ...........$ 5,722,925

Sickle Cell, Vision

and Hearing .............$ 331,565

Sexually Transmitted

Diseases ................$ 870,729

High Risk Pregnant Women

and Their Infants .........$ 3,884,240

Newborn Follow-Up Care ....$ 235,285

District Dental. ............$ 789,935

Teenage Pregnancy Preventions 250,000

District Crippled Children. ...$ 1,920,230

Mental Retardation Projects ..$ 190,100

Malnutrition ..............$ 19,998,414

Undistributed .............$

--0--

Total. ....................$ 63,185,049

State Funds Pos.

$ 6,027,082 236

$ 17,918,696

0

$ 443,914

20

$ 489,209 192

$ 331,565

15

$ 93,855

26

$ 3,811,240

19

$ 235,285

12

$ 789,935

18

$ 250,000

0

$ 1,164,230

33

$

--0--

0

$

--0--

10

$

--0--

0

$ 31,555,011 581

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 ...................$ Title XX Funds. ........................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

3,000,068 115,133 165,670 --0-- 95,319 --0-- 650,000 --0-- 127,955
1,106,595 2,500 1,600
5,264,840 13,630
500,000 1,604,952 3,146,258
139

MONDAY, MARCH 2, 1981

1355

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration ............$ 2,300,736

Special Projects

and Contracts ............$ 1,115,772

Program Coordination. ......$ 1,848,332

Undistributed .............$

--0--

Total. ....................$ 5,264,840

State Funds Pos.

$ 1,802,431

64

$

-0-

9

$ 1,343,827

66

$

--0--

0

$ 3,146,258 139

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 24-
hour Emergency Social Services ..........$ Benefits for Child Care ..................$ Homemaker Meals .....................$ Chatham County Homemaker Project ......$ 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-- --0-- --0-- --0-- --0-- --0-- 334,750 --0-- --0-- 750,000
146,079 8,673,067
98,400 418,565 112,870 261,412 10,795,143 4,689,517 1,361,795 4,743,831
0

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits .....$ 750,000

Grants to Fulton County

for 24-hour Emergency

Social Services ...........$ 146,079

Legal Services .............$ 334,750

AFDC-Family Foster Care. ..$ 2,353,877

AFDC--Institutional

Foster Care ..............$ 819,500

Specialized Foster Care ......$

50,000

Child Welfare-

Family Foster Care ........$ 3,967,025

State Funds Pos.

$ 75,000

0

$ 146,079

0

$ 147,250

0

$ 782,430

0

$ 272,400

0

$ 27,500

0

$ 2,267,345

0

1356

JOURNAL OF THE SENATE

Adoption Supplement .......$ 158,240 $ 158,240

0

Non-AFDC Institutional

Foster Care ..............$ 149,025 $ 149,025

0

Liability Insurance .........$

15,400 $ 15,400

0

Emergency Shelter Care .....$

80,000 $ 20,000

0

Day Care .................$ 725,000 $ 305,000

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. .......$ 891,247 $ 116,912

0

Undistributed .............$

-0- $

-0-

0

Total. ....................$ 10,795,143 $ 4,743,831

0

10. Youth Services--Program Direction and 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 .............$ Utilities ..............................$ Postage...............................$ Benefits for Child Care ..................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding ...........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

572,446 13,600 17,300 --0-- 4,000 2,800 --0-- --0-- 16,500 2,500 --0-- --0-- --0--
629,146 --0-- --0--
629,146
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...............................$ Total Funds Budgeted ...................$ Title XX Funds. ........................$

909,274 19,020 41,256 --0-- 5,555 --0-- --0-- --0-- 25,740
14,817,079 --0-- --0--
15,817,924 4,029,795

MONDAY, MARCH 2, 1981

1357

Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

10,509,459 1,278,670 41 176

Services to the Aged Functional Budgets

Total Funds

Title XX Adult Services ......$ 4,931,064

Administration and Planning .$ 1,778,670

Nutrition Grants ...........$ 5,394,585

Areawide Grants ...........$ 3,713,605

Undistributed .............$

--0--

Total. ....................$ 15,817,924

State Funds Pos.

$ 774,040

0

$ 234,900

41

$ 269,730

0

$

--0--

0

--0--

0

$ 1,278,670

41

12. Vocational RehabilitationProgram 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...............................$ E.S.R.P. Case Services ...................$ Grants for Nephrology Centers ............$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,186,268 60,364 58,865 --0-- 18,515 --0--
453,375 --0--
25,290 458,390
--0-- 3,645 150,000 337,831 2,752,543 100,000 1,799,131 853,412
55

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support. ................$ 1,680,212

Grants Management ........$ 1,072,331

Undistributed .............$

--0--

Total. ....................$ 2,752,543

State Funds Pos.

$ 355,673

44

$ 497,739

11

$

--0--

0

$ 853,412

55

13. Vocational RehabilitationFacilities Budget:
Personal Services .......................$

2,613,521

1358

JOURNAL OF THE SENATE

Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage. ..............................$ Capital Outlay .........................$ Case Services ..........................$ Total Funds Budgeted ...................$ Indirect DO AS Services Funding ...........$ Agency Funds .........................$ Title XX Funds. ........................$ State Funds Budgeted ...................$
Total Positions Budgeted Authorized Motor Vehicles

132,380 24,446
--0-- 900
1,400 --0-- 98,395 28,355 110,400 54,840 3,225 --0-- --0-- 3,067,862 --0-- 2,085,849 187,000 795,013
161 19

Vocational Rehabilitation--Facilities Functional Budgets

Total
Funds Youth Development Center--
V. R. Unit .................$ 274,362 Atlanta Rehabilitation Center ...$ 1,543,372 Alto Rehabilitation Center ......$ 256,641 Cave Spring
Rehabilitation Center ........$ 285,481 Central Rehabilitation Center ...$ 422,609 Georgia Vocational Adjustment
Center--Gracewood .........$ 285,397 Undistributed. ...............$ --0-- Total .......................$ 3,067,862

State Funds
$ 66,709 $ 402,262 $ 62,173
$ 69,687 $ 107,367
$ 86,815 $ --0-- $ 795,013

Pos.
14 70 13
17 28
19 0 161

14. Roosevelt Warm Springs Rehabilitation Institute:
Personal Services .......................$ 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. ..............................$

5,702,120 1,007,830
42,375 178,400
8,800 304,400
--0-- --0-- 116,230 619,145 437,245 11,980

MONDAY, MARCH 2, 1981

1359

Case Services ..........................$ Capital Outlay .........................$ Operations............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

24,325 --0-- --0--
8,452,850 50,000
5,933,577 2,469,273
412 23

Roosevelt Warm Springs Rehabilitation Institute-- Functional Budgets

Total Funds

Administration ............$ 3,528,200

Rehabilitation Services ......$ 4,057,820

Instruction. ...............$ 370,865

Independent Living .........$ 324,520

Family Involvement ........$ 91,755

Research/Training ..........$ 79,690

Undistributed .............$

--0--

Total. ....................$ 8,452,850

State Funds Pos.

$ 3,478,200 131

$ (1,283,397) 231

$ (135,000)

16

$ 324,520

21

$

5,260

8

$ 79,690

5

$

--0--

0

$ 2,469,273 412

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

1,966,616 3,390,575
52,784 19,300 3,125 15,600
--0-- 8,590 15,310 52,335 61,465 4,000 225,000 5,814,700 5,358,456 456,244
36
14

Georgia Factory for the Blind Functional Budgets

Total Funds Operations. ...............$ 4,836,022 Supervision ...............$ 302,222

State Funds Pos.

$

--0--

0

$ 302,222

19

1360

JOURNAL OF THE SENATE

Business Enterprise Vending

Stand Project ............$ 676,456

$ 154,022

17

Undistributed .............$

--0--

$

--0--

0

Total. ....................$ 5,814,700

$ 456,244

36

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

12,894,757 381,889 419,080 --0-- 14,400 19,551
--0-- 554,445 346,305 192,590
78,900 64,135 50,000 14,903,811 29,919,863 150,000 22.802.348 6,967,515
707 5

17. 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 ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$ Case Services ..........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

5,542,490 120,840 16,802 --0-- 15,000 9,350 --0-- 311,905 233,020 211,120 --0-- 94,000
3,628,300 10,182,827 10,182,827
--0307

18. Public Assistance Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

--0-- 175,000
-0--0--

MONDAY, MARCH 2, 1981

1361

Publications and Printing. ................$

-- 0--

Equipment Purchases ...................$

-- 0--

Computer Charges ......................$

--0--

Real Estate Rentals. .....................$

-0--

Per Diem, Fees and Contracts .............$

--0--

SSI-Supplement Benefits .................$

31,520

AFDC Benefits .........................$ 153,313,881

Total Funds Budgeted ...................$ 153,520,401

Agency Funds .........................$ 102,527,512

State Funds Budgeted ...................$ 50,992,889

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ..........$

175,000

AFDC Payments ..........$ 153,313,881

SSI--Supplement Benefits. ..$

31,520

Undistributed ............$

--0--

Total ...................$ 153,520,401

State Funds Pos.

$

--0--

0

$ 50,961,369

0

$ 31,520

0

$

--0--

0

$ 50,992,889

0

19. Local Services--Community Services and Benefits Payments Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ 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--
48,581,413
38,757,531 87,338,944 28,956,016 20,716,769 37,666,159
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds Local Services-
Benefits Payments Grants ..$ 48,581,413

State Funds Pos.

$ 22,923,812

0

1362

JOURNAL OF THE SENATE

Grants to Counties

for Social Services. ........$ 38,757,531

$14,742,347

0

Undistributed .............$

--0--

$

--0--

0

Total. ....................$ 87,338,944 $ 37,666,159

0

20. Family and Children ServicesProgram 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

5,986,813 190,554 310,572 --0-- 505,355 28,996
1,854,500 142,290 243,080
3,094,179 9,225
204,435 12,569,999 6,988,841
729,390 815,795 4,035,973
315

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds

Director's Office ...........$ 471,840

Standards and Procedures ....$ 431,035

Training. .................$ 767,537

Management Development. ..$ 1,717,421

Administrative Support ......$ 2,717,507

Food Stamp ...............$ 2,792,029

District Program Operations ..$ 2,360,445

Special Services ............$ 1,088,152

Eligibility Determination. ....$ 224,033

Undistributed .............$

--0--

Total. ....................$ 12,569,999

State Funds Pos.

$ 172,560

12

$ 183,230

9

$ 120,978

13

$ 830,128

79

$ 602,360

20

$ 208,522

22

$ 1,155,121 101

$ 642,305

47

$ 120,769

12

$

--0--

0

$ 4,035,973 315

21. Family and Children ServicesDistrict Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

541,446 20,100 29,162 --0-- --0--

MONDAY, MARCH 2, 1981

1363

Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Title XX Funds. ........................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- -- 0-- 21,770 8,690 --0-- 2,000 623,168 230,971 111,200 --0-- 280,997
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 ...........$ 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 ..................$ Homemaker Meals ............,........$ Chatham County Homemaker Project ......$ Douglas County Homemaker Project .......$ Fulton County Homemaker Project. ........$ Grants for Nephrology Centers ............$ Case Services ..........................$ E.S.R.P. Case Services ...................$ SSI-Supplement Benefits .................$

77,721,749 26,624,165
2,811,154 205,300
1,081,434 516,072
4,766,550 3,775,613 1,983,805 55,326,917
720,240 938,050 107,900
3,239,000 4,076,505
500,000 2,563,600
3,476,480 301,530 175,000
97,300
92,800 23,606,077
750,000
146,079 9,193,342
98,400 418,565 112,870 261,412 337,831 18,781,436 150,000
31,520

1364

JOURNAL OF THE SENATE

AFDC Benefits .........................$ 153,313,881

Local Services Benefits

Payments Grants .....................$ 48,581,413

Grants to Counties for Social Services .......$ 38,757,531

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ..................$

100,000

Institutional Repairs

and Maintenance .....................$ 752,000

Contract with Emory University

For Arthritis Research .................$

178,160

Grant for Epilepsy Program. ..............$

50,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................$

40,000

Contract for Scoliosis

Screening ...........................$

20,000

Contract--Georgia

Advocacy Program ....................$ 200,000

Grant for Teenage Pregnancy

Prevention Program ...................$ 250,000

Contract--Cancer Research

at Emory ............................$

100,000

Contract -- Macon-Bibb County

Hospital Authority ....................$ 550,000

Grants to Counties for

Metabolic Disorders

Screening and Testing. .................$

40,000

Total Positions Budgeted

4,207

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.
Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.
Provided, that of the funds available in the Physical Health -- Local Services Budget not less than $125,000 is committed for continuation of the Com munity Cardiovascular Council Stroke-Screening Pro gram.
Provided, that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.
There is hereby appropriated $50,961,369 in State funds for the purpose of making AFDC benefit pay ments.

MONDAY, MARCH 2, 1981

1365

Provided that for Fiscal 1981, 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
$ 90 137 164 193 221 240 259 275 290 310 332

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 85% of the above stan dard of needs.

Provided, that of the above appropriation, $120,000 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 communi ty 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 Programs, $3,239,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or pro grams 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

1366

JOURNAL OF THE SENATE

anticipated in this appropriation shall be used to im prove and expand Physical Health programs and not to supplant State funds in this appropriation.
Provided, that of the above appropriation, the Department of Human Resources is authorized to pro vide treatment for eye disorders, provided that treat ment 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 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 reim burse for the purchase or lease of equipment, or pur chase or reimburse for the purchase of drugs and medical treatment 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 publicly funded program and are determin ed to need support from the State.
It is the intent of this General Assembly that the State shall provide no more than 50 percent of Mercer Medical College's total operating cost. Provided fur ther, quarterly expenditure reports and certified an nual audits shall be provided to the State Auditor and General Assembly on a timely basis.

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 ...................$

376,400
719,731 39,458 16,359 6,000 2,701

MONDAY, MARCH 2, 1981

1367

Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Indirect DO AS 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

15,000 71,916 24,000 191,100 4,000 1,090,265
--0-- 713,865 376,400
33 0
719,731 39,458 16,359 6,000 2,701 15,000 71,916 24,000 191,100 4,000 33 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions. ...............$ 229,400,176

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

7,162,669 1,085,475
11,487 35,000
5,000 58,735 65,200
--0-- 72,700 224,850 257,000
8,320 387,000 500,000 9,873,436 1,022,510
60,000 8,790,926
498 23

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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 DO AS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

9,321,799 1,450,470
15,916 42,400
9,300 112,615 112,000
--0-- 111,000 130,125 307,000
10,000 --0--
513,000 12,135,625
1,802,599 93,000
10,240,026 629 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 DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

7,331,268 813,310 14,318 --0-- 1,900 44,670 97,000 --0-- 77,370
125,590 315,000
6,500 500,000 197,089 9,524,015 821,225
85,000 8,617,790
496 22

4. West Central Georgia Regional Hospital Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

6,530,354 760,795 14,067 --0--

MONDAY, MARCH 2, 1981

1369

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

4,575 72,885 82,240
--0-- 68,310 50,845 285,500 10,700 646,500 600,000 9,126,771 791,617 75,000 8,260,154
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

8,890,211 987,335 12,317 40,350 1,200 44,116 100,000 --0-- 74,800 40,975 800,000 6,700 109,000 853,500
11,960,504 2,181,472
85,000 9,694,032
652 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 ..............................$

24,259,587 2,865,915 11,687 91,900 5,380 542,995 64,000 --0-- 211,520 110,320 1,065,400

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Postage ...............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DO AS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted--
July 1,1980 Total Positions Budgeted--
June 30, 1981 Authorized Motor Vehicles

13,200 685,703 29,927,607 12,650,700 155,000 17,121,907
1,860
1,798 110

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 .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

15,079,969 1,710,560 17,989 72,340 5,300 340,455 108,000 --0-- 120,440 245,590 738,000 14,000 350,547 18,803,190 3,942,335 90,000
14,770,855 1,120 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 .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

13,058,708 2,421,065
14,118 37,500
6,080 118,845 146,000
--0-- 122,280 117,945 801,000
9,385 794,000 149,200 17,796,126 8,384,292 100,000 9,311,834
923 34

MONDAY, MARCH 2, 1981

1371

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 DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

7,531,997 957,680 15,336 59,000 5,595 106,499 125,331 --0-- 157,725 568,675 945,900 11,900 450,000 --0--
10,935,638 1,064,281 193,000 9,678,357 520 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--
July 1, 1980 Total Positions Budgeted--
June 30, 1981 Authorized Motor Vehicles

59,084,155 8,119,625 21,518 123,000 42,580 460,751 492,240 -- 0-- 436,900 206,820 3,450,000 42,500 786,000 525,000
73,791,089 14,588,236
589,000 58,613,853
4,241
4,172 216

11. State Youth Development Centers Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$

9,996,184 1,226,152

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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. ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

6,308 47,475
3,000 53,935
--0-- --0-- 88,065 120,000 611,000 18,465 314,000 12,484,584 335,000 12,149,584
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. .....................$ 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

4,893,296 798,755 11,087 34,000 2,200 48,825 --0-- --0-- 46,835 61,200 350,390 8,085 160,000
535,000 6,949,673
210,085 6,739,588
383 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 .............$

7,134,141 542,384 46,094 27,500 6,330 24,755 --0-- 72,760 28,510 199,300

MONDAY, MARCH 2, 1981

1373

Utilities ..............................$

14,800

Postage. ..............................$

1,500

Drug Abuse Contracts ...................$ 779,895

Day Care Centers for the

Mentally Retarded ....................$ 37,102,826

MR Day Care Center Motor

Vehicle Purchases. ....................$ 578,150

Developmental Disability

Services Chiefs .......................$ 647,576

Group Homes for the

Mentally Retarded ....................$ 3,129,050

Supportive Living Staff ..................$ 864,767

Supportive Living Benefits ...............$ 1,538,625

Georgia State Foster

Grandparent/Senior

Companion Program ..................$ 509,000

Community Residential Services Staff. ......$ 933,980

Community Residential

Services. ............................$ 1,706,550

Community Mental Health

Center Services .......................$ 47,900,560

Project Rescue .........................$ 255,190

Project ARC ...........................$

120,000

Uniform Alcoholism Projects .............$ 1,537,656

Total Funds Budgeted ...................$ 105,671,899

Title XX Funds. ........................$ 21,486,529

Agency Funds .........................$ 36,415,292

State Funds Budgeted ...................$ 47,770,078

Total Positions Budgeted

418

Authorized Motor Vehicles

800

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds Mental Health Community
Assistance. ..............$ 4,373,200 Outdoor Therapeutic
Program ................$ 649,132 Mental Retardation
Community Assistance ....$ 1,323,918 Central Pharmacy ..........$ 106,168 Metro Drug Abuse Centers ...$ 959,536 Developmental Disability
Service Chiefs. ...........$ 647,576 Day Care Centers for the
Mentally Retarded ........$ 37,957,475 Supportive Living ..........$ 2,403,392 Group Homes for the
Mentally Retarded ........$ 3,129,050 Georgia State Foster
Grandparent/Senior Companion Program ......$ 509,000 Community Residential
Services ................$ 2,640,530

State Funds Pos.

$ 4,290,250 238

$ 649,132 24

$ 1,323,918 64

$ 106,168

3

$ 355,756 47

$ 647,576

0

$ 16,619,746 21

$ 2,403,392

0

$ 3,129,050

0

$ 509,000

0

$ 1,876,730

0

1374

JOURNAL OF THE SENATE

Project Rescue. ............$ 225,190

Drug Abuse Contracts .......$ 779,895

Project ARC ...............$ 120,000

Community Mental Health

Center Services. ..........$ 48,310,181

Uniform Alcoholism Projects .$ 1,537,656

Undistributed .............$

--0--

Total. ....................$ 105,671,899

$

76,390

0

$ 228,165

0

$ 120,000

0

$ 13,897,149 21

$ 1,537,656

0

$

--0--

0

$ 47,770,078 418

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

6,267,716 404,329 288,447 14,000 2,670 10,000 --0-- 243,500 155,030 --0-- 25,700 14,800 15,000
7,441,192 7,441,192
388 19

Community Youth Services Functional Budgets

Total Funds

Group Homes .............$ 403,383

Community Detention ......$ 540,059

Day Centers. ..............$ 464,146

Community Treatment

Centers .................$ 1,405,892

Court Services .............$ 4,255,146

Runaway Investigations .....$ 313,433

Interstate Compact .........$ 59,133

Undistributed .............$

--0--

Total. ....................$ 7,441,192

State Funds Pos.

$ 403,383

22

$ 515,059

15

$ 464,146

24

$ 1,405,892

82

$ 4,255,146 227

$ 313,433

15

$ 59,133

3

$

--0--

0

$ 7,441,192 388

15. Regular Operating Expense Reserve Budget:

Regular Operating Expense ...............$ Total Funds ...........................$ State Funds. ...........................$

200,000 200,000 200,000

Budget Unit Object Classes: Personal Services .......................$ 186,542,054

MONDAY, MARCH 2, 1981

1375

Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Postage ...............................$
Capital Outlay .........................$ Authority Lease Rentals. .................$ Grants to County-Owned
Detention Centers. ....................$ 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 .............$ Child Care Benefits .....................$ Total Positions Budgeted--
July 1,1980 Total Positions Budgeted--
June 30, 1981 Authorized Motor Vehicles

24,343,850 500,689 624,465 101,110
2,040,081 1,392,011
316,260 1,771,485 2,202,235 9,966,690
176,055 3,590,539 4,930,000
535,000 779,895
37,102,826
578,150
647,576
3,129,050 864,767
1,538,625
509,000
933,980 1,706,550
47,900,560 225,190 120,000
1,537,656 15,000
13,286
13,155 1,527

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, excluding federal grants where prohibited, shall be ex pended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. 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

1376

JOURNAL OF THE SENATE

to Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collec tions 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 that the Department is given the flexibili ty in the Community Residential Services Program to use benefits to contract with private home providers for service or to provide (through local Health Depart ments) small group living situations for clients; and fur ther provided that these residential services are available to clients residing in the community as well as those returning to their communities from the in stitution.
Provided, that within funds available for Personnel Services at Central State Hospital, the Department of Human Resources is authorized to adjust Merit System pay grades for security attendants in the Forensic Ser vices programs at Central State Hospital subject to the approval of the State Merit System of Personnel Administration.
Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is pro vided the flexibility to contract with private home pro viders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
Provided further, it is the intenet of this General Assembly that the Office of Planning and Budget is authorized and directed to amend an additional $525,000 in agency income, if realized, above the amount contemplated in this bill for the purpose of renovating the Powell Building at Central State Hospital.

MONDAY, MARCH 2, 1981

1377

Section 27. 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. ................$ 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 ..................$ Appalachian Regional Commission. ........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

9,207,282
556,119 9,050
39,000 --0--
15,500 540
--0-- --0-- --0-- 1,500 621,709 621,709
23
272,316 4,100 2,500 --0-- 10,000 31,050 7,078 --0-- --0-- 10,000
337,044 337,044
14
551,596 67,200 57,900 --0--
241,300 1,575
20,500 --0-- --0--
72,970
35,000 30,000 1,078,041 1,042,841
30

1378

JOURNAL OF THE SENATE

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 a,nd 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 .............$ Postage ...............................$ Georgia Ports Authority --
Authority Lease Rentals ................$ Georgia Ports Authority --
General Obligation Bond Payments ...........................$ Atlanta Council for International Visitors ..................$ Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ Atlanta Convention and Business Bureau ......................$ Georgia World Congress Center Operating Expenses ...................$ Georgia World Congress Center Marketing Program ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
6. International Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

1,200,340 289,390 34,000 --0-- --0-- 8,000 --0-- --0-- 14,418 4,990 -095,000
1,646,138 1,602,285
99
534,457 289,100
18,000 8,500 48,000 1,000 5,288 171,000 110,082 15,000 198,000
2,595,000
500,000
20,000 25,000 10,000
2,500
300,000
--0-- 4,850,927 3,523,627
25
400,014 39,700 73,500 --0--

MONDAY, MARCH 2, 1981

1379

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. Advertising Budget:
Advertising ...........................$ 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 .............$ Postage...............................$ Capital Outlay .........................$ Local Welcome Center Contracts ..........$ Advertising ...........................$ Georgia Ports Authority --
Authority Lease Rentals ................$ Georgia Ports Authority --
General Obligation Bond Payments ...........................$ Historic Chattahoochee Commission Contract. .................$ Atlanta Council for International Visitors ..................$ Waterway Development in Georgia ........$ Georgia Music Week Promotion ...........$ Appalachian Regional Commission. ........$ Atlanta Convention and Visitors Bureau .......................$ Georgia World Congress Center Operating Expenses ...................$ Georgia World Congress Center Marketing Program ...................$ Total Positions Budgeted Authorized Motor Vehicles
For general administrative cost of operating the

13,500 1,400
20,662 39,000 23,000 91,000 701,776 701,776
13
1,378,000 1,378,000 1,378,000
0
3,514,842 698,540 224,900 8,500 328,300 43,565 53,528 210,000 147,500 195,460 198,000 --0-- 95,000
1,378,000
2,595,000
500,000
35,000
20,000 25,000 10,000 3QJDOO
2,500
300,000
--0-- 204 21

1380

JOURNAL OF THE SENATE

Department of Industry and Trade, including advertis ing expense.

B. Budget Unit: Authorities .................$

--0--

1. Georgia World Congress Budget:

Personal Services'. ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Georgia World Congress Center
Marketing Program ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
Total Positions Budgeted

2,485,829 866,900 15,000 --0-- 15,000 30,000 1,080 -0-- 39,240 135,960
--0-- 3,589,009
-- 0-- 120

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. ................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ...............$ Per Diem, Fees and Contracts .............$ Other Debt-Service Payments .............$ Capital Reinvestment ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

17,060,582
5,931,176 309,977
5,379,000 77,000 70,800
215,783
1,662,000 862,950 522,000
2,689,514 34,780,782
--0-- 720

Budget Unit Object Classes:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$

19,546,411 866,900 324,977 --0-- 92,000 30,000 1,080 70,800

MONDAY, MARCH 2, 1981

1381

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ 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 .............$ Capital Reinvestment ...................$ Georgia World Congress Center
Marketing Program ...................$ Total Positions Budgeted Authorized Motor Vehicles

255,023 998,910
5,931,176
5,379,000
1,662,000 522,000
2,689,514
--0-- 840 36

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Of fice 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 remittance to the State Treasury during the next twen ty 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.

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 28. Department of Labor.

A. Budget Unit: Inspection Division ..........$ 709,859

Inspection Division Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

557,417 10,410
124,941 --0-- 3,500

1382

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

200 --0-- 7,591 5,050
750 709,859 709,859
29

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

557,417 10,410
124,941 --0-- 3,500 200 --0-- 7,591 5,050 750
29

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............$

2,613,052

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. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ W.I.N. Grants .........................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

33,463,560 2,717,800 1,107,424
--0-- 20,800 1,000,000 805,000 1,650,889 830,320 2,129,000 700,000
--0-- 44,424,793
1,211,008 1,632

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. .............,..$ Equipment Purchases ...................$

10,308,277 2,069,306
585,000 --0--
15,000 150,000

MONDAY, MARCH 2, 1981

1333

Computer Charges ......................$ 220,000

Real Estate Rentals. .....................$ 344,760

Telecommunications ....................$ 235,400

Per Diem, Fees and Contracts (CETA) .......$ 500,000

CETA Direct Benefits. ...................$ 100,000,000

Total Funds Budgeted ...................$ 114,427,743

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

1,233,042 35,240 40,307 --0-- 100 500 2,975 51,280 20,600 18,000
1,402,044 1,402,044
62

Budget Unit Object Classes:

Personal Services .......................$ 45,004,879

Regular Operating Expenses ..............$ 4,822,346

Travel. ...............................$ 1,732,731

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

35,900

Equipment Purchases ...................$ 1,150,500

Computer Charges. .....................$ 1,027,975

Real Estate Rentals. .....................$ 2,046,929

Telecommunications ....................$ 1,086,320

Per Diem, Fees and Contracts (CETA) .......$ 500,000

Per Diem, Fees and Contracts .............$ 2,147,000

W.I.N. Grants .........................$ 700,000

CETA Direct Benefits. ...................$ 100,000,000

Capital Outlay .........................$

--0--

Total Positions Budgeted

2,144

Authorized Motor Vehicles

6

Section 29. Department of Law.

Budget Unit: Department of Law. ...........$ 3,649,217

Attorney General's Office Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

3,087,366 168,950 76,311 --0-- 30,000

1384

JOURNAL OF THE SENATE

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
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

8,950 100
42,000 293,480
69,260 30,000
--0-- 3,806,417 3,649,217
116
3,087,366 168,950 76,311 --0-- 30,000 8,950 100 293,480 69,260 30,000 42,000 --0-- 116 1

For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Ex ecutive Branch of State Government, shall be paid from this fund. No other agency is authorized to ex pend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimburse ment to the Department of Law as provided by law.

Provided, however, that of the above appropria tion relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.

Budget Unit: Medicaid Services ..............$ 175,671,693

1. Commissioner's Office Budget: Personal Services . ......................$

1,120,734

MONDAY, MARCH 2, 1981

1385

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 ...............................$ Utilities ..............................$ Audits Contracts .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
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...............................$ Utilities ..............................$ Audits Contracts .......................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Program Management Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges..................... . $ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Utilities ..............................$ Contract with Georgia Medical
Care Foundation. .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

44,855 49,715
--0-- 5,480 9,240 --0-- 62,343 35,230 25,000 3,400 15,595 30,000 1,401,592 668,276
64
854,438 69,313 10,378
--0-- 30,650 4,870 69,400 118,321 30,010 270,100 46,850 27,071 546,500 2,077,901 794,700
46
1,290,296 48,620 39,091 --0-- 55,200 7,690 --0-- 47,626 58,310 134,000 --0-- 9,170
1,440,000 3,130,003 1,237,710
79

1386

JOURNAL OF THE SENATE

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...............................$ Utilities ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ Agency Funds .........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,634,848 68,461 8,615 -- 0-- 11,470 3,515
7,048,000 66,213 69,760 --0--
626,320 22,880 9,560,082 1,000,000 7,104,306 1,455,776
119

5. Benefits Payments Budget:

Medicaid Benefits ......................$ 546,734,900

Payments to Counties

for Mental Health .....................$ 9,416,606

Total Funds Budgeted ...................$ 556,151,506

State Funds Budgeted ...................$ 171,515,231

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services .......................$ 4,900,316

Regular Operating Expenses ..............$ 231,249

Travel. ...............................$

107,799

Motor Vehicle Equipment Purchases .......$

--0--

Publications and Printing. ................$

102,800

Equipment Purchases ...................$

25,315

Computer Charges ......................$ 7,117,400

Real Estate Rentals. .....................$ 294,503

Telecommunications ....................$

193,310

Per Diem, Fees and Contracts .............$ 429,100

Postage...............................$ 676,570

Utilities ..............................$

74,716

Medicaid Benefits ......................$ 546,734,900

Payments to Counties for

Mental Health. .......................$ 9,416,606

Audits Contracts .......................$ 576,500

Contract with Georgia

Medical Care Foundation. ..............$ 1,440,000

Total Positions Budgeted

308

Authorized Motor Vehicles

5

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

MONDAY, MARCH 2, 1981

1387

the respective fiscal years to which such appropria tions were made, and such reserves shall not be subject to lapse.

Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.

Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .......$

4,043,896

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

708,422 16,860 12,645 --0-- 48,700 1,955
421,348 785
12,600 7,500 68,000 1,298,815 1,291,615
41

2. Classification and Compensation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Agency Assessments ....................$ Total Positions Budgeted

390,734 4,631 2,335 --0-- 7,135 1,570
128,983 --0-- 5,500 3,500 2,300
546,688 543,822
20

3. Program Evaluation and Audit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

256,538 4,605 1,265

1388

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ 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. ................$ 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
6. Health Insurance Claims Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

-- 0-- 500 775
227,620 --0-- 4,300 --0-- 1,000
496,603 487,603
14
353,607 16,580 15,805 --0-- 10,940 2,440 17,509 --0-- 5,400
107,189 3,200
532,670 511,831
19
370,089 9,702 3,500 --0-- 6,800 2,985
549,625 22,470 28,000
2,632,264 22,000
3,647,435
--0--
3,647,435 23
--0-- --0-- --0--

MONDAY, MARCH 2, 1981

1389

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-- 1,962,682 --0-- 92,000,000 93,962,682 --0-- 93,962,682
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 .....$ Deferred Compensation .................$ Total Positions Budgeted
8. Commissioner's Office Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Agency Assessments .......... .........$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services . ......................$

578,768 12,550 3,160 --0-- 5,000 2,381 47,520 --0-- 7,575 6,195 2,500
335,400 1,001,049
524,988 107,170
9,896 35
390,363 28,028
9,000 --0-- 23,100 2,150 --0-- 178,951 6,000 43,045 3,400 684,t)37 684,037
15
3,048,521

1390

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 ...............................$ Federal Sub-grants to
State and Local Agencies ...............$ Health Insurance Claim Payments .........$ Total Positions Budgeted Authorized Motor Vehicles

92,956 47,710
--0-- 102,175
14,256 1,392,605
202,206 69,375
4,762,375 102,400
335,400 92,000,000
167 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 eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources. $ 44,994,758

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 .............$ Postage ...............................$ Capital Outlay--Heritage Trust ............$ Total Funds Budgeted ...................$ Receipts from Jekyll Island
State Park Authority and Stone Mountain Memorial Association ..........................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,867,051 190,909 25,543 --0-- 184,900 2,550 140,950 140,362 70,000 128,145 90,000 175,000
3,015,410
45,000 2,970,410
92

2. Game and Fish Budget:
Personal Services .......................$ Regular Operating Expenses ..............$

9,014,400 2,900,041

MONDAY, MARCH 2, 1981

1391

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 .............$ Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition .................$ Total Funds Budgeted ...................$ Income from Timber Sales. ...............$ State Funds Budgeted ...................$ Total Positions Budgeted

90,765 379,600 66,600 517,273
37,562 40,259 183,474 90,437 59,516
7,000
276,293 107,849
--0--
330,000 14,101,069
100,000 11,624,513
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 ..............$ Total Funds Budgeted ...................$ Income from Timber Sales. ...............$ State Funds Budgeted ...................$ Total Positions Budgeted

7,522,156 3,414,201
116,664 197,886 127,720 202,390 42,329 110,498 219,430 240,522 52,768 100,000 1,865,500 250,000 739,010 2,533,000 6,500,000 280,000 500,000 121,000 50,000 25,185,074 150,000 12,806,046
^11

4. Environmental Protection Budget: Personal Services .......................$ 7,222,168

1392

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...............................$ 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

546,425 277,850
40,079 72,500 41,199 197,750 392,001 155,873 1,012,121 59,507 1,600,000 6,000,000
212,775
125,000 17,955,248 14,699,214
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 .............$ Postage...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

118,830 13,010 8,000 --0-- 2,500 3,350 1,000 6,000 2,000 20,000 100
174,790 174,790
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 ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Capital Outlay .........................$ Capital Outlay--Repairs
and Maintenance .....................$ Total Funds Budgeted ...................$

676,947 188,364 20,307 24,339 29,360
5,500 18,260
-0-- 24,612
5,300 15,000 10,000
7,000 1,024,989

MONDAY, MARCH 2, 1981

1393

State Funds Budgeted ...................$ Total Positions Budgeted

830,896 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

486,889
395,000 881,889 881,889
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

1,007,000 1,007,000 1,007,000
0

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Land and Water Conservation Grants .......$ Recreation Grants ......................$ 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 ......$

26,421,552 7,252,950 539,129 641,904 483,580 772,262 437,851 689,120 655,389 1,496,525 276,891 6,500,000 280,000
500,000 6,000,000 1,600,000
212,775

1394

JOURNAL OF THE SENATE

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. ..........$ Grants to Local Governments .............$ Georgia Sports Hall of Fame ..............$ Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................$ Payments to Stone Mountain Memorial Association. .................$ Total Positions Budgeted Authorized Motor Vehicles
Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.
Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available 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 alloca tion of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate

125,000 7,000
217,849
2,148,793 250,000 175,000
2,533,000 739,010
486,889
395,000
--0--
--0-- 121,000
--0-- 50,000
330,000
1,007,000 1,319 986

MONDAY, MARCH 2, 1981
critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided, however, that of the above appropria tion relative to Per Diem, Fees and Contracts, $25,000 is designated and committed for planning a Presiden tial Library.

1395

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 ....................$ Payments to the Department
of Natural Resources ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0--
1,212,624 488,407 3,500 18,400 40,405 75,385 --0-- --0-- 20,352 30,000 395,000 5,386 --0--
2,289,459 -0-- 59
1,979,009 1,265,476
15,700 61,000 35,855 91,245 14,000
-0-- 30,588 65,002
--0-- 19,100
--0--
20,000 3,596,975
-0-- 155

1396

JOURNAL OF THE SENATE

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 ...............$ Payments to the Department
of Natural Resources ..................$ 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 ob tains the approval of the Georgia State Financing and Investment Commission.

3,191,633 1,753,883
19,200 79,400 76,260 166,630 14,000
--0-- 50,940 95,002 414,100
--0-- 5,386
20,000 --0-- 214 91

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation ........................$ 117,290,942

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

3,994,630 209,575 85,200 --0-- --0-- 39,000 441,212 225,000 142,575 405,000 --0--
5,542,192 5,542,192
216

2. Georgia Training and Development Center Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$

1,111,829 105,448

MONDAY, MARCH 2, 1981

1397

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 ..............................$ Capital Outlay .........................$ 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 Positions Budgeted
5. Georgia Diagnostic and Classification Center Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$

1,000 --0-- --0-- 11,992 --0-- --0-- 10,735 20,000 89,000 1,350,004 1,350,004
68
3,899,467 404,557 3,520 --0-- --0-- 220,616 --0-- 35 33,000 6,192 341,000 17,000
4,925,387 4,925,387
258
1,088,411 64,253 2,200 --0-- --0-- 19,741 --0-- -0-- 3,085 --0-- --0--
1,177,690 955,690 51
4,191,183 490,566

1398

JOURNAL OF THE SENATE

Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,530 -- 0-- --0-- 55,543 --0-- --0-- 37,160 26,170 336,500 5,139,652 5,139,652
281

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

8,838,509 941,671 6,500 --0-- -- 0-- 114,466 --0-- --0-- 54,540 51,600 835,000 --0--
10,842,286 10,810,286
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

3,332,044 313,435 5,300 --0-- --0-- 24,519 --0-- --0-- 39,188 55,520 245,000
4,015,006 3,843,006
221

8. Lee Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

1,567,265 163,047 2,000 --0-- --0-- 54,799

MONDAY, MARCH 2, 1981

1399

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. Middle Georgia Correctional Institution -- Women's Unit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$

--0-- -- 0-- 15,888 8,820 160,000 1,971,819 1,971,819
122
965,707 123,413
1,600 --0-- --0-- 14,531 --0-- --0-- 13,520 14,640 102,500 -0-- 1,235,911 1,227,911
61
957,700 135,194
2,400 --0-- --0-- 19,923 --0-- -0-- 16,260 20,400 98,600 1,250,477 1,245,477
64
1,635,077 92,476 -0-- --0-- --0-- 2,516 --0-- --0-- --0--

1400

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
12. Jack T. Rutledge 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
13. Middle Georgia Correctional Institution -- Youthful Offender Unit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
14. Central Correctional Institution Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$

7,500 --0-- 1,737,569 1,737,569
114
2,140,692 212,033 2,000 --0-- --0-- 13,227 --0-- --0-- 12,000 19,200 180,000
2,579,152 2,579,152
147
3,384,737 493,975 5,600 --0-- --0-- 21,848 --0-- 3,300 63,200 12,000 189,700
345,000 4,519,360 4,519,360
236
1,941,617 200,012 2,700 --0-- --0--7,815 --0-- --0--

MONDAY, MARCH 2, 1981

1401

Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
15. Middle Georgia Correctional Institution -- Men's Unit Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Payments to Central State
Hospital for Utilities ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted
16. Metro 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
17. Coastal Correctional Institution Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

12,700 11,400 158,000 2,334,244 2,334,244
139
1,582,374 95,731 --0-- --0-- --0-- --0-- --0-- --0-- --0-- 16,500 --0--
--0-- 1,694,605 1,694,605
107
1,440,191 269,346 5,400 --0-- --0-- 168,036 --0-- --0-- 20,700 70,200 150,000 --0--
2,123,873 2,123,873
154
1,327,939 592,020 5,400 --0-- --0-- 580,554

1402

JOURNAL OF THE SENATE

Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 13,200 20,700 21,300 150,000
-0-- 2,711,113 2,641,113
158

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

398,965 26,995 20,000
--0-- --0-- --0-- --0-- 4,200 15,319 --0-- --0-- 465,479 465,479
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 ...................$

701,377 1,328,001
37,048 384,100 137,500
88,609 --0-- -- 0--
55,000 979,485 410,000 840,000
--0-- 250,000 450,000 4,624,550 383,250 1,265,017 610,000
977,200
1,148,300 22,406,390 37,075,827

MONDAY, MARCH 2, 1981

1403

State Funds Budgeted ...................$ 36,909,126

Total Positions Budgeted

9

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

508,048 115,492 81,613
--0-- 660
3,080 --0-- 30,000 7,250 --0-- 15,200 761,343 456,371
30

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

399,035 8,943 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- -- 0--
407,978 --0-- 26

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 ....................$

1,833,611 3,370,185
3,500 --0-- --0-- 210,000 --0-- --0-- 5,000 --0-- --0-- -- 0--
1,317,200

1404

JOURNAL OF THE SENATE

Payments to Central State Hospital for Utilities ...................$
Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

25,000 6,764,496 6,396,788
148

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

459,069 2,680,555
--0-- --0-- --0-- 313,530 --0-- --0-- --0-- 6,600 --0-- --0-- 3,459,754 3,419,754
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

9,387,842 247,035 240,000 --0-- --0-- 40,430 --0-- 201,300 155,000 15,600 6,000
10,293,207 10,293,207
576

25. Transitional 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 .........................$

1,786,170 164,684 9,450 --0-- --0-- 9,465 --0-- 219,200 28,300 37,644 187,700 --0-

MONDAY, MARCH 2, 1981

1405

Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,442,613 2,441,879
120

26. Diversion 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

1,993,096 168,645 16,000 --0-- --0-- 35,035 --0-- 196,196 32,300 13,026 112,700
2,566,998 2,266,998
145

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Utilities ..............................$ Payments to Central State
Hospital for Meals ....................$ Payments to Central State
Hospital for Utilities ...................$ Overtime .............................$ Court Costs ...........................$ Inmate Release Funds ...................$ County Subsidy ........................$ 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

60,866,585 13,017,287
540,961 384,100 138,160 2,069,275 441,212 892,431 793,420 1,818,797 3,766,900
1,317,200
370,000 --0--
250,000 450,000 4,624,550 383,250 1,265,017
977,200 610,000
1,148,300 840,000
22,423,390 4,107 460

It is the intent of this General Assembly that, with

1406

JOURNAL OF THE SENATE

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 Jail Subsidy .....................$ 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 .............$ County Jail Subsidy .....................$ Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Georgia Correctional Industries ...........................$
Georgia Correctional Industries Budget:
Personal Services. ......................$

4,272,807
4,051,308 111,954 231,503 --0-- 16,733 15,646 --0-- 114,703 93,400 20,690 54,750
4,710,687 4,272,807
237
4,051,308 111,954 231,503 --0-- 16,733 15,646 --0-- 114,703 93,400 20,690 54,750 237 2
--0--
1,231,244

MONDAY, MARCH 2, 1981

1407

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

513,300 28,600 97,000 15,000
208,000 2,600 22,000 34,550
26,200 5,307,000
84,000 468,725 8,038,219
--0-- 66

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

1,231,244 513,300 28,600 97,000 15,000 208,000 2,600 22,000 34,550 26,200
5,307,000 84,000
468,725 66 16

Section 34. 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

40,882,596
352,251 18,900 17,000 6,000 6,150 2,650 11,899 28,918 12,600 35,000 4,500
495,868 120,168
16

1408

JOURNAL OF THE SENATE

2. Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted
3. Financial and Procurement Budget:
Personal Services .......................$ 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

2,071,370 259,192 99,300 --0-- 311,500 37,000 146,147 --0-- 70,000 168,460 1,800
3,164,769 146,147
2,850,318 127
355,376 16,177 2,000 --0-- 3,000 2,000 --0-- --0-- 9,500 --0-- 2,000
390,053 --0--
390,053 19
1,704,970 100,997 12,950 --0-- 536,040 10,000
1,503,853 --0--
51,000 4,500
401,808 180,000
--0-- 4,506,118 1,353,853 3,107,265
112

MONDAY, MARCH 2, 1981

1409

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

488,589 41,250 4,000 --0-- 4,000 3,000 --0-- --0-- 17,000 --0-- 300 558,139 558,139 28

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

759,728 808,532
2,700 835,864
93,200 10,000 10,000
--0-- 20,000
6,000 70,100 2,616,124 2,616,124
42

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

22,793,511 4,171,626 23,047 312,000 187,010 262,321 --0-- 8,094 511,803 7,400 75,4,90 15,000
28,367,302 28,092,302
1,115

8. Georgia Peace Officers Standards and Training Budget:
Personal Services .......................$

534,153

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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
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
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
11. Georgia Firefighter Standards and Training Council Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$

1,706,490 24,700 29,260 37,580 2,235 31,448 33,876 16,780 16,500 4,000
2,437,022 2,212,022
25
378,449 127,600
6,000 --0-- 12,000 4,375 --0-- --0-- 8,000 146,000 2,000 684,424 449,424
16
231,573 36,289 10,500 --0-- 2,500 --0-- --0-- 15,182 5,882 70,800 3,750
376,476 359,476
12
91,565 8,540 8,800 --0--

MONDAY, MARCH 2, 1981

1411

Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

3,500 5,000 --0-- 3,000 3,000 3,000
900 127,305 127,305
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

84,564 11,420 4,000
--0-- 2,100 --0-- --0-- 4,883 2,250 2,600 --0-- 111,817 --0--
3

13. Georgia Public Safety Training Facility 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 .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted Authorized Motor Vehicles

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
0 0

Budget Unit Object Classes:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$

29,846,099 7,307, Q13 214,997 1,183,124 1,198,580 338,581

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Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Conviction Reports .....................$ Capital Outlay .........................$ Total Positions Budgeted .................$ Authorized Motor Vehicles ...............$

1,703,347 93,953 727,815
460,260 566,648 180,000
15,000 1,519 1,037

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropria tion 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 other wise placed a part of a State of Georgia Contract. Pro vided, further, that the development of said specifica tions shall be submitted to the Purchasing 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.

Section 35. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ....................$ 11,365,435

MONDAY, MARCH 2, 1981

1413

Departmental Operations Budget:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

147,335 11,218,100 11,365,435 11,365,435

Budget Unit Object Classes:
Payments to Employees' Retirement System ....................$
Employer Contributions .................$

147,335 11,218,100

Section 36. Public Service Commission.

Budget Unit: Public Service Commission .........................$ 3,233,212

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

679,904 15,825 13,225 --0-- 850 850 --0-- 64,275 27,200 500
802,629 802,629
26

2. Transportation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

829,721 119,556 47,175
--0-- 5,650 20,200 --0-- 40,268 19,500 3,500 1,085,570 1,085,570
46

3. Utilities Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

901,544 42,665 66,350

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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
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-- 1,400 15,700 2,500 42,005 31,000 318,000 1,421,164 1,345,013
47
2,411,169 178,046 126,750 --0-- 7,900 36,750 2,500 146,548 77,700 322,000 119 26

Section 37. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions .......$ 454,543,036
1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............$ 337,792,669 Sponsored Operations .................$ 56,450,938
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ 83,181,459 Sponsored Operations .................$ 43,685,655
Office of Minority Business Enterprise ...................$ 100,000
Special Desegregation Programs ...........$ 250,000 Satellite Medical Facility
Program ............................$ 500,000 Teachers' Retirement. ...................$ 39,739,358 Authority Lease Rentals. .................$ 20,859,000 Capital Outlay .........................$ 15,280,000 Total Funds Budgeted ...................$ 597,839,079
Less Agency Funds: Departmental Income ...................$ 9,497,000 Sponsored Income ......................$ 100,136,593 Other Funds...........................$ 93,370,000

MONDAY, MARCH 2, 1981

1415

Auxiliary Income .......................$ 2,777,000

Indirect Communication Charges ..........$ 3,027,300

State Funds Budgeted ...................$ 389,031,186

Total Positions Budgeted

15,633

Provided, that from appropriated funds in A, the amount of $20,859,000 in F.Y. 1981 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately report the same to the State Budget authorities for ap proval, whose approval shall be evidenced in writing.

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.

Provided, that revenue from student fees which ex ceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees of the House and Senate, except that student fee revenue derived from increased rates authorized by

1416

JOURNAL OF THE SENATE

the State Board of Regents shall not be subject to this limitation. 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, $5,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.
Provided, further, it is the intent of this General Assembly that the 1 V2% Personal Services continua tion factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 Vz% 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

471,538 --0--
269,950 --0--
741,488
--0-- --0-- 112,000 9,800 619,688
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 .................$
Total Funds Budgeted ...................$

641,549 600,000
482,500 491,000 2,215,049

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$

--0-- 1,091,000

MONDAY, MARCH 2, 1981

1417

Other Funds...........................$ Indirect DO AS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

284,014 --0--
840,035 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 ...................$

301,348 387,711
216,300 208,768 1,114,127

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 596,479
10,000 --0--
507,648 18

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 ...................$

6,785,249 17,702,237
5,644,100 14,523,181
60,000 44,714,767

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 32,225,418
8,190,301 117,600
4,181,448 273

6. Engineering Extension Division Budget:
Personal Services: Education, General and Departmental Services ...............$ Sponsored Operations .................$
Operating Expenses: Education, General and Departmental Services ...............$

838,246 35,000
423,100

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Sponsored Operations .................$
Advanced Technology Development Center .................$
Total Funds Budgeted ...................$

15,000
260,000 1,571,346

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 50,000 834,966 12,200 674,180
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 ...................$

14,936,752 1,600,000
6,055,800 1,400,000
--0-- 23,992,552

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds. ..........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 3,000,000 5,217,902
95,900 15,678,750
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. .......................$
Total Funds Budgeted ...................$

17,504,305 4,050,000
2,662,150 1,350,000
50,000 25,616,455

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- 5,400,000 4,690,000
126,700 15,399,755
911

MONDAY, MARCH 2, 1981

1419

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 ...................$

33,205,048 2,100,000
15,291,155 700,000
2,300,000 53,596,203

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Board of Corrections ....................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

867,019 2,800,000 25,330,439 1,237,417
193,500 23,167,828
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 .................$
Disease Research .......................$ Total Funds Budgeted ...................$

969,380 --0--
333,700 --0--
70,000 1,373,080

Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds ...........................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- 1,373,080
33

11. Family Practice Residency Program Budget:

Personal Services: Educ., Gen., and Dept. Svcs. ............$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$
Capitation Contracts for Family Practice Residency ..............$

91,079 85,700 984,000

1420

JOURNAL OF THE SENATE

Residency Capitation Grants. .............$ New Program Development Contracts
for Family Practice Residency ...........$ Student Preceptorships ..................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,275,000
300,000 135,000 2,870,779 2,870,779
4

Provided, that of the above appropriation, $135,000 is designated and committed for contracts with medical schools for a student preceptorship pro gram. Provided, further, that each student par ticipating in the program shall receive $500 and each family physician shall receive $500.

12. Georgia Radiation Therapy Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs .............$ Sponsored Operations .................$
Operating Expenses: Educ., Gen., and Dept. Svcs. ............$ Sponsored Operations .................$
Total Funds Budgeted ...................$
Less Agency Funds: Departmental Income ...................$ Sponsored Income ......................$ Other Funds...........................$ Indirect DOAS Services Funding ...........$ State Funds Budgeted ...................$ Total Positions Budgeted

318,234 -- 0--
180,425 --0--
498,659
--0-- --0-- 300,000 --0-- 198,659
30

Budget Unit Object Classes:

Personal Services:

Education, General and

Departmental Services ...............$ 413,855,397

Sponsored Operations .................$ 82,925,886

Operating Expenses:

Education, General and

Departmental Services ...............$ 114,826,339

Sponsored Operations .................$ 62,373,604

Office of Minority

Business Enterprise ...................$

100,000

Special Desegregation Programs ...........$ 250,000

Satellite Medical Facility

Program ............................$ 500,000

Agricultural Research ...................$

60,000

Disease Research .......................$

70,000

Advanced Technology

Development Center ..................$ 260,000

Capitation Contracts for

Family Practice Residency ..............$ 984,000

MONDAY, MARCH 2, 1981

1421

New Program Development Contracts for Family Practice Residency ....................$
Residency Capitation Grants. .............$ Student Preceptorships ..................$ Teachers' Retirement. ...................$ Authority Lease Rentals. .................$ Capital Outlay -- ETMH Renovations .......$ Capital Outlay .........................$ Total Positions Budgeted

300,000 1,275,000
135,000 39,739,358 20,859,000 2,300,000 15,330,000
20,390

B. Budget Unit: Regents Central Office ........$
1. Regents Central Office 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

13,242,028
2,370,300 709,268
3,097,050 492,500 500,000 200,000
5,682,910
190,000 13,242,028 13,242,028
99

Budget Unit Object Classes:
Personal Services .......................$ Operating Expenses .....................$ SREB Payments ........................$ Medical Scholarships. ...................$ Regents Opportunity Grants ..............$ Regents Scholarships ....................$ Grants to Junior Colleges. ................$ Rental Payments to Georgia
Military College ......................$ Total Positions Budgeted Authorized Motor Vehicles

2,370,300 709,268
3,097,050 492,500 500,000 200,000
5,682,910
190,000 99 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $739 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

It is the intent of the General Assembly that the State shall provide no more than 50 percent of The School of Medicine at Morehouse College's total operating cost. Provided, further, quarterly expen diture reports and certified annual audits shall be pro vided to the State Auditor and General Assembly on a
timely basis.

1422

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Section 38. Department of Revenue.
Budget Unit: Department of Revenue. .........$
1. Departmental Administration Budget:
Personal Services .......................$ County Tax Officials/Retirement
and PICA. ...........................$ Regular Operating Expenses ............. . $ Travel. ....... .. ......................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Total Funds Budgeted ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Budgeted

31,760,134
821,900
546,000 45,706 15,100 --0-- 20,000 --0-- 11,300 --0-- 18,860 6,000 120
1,484,986
--0-- 1,484,986
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

3,754,228 176,165 5,400 --0-- 230,000 303,244
1,732,621 --0--
66,300 --0--
4,134,000 434,000 --0--
10,835,958 1,050,000 9,785,958 259

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $4,134,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 4,300,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia

MONDAY, MARCH 2, 1981

1423

Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the ad vances 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 In tangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.
4. Sales Taxation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage ...............................$ Total Funds Budgeted ...................$ Indirect DOAS Services Funding. ..........$ State Funds Budgeted ...................$ Total Positions Budgeted

1,069,956 63,085 62,900 6,600 74,000 2,381
303,400 --0--
19,550 121,000
--0--
1,429,000
--0-- 12,000 3,163,872
--0-- 250,000 2,913,872
62
1,291,000 15,424 3,400 --0-- 62,000 3,380
470,200 --0--
22,940 --0--
74,000 1,942,344
305,000 1,637,344
85

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JOURNAL OF THE SENATE

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
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. 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
8. Field Audit Services Budget:
Personal Services .......................$

570,000 8,475 2,600 --0--
55,000 2,640
282,355 --0--
11,700 --0-- --0--
932,770 100,000 832,770
37
2,035,259 44,181 3,300 --0-- 312,500 11,110
1,843,508 --0--
35,900 --0--
190,000 4,475,758 1,500,000 2,975,758
123
2,030,000 10,700
370,000 --0-- 2,500 5,600 2,970 9,975
13,590 --0-- 50
2,445,385 2,445,385
78
5,346,762

MONDAY, MARCH 2, 1981

1425

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

190,060 351,524
--0-- 33,000 12,300 95,000 137,600 145,980
--0-- 43,000 6,355,226 50,000 6,301,226
295

9. 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 ...................$ Indirect Georgia Building
Authority Rents ......................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,084,000 137,869 1,000 --0-- 275,000 1,000 63,600 812,486 12,880 --0-- 995,000
3,382,835
--0-- 3,382,835
70

Budget Unit Object Classes:

Personal Services .......................$ County Tax Officials/Retirement
and PICA. ...........................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ........ ............$ Per Diem, Fees and Contracts .............$ Loans to Counties/Property
Reevaluation. ........................$
Grants to Counties/Appraisal Staff .........$ Motor Vehicle Tag Purchases .............$ Motor Vehicle Decal Purchases. ...........$ Intangible Tax Equalization Fund ..........$

18,003,105
546,000 691,665 815,224
6,600 1,064,000
341,655 4,804,954
960,061 347,700 127,000
--0-- 1,429,000 4,134,000
434,000 --0--

1426

JOURNAL OF THE SENATE

Postage. ..............................$ Total Positions Budgeted Authorized Motor Vehicles

1,314,170 1,040 111

Section 39. 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

11,155,253
2,200,058 808,422 119,237 27,500 100,180 24,378 290,944 210,728 65,965 348,375
4,195,787 4,195,787
131

Occupational Certification Functional Budgets

Accounting ............... Architect ................. Athletic Trainers ........... Auctioneers............... Barbers .................. Chiropractic. .............. Construction Industry....... Cosmetology .............. Dentistry ................. Engineers. ................ Forestry. ................. Funeral Service ............ Geology .................. Hearing Aid............... Landscape Architect ........ Librarians ................ Marriage and Family
Counselors .............. Medical Examiners ......... Nursing Home Administrators Board of Nursing........... Dispensing Opticians ....... Optometry................ Occupational Therapy. ...... Pest Control............... Pharmacy. ................

Cost of

Operations

$ 221,955

$ 57,074

$

3,363

$ 30,549

$ 145,762

$ 19,910

$ 208,977

$ 456,992

$ 164,492

$ 299,304

$

6,150

$ 112,705

$ 14,203

$ 19,617

$ 15,713

$

2,882

$ 24,032

$ 743,681

$ 22,011

$ 493,142

$ 33,521

$ 19,442

$

8,036

$ 32,234

$ 208,429

MONDAY, MARCH 2, 1981

1427

Physical Therapy. .......... Podiatry. ................. Polygraph Examiners ....... Practical Nursing. .......... Private Detective........... Psychologists. ............. Recreation................ Sanitarian. ................ Speech Pathology .......... Used Car Dealers. .......... Used Car Parts. ............ Veterinary................ Wastewater............... Well Water ............... Administration ............ Investigative .............. Total. ....................

$ 26,905

$

9,692

$ 20,351

$ 158,624

$ 183,393

$ 44,090

$ 13,172

$ 12,766

$ 23,307

$ 69,459

$ 41,383

$ 31,881

$ 26,030

$ 10,726

$ 237,964

$ 61,668

$ 4,335,587

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

367,080 32,870 8,000 5,500 3,000 3,240 13,165 17,290 7,500 1,500
459,145 459,145
17

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 .............$ Postage. ..............................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

445,421 23,240 1,000 --0-- 28,400 2,825 73,540 51,178 15,000 --0-- 30,000 670,604 670,604 30

4. Drugs and Narcotics Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$

375,227 34,025 25,000

1428

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
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 .............$

--0-- 300 380
--0-- 5,782 5,400 --0-- 446,114 446,114
15
1,534,944 153,379 33,628 --0-- 18,000 36,290 5,000 27,043 43,320 17,140
1,273,667 3,142,411 3,060,326
89
633,438 48,505
1,950 --0-- 100,000 2,027 --0-- 6,085 15,847 3,000 810,852 810,852
37
559,599 87,065 4,000 --0-- 71,950 972 6,000 29,365 15,000 11,000

MONDAY, MARCH 2, 1981

1439

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 .............$ Election Expenses ......................$ 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 .............$ Election Expenses ......................$ Postage...............................$ Authority Lease Rentals. .................$ Total Positions Budgeted Authorized Motor Vehicles

784,951 784,951
30
61,190 9,830 3,200 -- 0-- 10,000 --0-- -- 0-- 5,332 3,000 7,500
100,052 100,052
3
186,637 25,185
5,000 --0-- 6,000 --0-- --0-- -0-- 3,700
900 400,000 627,422 627,422
10
6,363,594 1,222,521
201,015 33,000
337,830 70,112
388,649 352,803 174,732 389,415 400,000
30,000 1,273,667
362 69

1430

JOURNAL OF THE SENATE

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 ...................I Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

799,981
422,300 163,640
11,000 10,000 28,000
1,840 51,501 27,300 13,600 70,800 799,981 799,981
27

Real Estate Commission Functional Budget

State Funds Real Estate Commission .....$ 799,981

Cost of

Operations Pos.

$ 833,555

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 Authorized Motor Vehicles

422,300 163,640
11,000 10,000 28,000
1,840 51,501 27,300 13,600 70,800
27 11

Section 40. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission .........................$
1. Internal Administration Activity Budget:
Personal Services . ......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$

14,260,727
1,174,872 114,298 27,280 --0-- 42,400

MONDAY, MARCH 2, 1981

1431

Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

11,950 116,486 69,518 40,337 100,250 1,697,391
--0-- 70

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees. .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

697,000 679,000 601,000
0

3. Georgia Student Finance Authority Budget:
Guaranteed Educational Loans ............$ Tuition Equalization Grants. ..............$ Student Incentive Grants. ................$ North Georgia College
ROTC Grants ........................$ Law Enforcement Personnel
Dependents' Grants ...................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

2,680,000 9,110,027 3,516,622
127,500
32,000 15,466,149 13,659,727
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. .............$ Guaranteed Educational Loans ............$ Tuition Equalization Grants. ..............$ Student Incentive Grants. ................$ Law Enforcement Personnel
Dependents Grants' ...................$ North Georgia College
ROTC Grants ........................$ Total Positions Budgeted Authorized Motor Vehicles

1,174,872 114,298 27,280 --0-- 42,400 11,950 116,486 69,518 40,337 100,250 679,000
2,680,000 9,110,027 3,516,622
32,000
127,500 70 1

Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed

1432

JOURNAL OF THE SENATE

$12,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are pro vided herein for the making of cancellable loans to stu dents.
Provided, that the above appropriated amount relative to Educational Loans shall otherwise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions of Code Section 32-3750, as amended, 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 paramedical and other professional and educational fields of study; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard: (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; and (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agri cultural teachers.
Provided, that the above appropriated amount relative to Student Incentive Grants provides for pay ment of need-based grants to undergraduate students as provided for in Article 4 of Code Chapter 32-37.
Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year, and for payment of grants for the 1980 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37.
Provided, that the above appropriated amount rel ative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37.
Provided, that the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37.

MONDAY, MARCH 2, 1981

1433

Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to lenders as provided for in Code Section 32-3314, and loan discount fee payments to lenders as provided for in Code Section 32-3315.
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 making timely payments of interest and special allowances to lenders as provided for in Code Section 32-3313 and Code Section 32-3710.
Section 41. 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 ....... 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

735,837
321,018 36,235 39,930 --027,005 3,600 -013,679 9,637 128,975
580,079 580,079
12
105,669 11,850 8,434 5,500 3,500 1,770 4,000 4,235 2,800 8,000
155,758 155,758
5

1434

JOURNAL OF THE SENATE

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

11,412 3,580
200 --0-- 18,970 --0-- --0-- 1,200 1,200 1,184 37,746 -0--
0
438,099 51,665 48,564 5,500 49,475 5,370 4,000 19,098 13,637 138,175 17 3

Section 42. 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. .....................I Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage...............................$ Floor Fund for Local
Retirement Systems ...................$ Employer Contributions .................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

1,298,750
1,120,408 42,101 12,050 --0-- 22,000 7,875 302,184 72,196 36,160 112,000 46,200
892,000 406,750 3,071,924 1,298,750
60

MONDAY, MARCH 2, 1981

1435

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...............................$ Floor Fund for Local
Retirement Systems ...................$ Employer Contributions .................$ Total Positions Budgeted Authorized Motor Vehicles

1,120,408 42,101 12,050 -- 0-- 22,000 7,875 302,184 72,196 36,160 112,000 46,200
892,000 406,750
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 Session of the Georgia General Assembly.

Section 43. 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 .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

406,222,632
63,202,565 3,875,829 1,595,810 --0-- 219,105 97,900 --0-- 26,365 712,594 6,917,436
374,497,251 451,144,855 162,039,801
3,186

2. Maintenance and Betterments Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$

48,925,758 29,454,961
245,304 --0-- 8,800 --0-- --0--

1436

JOURNAL OF THE SENATE

Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

-- 0-- 95,944 951,300 98,950,000 178,632,067 176,981,688
3,725

3. Authorities Budget:

Authority Lease Rentals. .................$ State of Georgia General
Obligation Debt Sinking Fund ...........$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

24,948,877
3,731,274 28,680,151 28,680,151

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .......$ Equipment Purchases ...................$ Capital Outlay .........................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

1,000,000 2,203,157
305,000 3,508,157 3,433,157

5. Assistance to Counties Budget:
Grants to Counties. .....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$

9,317,013 9,317,013 9,317,013

6. Administration Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

6,977,509 1,958,223
109,874 --0--
207,550 --0--
1,241,666 909,511 183,444 150,000
11,737,777 11,737,777
321

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in con formity with and pursuant to Article III, Section X, Paragraph VII, subsection (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law.

MONDAY, MARCH 2, 1981

1437

The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collec tion of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the im mediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authori ty Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Coun ties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the costs inci dent thereto provided all expenditures for county con tracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Pro vided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such In terstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and 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

1438

JOURNAL OF THE SENATE

lease rental contracts now in existence and for ap propriations to the "State of Georgia General Obliga tion Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.

For grants to counties for aid in county road con struction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of 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.

Provided further, it is the intent of the General Assembly that the following classes be reassigned to the new paygrade shown:

Class Transportation Captain Transportation Sergeant Transportation Enforcement Officer, Senior Transportation Enforcement Officer

New Paygrade 29 24 22 19

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction Geodetic Control .......................$ Capital Outlay--Paving State and Local Schools and State Institutions. ...........$ Paving State Parks and Historic Sites. ........................$ Railroad Grade Separation. ...............$ Railroad Relocation .....................$ Capital Outlay -- Appalachian Highway .....$

282,229
803,404
500,000 2,800,000
200,000 9,000,000

MONDAY, MARCH 2, 1981

1439

Maintenance and Betterments Capital Outlay -- Rehabilitation and Improvements Off-System. ..........$
Administration Real Estate Rentals . ...................$

15,000,000 60,187

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 ...................$
For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Depart ment of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
8. Air Transportation Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges ......................$ Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Capital Outlay .........................$ Total Funds Budgeted ...................$

9,317,000 9,317,000 9,317,000
450,552 315,144
11,505 --0-- 400 6,000 --0-- 1 4,100 500 -0-
788,202

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State Funds Budgeted ...................$ Total Positions Budgeted
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 .............$ Capital Outlay--Airport
Approach Aid ........................$ Mass Transit Grants. ....................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$ Total Positions Budgeted

483,202 17
552,434 47,509 29,366
--0-- 25,000
1,000 --0-- --0-- 17,000 1,137,924
720,000
1,000,000
300,000 3,405,109 7,235,342 3,382,843
24

10. Harbor Maintenance Budget:
Harbor Maintenance Payments. ...........$ 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 .........................$ 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 ...........$

850,000 850,000 850,000
120,108,818 35,651,666
1,991,859 1,000,000
460,855 2,308,057 1,241,666
935,877 1,013,082 9,157,160 473,752,251 3,405,109 9,317,000
850,000 9,317,013 24,948,877
720,000
3,731,274

MONDAY, MARCH 2, 1981
Capital Outlay--Airport Operational Improvements .............$
Capital Outlay--Airport Approach Aid ......$ Total Positions Budgeted Authorized Motor Vehicles

1441
1,000,000 300,000 7,273 4,800

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 project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transporta tion is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that $850,000 of the above allocation for harbor maintenance payments is designated and com mitted 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.

Section 44. Department of Veterans Services.

Budget Unit: Department of Veterans Service .............................$ 9,554,852

1. Veterans Assistance Budget:
Personal Services .......................$ Regular Operating Expenses ..............$ Travel. ...............................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing. ................$ Equipment Purchases ...................$ Computer Charges. .....................$

2,726,027 86,537 79,812 --0-- 20,900 --0-- 273

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JOURNAL OF THE SENATE

Real Estate Rentals. .....................$ Telecommunications ....................$ Per Diem, Fees and Contracts .............$ Postage. ..............................$ 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 ...................$
3. Veterans Nursing HomeAugusta 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 .........................$ Postage. ..............................$ Grants to Confederate Widows ............$ Operating Expense/Payments to
Central State Hospital. .................$ Operating Expense/Payments to
Medical College of Georgia .............$ Regular Operating Expenses
for Projects ..........................$

120,584 55,500
6,000 28,180
1,666 3,125,479 2,811,686
167 1
--0-- --0--
41,000
6,214,185 6,255,185 4,813,435
--0-- --0--
5,000
2,674,451 2,679,451 1,929,531
2,726,027 86,537 79,812 --0-- 20,900 --0-- 273 120,584 55,500 6,000 --0-- 28,180 1,666
6,214,185
2,674,451
46,000

MONDAY, MARCH 2, 1981

1443

Total Positions Budgeted Authorized Motor Vehicles
Section 45. 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. .....................$ 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 .............$ Postage...............................$

167 1
3,537,664
2,591,535 72,691 42,738 -- 0-- 40,500 24,364 116,200
202,561 56,016 81,714 47,585
3,275,904 3,275,904
127
210,615 11,221 10,684 --0-- 3,000 2,000 400 16,500 4,040 500 2,800
261,760 261,760
12
2,802,150 83,"912 53,422 / --0--
/ 43,500 26,364 116,600
219,061 60,056 82,214 50,385

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Total Positions Budgeted

139

Authorized Motor Vehicles

1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State 6f Georgia General Obligation Debt Sinking Fund (Issued) ........................$

36,894,251

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New). ...............,.........$ 29,911,000

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,661,000 is specifically ap propriated for the purpose of financing expansion of Georgia Ports Authority facilities through the issuance of not more than $42,372,728 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically ap propriated for the purpose of constructing and equip ping a public safety training facility through the is suance of not more than $5,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $24,750,000 is specifically ap propriated for the purpose of financing advance con struction of the Interstate System, through the issuance of not more than $225,000,000 in principal amount of General Obligation Debt.
Section 47. In addition to all other appropriations for the fiscal year ending June 30, 1981 there is hereby appropriated $2,250,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby ap propriated $5,052,600 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 ($4,844,000 -- 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 Depart-

MONDAY, MARCH 2, 1981

1445

ment of Administrative Services from agency fund col lections.
Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1981, there is hereby appropriated $1,000,000 to cover an increase in State contributions for Employee Health Insurance.
Section 49. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal] utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service ap propriations in Fiscal Year 1981 and thereafter.
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 determined by the Office of Planning and Budget.

Section 51. It is the intent of this General Assembly that each and every agency, board, commis sion 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 Genral 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 in tent 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 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 con templated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been ap-

1446

JOURNAL OF THE SENATE

propriated to supplant Federal funds, which such sup planted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the ex tent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 53. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each ac tivity contained in this Appropriations Act.
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 collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retail ing 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 direct ly or indirectly.
Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitu-

MONDAY, MARCH 2, 1981

1447

tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any depart ment, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1980, 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 re quired payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment con stitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 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 submitted to the General Assembly at the 1980 regular session and the amended Budget Report sub mitted to the General Assembly at the 1981 regular ses sion, except as otherwise specified in this Act; provid ed, however, the Director of the Budget is authorized to make internal transfers within a budget unit be tween objects, programs, and activities subject to the conditions that no funds whatsoever shall be transfer red for use in initiating or commencing any new pro gram or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1981, and provided, further, that no funds whatsoever shall be transferred between objects without the prior ap proval of at least eleven (11) members of the Fiscal Af fairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Ap propriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any depart-

1448

JOURNAL OF THE SENATE

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 con ditions provided hereinbefore for transfers.

Section 59. Whenever 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. 1981 submitted to the General Assembly at the 1980 regular session and the amended Budget Report submitted to the General Assembly at the 1981 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
(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 actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 62. TOTAL APPROPRIATIONS
F.Y. 1981 ................. $3,217,056,705.

MONDAY, MARCH 2, 1981

1449

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 Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Com mittee report on HB 162.

Senator Stumbaugh of the 55th moved that HB 162 be postponed until Tuesday, March 3.

The President ruled that the motion offered by Senator Broun of the 46th takes precedence.

Senator Stumbaugh of the 55th moved to table HB 162.

The President ruled that the motion offered by Senator Stumbaugh of the 55th to table HB 162 takes precedence.

On the motion, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Eldridge

Stumbaugh Sutton

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Tate Trulock
Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

1450
Lester McGill McKenzie Reynolds Robinson

JOURNAL OF THE SENATE

Scott Starr Stephens Summers Thompson

Timmons Turner Tysinger Walker Wessels

Not voting were Senators Brantley and Littlefield.

On the motion offered by Senator Stumbaugh of the 55th, the yeas were 6, nays 48; the motion was lost, and HB 162 was not placed on the Table.
On the motion offered by Senator Broun of the 46th, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant Coleman Deal Dean English Fincher of 52nd Fincher of 54th Foster

Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester McGill McKenzie

Those voting in the negative were Senators:

Ballard Barker Bell Bond Brannon Cobb

Coverdell Eldridge Engram Evans Garner

Reynolds Robinson Scott Starr Stephens Summers Thompson Timmons Trulock Turner Walker Wessels
Land Stumbaugh Sutton Tate Tysinger

Not voting were Senators Brantley and Littlefield.

On the motion, the yeas were 38, nays 16; the motion prevailed, and the Senate adopted the Conference Committee report on HB 162.

MONDAY, MARCH 2, 1981

1451

The following resolution of the House was read the first time and referred to committee:

HR 300. By Representatives Scott of the 123rd, Dent of the 85th, Chance of the 129th and others:
A resolution urging the Department of Revenue to distribute certain ex cess local option sales tax collections to local governments. Referred to Committee on Banking, Finance and Insurance.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 6:05 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 Tuesday, March 3, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 and Senate:
HB 816. By Representatives Lucas of the 102nd, Pinkston of the 100th, Ham of the 80th and others:
A bill to ratify the incorporation on September 10, 1979, of the existing Middle Georgia Consortium, Inc., under the Constitution of the State of Georgia, as an independent agency of the Middle Georgia Consortium for the administration of CETA grants.

HB 827. By Representative Branch of the 137th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to clarify that revenue-anticipation bonds issued by the Authority shall be issued and validated in accordance with applicable provisions of the "Revenue Bond Law''.

HB 828. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating a new charter for the City of Hartwell, so as to prohibit the mayor or councilmen from running for certain city of fices without resigning from the office held; to change certain prohibi tions relating to officers or employees of the city running for office.

HB 829. By Representatives Milford, Mann and Clark of the 13th: A bill to amend an Act placing the coroner of Hart County on an annual

TUESDAY, MARCH 3, 1981

1453

salary in lieu of the fee system of compensation, so as to change the com pensation of the coroner.

HB 830. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Hart County upon an annual salary, so as to change the compen sation of said clerk.

HB 831. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, so as to change the compensation and meeting dates, times, and places of the board of finance.

HB 835. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the probate judge) on a salary system of compensation, so as to change the provisions authorizing the governing authority of Clarke County to increase the base or supplementary salaries of the clerk and ordinary.

HB 836. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Clarke County, so as to change the provisions regarding compensation and ex pense allowances for the chairman and members of the Board.

HB 837. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to grant to the Athens-Clarke County Industrial Development Authority, created by an amendment to the Constitution of Georgia ratified at the general election held November 8, 1960, additional powers to carry out the public purpose for which is was created.

HB 838. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act providing for the combination of the present func tions of the Magistrate's Court of Clarke County, and the Recorder's Court of the City of Athens, so as to change the provisions regarding the salary of the judge of that court.

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HB 839. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County, so as to change the provisions authorizing the governing authority of Clarke County to increase the base and supplementary salaries of the tax commissioner.

HB 859. By Representative Lord of the 105th: A bill to amend an Act creating a board of commissioners for Johnson County, so as to change the compensation and expense allowance of the chairman and members of said board of commissioners.
HB 860. 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 sheriff and various personnel in the sheriff's of fice.
HB 861. By Representative Lord of the 105th: A bill to amend an Act abolishing the fee system of compensation of the clerk of the superior court of Washington County and establishing in lieu thereof an annual salary, so as to change the compensation of said clerk.
HB 862. By Representative Lord of the 105th: A bill to provide for a supplement to the compensation of the clerk of the Superior Court of Glascock County to be paid out of the funds of Glascock County.
HB 863. By Representative Lord of the 105th: A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County, so as to change the supplement to the compensation of the judge of the Probate Court of Glascock County.
HB 864. By Representative Lord of the 105th: A bill to amend an Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compen sation, so as to change the compensation of said tax commissioner.
HB 865. By Representative Lord of the 105th: A bill to amend an Act placing the Judge of the Probate Court of

TUESDAY, MARCH 3, 1981

1455

Washington County upon an annual salary and abolishing the fee system, so as to change the compensation of said judge.

HB 866. 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 867. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the compensation of the treasurer.

HB 868. By Representative Chamberlin of the 73rd:
A bill to amend an Act placing the sheriff, probate judge, clerk of the superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.

HB 869. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the membership of the Authority.

SB 151. By Senator Timmons of the llth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole Coun ty, so as to change the compensation of the tax commissioner.

SB 203. By Senators Reynolds of the 48th, Coleman of the 1st and Wessels of the 2nd:
A bill to amend Code Chapter 95A-9, relating to the regulation of public roads, as amended, so as to authorize the issuance of trimming permits for the trimming of vegetation obscuring the visibility of signs; to provide procedures and requirements in connection therewith.

SB 295. By Senator Starr of the 44th:
A bill to amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to qualifications of constables; to change the provisions relating to acting as constable after removal from district.

HB 738. By Representatives Davis of the 99th, Cason of the 96th, Jones of the 78th and others:
A bill to amend an Act relating to school attendance, so as to provide that

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JOURNAL OF THE SENATE

records and reports of attendance may only be used for one purpose.

HB 685. By Representatives Rainey of the 135th, Peters of the 2nd, Triplett of the 128th and Ralston of the 7th:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase the resident and nonresident commercial saltwater fishing license fees; to increase a certain commercial fishing boat license fee.

HB 746. By Representatives Mostiler of the 71st, Castleberry of the lllth, Williams of the 6th and others:
A bill to amend Code Chapter 114-9, relating to the Subsequent Injury Trust Fund in conjunction with workers' compensation, so as to provide that the employer or the insurer keep the Administrator of the Subse quent Injury Trust Fund informed as to any proposed settlement agree ment between the employee and the employer of the insurer.

HB 812. By Representatives Fortune and Mostiler of the 71st and Burruss of the 21st:
A bill to amend Code Section 26-1902, relating to armed robbery, so as to provide that a person commits robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article or device having the appearance of such weapon.

HB 716. By Representative Kemp of the 139th:
A bill to amend Code Section 27-705, relating to trials of misdemeanors upon accusations, so as to expand the list of offenses which may be tried upon the uniform traffic citation and complaint; to authorize the trial of certain misdemeanors upon a certain summons.

HB 717. By Representative Kemp of the 139th:
A bill to amend an Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, so as to authorize the acceptance and payment of cash bonds in certain cases.

HB 740. By Representative Marcus of the 26th:
A bill to amend Code Section 69-318, relating to the sale of municipal property, so as to provide that the provisions thereof, or any other law or ordinance, shall not apply to the sale of real property within its corporate limits by the governing authority of any municipal corporation to either a public authority or to a nonprofit corporation.

HB 741. By Representative Marcus of the 26th: A bill to authorize each municipal corporation of this State to enter into

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certain valid and binding long-term leases for the stated purpose of pro viding library service.

HB 774. By Representative Mostiler of the 71st:
A bill to amend an Act known as the "Uniform Standards Code for Mobile Homes Act", so as to change the short title; to change the term "mobile home" to "manufactured home"; to define "manufactured home".

SB 161. By Senator Timmons of the llth:
A bill to abolish the present method of compensating the Judge of the Probate Court of Seminole County, known as the fee system; to provide in lieu thereof an annual salary.

SB 232. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, so as to change the provisions relating to the compensation and travel of members of the board.

SB 303. By Senator Ballard of the 45th:
A bill to provide additional powers, duties, rights, obligations and responsibilities for the Newton County Industrial Development Authori ty; to provide for other matters relative thereto.

SB 304. By Senator Ballard of the 45th:
A bill to amend an Act known as the "Development Authorities Law'', so as to provide for the board of directors in certain counties; to provide for the repeal of certain provisions.

SB 314. By Senator Ballard of the 45th:
A bill to provide for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the Chairman of the Board of Commissioners of Newton County to reflect increases in the cost of living.

SB 353. By Senator Littlefield of the 6th:
A bill to create and establish a Small Claims Court of Camden County; to prescribe the pleading and practice; to prescribe the jurisdiction; to pro vide for the office of the judge of said court.

SB 354. By Senator Littlefield of the 6th: A bill to amend an Act placing certain county officials of Camden County

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upon an annual salary, so as to authorize the Board of Commissioners to supplement the salary of certain county officers.

SB 355. By Senator Littlefield of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Camden County, so as to authorize the Board of Commissioners of Camden County to supplement the salary of the tax commissioner.

SB 356. By Senator Littlefield of the 6th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to provide for a county purchasing agent and a central pur chasing office; to provide for the manner in which certain purchases shall be made.

SB 357. By Senator Littlefield of the 6th:
A bill to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county or dinances; to provide for the powers; to provide for bonds; to provide for appeals; to provide for funds; to provide for the disposition of fines; to provide for a solicitor.

HB 562. By Representative Russell of the 64th:
A bill to amend an Act recreating and establishing a board of commis sioners of Barrow County, so as to change provisions relating to the ex pense allowance of members of said board of commissioners.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 245. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A resolution creating the Legislative Overview Committee on Constitu tional Revision.

The House has adopted the report of the Committee on Conference on the following bill of the House:

HB 162. By Representatives Lambert of the 112th, Argo of the 63rd, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1980-81, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year ! 980-81.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 419. 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 provide for the quorum of the board.
Referred to Committee on Governmental Operations.
SB 420. By Senator Kidd of the 25th: A bill to amend Code Chapter 88-34, relating to registration of spinalcord disabled, so as to change the provisions relating to registration pro cedures; to change the provisions relating to the duties of the Depart ment of Human Resources; to provide an effective date.
Referred to Committee on Human Resources.
SB 421. By Senator Kidd of the 25th: A bill to amend an Act creating the board of commissioners of Wilkinson County, as amended, so as to provide for a monthly expense allowance for members of the board.
Referred to Committee on County and Urban Affairs.
SB 422. By Senators Starr of the 44th, Gillis of the 20th, Howard of the 42nd and others: A bill to amend the "Fair Employment Practices Act of 1978," as amend ed, so as to expand the definition of discriminations; to change the defini tion of the term ' 'handicap''; to provide for affirmative action programs.
Referred to Committee on Governmental Operations.
SB 423. By Senator Bryant of the 3rd: A bill to amend an Act to provide for the appointment and terms of office of members of the Liberty County Industrial Authority so as to define the term "project" to include undertakings for hotel and motel facilities.
Referred to Committee on County and Urban Affairs.
SB 424. By Senator Bryant of the 3rd: A bill to amend an Act creating the Small Claims Court of Mclntosh County so as to change the amount of the jurisdiction of said court; to change the provisions relating to commencement of actions and service.
Referred to Committee on County and Urban Affairs.

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SB 425. By Senator Bryant of the 3rd:
A bill to amend an Act creating a Small Claims Court for Liberty County, as amended, so as to change the jurisdiction of said court; to change cer tain costs. Referred to Committee on County and Urban Affairs.

SB 426. By Senators McGill of the 24th and English of the 21st:
A bill to add one additional judge of the superior courts of the Toombs Judicial Circuit of Georgia; to provide for the appointment or the first such additional judge by the Governor; to provide for the election of suc cessors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge.
Referred to Committee on Judiciary.

SR 127. By Senators Coverdell of the 40th and Brannon of the 51st:
A resolution requesting the Senate Public Safety Committee to reevaluate the motor vehicle inspection law. Referred to Committee on Public Safety.

SR 128. By Senators Trulock of the 10th, McGill of the 24th, Timmons of the 11th and others:
A resolution urging the United States Secretary and Department of Agriculture to take certain actions. Referred to Committee on Agriculture.

SR 129. By Senators Starr of the 44th, Gillis of the 20th and Howard of the 42nd:
A resolution authorizing the conveyance to the City of Atlanta on behalf of the Georgia Building Authority and the State of Georgia of all their respective right, title and interest in and to improved real property at 209 Pryor Street and 116 Mitchell Street in Atlanta, Fulton County, Georgia.
Referred to Committee on Public Utilities.

The following bills and resolution of the House were read the first time and referred to committees:

HB 685. By Representatives Rainey of the 135th, Peters of the 2nd, Triplett of the 128th and Ralston of the 7th:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to increase the resident and nonresident commercial saltwater fishing license fees; to increase a certain commercial fishing boat license fee.
Referred to Committee on Natural Resources and Environmental Quality.

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1461

HB 716. By Representative Kemp of the 139th:
A bill to amend Code Section 27-705, relating to trials of misdemeanors upon accusations, so as to expand the list of offenses which may be tried upon the uniform traffic citation and complaint; to authorize the trial of certain misdemeanors upon a certain summons.
Referred to Committee on Special Judiciary.

HB 717. By Representative Kemp of the 139th:
A bill to amend an Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, so as to authorize the acceptance and payment of cash bonds in certain cases. Referred to Committee on Special Judiciary.

HB 738. By Representatives Davis of the 99th, Cason of the 96th, Jones of the 78th and others:
A bill to amend an Act relating to school attendance, so as to provide that records and reports of attendance may only be used for one purpose. Referred to Committee on Education.

HB 740. By Representative Marcus of the 26th:
A bill to amend Code Section 69-318, relating to the sale of municipal property, so as to provide that the provisions thereof, or any other law or ordinance, shall not apply to the sale of real property within its corporate limits by the governing authority of any municipal corporation to either a public authority or to a nonprofit corporation.
Referred to Committee on County and Urban Affairs--GEN.

HB 741. By Representative Marcus of the 26th:
A bill to authorize each municipal corporation of this State to enter into certain valid and binding long-term leases for the stated purpose of pro viding library service. Referred to Committee on County and Urban Affairs--GEN.

HB 774. By Representative Mostiler of the 71st:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", so as to change the short title; to change the term "mobile home" to "manufactured home"; to define "manufactured home".
Referred to Committee on Industry, Labor and Tourism.

HB 746. By Representatives Mostiler of the 71st, Castleberry of the lllth, Williams of the 6th and others:
A bill to amend Code Chapter 114-9, relating to the Subsequent Injury

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Trust Fund in conjunction with workers' compensation, so as to provide that the employer or the insurer keep the Administrator of the Subse quent Injury Trust Fund informed as to any proposed settlement agree ment between the employee and the employer of the insurer.
Referred to Committee on Industry, Labor and Tourism.

HB 812. By Representatives Fortune and Mostiler of the 71st and Burruss of the 21st:
A bill to amend Code Section 26-1902 relating to armed robbery so as to provide that a person commits armed robbery when, with intent to com mit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article or device having the appearance of such weapon.
Referred to Committee on Special Judiciary.

HB 562. By Representative Russell of the 64th:
A bill to amend an Act recreating and establishing a board of commis sioners of Barrow County, so as to change provisions relating to the ex pense allowance of members of said board of commissioners. Referred to Committee on County and Urban Affairs.

HB 816. By Representatives Lucas of the 102nd, Pinkston of the 100th, Ham of the 80th and others:
A bill to ratify the incorporation on September 10, 1979, of the existing Middle Georgia Consortium, Inc., under the Constitution of the State of Georgia, as an independent agency of the Middle Georgia Consortium for the administration of CETA grants.
Referred to Committee on County and Urban Affairs.

HB 827. By Representative Branch of the 137th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to clarify that revenue-anticipation bonds issued by the Authority shall be issued and validated in accordance with the applicable provisions of the "Revenue Bond Law''.
Referred to Committee on County and Urban Affairs.

HB 828. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating a new charter for the City of Hartwell, so as to prohibit the mayor or councilmen from running for certain city of fices without resigning from the office held; to change certain prohibi tions relating to officers or employees of the city running for office.
Referred to Committee on County and Urban Affairs.

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HB 829. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the coroner. Referred to Committee on County and Urban Affairs.

HB 830. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Hart County upon an annual salary, so as to change the compen sation of said clerk. Referred to Committee on County and Urban Affairs.

HB 831. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, so as to change the compensation and meeting dates, times and places of the board of finance.
Referred to Committee on County and Urban Affairs.

HB 835. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the probate judge) on a salary system of compensation, so as to change the provisions authorizing the governing authority of Clarke County to increase the base or supplementary salaries of the clerk and ordinary.
Referred to Committee on County and Urban Affairs.

HB 836. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Clarke County, so as to change the provisions regarding compensation and ex pense allowances for the chairman and the members of the Board.
Referred to Committee on County and Urban Affairs.

HB 837. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to grant to the Athens-Clarke County Industrial Development Authority created by an amendment to the Constitution of Georgia ratified at the general election held November 8, 1960, additional powers to carry out the public purpose for which it was created.
Referred to Committee on County and Urban Affairs.

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HB 838. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act providing for the combination of the present func tions of the Magistrate's Court of Clarke County, and the Recorder's Court of the City of Athens, so as to change the provisions regarding the salary of the judge of that court.
Referred to Committee on County and Urban Affairs.

HB 839. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County, so as to change the provisions authorizing the governing authority of Clarke County to increase the base and supplementary salaries of the tax commissioner. Referred to Committee on County and Urban Affairs.
HB 859. By Representative Lord of the 105th:
A bill to amend an Act creating a board of commissioners for Johnson County, so as to change the compensation and expense allowance of the chairman and members of said board of commissioners. Referred to Committee on County and Urban Affairs.
HB 860. 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 sheriff and various personnel in the sheriff's of fice. Referred to Committee on County and Urban Affairs.
HB 861. By Representative Lord of the 105th:
A bill to amend an Act abolishing the fee system of compensation of the clerk of the superior court of Washington County and establishing in lieu thereof an annual salary, so as to change the compensation of said clerk. Referred to Committee on County and Urban Affairs.

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HB 862. By Representative Lord of the 105th:
A bill to provide for a supplement to the compensation of the clerk of the Superior Court of Glascock County to be paid out of the funds of Glascock County. Referred to Committee on County and Urban Affairs.

HB 863. By Representative Lord of the 105th:
A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County, so as to change the supplement to the compensation of the judge of the Probate Court of Glascock County.
Referred to Committee on County and Urban Affairs.

HB 864. By Representative Lord of the 105th:
A bill to amend an Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compen sation, so as to change the compensation of said tax commissioner. Referred to Committee on County and Urban Affairs.

HB 865. By Representative Lord of the 105th:
A bill to amend an Act placing the Judge of the Probate Court of Washington County upon an annual salary and abolishing the fee system, so as to change the compensation of said judge. Referred to Committee on County and Urban Affairs.

HB 866. 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 County and Urban Affairs.

HB 867. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the compensation of the treasurer. Referred to Committee on County and Urban Affairs.

HB 868. By Representative Chamberlin of the 73rd:
A bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers. Referred to Committee on County and Urban Affairs.

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HB 869. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the membership of the Authority. Referred to Committee on County and Urban Affairs.

HR 245. By Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th and others:
A resolution creating the Legislative Overview Committee on Constitu tional Revision. Referred to Committee on Judiciary.

The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 404. SB 405. HB 647. HB 710. HB 776. HB 777. HB 778. HB 788. HB 792. HB 793. HB 798. HB 799. HB 800. HB 801. HB 804. HB 805.

Do pass. Do pass. Do pass by substitute. 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.

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HB 806. Do pass. HB 818. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 235. Do pass. HB 478. Do pass.

Respectfully submitted, Senator Timmons of the 11th District, Chairman

Mr. President:

Your Committee on Public Utilities 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 119. Do pass by substitute. SB 401. Do pass by substitute.

Respectfully submitted, Senator Brown of the 47th District, Chairman

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 21. By Senator Kidd of the 25th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relating to contributions; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire.

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SB 68. By Senator Coverdell of the 40th: A bill to amend an Act providing that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, where there is a local pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly.
SB 157. By Senator Sutton of the 9th: A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to the deter mination of certain rates of interest for use in all calculations required in connection with Employees' Retirement System of Georgia.
SB 251. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th: A bill to amend Code Section 3-1004.1, relating to civil liability for firemen, so as to limit the liability of certain firemen.
SB 327. By Senator Barnes of the 33rd:
A bill to amend Code Section 59-112, relating to exemptions from jury duty, as amended, so as to provide an exemption for chiropractors; to provide an effective date.
SB 370. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others: A bill to amend an Act providing requirements relative to trappers and fur dealers, as amended, so as to revise the definition of certain terms; to authorize trapping of coyote at any time during the year; to authorize the trapping or capture and sale of rabbits and hares.
SB 385. By Senator Ballard of the 45th: A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit, as amended, so as to pro vide a salary supplement for each judge and the district attorney for the Alcovy Judicial circuit; to provide for cost-of-living increases.
SB 391. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955," as amended, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance or ordered military duty.

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SB 393. By Senator Summers of the 53rd:
A bill to amend an Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to delete the provisions relative to budgeting; to provide procedures for financing the expenses of the sheriff's office including personnel.

SR 52. By Senators Lester of the 23rd, Kennedy of the 4th and Garner of the 30th:
A resolution relative to the death penalty.

SR 103. By Senators Hudson of the 35th, Stephens of the 36th, Robinson of the 27th and others:
A resolution proposing an amendment to the Constitution so as to grant disabled American veterans a homestead exemption of $30,000.00 who served in any branch of the armed forces of the United States during any war or armed conflict and who are entitled to receive 100 percent of the benefits which are available from the United States Veterans Administra tion; to provide for the submission of this amendment for ratification or rejection.

SR 109. By Senators Howard of the 42nd and Evans of the 37th: A resolution creating the Special Study Commission on Mental Health.

HB 53. By Representative Dixon of the 151st:
A bill to amend Code Section 76-102, relating to suit for breach of bonds for good behavior, so as to change certain provisions relating to disposi tion of recovery.

HB 121. By Representatives Wood of the 9th, Hays of the 1st, Padgett of the 86th and others:
A bill to create a State Emergency Management Agency.

HB 137. By Representatives McDonald of the 12th, Cason of the.96th and Logan of the 62nd:
A bill to amend an Act creating the State Construction Industry Licensing Board, so as to authorize certain classes of licensure for master and con tracting plumbers.

HB 146. By Representatives Mullinax of the 69th, Mostiler of the 71st, Hawkins of the 50th 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.

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HB 167. By Representatives Isakson of the 20th, Adams of the 36th, Lane of the 40th and others:
A bill to amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, so as to change the definition of a certain term; to change the provisions relating to powers and duties of divisions within the board.

HB 186. By Representatives Childs of the 51st, Holmes of the 39th, Clark of the 55th and others:
A bill to provide for printing a supply of a summary of proposed general amendments to the Constitution for distribution to interested citizens.

HB 218. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public work camps, and prisoners, so as to provide for the placement of detainers of prison inmates having out standing sentences.

HB 231. By Representatives Padgett of the 86th, Cheeks of the 89th and Nicholsonof the 88th:
A bill to amend Code Section 26-2801, relating to cruelty to children, so as to change the penalty for a conviction of cruelty to children.

HB 306. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to provide for gifts by married persons.

HB 339. By Representatives Fuller of the 16th, Childers of the 15th, Adams of the 14th and Cummings of the 17th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide for determining amounts payable to certain retired public schoolteachers who retired pursuant to county, municipal, or local board of education retirement or pension system.

HB 374. By Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act creating the civil court of Richmond County (formerly the municipal court of Augusta), so as to change the jurisdictional amount of the civil court of Richmond County; to change certain rules of practice and procedure.

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HB 411. By Representative Walker of the 115th:
A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act", so as to grant municipalities the right to adopt certain offenses contained under such title as ordinances by reference.

HB 495. By Representative Nicholson of the 88th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for an additional method of executing employment contracts to allow the Superintendent to execute employ ment contracts through the use of a facsimile signature under such rules and regulations as approved by the Board of Education.

HB 509. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of Rich mond County to grant a discount for early payment of county ad valorem taxes; to provide for the amount of the discount.

HB 510. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of the Public School System of Richmond County to grant a discount for early payment of school ad valorem taxes; to provide for the amount of the dis count.

HB 525. By Representatives Williams of the 6th, Mullinax of the 69th, Wood of the 72nd and Mostiler of the 71st:
A bill to amend an Act providing for regulating the employment of children, to clarify the minimum age of employable minors; so as to allow the Commissioner of Labor to designate hazardous machines, pro cesses, and industries by regulations.

HB 595. By Representatives Lambert of the 112th, Argo of the 63rd, Martin of the 60th and others:
A bill to amend the "Executive Reorganization Act of 1972", so as to change the composition of the Board of Public Safety.

HB 661. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation and expense allowance of the members of said board and to change the compensation of the chairman.

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HB 663. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the Tax Com missioner.

HB 664. By Representatives Martin of the 60th and Wall of the 61st:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the sheriff.

HB 665. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the clerk of superior court and probate judge.

HB 707. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

HB 709. By Representatives Anderson, Hasty and Harris of the 8th, and Wood, Jackson and Lawson of the 9th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the compensation of the judge and solicitor of said court.

HB 721. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to create the Athens-Clarke County Charter Commission.

HB 725. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act establishing the State Court of Grady County, so as to change the provision relative to juries; to provide that jurors shall be drawn from the traverse jury list of the superior court.
HB 726. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act establishing the State Court of Grady County, so as to extend the term of the current judge.

HB 727. By Representative Hanner of the 130th: A bill to amend an Act to create and establish a Small Claims Court of

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Terrell County, so as to change the jurisdiction of the court; to increase the fees in the court.

HB 729. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners for Irwin Coun ty, so as to change the compensation of the chairman of the board of com missioners.

HB 749. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend the Charter of Columbus, Georgia, to provide that the Personnel Review Board shall be a Charter authorized Board of Colum bus, Georgia.

HB 750. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend an Act providing a Charter for the countywide govern ment of Columbus, Georgia, to declare the intent of the General Assembly; to provide for the Columbus Industrial and Port Development Commission.

HB 751. By Representatives Buck of the 95th, Smyre of the 92nd, Bishop of the 94th and others:
A bill to amend an Act abolishing the fee systems in the superior courts of the Chattahoochee Judicial Circuit, applied to the office of district at torney, and providing for the payment of the salary of said district at torney, so as to change the maximum compensation of the assistant district attorney.

HB 757. By Representative Sizemore of the 136th: A bill to create and establish a Small Claims Court of Worth County.

HB 759. 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 f said court.

HB 760. 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.

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HB 761. 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 commis sioner; to change the provisions relative to the compensation of the deputy tax commissioner.

HB 762. 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 763. By Representatives Johnson, Benefield, Lee and Wood 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 the expense allowance of other members of the Board of Commissioners.

HB 765. By Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th:
A bill to amend an Act incorporating the City of Adairsville, so as to ex tend the corporate limits of said city; to provide for a referendum.

HB 785. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.

HR 154. By Representatives Lambert of the 112th and Argo of the 63rd: A resolution approving certain rules of the Supreme Court of Georgia.

HR 206. By Representatives Scott of the 123rd, Triplett of the 128th, Phillips of the 125th and others:
A resolution proposing an amendment to the Constitution so as to pro vide for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources does not exceed $10,000.00.

TUESDAY, MARCH 3, 1981

1475

HR 210. By Representatives Phillips of the 125th, Scott of the 123rd, Davis of the 124th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the compensation of the members of the Board of Public Educa tion for the City of Savannah and the County of Chatham may be changed by local law without the necessity of the referendum.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Bond

Fincher of 52nd Land

Sutton Tate

Senator Bowen of the 13th introduced the chaplain of the day, Dr. J. W. Wallis, pastor of Jefferson Street Baptist Church, Dublin, Georgia, who offered scripture reading and prayer.
SENATE RULES CALENDAR Tuesday, March 3, 1981
TWENTY-NINTH LEGISLATIVE DAY
HB 278. Employees' Retirement--exclusions applicable to surviving spouses (AMENDMENT) (Ret-15th)

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SB 191. Employees' Retirement--transfer of legislative service (SUBSTITUTE) (Ret--38th)
HR 151. Brunswick--conveyance of certain State-owned property (SUBSTITUTE) (PubU-6th)
HB 29. Board of Dentistry--change appointment provisions (Hum R--42nd) SR 87. Alcohol Abuse Study Committee--create (Hum R--32nd) HB 253. Taking of Crabs-change provisions (AMENDMENT) (NREQ-6th) HB 276. District Attorney Emeritus--payments to surviving spouse (Ret--15th) SR 59. Position of National Conference of State Legislatures and Governors
Association--Medicaid program (App--5th) HB 136. "Electric Membership Corporations"--new Code title [AMENDMENTS)
(SJudy-2nd) HR 143. Catoosa County--conveyance of certain State-owned property (Pub
U--54th) HR 147. Thomas County--conveyance of certain State-owned property (Pub
U-9th) SB 307. Boat Safety Act-revise declaration of policy (AMENDMENTS)
(NREQ_-40th) HB 270. Superior Court Judges' Retirement--provisions on mandatory retirement
(SUBSTITUTE) (AMENDMENT) (Ret-9th)
Respectfully submitted,
1st Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee
The following general bills of the House and Senate, favorably reported by the committee, were read the third time and put upon their passage:
HB 278. By Representative Galer of the 97th: A bill to amend an Act creating the State Employees' Retirement System, so as to make exclusions which are applicable to widows applicable to all surviving spouses. Senate Sponsor: Senator Hudgins of the 15th.
The following fiscal note, as required by law, was read by the Secretary:

TUESDAY, MARCH 3, 1981

1477

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 22, 1981

SUBJECT: Fiscal Note-House Bill 278 Employees' Retirement System

This Bill strikes the word "widows" wherever it appears in Section 12 of the Act Creating the State Employees' Retirement System and in serts in lieu thereof the words "surviving spouses." This Bill would have no fiscal impact.

/s/ William M. Nixon State Auditor

Is/ Clark T. Stevens, Director Office of Planning and Budget

Senator Robinson of the 27th offered the following amendment:
Amend HB 278 by striking from Page 1, line 3, the following:
"so as",
and inserting in lieu thereof the following:
"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;
By striking from Page 1, lines 7 through 9 the following:
"Section 1. An Act creating the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby",
and inserting in lieu thereof the following:
"Section 2. Said Act is further".
By inserting after the enacting clause on Page 1 a new Section 1 to read as follows:
"Section 1. An Act establishing the Employees' Retirement

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System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of subsec tion (4) of Section 4 a new paragraph to read as follows:
'Anything in this Act to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during the period of the Vietnam Conflict may receive military service credit for such period of active duty up to a maximum of five years, provided such member shall pay the regular employee con tribution 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 4'/2 percent interest on said employee contribu tions, compounded annually to date of payment; provided, however, that 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 eligibility for retirement benefits or allowances from any other State or federal retirement program, ex cluding Social Security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. For the purposes of this Act, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975.',
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 eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and those retirement programs 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 will not be prej udicial 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 disability, 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 on active duty in the armed forces of the United States dur ing the period of the Vietnam Conflict may receive military service credit for such period of active duty 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 compensation first paid

TUESDAY, MARCH 3, 1981

1479

to him as an employee after returning from military service, plus 4Vz percent interest on said employee contributions, compounded annual ly to date of payment; provided, however, that no service in the arm ed 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 eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. For the purposes of this Act, the period of the Vietnam Con flict shall extend from August 5, 1964, through May 7, 1975.'"
By renumbering Section 2 as Section 3.

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 Lee Robinson, State Senator

District 27

FROM: William M. Nixon, State Auditor

DATE:

March 2, 1981

SUBJECT:

Cost Memorandum--LC 15-0373 (Vietnam Military Service) Employees' Retirement System (Floor amendment to HB 278)

This Bill would allow members to receive up to a maximum of five years' prior service credit for active duty service in the United States armed forces during the period of the Vietnam Conflict (August 5, 1964 through May 7, 1975). To obtain such prior service credit, ERS members must pay 5% of compensation last received before entering the military (or initially received as an employee after returning from the military) plus 4'/2% interest compounded annually to the date of payment.
Because the number of persons who would be affected by this Bill cannot be accurately estimated, sufficient data is not available to prepare a complete fiscal note. Based on the average age and projected compen sation of members in the eligible age group and assuming these members pay the required contributions and interest and retire when eligible for projection of benefits to age 65, the average unfunded liability created at retirement (in approximately 26 years) for each year of service granted by this Bill would be approximately $ 16,000 (which has a current present

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value of $5,100). The $16,000 average unfunded liability results from an average projected liability of $18,100 per year of service at retirement age less the members' projected contribution of approximately $2,100 per year of service. A survey of ERS members coupled with an actuarial study would be necessary to determine the exact fiscal impact of this pro vision.

I si William M. Nixon State Auditor

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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge

English Engram Foster Garner Greene Hill Horton Hudgins Hudson Kennedy Kidd Lester Littlefield

Those voting in the negative were Senators:

Bell Brantley Coleman Coverdell Evans Fincher of 52nd

Fincher of 54th Gillis Howard Land Stumbaugh

McGill McKenzie Reynolds Robinson Scott Starr Stephens Tate Thompson Timmons Turner Walker
Summers Sutton Trulock Tysinger Wessels

Not voting were Senators Bond and Holloway.

On the adoption of the amendment, the yeas were 38, nays 16, and the amend ment was adopted.

TUESDAY, MARCH 3, 1981

1481

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 Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincherof 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those voting in the negative were Senators:

Brantley Coverdell Evans

Stumbaugh Sutton

Those not voting were Senators:

Bond

Broun of 46th

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Thompson Timmons Turner Walker Wessels
Trulock Tysinger
Holloway

On the passage of the bill, the yeas were 46, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hudgins of the 15th moved that HB 278 be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 278 was immediately transmitted to the House.

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SB 191. By Senators Tate of the 38th, Trulockof the 10th, Engram of the 34th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide for the transfer of legislative ser vice into the Employees' Retirement System.

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 Horace E. Tate, Chairman Senate

Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

Februarys, 1981

SUBJECT: Fiscal Note-Senate Bill 191 Employees' Retirement System

This Bill would allow any former member of the Georgia General Assembly who was a member of the Legislative Retirement System (LRS) and who thereafter becomes a state employee and a member of ERS to transfer LRS service credits to ERS. Of the current members of the General Assembly, four are members of ERS, four are not members of either LRS or ERS, and the remainder are members of LRS. Future members would be allowed to join either System.

This Bill does not define the conditions of transferring service credits; however, administrators of ERS have indicated that this would involve transferring to ERS the employee and employer contributions paid while a member of LRS. Because members qualifying for these credits are expected to have relatively low contribution balances for their years' membership in LRS (due to lower General Assembly salaries than might otherwise be earned), this Bill could result in an unfunded liability to ERS. No specific cost can be identified; however, since the number of persons anticipated to transfer these credits would be small, the fiscal impact of this Bill on ERS would not be significant.

1st William M. Nixon State Auditor

Isi Clark T. Stevens, Director Office of Planning and Budget

TUESDAY, MARCH 3, 1981

1483

Senator Coverdell of the 40th offered the following substitute to SB 191:

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 authorize the transfer of legislative service into the Employees' Retirement System under certain conditions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amend ed, is hereby amended by adding at the end of Section 3 a new subsec tion, to be designated subsection (18) to read as follows:
"(18) Any former member of the Georgia General Assembly who, while a member of the Georgia General Assembly was a member of the Legislative Retirement System, and who, after ceasing to be a member of the Georgia General Assembly, thereafter becomes an employee in an agency subject to the provisions of this Act and becomes a member of the Employees' Retirement System, may transfer his service credits as a member of the Legislative Retirement System to the credit of his membership in the Employees' Retirement System subject to the following requirements:
(a) That all employee contributions made by the member to the Legislative Retirement System while a member of said system shall be transferred to the Employees' Retirement System or, if such employee contributions have been withdrawn, the member shall pay to the Board of Trustees such employee contributions in addition to the employer and employee contributions provided for hereinafter;
(b) That, after deducting any amount transferred under paragraph (a) above, the member shall pay employer and employee contribu tions, plus regular interest thereon, for all creditable service obtained under the Employees' Retirement System resulting from the transfer of credits from the Legislative Retirement System;
(c) That the basis for employer and employee contributions under paragraph (b) above shall be the compensation received by the member claiming the creditable service at the time creditable service is granted under the Employees' Retirement System;
(d) That the member shall file with the Board of Trustees an ap plication for the transfer of credits under this subsection; and
(e) That the member shall pay to the Board of Trustees the employer and employee contributions, plus regular interest thereon, required by this subsection at the time the application required under paragraph (d) is filed with the Board."

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Section 2. This Act shall become effective on July 1,1981.
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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 25, 1981

SUBJECT: Fiscal Note-Senate Bill 191 (Substitute by Coverdell) Employees' Retirement System

The substitute version of this Bill would allow any former member of the General Assembly who was a member of the Legislative Retirement System (LRS) and who thereafter becomes a state employee and a member of ERS to transfer LRS service credits to ERS. To obtain such service credit, members would be required to pay employer and employee contributions (plus interest) based on the member's compensa tion at the time the creditable service is claimed under ERS.

Because the number of persons who would be affected by this Bill cannot be accurately estimated, sufficient data is not available to prepare a complete fiscal note. Based on the average member of the General Assembly (age 45 with 10 years' LRS credit) and assuming the member becomes a state employee at a beginning salary of $25,000 and retires at age 65, this Bill would result in an unfunded liability at retirement of ap proximately $5,237, which has a present value of $1,353. If a member joined ERS at age 50, the unfunded liability at retirement would be ap proximately $2,395, which has a present value of $868. No specific cost can be identified; however, because the number of persons anticipated to transfer their LRS credit is small, it is estimated that this Bill would not have a significant impact on ERS.

/s/ William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

Senator Hudgins of the 15th moved the previous question.

TUESDAY, MARCH 3, 1981

1485

Senator Evans of the 37th moved to table SB 191.

The President ruled that the motion offered by Senator Evans of the 37th takes precedence.
On the motion, the yeas were 9, nays 32; the motion was lost, and SB 191 was not placed on the Table.
On the motion offered by Senator Hudgins of the 15th, the yeas were 34, nays 10; the motion prevailed, and the previous question was ordered.
On the adoption of the substitute, 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:

Barker Barnes Bell Bowen Brantley Coverdell Dean Eldridge

Engram Evans Fincher of 54th Garner Horton Howard Land Littlefield

Reynolds Scott Stumbaugh Summers Sutton Thompson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Ballard Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal English

Fincher of 52nd Foster Gillis Greene Hill Hudgins Hudson Kennedy Kidd Lester

McGill McKenzie Robinson Starr Stephens Tate Timmons Turner Walker Wessels

Not voting were Senators Bond and Holloway.
On the adoption of the substitute, the yeas were 24, nays 30, and the substitute was lost.

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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 Bowen Broun of 46th Brown of 47th Bryant Cobb English

Gillis Hill Hudgins Hudson Kennedy Kidd McGill McKenzie

Those voting in the negative were Senators:

Barker Barnes Bell Brannon Brantley Coleman Coverdell Deal Dean Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Horton Howard Land

Robinson Scott Stephens Tate Timmons Turner Walker Wessels
Lester Littlefield Reynolds Starr Stumbaugh Summers Sutton Thompson Trulock Tysinger

Not voting were Senators Bond and Holloway.

On the passage of the bill, the yeas were 24, nays 30.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Tate of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 191.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

TUESDAY, MARCH 3, 1981

1487

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 310. By Representatives Murphy of the 18th, Harris of the 8th and Collins of the 144th:
A resolution relative to adjournment at 5:00 p.m. on March 5, 1981 to reconvene at 10:00 a.m. on March 9, 1981.

Senator Hudson of the 35th moved that the following bill of the Senate be taken from the Table:

SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to pro vide a short title; to provide for definitions; to permit certain job-related conduct and prohibit other such conduct; to prohibit discrimination and retaliation.

On the motion, Senator Hudson of the 35th 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 Bowen Broun of 46th Brown of 47th Cobb Dean Eldridge Engram Evans Fincher of 52nd

Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kidd Littlefield

McGill McKenzie Reynolds Robinson Starr Stephens Stumbaugh Summers Tate Timmons Trulock

Those voting in the negative were Senators:

Allgood Barnes Bell Brantley

Bryant Coleman Coverdell Deal

English Gillis Kennedy Land

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Lester Scott Sutton

Thompson Turner Tysinger

Walker Wessels

Those not voting were Senators:

Bond

Brannon

Holloway

On the motion, the yeas were 33, nays 20; the motion prevailed, and SB 102 was taken from the Table and placed at the foot of the Rules Calendar.
The following resolution of the House was read and put upon its adoption:
HR 310. By Representatives Murphy of the 18th, Harris of the 8th and Collins of the 144th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on March 5, 1981, and to reconvene at 10:00 o'clock A.M. on March 9, 1981.
On the adoption of the resolution, the yeas were 42, nays 0.
The resolution, having received the requisite majority, was adopted.
Senator Gillis of the 20th assumed the Chair at the direction of the President.
The following general resolutions and bill of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:
HR 151. By Representatives Auten of the 154th and Tuten of the 153rd: A resolution authorizing and empowering the State Properties Commis sion, acting in the best interest of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to convey certain Stateowned real property located in the City of Brunswick, Glynn County, Georgia. Senate Sponsor: Senator Littlefield of the 6th.
The Senate Committee on Public Utilities offered the following substitute to HR 151:

TUESDAY, MARCH 3, 1981

1489

A RESOLUTION
Authorizing and empowering the State Properties Commission, act ing in the best interests of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to convey certain State-owned real property located in the City of Brunswick, Glynn County, Georgia; to provide an effective date; to repeal conflicting laws; and for other pur poses.
WHEREAS, by Deed dated September 17, 1959, the State of Georgia acquired from the Brunswick Ports Authority title to approximately 157 acres of unimproved real property in Glynn County, Georgia, as referenced in said Deed (said property hereinabove in the title and hereinafter in the WHEREAS clauses of this Resolution being referred to as the "Property"), fora consideration of $1; and
WHEREAS, of the above 157 acres of unimproved real property ap proximately 10 acres is fast land (above the ordinary high water line) the remainder all being tide land (below the ordinary high water line); and
WHEREAS, the present custody and control of the Property is in the Department of Natural Resources; and
WHEREAS, the City of Brunswick has expressed an interest in ac quiring and constructing a public boat marina complex on the Property; and
WHEREAS, it would be.beneficial to the State as a whole, and in par ticular to the region of and surrounding Glynn County, if such a public boat marina were to be constructed on the Property; and
WHEREAS, the Georgia Ports Authority has requested that the pro posed conveyance by the State to the City be subject to an easement to be conveyed from the State to the Georgia Ports Authority for a future road and rail corridor running approximately from the southeast corner of the Property to a point midway along the western boundary of the Property; and
WHEREAS, the power to deal with and to dispose of State-owned property is vested in the General Assembly of Georgia; and
WHEREAS, it is the judgment of the General Assembly that the staff and the members of the State Properties Commission possess such exper tise as to enable the Commission to act for and on behalf of and in the name of the State of Georgia in the negotiation and consummation of the conveyance of the Property to the City of Brunswick, subject to an ease ment to the Georgia Ports Authority.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of approximately 157 acres of land in the City of Brunswick, Glynn County, Georgia, as referenced hereinabove (hereinafter referred to as the "Property") and

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that in all matters relating to the conveyance of the Property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State of Georgia, acting by and through the State Properties Commission, convey to the Georgia Ports Authority an ease ment over, through, upon and across the Property for a road and rail cor ridor running approximately from the southeast corner of the Property to a point midway along the western boundary of the Property, subject to the following:
a. That the consideration for the conveyance of said easement shall be $10;
b. The provisions of the Coastal Marshlands Protection Act of 1970 (Ga. Laws 1970, p. 939, as amended) and all applicable laws, rules and regulations of the United States regarding the use and development of said easement; and
c. Such other terms and conditions as determined by the State, Prop erties Commission to be in the best interests of the State.
Section 3. That the State of Georgia, acting by and through the State Properties Commission, convey to the City of Brunswick all of the prop erty which is fast land, in fee without warranty of any type, kind or nature whatsoever, and convey to the City of Brunswick a nonexclusive easement and to only that portion of the tideland which is necessary for the construction, operation and maintenance of a public marina subject to the following:
a. That a plat of survey of the Property be prepared by the City of Brunswick and submitted to and approved by the State Properties Com mission;
b. That the conveyance of the Property be subject to the easement of the Georgia Ports Authority;
c. The provisions of the Coastal Marshlands Protection Act of 1970 (Ga. Laws 1970, p. 939, as amended) and all applicable laws, rules and regulations of the United States regarding the use and development of the Property;
d. That the consideration for the conveyance of the Property shall be $10; and
e. That the easement for the construction, operation and mainte nance of a public marina exist only so long as the property is used for that purpose;
f. Such other terms and conditions as determined by the State Proper ties Commission to be in the best interests of the State.
Section 4. That the State Properties Commission is hereby autho rized and empowered to do all acts and things necessary and proper to ef fect such conveyances.

TUESDAY, MARCH 3, 1981

1491

Section 5. That this Resolution shall become effective as law im mediately upon approval by the Governor or upon its becoming law without his approval.
Section 6. That all laws and parts of laws in conflict with this Resolution 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 adoption of the resolu tion 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 Bowen Brantley Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brannon Broun of 46th

Deal Gillis (presiding) Hill

Robinson Timmons

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

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HB 29. By Representative Savage of the 25th:
A bill to amend Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, so as to change the provisions relating to the appointment of members.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Bond Bowen Eldridge

Gillis (presiding) Hill Robinson

Littlefield McGill McKenzie Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Starr Timmons

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 87. By Senator Thompson of the 32nd: A resolution creating the Alcohol Abuse Study Committee.

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1493

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester Littlefield McGill McKenzie Reynolds Scott Staff Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Bowen Gillis (presiding)

Hill Robinson Tate

Timmons Trulock

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 253. By Representatives Auten of the 154th, Tuten of the 153rd, Kemp of the 139th and others: A bill to amend Code Section 45-902, relative to fishing with powerdrawn nets, the opening and closing of waters, and the confiscation of il-

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legally used equipment, so as to change the provisions relating to the tak ing of crabs and the opening of waters for the taking of crabs.
Senate Sponsor: Senator Littlefield of the 6th.

The Senate Committee on Natural Resources and Environmental Quality of fered the following amendment:

Amend HB 253 by striking on Page 1, line 24, the following: "and one-half (4-'/2)",
and inserting in lieu thereof the following: "(4)".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Brown of 47th Bryant
Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

Those not voting were Senators:

Bond

Hill

Broun of 46th

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land

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1495

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 276. By Representative Galer of the 97th:
A bill to amend an Act creating the office of district attorney emeritus, so as to make certain provisions which are applicable to payments to widows applicable to all surviving spouses.
Senate Sponsor: Senator Hudgins of the 15th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1981

SUBJECT: Fiscal Note-House Bill 276 District Attorney Emeritus (Same as for House Passed Version)

This Bill stikes the word "widow" wherever it appears in Section XII of the Act creating the office of district attorney emeritus and inserts in lieu thereof the words "surviving spouse." This Bill would have no fiscal impact.

Is/ William M. Nixon State Auditor

Is/ 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.
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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th Evans

Hill Hudson

Land Summers

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 59. By Senator Bell of the 5th: A resolution supporting the position of the National Conference of State Legislatures and the National Governors Association on the Medicaid program.
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 Bowen

Brannon Brantley Broun of 46th

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1497

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Fincherof 52nd Fincher of 54th Foster Garner

Gillis Greene Holloway Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds

Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Evans

Hill Hudgins

Robinson

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others: A bill to provide a new Code Title 34C, "Electric Membership Corpora tions". Senate Sponsor: Senator Wessels of the 2nd.
The Senate Committee on Special Judiciary offered the following amendment:
Amend HB 136 by adding on Page 11, line 14, after the word and symbol "situated." the following:
"When said purchases involve supplies needed in the delivery of electricity to its customers, the individual electric membership cor poration shall make diligent efforts to include in its purchasing pro cess minority businesses."
On the adoption of the amendment, the yeas were 40, nays 0, and the commit tee amendment was adopted.

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Senator Wessels of the 2nd offered the following amendment:

Amend HB 136 by adding on Page 1, line 16, after the word and sym bol "provisions;" the following:
"to provide for legislative intent;";
and
By renumbering Sections 2 through 6 as Sections 3 through 7, respec tively, and adding a new Section 2 to read as follows:
"Section 2. It is the intention of the General Assembly that nothing in this Act shall be construed so as to authorize any electric membership corporation or EMC to own or operate a cable television system."

On the adoption of the amendment, the yeas were 35, nays 4, and the amend ment was adopted.

Senator Wessels of the 2nd offered the following amendment to HB 136:

Amend HB 136 by striking on Page 47, line 12 the word "shall" and inserting in lieu thereof the word "may";
and by striking the sentence on Page 47, beginning on line 16 and ending on line 17 which reads as follows:
"The directors of a district shall be elected only by the members of that district."

On the adoption of the amendment, the yeas were 39, nays 2, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Cobb Coleman Coverdell

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1499

Deal Dean English Engram Evans Fincherof 52nd Fincher of 54th Foster Gillis Greene Hill Holloway

Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Summers Tate Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bowen Brannon Eldridge

Sutton Thompson

Howard Stumbaugh

Not voting were Senators Bond and Garner.

On the passage of the bill, the yeas were 47, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution of the Senate was read and adopted: SR 130. By Senator Robinson of the 27th:
A resolution commending Coach Dan Pitts and the Mary Persons High School Football Team and inviting them to appear before the Senate.
Senator Robinson of the 27th introduced Coach Dan Pitts and the Mary Persons High School Football Team to the Senate.
The following general resolutions of the House, favorably reported by the com mittee, were read the third time and put upon their adoption:
HR 143. By Representative Peters of the 2nd: A resolution authorizing the conveyance of certain State-owned property located in Catoosa County, Georgia. Senate Sponsor: Senator Fincher of the 54th.

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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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge
English

Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean Engram

Evans

Garner

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 147. By Representatives Collins of the 144th and Colwell of the 4th: A resolution authorizing the conveyance of certain State-owned property located in Thomas County. Senate Sponsor: Senator Sutton of the 9th.
Senator Land of the 16th offered the following substitute to HR 147:

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1501

A RESOLUTION
Authorizing the conveyance of certain State-owned property located in Thomas County; authorizing the conveyance of certain State-owned real property located in the City of Columbus, Muscogee County, Georgia; to provide an effective date; and for other purposes.
PART I.
WHEREAS, the State of Georgia is the owner of a certain 100-foot conical, tapered flagpole located within Thomas County, Georgia; and
WHEREAS, the Department of Human Resources has custody and management of said property; and
WHEREAS, the above-mentioned property was obtained by the State as part of a conveyance from the United States Department of Health, Education, and Welfare for use as a Regional Mental Health Facility, now known as Southwestern State Hospital; and
WHEREAS, both Southwestern State Hospital and State Mental Health officials and the United States Department of Health, Education, and Welfare officials have declared the said flagpole surplus to the opera tional needs of said facility; and
WHEREAS, the City of Pelham has requested that such flagple be conveyed to them for placement in front of the recently renovated Pelham City Hall.
PART II.
WHEREAS, the State of Georgia is the owner of certain real property currently under the custody and management of the Department of Human Resources, known as the "Old Regional Youth Development Center", located within the City of Columbus, Muscogee County, Georgia; and
WHEREAS, the property was transferred to the State of Georgia by the Columbus-Muscogee County Consolidated Government in June of 1974 and placed under the custody and management of the Department of Human Resources; and
WHEREAS, the Department of Human Resources has used such property since 1974 as a regional youth development center, but con structed a new facility on adjacent property in 1979 thereby causing this property to be surplus to the needs of the Department of Human Resources; and
WHEREAS, the City of Columbus is desirous of obtaining the building known as the old Regional Youth Development Center building and adequate land for parking purposes; and
WHEREAS, the above-described property is no longer needed by the Department of Human Resources or the State of Georgia, and is, therefore, surplus.

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PART III.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the City of Pelham is authorized to dismantle and remove a certain 100-foot conical, tapered flagpole and all appurtenances attached thereto located at Southwestern State Hospital in Thomasville, Thomas County, Georgia, for a consideration of $1 to be paid to the Department of Human Resources.
BE IT FURTHER RESOLVED (a) That the State of Georgia is the owner of certain real property located in Columbus, Muscogee County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Proper ties Commission.
(b) That the to-be-described real property shall be sold and conveyed by appropriate instrument to the City of Columbus by the State of Georgia, acting by and through the State Properties Commission, for a consideration of one dollar ($1) and upon such further conditions and provisions as directed by the State Properties Commission.
(c) That a plat of survey be prepared by the City of Columbus depict ing the building known as the old Columbus Regional Youth Develop ment Center and desired surrounding area, but not more than three acres, and submitted to the State Properties Commission prior to the con veyance of said property.
BE IT FURTHER RESOLVED that this Resolution shall become ef fective upon it approval by the Governor or upon its becoming law without his approval, and in accordance with the provisions hereof.

The President ruled that the substitute to HR 147 offered by Senator Land of the 16th was not germane.

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 Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman

Coverdell Deal Eldridge English Evans
Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy

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1503

Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting were Senators Dean and Engram.

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:
SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A bill to amend an Act relating to health coverage for State employees, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the max imum employer contribution from five percent to eight percent of the total outlay for personal services.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Lambert of the 112th, Milford of the 13th and Argo of the 63rd.

The House insists on its position in amending the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:

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SB 71. By Senators Lester of the 23rd, Starr of the 44th and Kidd of the 25th:
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; to authorize the Insurance Commissioner to require continu ing education as a prerequisite for the renewal for licensure.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Wood of the 9th, Veazey of the 146th and Castelberry of the 111th.

The following general bill of the Senate, having been read the third time on February 26 and postponed until March 2, was put upon its passage:

SB 307. By Senators Coverdell of the 40th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Boat Safety Act", as amended, so as to revise the declaration of policy; to provide a definition for the term "marine event"; to revise the numbering exemption for rac ing vessels; to correct a typographical error pertaining to the fees for vessel certificates of number.

The Senate Committee on Natural Resources and Environmental Quality of fered the following amendment:

Amend SB 307 by striking on Page 5, line 8, the word "Sherer" and inserting in lieu thereof the following:
"Juliette",
and
By inserting on Page 7, line 25, between the word "event" and the word "who", the following:
"anticipated to attract 5,000 or more participants and spectators".

On the adoption of the amendment, the yeas were 39, nays 0, and the commit tee amendment was adopted.

Senator Coverdell of the 40th offered the following amendment:

Amend SB 307 by striking on Page 7, lines 24 through 33 and on Page 8, lines 1 through 19 and inserting in lieu thereof the following:
"(b) Bonds.

TUESDAY, MARCH 3, 1981

1505

(1) Any person sponsoring a marine event shall provide to the Department an indemnity bond issued by a surety company autho rized to transact business in this State, in the amount of $50,000 or such lesser amount as determined appropriate by the Commissioner in his discretion under criteria set forth in regulations adopted by the Board. Such bond shall be payable to the Department and conditioned upon the faithful performance of the requirements set forth in this Act, the regulations promulgated pursuant thereto and the conditions of the permit issued thereunder.
(2) Upon the failure or refusal of the sponsor to comply with any requirement of this Act, the regulations promulgated pursuant thereto, or the conditions of a permit issued thereunder, which failure results in damage to the Department or to the State of Georgia, the Commissioner may make demand upon the sponsor and the surety for such portion of the face amount of the bond as he determines is necessary to compensate the Department or the State for all damages suffered. Upon refusal or failure of the sponsor or surety to pay over the said sum, he shall initiate an action at law to recover the said sum.
(3) Upon recovery of such sum, the Department is authorized to reimburse itself for any expenses incurred in connection with the clean-up and minimization of damage to natural resources, or to ex pend such sum to clean up and minimize the said damage, or both.
(4) Any person sponsoring a marine event shall also provide a forfeiture bond, issued by a surety company authorized to transact business in this State, in the amount of $50,000 or such lesser amount as determined appropriate by the Commissioner in his discretion under criteria set forth in regulations by the Board. Such bond shall be payable to the Department and conditioned upon the faithful per formance of the requirements set forth in this Act, the regulations pro mulgated pursuant thereto and the conditions of the permit issued thereunder.
(5) Upon the failure or refusal of the sponsor to comply with any requirement of this Act, the regulations promulgated pursuant thereto, or the conditions of a permit issued thereunder, the Commis sioner may made demand upon the sponsor and the surety for the face amount of the bond; provided, however, that the Commissioner may, in his discretion and in accordance with the regulations adopted by the Board, make demand for an amount less than the said face amount. In exercising such discretion, he may consider the seriousness and degree of the non-compliance. Upon refusal or failure of the sponsor or surety to pay over the said sum, he shall initiate an action at law to recover the said sum.
(6) Upon recovery of said sum, it shall be paid into the treasury of the State of Georgia.'',
and by striking on Page 9, lines 1 through 11, and inserting in lieu thereof the following:
"(2) Setting forth the criteria for determining when an indemnity

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bond shall be required and the appropriate amount thereof, and when a forfeiture bond shall be required, the appropriate amount thereof, and the conditions for default thereunder. In adopting the indemnity bond regulations, the Board shall include, without limitation, criteria relating to the expense of restoring the water body and its surrounding area to the state of cleanliness existing before the event. In adopting the forfeiture bond regulations, the Board shall include, without limitation, criteria relating to the magnitude of the event, the water body and surrounding area upon which it will be held, and the poten tial public safety hazard inherent in the event. The Board may, by regulation, establish bond forfeiture conditions for categories of noncompliance, including, but not limited to, failure or refusal to comply with requirements to provide facilities for the convenience of par ticipants and spectators, requirements relating to public safety, and requirements relating to damage to the water body and surrounding area upon which the event was held."

Senator Gillis of the 20th offered the following amendment:

Amend the amendment offered by Senator Coverdell of the 40th to SB 307 by adding on line 2 of the quoted matter between the words "event" and "shall" the following:
"anticipated to attract 10,000 or more participants and spec tators".

On the adoption of the amendment, the yeas were 44, nays 0, and the amend ment offered by Senator Gillis of the 20th to the amendment offered by Senator Coverdell of the 40th was adopted.

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 42, nays 0, and the amendment was adopted as amended.

Senator Kidd of the 25th moved that SB 307 be postponed until March 4.

On the motion, the yeas were 38, nays 1; the motion prevailed, and SB 307 was postponed until March 4.

The following general bill of the House, having been read the third time on February 26 and postponed until March 2, was put upon its passage:

HB 270. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System", so as to change the provisions relative to mandatory retirement.

TUESDAY, MARCH 3, 1981

1507

Senator Barries of the 33rd moved that HB 270 be postponed until March 4.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 270 was postponed until March 4.

The following general bill of the Senate, having been read the third time on February 25 and tabled, and taken from the Table previously today, was put upon its passage:

SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to pro vide a short title; to provide for definitions; to permit certain job- related conduct and prohibit other such conduct; to prohibit discrimination and retaliation.

Senator Hudson of the 35th moved that SB 102 be postponed until March 4.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 102 was postponed until March 4.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:45 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, March 4, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called 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 Tate of the 38th moved that the Senate reconsider its action of March 3 in defeating the following bill of the Senate:

SB 191. By Senators Tate of the 38th, Trulock of the 10th, Engram of the 34th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide for the transfer of legislative ser vice into the Employees' Retirement System.

On the motion, the yeas were 29, nays 2; the motion prevailed, and SB 191 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 message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 872. By Representatives Veazey and Perry of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the date of the special election to fill certain vacancies in membership of the board.

HB 873. By Representatives Veazey and Perry of the 146th:
A bill to repeal an "Act creating a Small Claims Court in each county in this state having a population of not less than 11,775 and not more than

WEDNESDAY, MARCH 4, 1981

1509

12,100 according to the U. S. Decennial census of 1960 or any future such census, and including the counties of Berrien and Cook".

HB 874. By Representatives Veazey and Perry of the 146th:
A bill to repeal an "Act creating a Small Claims Court in each county in this state having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census".

HB 875. By Representative Phillips of the 91st:
A bill to amend an "Act to incorporate the Town of Chipley, in the coun ty of Harris, and for other purposes", so as to provide for the office of town clerk; to abolish the office of recorder; to provide for the transfer of all powers, duties, and functions of the office of recorder to the office of town clerk.

HB 877. By Representatives Veazey and Perry of the 146th:
A bill to create and establish a Small Claims Court in Tift County; to pro vide for the initial judge.

HB 882. 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 change the penalty provisions for offenses tried in the municipal court.

HB 885. By Representative McDonald of the 12th:
A bill to amend an Act creating the office of tax commissioner of Jackson County and placing the clerk of the superior court, the sheriff, and the probate judge of Jackson County on a salary basis.

HB 886. By Representative Ross of the 76th:
A bill to amend an Act creating a new charter for the City of Lincolnton, so as to change the provisions relating to personnel of such governing authority.

HB 893. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to provide a new charter for the Town of East Dublin.

HB 895. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A bill to create the Downtown Dalton Development Authority.

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HB 900. By Representatives Chambless of the 131st, Hutchinson of the 133rd and McCollum of the 134th:
A bill to amend an Act creating the Albany-Doughterty Inner City Authority, so as to change and provide for definitions; to amplify, change, expand, and declare the purposes and objectives of the Authori-
ty.

HB 908. 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 485. By Representatives Buck of the 95th, Smyre of the 92nd, Galer of the 97th and others:
A bill to amend Code Title 56, so as to clarify existing laws and to provide that nonprofit hospital service corporations organized under the provi sions of Code Chapter 56-17 and nonprofit medical service corporations organized under the provisions of Code Chapter 56-18 may invest in or lend their funds on security of such assets as are permitted by Code Chapter 56-10 for the investment of assets of domestic life insurance companies.

HB 184. By Representatives Reaves of the 147th, Irvin of the 10th, Long of the 142nd and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", so as to allow warehouse receipts to be issued at the option of the warehousemen, unless otherwise required by law or rule or regulation.

HB 619. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Code Section 24-2801, relating to election, qualification, term of office, etc., of sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to change residency requirements.

HB 489. By Representative Baugh of the 108th:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment procedures for alcoholics, drug dependent individuals, and drug abusers, so as to change certain procedures regarding the failure of pa tients to comply with treatment plans.

HB 490. By Representative Baugh of the 108th:
A bill to amend Code Chapter 88-5, relating to hospitalization and treat ment procedures for the mentally ill, so as to change certain procedures regarding the failure of patients to comply with service plans.

WEDNESDAY, MARCH 4, 1981

1511

HB 362. By Representative Coleman of the 118th:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, so as to require county decals to be issued and affixed to the license plate; to provide for replacement decals.

HB 287. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for periods of graduate study.

HB 200. By Representatives Cheeks of the 89th, Smith of the 152nd, Triplett of the 128th and others:
A bill to amend an Act known as the "Act creating the Public School Employee Retirement System", so as to change the provisions relative to certain prior service qualifying as creditable service.

HB 181. By Representatives Coleman of the 118th, Ramsey of the 3rd and Hanner of the 130th:
A bill to amend Code Chapter 3-10, relating to limitation of actions for torts, so as to limit the liability of law enforcement officers under certain circumstances.
HB 556. By Representatives Williams of the 6th, Robinson of the 58th, Foster of the 6th and others:
A bill to amend Code Chapter 26-21, relating to the distribution of obscene materials, so as to prohibit the display or sale of certain obscene materials to minors.

HB 590. By Representatives Snow of the 1st and Culpepper of the 98th:
A bill to amend an Act creating the State Board of Pardons and Paroles, so as to state when preliminary hearings and final hearings are not re quired for revocation of parole or other conditional release.

HB 633. By Representatives Vaughn of the 57th, Collins of the 144th, Lee of the 72nd and others:
A bill to amend Code Section 101-205, relating to the distribution and sale of copies of laws and journals, so as to change the provisions relative to the distribution of journals to members of the General Assembly.

SB 52. By Senator Barnes of the 33rd:
A bill to amend Code Section 95A-601, relating to the right to acquire property for public road and other transportation purposes, so as to

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change the maximum period of time within which property may be ac quired for future public transportation purposes.

The House has adopted the following resolution of the House:

HR 156. By Representatives Ham of the 80th, Dixon of the 151st, Crosby of the 150th and Argo of the 63rd:
A resolution creating the Joint Committee on Farm Winery Laws.

The House has adopted, as amended, the following resolution of the Senate:

SR 61. By Senators Garner of the 30th, Kennedy of the 4th, Barnes of the 33rd and others:
A resolution creating the Joint Correctional Institution Study Committee.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74- 111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 199. By Representative Greer of the 43rd:
A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, so as to extend the deferred compensation program for employees of the State to permit inclusion of employees of the various state authorities and employees of the county boards of health.

The House has agreed to the Senate substitute to the following bills of the House:

HB 250. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the maximum period for payment of dues by a member from twenty (20) to twenty-five (25) years.

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HB 42. By Representatives Childs of the 51st, Collins of the 144th, Robinson of the 58th 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 com panies.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 427. By Senators Horton of the 17th and Cobb of the 28th:
A bill to reincorporate the City of McDonough in the County of Henry; to create a new charter for said city. Referred to Committee on County and Urban Affairs.

SB 428. By Senator McGill of the 24th:
A bill to create and establish a Small Claims Court of Oglethorpe County; to prescribe the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

SB 429. By Senators Fincher of the 52nd and Summers of the 53rd:
A bill to amend Code Section 34-708, relating to equipment and arrange ment of polling places during elections, as amended, so as to provide for the display of the national flag in each polling place during an election; to amend Code Section 34A-606, relating to equipment and arrangement of polling places during municipal elections, as amended, so as to provide for the display of the national flag in each polling place during an elec tion.
Referred to Committee on Governmental Operations.

SB 430. By Senator Bryant of the 3rd:
A bill to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter for said city; to provide for the creation, in corporation, and powers of said city; to provide for the governmental structure; to repeal specific Acts.
Referred to Committee on County and Urban Affairs.

SB 431. By Senator Dean of the 31 st:
A bill to amend an Act establishing the State Court of Polk County, as amended, so as to change the compensation of the judge. Referred to Committee on County and Urban Affairs.

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SB 432. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act," as amended, so as to change the procedure relative to the over riding of a rule by resolution of the General Assembly. Referred to Committee on Governmental Operations.

SB 433. By Senator Broun of the 46th:
A bill to amend Code Title 68B, known as "The Driver's Licensing Act," as amended, so as to require the suspension of a driver's license in cer tain instances; to make a certain use of a driver's license unlawful. Referred to Committee on Special Judiciary.

SB 434. By Senator Broun of the 46th:
A bill to amend an Act providing for the confiscation and destruction or sale or delivery to the State Department of Archives or State Department of Public Safety of any weapon used in the commission of a crime or the attempt to commit a crime, as amended, so as to provide for the confisca tion, destruction, sale, or delivery of certain motor vehicles in certain cases.
Referred to Committee on Special Judiciary.

SB 435. By Senators Starr of the 44th, Gillis of the 20th and Howard of the 42nd:
A bill to amend an Act creating the office of Georgia Safety Fire Commis sioner, as amended, so as to provide that certain counties shall adopt fire safety standards and shall be responsible for enforcement of certain fire safety and arson duties.
Referred to Committee on Public Safety.

SB 436. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority so as to provide for the creation of the Authority; to state the general purpose of the Authority and to provide for perpetual ex istence of the Authority.
Referred to Committee on County and Urban Affairs.

SB 437. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend Code Chapter 87-2, relating to elections on the issuance of bonds, as amended, so as to provide additional requirements for the is suance of bonds and for the expenditure of bond funds in counties in this State having a population of not less than 250,000 nor more than 400,000 according to the United States census of 1980 or any future such census.
Referred to Committee on County and Urban Affairs.

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SB 438. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), as amended, so as to pro vide that justices of the peace of Cobb County shall have criminal jurisdiction throughout the entire county.
Referred to Committee on County and Urban Affairs.

SR 131. By Senator Eldridge of the 7th:
A resolution creating the Senate Small Business Study Committee. Referred to Committee on Industry, Labor and Tourism.

SR 133. By Senators Littlefield of the 6th, Bell of the 5th and Hudgins of the 15th:
A resolution creating the Juvenile Justice Study Committee. Referred to Committee on Special Judiciary.

SR 134. By Senators English of the 21st, Evans of the 37th, Gillis of the 20th and others:
A resolution creating the Joint Study Committee on Prime Agricultural Farmland. Referred to Committee on Agriculture.

SR 135. By Senator Reynolds of the 48th:
A resolution designating the Southeastern Railway Museum as an official railway museum in the State of Georgia. Referred to Committee on Transportation.

SR 136. By Senator Stumbaugh of the 55th: A resolution creating the Senate Alternatives to Prison Study Committee.
Referred to Committee on Offender Rehabilitation.

The following bills and resolution of the House were read the first time and referred to committees:

HB 181. By Representatives Coleman of the 118th, Ramsey of the 3rd and Hanner of the 130th:
A bill to amend Code Chapter 3-10, relating to limitation of actions for torts, so as to limit the liability of law enforcement officers under certain circumstances.
Referred to Committee on Public Safety.

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HB 184. By Representatives Reaves of the 147th, Irvin of the 10th, Long of the 142nd and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", so as to allow warehouse receipts to be issued at the option of the warehousemen unless otherwise required by law or rule or regulation.
Referred to Committee on Agriculture.

HB 200. By Representatives Cheeks of the 89th, Smith of the 152nd, Triplett of the 128th and others:
A bill to amend an Act known as the "Act Creating the Public School Employees' Retirement System", so as to change the provisions relative to certain prior service qualifying as creditable service.
Referred to Committee on Retirement.

HB 287. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for periods of graduate study. Referred to Committee on Retirement.

HB 362. By Representative Coleman of the 118th:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, so as to require county decals to be issued and affixed to the license plate; to provide for replacement decals.
Referred to Committee on Transportation.

HB 485. By Representatives Buck of the 95th, Smyre of the 92nd, Galer of the 97th and others:
A bill to amend Code Title 56, so as to clarify existing laws and to provide that nonprofit hospital service corporations organized under the provi sions of Code Chapter 56-17 and nonprofit medical service corporations organized under the provisions of Code Chapter 56-18 may invest in or lend their funds on security of such assets as are permitted by Code Chapter 56-10 for the investment of assets of domestic life insurance companies.
Referred to Committee on Banking, Finance and Insurance.

HB 489. By Representative Baugh of the 108th:
A bill to amend Code Chapter 88-4, relating to hospitalization and treat ment procedures for alcoholics, drug dependent individuals, and drug abusers, so as to change certain procedures regarding the failure of pa tients to comply with treatment plans.
Referred to Committee on Human Resources.

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HB 490. By Representative Baugh of the 108th:
A bill to amend Code Chapter 88-5, relating to hospitalization and treat ment procedures for the mentally ill, so as to change certain procedures regarding the failure of patients to comply with service plans. Referred to Committee on Human Resources.

HB 556. By Representatives Williams of the 6th, Robinson of the 58th, Foster of the 6th and others:
A bill to amend Code Chapter 26-21, relating to the distribution of obscene materials, so as to prohibit the display or sale of certain obscene materials to minors.
Referred to Committee on Judiciary.

HB 590. By Representatives Snow of the 1 st and Culpepper of the 98th:
A bill to amend an Act creating the State Board of Pardons and Paroles, so as to state when preliminary hearings and final hearings are not re quired for revocation of parole or other conditional release.
Referred to Committee on Special Judiciary.

HB 619. By Representatives Hanner of the 130th, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Code Section 24-2801; relating to election, qualification, term of office, etc., of sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to change residency requirements.
Referred to Committee on Public Safety.

HB 633. By Representatives Vaughn of the 57th, Collins of the 144th, Lee of the 72nd and others:
A bill to amend Code Section 101-205, relating to the distribution and sale of copies of laws and journals, so as to change the provisions relative to the distribution of journals to members of the General Assembly.
Referred to Committee on Governmental Operations.

HB 872. By Representatives Veazey and Perry of the 146th:.
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the date of the special election to fill certain vacancies in membership on the board.
Referred to Committee on County and Urban Affairs.

HB 873. By Representatives Veazey and Perry of the 146th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and

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not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Berrien and Cook".
Referred to Committee on County and Urban Affairs.

HB 874. By Representatives Veazey and Perry of the 146th:
A bill to repeal an Act entitled "An Act creating a Small Claims Court in each county in this State having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census".
Referred to Committee on County and Urban Affairs.

HB 875. By Representative Phillips of the 91 st:
A bill to amend an Act entitled "An Act to incorporate the Town of Chipley, in the County of Harris, and for other purposes", so as to pro vide for the office of town clerk; to abolish the office of recorder; to pro vide for the transfer of all powers, duties and functions of the office of recorder to the office of town clerk.
Referred to Committee on County and Urban Affairs.

HB 877. By Representatives Veazey and Perry of the 146th:
A bill to create and establish a Small Claims Court in Tift County; to pro vide for the initial judge. Referred to Committee on County and Urban Affairs.

HB 882. 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 change the penalty provisions for offenses tried in the municipal court. Referred to Committee on County and Urban Affairs.

HB 885. By Representative McDonald of the 12th:
A bill to amend an Act creating the office of tax commissioner of Jackson County and placing the clerk of the superior court, the sheriff and the probate judge of Jackson County on a salary basis.
Referred to Committee on County and Urban Affairs.

HB 886. By Representative Ross of the 76th:
A bill to amend an Act creating a new charter for the City of Lincolnton, so as to change the provisions relating to personnel of such governing authority. Referred to Committee on County and Urban Affairs.

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HB 893. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to provide a new charter for the Town of East Dublin. Referred to Committee on County and Urban Affairs.

HB 895. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd:
A bill to create the Downtown Dalton Development Authority. Referred to Committee on County and Urban Affairs.

HB 900. By Representatives Chambless of the 131 st, Hutchinson of the 133rd and McCollum of the 134th:
A bill to amend an Act creating the Albany-Dougherty Inner City Authority, so as to change and provide for definitions; to amplify, change, expand and declare the purposes and objectives of the Authority.
Referred to Committee on County and Urban Affairs.

HB 908. 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 County and Urban Affairs.

HR 156. By Representatives Ham of the 80th, Dixon of the 151st, Crosby of the 150th and Argo of the 63rd:
A resolution creating the Joint Committee on Farm Winery Laws. Referred to Committee on Consumer 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 resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 88. SB 134. SB 396. SR 95.

Do pass by substitute. Do pass. Do pass. Do pass as amended.

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HB 217. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 380. SB 381. SB 382. HB 227.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on Consumer Affairs has had under consideration the follow ing bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 410. Do pass. HB 251. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 371. Do pass.

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HB 791. HB 794. HB 809. HB 820. HB 828. HB 829. HB 830. HB 831. HB 840. HB 841. HB 562. SB 421. SB 423. HB 835. HB 836. HB 837. HB 838. HB 839. HR 271.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 323. HB 372. HB 413. HB 545.

Do pass as amended. Do pass. 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 resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 407. SB 419. HB 415. HB 378. SR 122. SR 126.

Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 15. HB 123. HB 254. SB 399. SB 409. SB 417. SB 420.

Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the follow-

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ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 297. 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 of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 425. HB 576. HB 656. HB 746.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President:

Your Committee on Retirement 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 180. HB 249. SR 112.

Do pass by substitute. Do pass. Do pass by substitute.

Respectfully submitted, Senator Tate of the 38th District, Chairman

Mr. President:

Your Committee on Special Judiciary has had under consideration the follow-

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ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 7. HB 180. HB 247. HB 527.

Do pass. Do not pass. Do pass. Do pass.

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

The following bills and resolution of the Senate and House were read the sec ond time:
SB 401. By Senator McKenzie of the 14th:
A bill to amend an Act empowering cities, towns, and counties, separate ly or jointly, to provide, maintain, and conduct supervised recreation systems, as amended, so as to authorize the governing authority of any recreation system to take all necessary or appropriate actions, including conveying certain property interests and entering into certain contracts.
SB 404. By Senator McGill of the 24th:
A bill to place the tax commissioner of Wilkes County on an annual salary in lieu of the salary plus commission system of compensation; to provide for the compensation of employees within such office; to pro vide for the disposition of all commissions and costs collected by the tax commissioner and all office employees.
SB 405. By Senator McGill of the 24th:
A bill to amend an Act granting a new charter to the City of Washington, as amended, so as to change the provisions relating to the imposition and levy of ad valorem taxes by the city.
SR 119. By Senator McKenzie of the 14th:
A resolution to provide for construction of certain covenant agreements made between the State Properties Commission, acting for and on behalf of the State of Georgia, and the Macon County Recreation Commission as authorized by Resolution Act No. 103 passed by the 1976 Regular Ses sion of the General Assembly.

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HB 235. By Representative Ramsey of the 3rd: A bill to amend an Act creating the Department of Public Safety, so as to authorize the commissioner of public safety to provide security to addi tional individuals or groups designated by the Board of Public Safety.
HB 478. By Representative Lee of the 72nd: A bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", so as to define "retired peace officer"; to provide for the registration of exempt peace officers.
HB 647. By Representatives Clark of the 13th, Milford of the 13th and Russell of the 64th: A bill to amend an Act known as the "Oconee County Public Utility Authority Act", so as to change the provisions relating to the filling of vacancies in the membership of the Authority.
HB 710. By Representatives Bargeron of the 83rd and Godbee of the 82nd: A bill to amend an Act providing a salary supplement to be paid from Burke County Funds to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of said salary supplement.
HB 776. By Representative Evans of the 84th: A bill to amend an Act incorporating the City of Wrens in Jefferson Coun ty, so as to change the maximum amount of the fine which may be as sessed in the police court.
HB 777. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th: A bill to repeal an Act providing that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in Gwinnett County.
HB 778. By Representatives Johnson and Thomas of the 66th: A bill to create the Carrollton Redevelopment Authority.
HB 788. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to amend an Act creating the Downtown Waycross Development Authority; to amplify, expand and declare the purposes and objectives of the Act; to define certain terms.

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HB 792. By Representatives Johnson, Lee, Wood and Benefield of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to extend the cor porate limits of said city.

HB 793. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to substantially revise the provisions relative to the fiscal administration of the office of sheriff.

HB 798. 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; to change the provisions relating to the compensation of the mayor and members of council.

HB 799. 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 800. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the compensation of the County Com missioner of Haralson County.

HB 801. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the 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 804. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the Superior Court, and the judge of the Probate Court.

HB 805. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of tax commissioner of Bartow

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County, so as to change the compensation of the tax commissioner of Bartow County.

HB 806. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner of Bartow County.

HB 818. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing the coroner of Bartow County upon an an nual salary, so as to change the compensation of the coroner.

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 385. By Senator Ballard of the 45th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit, as amended, so as to pro vide a salary supplement for each judge and the district attorney for the Alcovy Judicial Circuit; to provide for cost-of-living increases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 393. By Senator Summers of the 53rd:
A bill to amend an Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to delete the provisions relative to budgeting; to provide procedures for financing the expenses of the sheriff's office including personnel.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 374. By Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A bill to amend an Act creating the civil court of Richmond County (formerly the municipal court of Augusta), so as to change the jurisdictional amount of the civil court of Richmond County; to change certain rules of practice and procedure.

The report 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 495. By Representative Nicholson of the 88th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for an additional method of executing employment contracts to allow the Superintendent to execute employ ment contracts through the use of a facsimile signature under such rules and regulations as approved by the Board of Education.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 509. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of Rich mond County to grant a discount for early payment of county ad valorem taxes; to provide for the amount of the discount.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 510. By Representatives Swann of the 90th, Padgett of the 86th, Dent of the 85th and others:
A bill to carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of the Public School System of Richmond County to grant a discount for early payment of school ad valorem taxes; to provide for the amount of the dis count.

The report 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 707. By Representatives Auten of the 154th and Tuten of the 153rd:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

The report 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 709. By Representatives Anderson, Hasty and Harris of the 8th, and Wood, Jackson and Lawson of the 9th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 725. By Representatives Long of the 142nd and Cox of the Hist:
A bill to amend an Act establishing the State Court of Grady County, so as to change the provision relative to juries; to provide that jurors shall be drawn from the traverse jury list of the superior court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 726. By Representatives Long of the 142nd and Cox of the 141st: A bill to amend an Act establishing the State Court of Grady County, so as to extend the term of the current 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 727. By Representative Hanner of the 130th:
A bill to amend an Act to create and establish a Small Claims Court of Terrell County, so as to change the jurisdiction of the court; to increase the fees in the court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 729. By Representative Branch of the 137th: A bill to amend an Act creating a board of commissioners for Irwin Coun ty, so as to change the compensation of the chairman of the board of com missioners.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 749. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend the Charter of Columbus, Georgia, to provide that the Personnel Review Board shall be a Charter authorized Board of Colum bus, Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 750. By Representatives Buck of the 95th, Bishop of the 94th, Galer of the 97th and others:
A bill to amend an Act providing a Charter for the countywide govern ment of Columbus, Georgia, to declare the intent of the General Assembly; to provide for the Columbus Industrial and Port Development Commission.

The report 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 751. By Representatives Buck of the 95th, Smyre of the 92nd, Bishop of the 94th and others:
A bill to amend an Act abolishing the fee systems in the superior courts of the Chattahoochee Judicial Circuit, applied to the office of district at torney, and providing for the payment of the salary of said district at torney, so as to change the maximum compensation of the assistant district attorney.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 757. By Representative Sizemore of the 136th: A bill to create and establish a Small Claims Court of Worth County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 759. 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.

The report 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 760. 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.

The report 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.

WEDNESDAY, MARCH 4, 1981

1533

The bill, having received the requisite constitutional majority, was passed.

HB 761. 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 commis sioner; to change the provisions relative to the compensation of the depu ty tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 762. 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 763. By Representatives Johnson, Benefield, Lee and Wood 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 the expense allowance of 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 785. By Representative Phillips of the 120th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 661. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation and expense allowance of the members of said board and to change the compensation of the chairman.

The Committee on County and Urban Affairs offered the following substitute toHB661:

A BILL
To be entitled an Act to amend an Act creating a Board of Commis sioners of Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2646), so as to change the compensation and expense allowance of the members of said board and to change the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amend ed, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2646), is hereby amended by striking subsection (a) of Section 9 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same, a base salary of $6,600.00 each per annum to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 per cent of the salary received the immediately preceding year; provided

WEDNESDAY, MARCH 4, 1981

1535

that the total compensation of each such commissioner shall not ex ceed $7,600.00 per annum. The members of the commission, other than the chairman, shall also be entitled to receive an expense allowance of $250.00 per month to be paid from the funds of Gwinnett County."
Section 2. Said Act is further amended by striking in its entirety subsection (b) of Section 9 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b| The chairman shall receive as his compensation a salary of $35,000.00 per annum. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 per cent of the salary received the immediately preceding year. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be fur nished an automobile by the county with the expenses of the opera tion thereof and the expenses incurred by said chairman to be paid by the county."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 663. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the Tax Com missioner.

The Committee on County and Urban Affairs offered the following amend ment:

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Amend HB 663 by striking from lines 20 through 22 of Page 1 the following:
"Said salary shall be increased by an amount equal to 3 percent of the previous year's salary on January 1, 1982, and on January 1 of each year thereafter.",
and inserting in lieu thereof the following:
"This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 664. By Representatives Martin of the 60th and Wall of the 61st:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the sheriff.

The Committee on County and Urban Affairs offered the following amend ment:

Amend HB 664 by striking from lines 18 through 21 of Page 1 the following:
"Said salary shall be increased by an amount equal to 3 percent of the previous year's salary on January 1, 1982, and on January 1 of each year thereafter.'',
and inserting in lieu thereof the following:
"This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year."

WEDNESDAY, MARCH 4, 1981

1537

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 665. By Representatives Martin of the 60th and Phillips of the 59th:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the clerk of superior court and probate judge.

The Committee on County and Urban Affairs offered the following amend ment:

Amend HB 665 by striking from lines 19 through 22 of Page 1 the following:
"Said salary shall be increased by an amount equal to 3 percent of the previous year's salary on January 1, 1982, and on January 1 of each year thereafter.",
and inserting in lieu thereof the following:
"This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year.''
By striking from lines 26 and 27 of Page 1 and lines 1 and 2 of Page 2 the following:
"Said salary shall be increased by an amount equal to 3 percent of the previous year's salary on January 1, 1982, and on January 1 of each year thereafter.'',
and inserting in lieu thereof the following:
"This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year."

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On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the, yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 765. By Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A bill to amend an Act incorporating the City of Adairsville, so as to ex tend the corporate limits of said city; to provide for a referendum.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 765 by striking from line 4 on Page 1 the following: "to provide for a referendum;''.
By striking Section 2 in its entirety and by renumbering Section 3 as Section 2.
On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 721. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A bill to create the Athens-Clarke County Charter Commission.

WEDNESDAY, MARCH 4, 1981

1539

The Committee on County and Urban Affairs offered the following amend ment:

Amend HB 721 by striking paragraph (13) from line 24 through line 31 of Page 8 and inserting in its place a new paragraph to read as follows:
"(13) The charter shall provide that it may be amended by the General Assembly; and the General Assembly hereby expressly reserves the right to amend by local law any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws. The charter shall provide for the repeal of conflicting laws."
By striking from line 27 of Page 9 the figure "13" and inserting in lieu thereof the figure "10".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond
Bowen Brannon Brantley
Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th Foster
Garner Gillis Greene Hill Horton

Howard Hudgins Hudson Kennedy Kidd Land
Lester Littlefield McGill
McKenzie Reynolds Robinson Scott Starr

1540
Stephens Stumbaugh Summers Sutton

JOURNAL OF THE SENATE

Tate Thompson Timmons Trulock

Turner Tysinger Walker Wessels

Those not answering were Senators Broun of 46th and Holloway.

SENATE RULES CALENDAR
Wednesday, March 4, 1981
THIRTIETH LEGISLATIVE DAY
SB 307. Boat Safety Act--revise declaration of policy (AMENDMENTS) (NREQ-40th)
HB 270. Superior Court Judges' Retirement--provisions on mandatory retirement (SUBSTITUTE) (AMENDMENT) (Ret-9th)
HB 186. Proposed Amendment to the Constitution--distribution to interested citizens (Judy--17th)
SB 21. Superior Court Clerk's Retirement--contributions(SUBSTITUTE) (Ret--25th)
SB 238. Superior Court Clerks--revise provisions on fees (SUBSTITUTE) (Judy-33rd)
SB 68. General Assembly Member Elected to City, County Office--pension credit (SUBSTITUTE) (Ret--40th)
SB 387. Hunting Deer--no orange fluorescent garment while on stand above ground (NREQ-19th)
HR 154. Supreme Court--approving certain rules (Judy--33rd)
HB 50. Industrial Loan Act--repeal reinstatement of certain rate of interest (AMENDMENT) (BF&I-6th)
SB 346. Bankruptcy Proceedings--exceptions to notice requirements (Judy-26th)
SB 379. Insurance--change definition provisions and rate standard provisions (IL&Tou--41st)
SR 85. Joint Study Committee on Drug and Narcotic Abuse--create (AMENDMENT) (Hum R--28th)
HB 595. Board of Public Safety--change composition (Pub Saf--44th)
SB 318. Torts--conditions under which pet owner liable for injury by pet (SUBSTITUTE) (Judy-33rd)
SB 157. Employees' Retirement--determination of certain rates of interest (Ret--9th)

WEDNESDAY, MARCH 4, 1981

1541

SB 370. Coyote Trapping--authorize any time during the year (SUBSTITUTE) (NREQ--19th)
HB 339. Teachers' Retirement--amounts to certain retired schoolteachers (Ret-53rd)
SR 111. Barrow County--easement in State-owned property to City of Winder (Pub U-48th)
SB 391. Public Officers, Employees--pay while engaged in military duty (D&VA-27th)
SB 397. Motor Fuel Delivery--remove provisions on delivery at certain times (Trns-48th)
HB 411. Motor Vehicle Safety Inspection Act--cities adopt certain offenses (Judy-26th)
SB 240. Group Life Insurance-revise Code (SUBSTITUTE) (BF&I-43rd)
SB 327. Jury Duty--exempt chiropractors (SUBSTITUTE) (Judy--33rd)
SB 315. Child Support Receiver--appointment and removal (Judy--33rd)
SB 395. Intracoastal Waterway Commission--transfer of function to Department of Transportation (Trns--48th)
SB 298. Private Detective and Security Agencies Act--provide (SUBSTITUTE) (Judy-55th)
SB 342. New, Renovated Building--handicapped accessibility standards (Hum R-37th)
SR 63. Semiquincentenary Commission--create (S Judy--2nd)
HB 221. Handicapped Parking Law--define "handicapped person" (SUBSTITUTE) (Trns-30th)
SB 102. Employment of Handicapped--prohibit discrimination (AMENDMENT) (Judy-35th)

Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Starr of the 44th introduced the chaplain of the day, Reverend John Womble, pastor of the First Baptist Church of Forest Park, Forest Park, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 132. By Senators Stephens of the 36th, Hudson of the 35th and Hudgins of the 15th:
A resolution commending Mrs. Marilyn Parver.

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SR 137. By Senator Cobb of the 28th: A resolution commending Mr. Hubert Roy Langford.

SR 138. By Senator Cobb of the 28th: A resolution commending Mr. C. Frank Hollberg, Jr.

Senator Wessels of the 2nd moved that the following bill of the House be withdrawn from the Committee on Judiciary and committed to the Committee on Special Judiciary:

HB 48. By Representatives Richardson of the 52nd and Felton of the 22nd:
A bill to repeal Code Section 74-110, relating to protection of children be ing reared under immoral, etc., conditions.

On the motion, the yeas were 33, nays 1; the motion prevailed, and HB 48 was withdrawn from the Committee on Judiciary and committed to the Committee on Special Judiciary.

The following general bill of the Senate, having been read the third time on February 26 and postponed until March 2, and postponed on March 3 until March 4, was put upon its passage:

SB 307. By Senators Coverdell of the 40th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Boat Safety Act", as amended, so as to revise the declaration of policy; to provide a definition for the term "marine event"; to revise the numbering exemption for rac ing vessels; to correct a typographical error pertaining to the fees for vessel certificates of number.

The amendment offered by the Senate Committee on Natural Resources and Environmental Quality and adopted on March 3 was as follows:

Amend SB 307 by striking on Page 5, line 8, the word "Sherer" and inserting in lieu thereof the following:
"Juliette",
and
By inserting on Page 7, line 25, between the word "event,' and the word "who", the following:
"anticipated to attract 5,000 or more participants and spectators".

WEDNESDAY, MARCH 4, 1981

1543

The amendment offered by Senator Coverdell of the 40th and adopted on March 3 as amended by the amendment offered by Senator Gillis of the 20th were as follows:

Amend SB 307 by striking on Page 7, lines 24 through 33 and on Page lines 1 through 19 and inserting in lieu thereof the following:
"(b) Bonds.
(1| Any person sponsoring a marine event shall provide to the Department an indemnity bond issued by a surety company authoriz ed to transact business in this State, in the amount of $50,000 or such lesser amount as determined appropriate by the Commissioner in his discretion under criteria set forth in regulations adopted by the Board. Such bond shall be payable to the Department and conditioned upon the faithful performance of the requirements set forth in this Act, the regulations promulgated pursuant thereto and the conditions of the permit issued thereunder.
(2) Upon the failure or refusal of the sponsor to comply with any requirement of this Act, the regulations promulgated pursuant thereto, or the conditions of a permit issued thereunder, which failure results in damage to the Department or to the State of Georgia, the Commissioner may make demand upon the sponsor and the surety for such portion of the face amount of the bond as he determines is necessary to compensate the Department or the State for all damages suffered. Upon refusal or failure of the sponsor or surety to pay over the said sum, he shall initiate an action at law to recover the said sum.
(3) Upon recovery of such sum, the Department is authorized to reimburse itself for any expenses incurred in connection with the clean-up and minimization of damage to natural resources, or to ex pend such sum to clean up and minimize the said damage, or both.
(4) Any person sponsoring a marine event shall also provide a forfeiture bond, issued by a surety company authorized to transact business in this State, in the amount of $50,000 or such lesser amount as determined appropriate by the Commissioner in his discretion under criteria set forth in regulations by the Board. Such bond shall be payable to the Department and conditioned upon the faithful per formance of the requirements set forth in this Act, the regulations promulgated pursuant thereto and the conditions of the permit issued thereunder.
(5) Upon the failure or refusal of the sponsor to comply with any requirement of this Act, the regulations promulgated pursuant thereto, or the conditions of a permit issued thereunder, the Commis sioner may make demand upon the sponsor and the surety for the face amount of the bond; provided, however, that the Commissioner may, in his discretion and in accordance with regulations adopted by the Board, make demand for an amount less than the said face amount. In exercising such discretion, he may consider the seriousness and degree of the non-compliance. Upon refusal or failure of the sponsor

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or surety to pay over the said sum, he shall initiate an action at law to recover the said sum.
(6) Upon recovery of such sum, it shall be paid into the treasury of the State of Georgia.'',
and by striking on Page 9, lines 1 through 11, and inserting in lieu thereof the following:
"(2) Setting forth the criteria for determining when an indemnity bond shall be required and the appropriate amount thereof, and when a forfeiture bond shall be required, the appropriate amount thereof, and the conditions for default thereunder. In adopting the indemnity bond regulations, the Board shall include, without limitation, criteria relating to the expense of restoring the water body and its surrounding area to the state of cleanliness existing before the event. In adopting the forfeiture bond regulations, the Board shall include, without limitation, criteria relating to the magnitude of the event, the water body and surrounding area upon which it will be held, and the poten tial public safety hazard inherent in the event. The Board may, by regulation, establish bond forfeiture conditions for categories of noncompliance, including, but not limited to, failure or refusal to comply with requirements to provide facilities for the convenience of par ticipants and spectators, requirements relating to public safety, and requirements relating to damage to the water body and surrounding area upon which the event was held."

Amend the amendment to SB 307 offered by Senator Coverdell of the 40th by adding on line 2 of the quoted matter between the words "event" and "shall" the following:
"anticipated to attract 10,000 or more participants and spec tators' '.

Senator Deal of the 49th offered the following amendment:

Amend SB 307 by adding on Page 7, line 11, after the word "event" the following:
"anticipated to attract 10,000 or more participants and spec tators".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 4, 1981

1545

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Bryant Cobb Coleman Coverdell Deal Dean English Engram

Evans Fincher of 52nd Foster Garner Gillis Horton Howard Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those voting in the negative were Senators:

Brannon

Eldridge

Hill

Those not voting were Senators:

Ballard Brantley Broun of 46th Brown of 47th Fincher of 54th

Greene Holloway Hudgins Hudson

Land Robinson Starr Turner

On the passage of the bill, the yeas were 40, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the House, having been read the third time on February 26 and postponed until March 2, and postponed on March 3 until March 4, was put upon its passage:

HB 270. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Act Creating the Superior Court Judges Retirement System", so as to change the provisions relative to mandatory retirement.
Senate Sponsor: Senator Sutton of the 9th.

The following fiscal note, as required by law, was read by the Secretary:

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JOURNAL OF THE SENATE

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 22, 1981

SUBJECT: Fiscal Note-House Bill 270 Superior Court Judges' Retirement System

This Bill would allow members who reach age 70 to serve their full term of office before retiring. Currently, members must retire upon at tainment of age 70 or forfeit their rights to retirement benefits. This Bill would also allow judges of the superior court who held office on July 1, 1976 to serve their full term of office during which they attained the years of service (10) required for early retirement, regardless of age. These judges are currently required to retire upon the attainment of 10 years of service if they are past the age of 70.

The actuary for the Retirement System has determined that the fiscal impact of this Bill on the system would be negligible.

I si William M. Nixon State Auditor

Isi Clark T. Stevens, Director Office of Planning and Budget

Senators Wessels of the 2nd and Coleman of the 1st offered the following amendment:
Amend HB 270 by inserting on Page 1, line 5, between the word and semicolon "retirement;" and the word "to" the following:
"to authorize creditable service for certain prior service under certain conditions;''.
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding at the end of Section 8 a new subsection (f) to read as follows:
'(f) Any superior court judge who held office on July 1, 1980, and who, because of the age limitations specified by subsection (a) of Sec tion 11 of this Act, cannot obtain sufficient membership service under

WEDNESDAY, MARCH 4, 1981

1547

this Act to qualify for early retirement benefits under subsection (a) of Section 12 of this Act, may obtain creditable service under this Act, upon paying into the fund the employee contribution as hereinafter provided, for service performed as an administrative law judge for the State Board of Workers' Compensation, but such creditable service so obtained shall be limited to that amount of creditable service which, when combined with membership service under this Act, will enable the superior court judge claiming such service to qualify for early
retirement benefits under subsection (a) of Section 12 of this Act. The required employee contributions to obtain creditable service pursuant to the foregoing sentence shall be based on the state salary which the judge claiming such creditable service would have received if he had been, during the years for which creditable service is claimed, a superior court judge in the same judicial circuit and county in which he is serving at the time of claiming such creditable service. A superior court judge claiming creditable service under this subsection shall notify the board, in writing, of such claim.'"

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 Albert Scott

State Representative, District 123

FROM: William M. Nixon, State Auditor

DATE:

February 20, 1981

SUBJECT:

Cost Memorandum--Proposed Amendment to House Bill 270 Superior Court Judges' Retirement System (Wessels and Coleman)

This amendment would allow any superior court judge who held of fice on July 1, 1980 to obtain credit for service as an administrative law judge for the State Board of Workers' Compensation if such judge would not otherwise qualify for early retirement due to the mandatory retire ment provisions of House Bill 270. Creditable service would be limited to the amount necessary to qualify a judge for early retirement benefits and judges would be required to pay employee contributions for the years of service granted.

A review of the Retirement System's records indicated that one per son would qualify for the benefits provided by this amendment. Assum ing that judges' salaries increase 5% annually, the unfunded liability created at retirement for the eligible judge would be approximately

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JOURNAL OF THE SENATE

$122,777 (which has a present value of $97,252). Under current law the judge would only be entitled to a refund of his employee contributions plus 6% interest, or approximately $17,573.

/s/ William M. Nixon State Auditor

On the adoption of the amendment, the yeas were 15, nays 23, and the amend ment was lost.
Senators Barnes of the 33rd and Sutton of the 9th offered the following substitute to HB 270:
A BILL
To be entitled an Act to amend an Act known as the "Act Creating the Superior Court Judges Retirement System," approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, so as to change the provisions relative to mandatory retirement; 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 "Act Creating the Superior Court Judges Retirement System," approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, is hereby amended by adding two new paragraphs at the end of subsection (a) of Section 11 to read as follows:
"Any other provisions of this or any other law to the contrary not withstanding, any judge who was a member of the system in 1980 who was reelected as a judge in 1980 and who attains the age of seventy years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under the provisions of this Act.
Any other provisions of this or any other law to the contrary not withstanding, any judge who is a member of the system who is reelected as a judge in the future and who attains the age of seventy years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under the pro visions of this Act.",
so that when so amended subsection (a) of Section 11 shall read as follows:
"(a) Except as otherwise provided herein, any member who has attained the age of seventy years who fails to retire effective on the first day of the calendar month next succeeding that in which he at tains the age of seventy years shall forfeit his right to receive any

WEDNESDAY, MARCH 4, 1981

1549

retirement or disability benefits under the provisions of this Act. Not withstanding the foregoing provisions of this subsection, a member who held office as a judge of the superior court on July 1, 1976, shall not be required to retire, regardless of his age, until such member ob tains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of Section 12 of this Act.
Any other provisions of this or any other law to the contrary not withstanding, any judge who was a member of the system in 1980 who was reelected as a judge in 1980 and who attains the age of seventy years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under the provisions of this Act.
Any other provisions of this or any other law to the contrary not withstanding, any judge who is a member of the system who is reelected as a judge in the future and who attains the age of seventy years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under the pro visions of this Act."
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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 26, 1981

SUBJECT: Fiscal Note--House Bill 270 (Substitute by Senators Barnes and Sutton| Superior Court Judges' Retirement System

The substitute version of this Bill would allow members who are reelected as a judge and who attain age 70 during the term to which they

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are reelected to complete their term of office without forfeiting any retirement or disability benefits. Under current law members (other than those who held office on July 1, 1976) must retire on the first day of the month following the month in which they attain age 70.
This Bill would not have a significant fiscal impact on the Retirement System.

I si William M. Nixon State Auditor

1st Clark T. Stevens, Director Office of Planning and Budget

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.

On the 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Broun of 46th Fincher of 52nd

Gillis

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Starr

On the passage of the bill, the yeas were 52, nays 0.

WEDNESDAY, MARCH 4, 1981

1551

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 186. By Representatives Childs of the 51st, Holmes of the 39th, Clark of the 55th and others:
A bill to provide for printing a supply of a summary of proposed general amendments to the Constitution for distribution to interested citizens.
Senate Sponsor: Senator Horton of the 17th.

Senator Horton of the 17th offered the following amendment:

Amend HB 186 by inserting after the word and period "copy." in line 13 on Page 1 the following:
"In preparing the summary provided by said provision of the Constitution, the Attorney General, Legislative Counsel, and Secretary of State shall provide an explanation of each proposed general amendment to the Constitution in language free of legalistic and technical terms to the end that said summary may be read and understood by the majority of citizens of this state."

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Bowen Brannon
Brantley Broun of 46th Brown of 47th

Bryant Cobb Coleman Dean
English Engram Evans Fincher of 52nd
Fincher of 54th Foster Garner

Greene Hill Holloway Horton
Howard Hudgins Kennedy Kidd
Land Lester Littlefield

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McGill McKenzie Reynolds Robinson Scott Starr

Stephens Stumbaugh Summers Sutton Tate Timmons

Those not voting were Senators:

Coverdell Deal

Eldridge Gillis

On the passage of the bill, the yeas were 50, nays 0.

Trulock Turner Tysinger Walker Wessels
Hudson Thompson

The bill, having received the requisite constitutional majority, was passed as amended.

SB 21. By Senator Kidd of the 25th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relating to contributions; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire.

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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 16, 1981

SUBJECT: Fiscal Note-Senate Bill 21 Superior Court Clerks' Retirement Fund

This Bill would increase the maximum employee contribution to the Retirement Fund and increase the benefits paid to current and future beneficiaries. The change in benefits, stated in specific dollar amounts, is equivalent to an increase from $22.50 to $27.50 in monthly benefits for each year of service rendered. This Bill would also increase the max imum member contribution from $216 to $432 per year.

WEDNESDAY, MARCH 4, 1981

1553

In a letter dated January 14, 1981 the Fund's actuary indicated that the increased benefits provided for in this Bill can be absorbed by the Fund with a margin of at least $50,000 between the amount of annual contributions required and the anticipated income from fines, forfeitures, and fees. The increased maximum member contribution outlined in this Bill would also increase the Fund's annual income by an estimated $25,000, thereby increasing the margin to approximately
$75,000.

1st William M. Nixon State Auditor

I si Clark T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 21:
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 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approv ed March 3, 1964 (Ga. Laws 1964, p. 202), an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), an Act approv ed April 6, 1978 (Ga. Laws 1978, p. 2069), and by an Act approved April 8, 1980 (Ga. Laws 1980, p.' 1547), so as to change the provisions relating to contributions; to change the provisions relating to retirement benefits for clerks of the superior courts and their spouses who are retired or may retire hereafter; 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), an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), an Act ap proved March 23, 1972 (Ga. Laws 1972, p. 352), an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), and by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1547), is hereby amended by striking from Section 7 the symbols and figures "$18.00", "$4,320.00", and "$216.00", wherever the same shall appear, and substituting in lieu thereof the symbols and figures "$36.00", "$8,640.00", and "$432.00", respectively, so that when so amended Section 7 shall read as follows:
"Section 7. Any clerk in order to participate in the benefits provid ed for in this Act shall make application to the superior court clerks' retirement fund of Georgia upon blanks to be furnished for that pur pose by the board, giving such information as may be required by the

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board. He shall pay a monthly sum into the fund which shall be either 5% of the money received for official services as clerk, or $36.00 per month, whichever is the smaller sum. In computing the above per centage, the clerk shall be allowed to deduct any sums which he must expend for the operation of this office so that said 5% shall be based on his net income from said office. All clerks who make application and are accepted for membership in the fund shall furnish the board under oath with a statement of their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hereunder. No payments shall be made to the board earlier than for the month of April, 1952. Provided, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income for his services the sum of $8,640.00 or more per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than $432.00 for each year. If the sum paid in by such clerk through monthly remit tances does not amount to $432.00, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Provided further, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income from his services a sum less than $8,640.00 per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than 5% of the sum which he receives for each year. If the sum paid in by such clerk through monthly remit tances does not amount to such 5%, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year.
If any payments required to be made to the fund by a clerk shall remain unpaid ninety (90) days from the date such payment shall be due, such payments shall bear interest from the due date at the rate of six per cent (6%) per annum. In the event of such delinquency, in order to be eligible to receive any benefits provided by this Act, a clerk must remit with such delinquent payments the interest as pro vided for herein."
Section 2. Said Act is further amended by deleting the figure "$450.00" from subsection (a) of Section 9 and inserting in lieu thereof the figure "$520.00", so that when so amended subsection (a) of Section 9 shall read as follows:
"(a) In order to be eligible to receive the retirement benefits pro vided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court immediately preceding retirement. Subject to the restrictions set out herein, a clerk in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of ser vice as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has

WEDNESDAY, MARCH 4, 1981

1555

or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any other State or Federal retirement program, excluding social security. No person shall be eligible for the retirement benefits provided herein unless he or she has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his or her retirement. Any such clerk who is approved for the purpose of receiving retire ment benefits shall be paid a sum of $520.00 per month. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the Board as provided for in this Act. No person shall be eligible for benefits provided herein until his or her official duties shall have terminated and unless he or she shall file application for benefits within ninety days, or as soon thereafter as possible, from the time of the termination of his or her official duties.''
Section 3. Said Act is further amended by deleting the figure '$450.00" from Section 9B and inserting in lieu thereof the figure '$520.00", so that when so amended Section 9B shall read as follows:
"Section 9B. Notwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing sixteen years of creditable service as provided for above, provided he or she shall have become totally and permanently disabled, after having commenced his or her service as a clerk, and any such clerk shall be entitled to receive retirement benefits in the amount of $520.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the Board of Commissioners."
Section 4. Said Act is further amended by deleting the figure '$360.00" from Section 10A and inserting in lieu thereof the figure '$403.00", so that when so amended Section 10A shall read as follows:
"Section 10A. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for herein if he or she has served sixteen years, at least eight years of which have been serv ed as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted ex cept service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid the sum of $403.00 per month."
Section 5. Said Act is further amended by deleting the figure '$270.00" from Section 10B and inserting in lieu thereof the figure ' $297.00'', so that when so amended Section 10B shall read as follows:
"Section 10B. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for hereinafter if he or she has served twelve years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid the sum of $297.00 per month."

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Section 6. Said Act is further amended by striking Section 10D in its entirety and substituting in lieu thereof a new Section 10D to read as follows:
"Section 10D. The increases in retirement benefits resulting from changes made in this Act prior to January 1, 1981, and the increases in retirement benefits resulting from changes made in this Act during calendar year 1981 shall also be used in the computation of any retire ment benefits allowed a widow or widower of a deceased clerk pur suant to the terms of this Act."
Section 7. Said Act is further amended by striking from Section 10F the figure "1978" wherever the same appears and inserting in lieu thereof the figure "1981" so that when so amended Section 10F shall read as follows:
"Section 10F. Any other provisions of this Act to the contrary not withstanding, each member who retired prior to April 1, 1981, and all members who have ceased their service as clerks and are awaiting to attain retirement age, shall receive benefits under this Act in the same amount as a member having the same number of years of service would receive if such member retires on April 1, 1981. The purpose of this Section is to assure that all members retired prior to April 1, 1981, and all members who have ceased their service as clerks and are awaiting retirement age, shall receive the same amount of retirement benefits as a member with the same number of years of service would receive upon such member's retirement on April 1, 1981. The provi sions of this Section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving as of March 31, 1981. The increased benefits provided by this Act shall be paid to retired members and spouses of deceased members effec tive on April 1, 1981."
Section 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 9. This Act shall become effective on April 1, 1981.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, MARCH 4, 1981

1557

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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 12, 1981

SUBJECT: Fiscal Note--Senate Bill 21 (Committee Substitute) Superior Court Clerks' Retirement Fund

The substitute version of this Bill would increase members' contribu tions to the Fund and would revise the current benefit plan. The max imum member contribution would be increased from $216 to $432 per year. The monthly benefits paid to retirees with 20 years' service would be increased from $450 to $520 ($26 per year of service). The benefits for 16 years' service would be increased from $360 to $403 ($25.1875 per year of service); benefits for 12 years' service would be increased from $270 to $297 ($24.75 per year of service). Under current law, retirees with 12 to 20 years' service receive monthly benefits of $22.50 per year of service.

The actuary has stated that the substitute version would provide for a lower cost than the original Bill and that the provisions of the Bill can be paid by the Fund. The original Bill, using the assumptions of the ac tuary, would produce an annual contribution of approximately $70,000-$ 100,000 in excess of annual funding requirements. Any member non-retirement withdrawals from the system, and any increase in the annual investment return above the presently projected 6 %% (which includes %% for administrative expenses) would enhance the financial position of the system. The latest audit of the fund states that the return on investment is presently 8.4757% annually (as of 3-31-80). A maximum increase in the membership of the system, requiring the inclu sion of every Superior Court clerk in the state and increasing the present active membership from 120 to 159, from the present base would reduce the financial position of the Fund by adding an annual funding require ment of about $200,000 a year. The funding of the system would be im pacted further if annual amounts from fines, forfeitures, lawsuits, and deed transactions should be less than or exceed the averages generated by the actuary ($765,275 and $794,448) which correspond to the earlier mentioned $70,000 to $100,000 in projected annual income over funding requirements. These averages are generated from three years of data; these being $683,069 for FY 1978, $816,885 for FY 1979, and $770,586 (unaudited) for FY 1980.

Is/ William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

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On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean Eldridge Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels

Those not voting were Senators:

Coverdell Deal

English Gillis

Scott Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th moved that SB 21 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 21 was immediately transmitted to the House.

WEDNESDAY, MARCH 4, 1981

1559

SB 238. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to consolidate, revise, and update the provisions relating to fees; to change certain fees paid to the superior courts; to amend certain sections of the Code of Georgia, relating to fees paid to the superior courts, so as to change certain references to fees; to amend certain Acts, relating to fees paid to the superior courts.

The Senate Committee on Judiciary offered the following substitute to SB 238:

A BILL
To be entitled an Act to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to consolidate, revise, and update the provi sions relating to fees; to change certain fees; to provide for other matters relative to the foregoing; to amend Code Section 24-3406, relating to deposits in civil cases, so as to change certain references; to amend Code Section 60-618, relating to plat records, so as to change certain references; to amend Code Section 60-620, relating to descriptions in land registrations, so as to change certain references; to amend Code Sec tion 67-2202, relating to liens, so as to change certain references; to amend Code Section 67-2604, relating to filing of federal tax liens, so as to change certain references; to amend Code Title 68C, relating to motor vehicle safety responsibility, so as to change certain references; to amend Code Chapter 109A-9-4, relating to filing, so as to change certain references; to amend an Act comprehensively revising appellate and other posttrial procedures, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, so as to change certain references; to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of gas pipes, approved March 6, 1969 (Ga. Laws 1969, p. 50], as amended, so as to change certain references; to amend an Act known as the "Rural Telephone Cooperative Act," approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, so as to change certain references; to amend an Act creating liens in favor of hospitals, approved December 14, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 105), as amend ed, so as to change certain fees; to amend an Act known as the "Electric Membership Corporation Act," approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, so as to provide that certain fees shall go to clerks of the superior court in lieu of the Secretary of State; to change cer tain references; to amend an Act to limit the effect of filing any mortgage, approved March 31, 1937 (Ga. Laws 1937, p. 760), so as to change certain references; to amend an Act to provide for the filing of a lis pendens, ap proved February 21, 1939 (Ga. Laws 1939, p. 345), as amended, so as to change certain references; to amend an Act entitled "The Georgia Profes sional Association Act," approved April 5, 1961 (Ga. Laws 1961, p. 404), as amended, so as to change certain references; to repeal Code Section 24-3407, relating to deposits for nonresident plaintiffs; to repeal Code Section 39-708, relating to clerk's fees; 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:

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Section 1. Code Chapter 24-27, relating to clerks of the superior courts, as amended, is hereby amended by striking in its entirety Code Section 24-2727, relating to fees, and substituting in lieu thereof the following Code sections to read as follows:
"24-2727.1. Costs and fees enumerated. The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated herein for official duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees herein provided shall be paid into the coun ty treasury.
24-2727.2 Domestic relation matters. The provisions of this sec tion shall be applicable to domestic civil cases which shall include, but not be limited to, petitions for divorce, alimony, annulments, separate maintenance, modification of decree, and change of custody and which shall also include any motions or petitions filed in any of the matters specified hereinabove after a final adjudication of the original petition. The provisions of this section shall constitute the total sum collectable by the clerk of the superior court for services performed by the clerk, except as provided by Section 24-2727.2(d).
Provided further, the cost required in Section 8.1 of an Act pro viding for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, shall not be charged in addition to the required filing fee, but the clerk shall deduct the sum of $1.00 from the filing fee, as pro vided in this section, and remit same in accordance with the provi sions of said Act.
Provided further, the fee required in Section 6 of an Act authoriz ing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 700), as amended, shall not be charged in addition to the required filing fee, but the clerk shall deduct the sum to be collected, as established by the senior judge, and remit same in accordance with the provisions of said Act.
(a) Filing cost of petition or motion through judgment or dismissal ....................................$ 35.00
(b) (1) Filing cost of answer without counterclaim ........ 10.00
(2) Filing cost of answer with counterclaim ............. 25.00
(c) The sums specified by Section 24-2727.2 (a) and (b) shall be paid to the clerk of the superior court at the time of filing of the original complaint and shall be in lieu of all other costs for the clerk in civil cases specified by law, but nothing herein shall be construed so as to prohibit the collection of any costs authorized by law for appeal or services which the sheriff shall perform.
(d) The court may require, in its discretion, additional costs to be paid by either or both litigants when the volume of litigation justifies and demands additional costs to be taxed.

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1561

(e) Nothing herein shall be construed to affect, in any manner, the power and authority of the superior courts from taxing costs against parties in accordance with law, but no costs collected under this sec tion shall be refunded by the clerk.
(f) The clerk is hereby authorized to collect a deposit equal to the fee for service of the defendant by the sheriff in advance of filing of any document. No deposit shall be required, if service by the sheriff is legally unnecessary.
24-2727.3. Civil cost enumerated.
(1) Before filing any civil case or proceeding, in accordance with the provisions of Section 24-3406, as the same may now or hereafter be amended, a deposit of ..............................$ 30.00
Provided, the deposit required by this section shall be the total collectable deposit by the clerk for filing any civil case or proceeding. Provided, the provisions of this section shall not apply to cases enumerated in Section 24-2727.2.
Provided further, that such deposit shall not be required if the party desiring to file such case or proceeding is unable, by reason of poverty, to pay such deposit and such party files with the clerk an af fidavit to such effect, as provided by law.
Provided further, that nothing contained herein shall be deemed to require such deposit of the state, its agencies, or political subdivi sions.
(2) Filing and docketing suits; complaints or motions ...... 5.00
(3) Copying and issuing process or summons. ............ 5.00
(4) Each copy after first copy ......................... 3.00
(5) Entering verdict or judgment of dockets .............. 3.00
(6) Filing all pleadings and instruments subsequent to any com plaint in any case, each ................................. 1.00
(7) Writ of partition of land and recording proceedings in case ............................................... 15.00
(8) Validation and confirmation of revenue bonds pursuant to the provisions of Section 15 of an Act known as 'The Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761|, as amended, first 500 bonds, each. ...................................... 1.00
All over 500, each ................................... .50
(9) Issuing certificate of adoption under seal of the court pursuant to the provisions of Section 74-417 ........................ 3.00

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(10) Recording proceedings in all cases of habeas corpus, per page................................................ 1.50
(11) The clerks shall receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover, regardless of the amount involved in such cases.
(12) In addition to all other legal costs charged and collected in each civil suit, action, case, or proceeding, in accordance with the pro visions of Section 8.1 of an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, the sum of ........ 1.00
24-2727.4. Miscellaneous costs enumerated.
(1) Recording any instrument of writing, not specified, per page ...............................................$ 1.50
(2) Certification or exemplification of record, per page ...... .50
(3) Clerk's certificate. ............................... 1.00
(4) Court's seal .................................... 1.00
(5) Issuing certificates of appointment to notaries public issuing certificates of reappointment as provided by Section 71-105, relating to the issuance of such certificates and the fees therefor, as amended ............................................ 5.00
(6) Registering and filing trade names pursuant to the provisions of Section 2 of an Act providing for the registration of trade names, ap proved March 29, 1937 (Ga. Laws 1937, p. 804), as amended . . . 5.00
(7) The clerk shall not charge a fee for recording discharge cer tificates of veterans as provided in an Act to prohibit clerks of the superior court from charging veterans of certain wars a fee for record ing their discharge certificates, approved March 27, 1947 (Ga. Laws 1947, p. 1201), as amended.
(8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Section 67-2604, relating to the registering of liens for the United States Internal Revenue Taxes,

(a) Tax lien on real or personal property. ................ 2.00
(b) Certificate of discharge or subordination ............. 2.00
(c) All other notices, including a certificate of release or nonattachment ............................................... 2.00
(9) Filing written information of gas companies, in accordance with Section 4 of an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended, a fee per page of.............................................. 2.00

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(10) Issuing certificate of pending or unsatisfied judgment, as pro vided in Section 68C-309 of the Motor Vehicle Safety Responsibility Act. ................................................ 2.00
(11) Issuance of license to practice law ................ no fee
(12) Filing incorporation proceedings:
(a) Articles of incorporation ......................... 16.00
(b) Articles of amendment .......................... 15.00
(c) Restated articles. ............................... 15.00
(d) Merger....................................... 15.00
(e) Dissolution. ................................... 15.00
(f) Involuntary dissolution.......................... no fee
(g) Consolidation and merger ........................ 15.00
(h) Certificate of election to dissolve .................. 15.00
(i) Order approving change of principal office. .......... no fee
(j) Articles of incorporation as required by Title 22, the 'Georgia Business Corporation Code,' and Section 41 of an Act known as the 'Rural Telephone Cooperative Act,' approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, and an Act known as the 'Electric Membership Corporation Act,' approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended. ............................. 15.00
(13) Filing lien on get of livestock in accordance with Section 67-2202, relating to get of livestock ....................... 2.00
(14) Filing hospital lien, first page. ..................... 2.00
each page thereafter ................................ 1.00
(15) Filing lis pendens, first page ...................... 2.00
each page thereafter ................................ 1.00
24-2727.5. Quasi civil/criminal court cost enumerated.
(1) Issuing fieri facias and entry on execution docket ......$ 2.00
(2) Entering fieri facias on general execution docket ....... 1.00
(3] Issuing subpoena or summons to witness .............. .50
(4) Furnishing and certifying any process, order, etc., for publica tion ................................................ 1.50

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(5) Providing uncertified photocopies of documents in clerk's of fice, per page.......................................... .25
(6) Issuing commission to examine witness .............. 1.00
(7) Entering any record on minutes, not specified, per page . 1.50
(8) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page .............................. 1.50
Provided, however, that where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of ..................................... 5.00
(9) Entering remittitur from Supreme Court or Court of Appeals ............................................. 2.00
(10) Issuing jury scrip or check, each .................... .50
(11) For each day of service in attendance upon the courts . 35.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state. The clerks shall receive the same fees as in other civil cases for performing the duties required of them by Title 60 relating to land registration.
The clerks shall receive the same fees as in other civil cases for performing the duties required by them by an Act known as the 'Uniform Partnership Act,' approved February 15, 1952 (Ga. Laws 1952, p. 375), as amended.
24-2727.6. Property recording fees enumerated.
(1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with the provisions of Section 108-607, as amended, first page. . $ 3.00
each page, after the first............................. 2.00
(2) Cancellation of deeds, mortgages, and fieri facias, each. . 1.00
(3) Recording maps or plats .......................... 2.50
The fee charged for recording maps and plats shall include the fee required by Section 8.2 of an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended.
(4) Recording deeds of trust or amendments thereto, in ac cordance with the provisions of Section 108-607, as amended, first page................................................ 3.00
each page, after the first............................. 2.00

WEDNESDAY, MARCH 4, 1981

1565

The fee collected on the first page shall include the fee required by Section 8.2 of an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended.
(5) Filing and indexing financing statements and for stamping a copy furnished by the secured party to show the date and place of fil ing for an original or a continuation statement as provided in Section 109-9-403 of the Uniform Commercial Code ................ 5.00
Provided, there shall be no fee charged for filing a termination of a financing statement as provided in Section 109A-9-404, when the original financing statement was filed subsequent to the effective date of this sec tion of the Uniform Commercial Code.
Provided further, there shall be no fee charged for filing an assign ment that is indicated on the original financing statement, as provided in Section 109A-9-405 of the Uniform Commercial Code.
(6) Filing and indexing release of collateral, as provided in Section 109A-9-406, and filing and indexing an assignment of security in terest, as provided in Section 109A-9-405(2), and filing of continua tion, as provided in Section 109A-9-403J3], of the Uniform Commer cial Code ............................................ 2.50
(7) Providing copy of financing statement or statement of assign ment as provided in Section 109A-9-407 of the Uniform Commercial Code, per page ....................................... .75
(8| Entering cross-reference in real property index, per entry ............................................... .25
(9) Filing affidavit to extend lien as required in Section 67-2506, relating to the extension of a lien on personal property liens ..... 1.00
24-2727.7. Criminal court cost enumerated.
(1) Entering and docketing bills of indictment, presentments, nobills accusations, indictments, and accusation record ......... 3.00
(2) Service in cases where the defendant is tried or pleads guilty, or there is a settlement ................................. 10.00
(3) Service in docketing and entering bills of indictment of presentments on minutes in cases of nolle prosequi .......... 5.00
(4) Issuing and mailing first notice of arraignment pursuant to the provisions of Section 27-1401 ............................ 1.00
(5) Affidavit of custodian, filing, and transmittal pursuant to the provisions of Section 3 of an Act requiring defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, approv ed March 24, 1970 (Ga. Laws 1970, p. 692), as amended ....... 1.00

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(6) Preparation and transmission of defendant's personal history and related documents as provided in subsection (c) of Section 13 of an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public works camps, and prisoners, approved March 20, 1956 (Ga. Laws 1956, p. 161), as amended ............................................ 5.00
(7) Preparation and transmission of documents to superior court sentence review panel in accordance with Section 27-2511.1, first copy, per page........................................ 1.50
Subsequent copies, per page............................. .50
(8) Preparation and furnishing copy of the record of appeal or criminal cases where accused was convicted of capital felony, in ac cordance with Section 12 of an Act comprehensively revising ap pellate and other posttrial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, per 100 words. .......... .20
Clerk's certificate ..................................... 1.50
Provided, however, the clerk shall not receive compensation for the transcript of evidence and proceedings.
24-2727.8. Existing laws. All laws in force in this state which pro vide compensation for clerks of the superior courts for the discharge of duties not herein enumerated or in conflict with the provisions of Sec tions 24-2727.1 through 24-2727.7 shall remain in full force and effect."
Section 2. Code Section 24-3406, relating to deposits in civil cases, is hereby amended by striking, wherever the same shall appear, the following:
"Code section 24-2727'',
and substituting in lieu thereof the following:
"Section 24-2727.3(1)",
so that when so amended Code Section 24-3406 shall read as follows:
"24-3406. Deposit of cost required in civil cases. The clerks of the superior courts shall not be required to file any civil case or pro ceeding until the deposit required by Section 24-2727.3(1), relating to fees of clerks of the superior courts, as amended, has been deposited with said clerk on account of cost, provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect. If the case or proceeding be dismissed or if the total cost incurred in said case or proceeding is less than the deposit required by Section 24-2727.3(1), as amended, any of the sum remaining in the hands of the clerk shall be repaid. The deposit required to be filed by this section shall not affect any Code Section or Act of the General Assembly which requires a deposit in ex cess or in addition to the deposit of cost required by this section. Nothing contained herein shall be deemed to require such deposit of cost of the state, its agencies, or political subdivisions."

WEDNESDAY, MARCH 4, 1981

1567

Section 3. Code Section 60-618, relating to plat records, is hereby amended by striking the following:
"of $ 1 for that particular service'',
and substituting in lieu thereof the following:
"as provided in section 24-2727.6(3)",
so that when so amended Code Section 60-618 shall read as follows:
"60-618. Plat record; copy; fee. Whenever a plat of the premises, too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title, is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy the same on the register of decrees of title or on the certificate of title, but he shall record the same in one of the public record books in his office and in lieu of copying the plat shall note the existence of the same, together with a reference to the book and page where recorded. If the holder of the owner's certificate shall desire a copy of the plat attached as a part of his owner's certificate, the clerk shall make a copy and certify it and so attach it upon payment of a fee as provided in Section 24-2727.6(3)."
Section 4. Code Section 60-620, relating to descriptions in land registrations, is hereby amended by striking the following:
"be paid 10 cents per 100 words."
and substituting in lieu thereof the following:
"receive a fee as provided in Sections 24-2727.4(2) and 24-2727.4(3), relating to certification of records', so that when so amended Section 60-620 shall read as follows:
"60-620. Description, certified copy; fee. Whenever any of the description or details of a certificate of title on the title register shall be set out in full in some other record of the clerk's office with reference thereto on the title register, as hereinbefore provided, like reference shall be made on the owner's certificate and on creditor's certificates when thereafter issued; but if the holder of such owner's certificate or creditor's certificate shall so require, the clerk shall make a full and complete copy of such record to which reference is made, and certify it as such, and attach it to the owner's certificate or the creditor's certificate, as the case may be. For making and certify ing such copy of the recorded document or writing and attaching it to the owner's certificate or creditor's certificate, as the case may be, the clerk shall receive a fee as provided in Sections 24-2727.4(2) and 24-2727.4(3), relating to certification of records."
Section 5. Code Section 67-2202, relating to liens, is hereby amend ed by striking the following:
"25 cents each",

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and substituting in lieu thereof the following:
"a fee as required by Section 24-2727.4(13)",
so that when so amended Code Section 67-2202 shall read as follows:
"67-2202. Liens on get of stallions, etc.; record; priorities. The owner or keeper of any stallion, jack, or blooded or imported bull or boar shall have a lien upon the get thereof, for the service of such stallion, jack, or blooded or imported bull or boar, for the period of one year from the birth of such get, which lien shall be superior to all other liens, except the lien for taxes. The lien herein provided for shall not become operative unless the same be recorded in the office of the clerk of the superior court of the county wherein the owner of the mother resides, within six months after the performance of the ser vice; and said clerk shall keep a book in which all such liens are to be recorded, and said clerk shall receive a fee as required by Section 24-2727.4(13) for recording such liens: Provided, said animals shall be kept by the owners thereof inclosed in their own pastures or other wise."
Section 6. Code Section 67-2604, relating to filing of federal tax liens, as amended, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following:
"67-2604. The fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien shall be as required by Sec tion 24-2727.4(8), relating to fees of superior court clerks. The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them."
Section 7. Code Section 68C-309, relating to records, is hereby amended by striking the last sentence of said Code section in its entirety and substituting in lieu thereof the following:
"The cost of such certificate shall be $2.00 and shall be paid by the party requesting same."
Section 8. Code Section 68C-401, relating to judgments, is hereby amended by striking the last sentence of subsection (a) of said Code sec tion in its entirety and substituting in lieu thereof the following:
"The court shall be entitled to a fee as required by Sections 24-2727.4(2) and 24-2727.4(3). In the event a certificate of pending or unsatisfied judgment is requested, the court shall be entitled to a fee as required by Section 24-2727.4( 10)."
Section 9. Code Section 109A-9-403, relating to filing, as amended, is hereby amended by striking subsection (5) of said Code Section in its entirety and substituting in lieu thereof the following:
"(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of fil ing for an original or a continuation statement shall be as required by Section 24-2727.6(5)."

WEDNESDAY, MARCH 4, 1981

1569

Section 10. Code Section 109A-9-404, relating to termination statements, as amended, is hereby amended by striking subsection (3) of said Code section in its entirety and substituting in lieu thereof the following:
"The uniform fee for filing and indexing a termination statement of a financing statement filed prior to the effective date of this section shall be $1.00. The termination fee shall be included in the filing for the financing statement filed subsequent to the effective date of this section."
Section 11. Code Section 109A-9-405, relating to assignments of security interests, is hereby amended by striking the last sentence of subsection (1) of said Code section and substituting in lieu thereof the following:
"The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by Section 24-2727.6(6)."
Section 12. Code Section 109A-9-405, relating to assignments of security interests, is hereby amended by striking the last sentence of subsection (2) of said Code section and substituting in lieu thereof the following:
"The uniform fee for filing, indexing and stamping a copy of such a separate statement of assignment shall be as required by Section 24-2727.6(6)."
Section 13. Code Section 109A-9-406, relating to releases of col lateral, is hereby amended by striking the last sentence of said Code sec tion in its entirety and substituting in lieu thereof the following:
"The uniform fee for filing and noting such a statement of release shall be as required by Section 24-2727.6(6)."
Section 14. Code Section 109A-9-407, relating to information from filing officer, is hereby amended by striking subsection (1) of said Code section in its entirety and substituting in lieu thereof the following:
"(1) Upon request the filing officer shall furnish a copy of any fil ed financing statement or statement of assignment for a uniform fee as required by Section 24-2727.6(7), provided that the person re questing such copy shall furnish to the filing officer the file number of the statement requested."
Section 15. An Act comprehensively revising appellate and other posttrial procedures, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, is hereby amended by striking subsection (b) of Section 12 of said Act in its entirety and substituting in lieu thereof the following:
"(b) Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish the Attorney General with an exact copy of the record on appeal for which the clerk shall receive a fee as required by Section 24-2727.7(9), to be paid out of funds appropriated to the State Law Department.''

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Section 16. An Act providing certain requirements in connection with blasting or excavating in the vicinity of gas pipes, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended, is hereby amended by strik ing subsection (c) of Section 4 of said Act in its entirety and substituting in lieu thereof the following:
"(c) charge a fee for the filing of such written materials in accor dance with Section 24-2727.4(9)."
Section 17. An Act known as the "Rural Telephone Cooperative Act," approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, is hereby amended by striking in its entirety Section 41 of said Act and substituting in lieu thereof the following:
"Section 41. Fees. The clerk of the superior court shall charge and collect the following fees:
(a) Filing articles of incorporation, as required by Section 24-2727.4(12) and Section 24-2739.1. ....................$ 16.00
(b) Filing articles of amendment .................... 15.00
(c) Filing articles of consolidation or merger ........... 15.00
(d) Filing articles of conversion, or consolidation and merger. ........................................... 15.00
(e) Filing certificate of election to dissove ............. 15.00
(f) Filing articles of dissolution ..................... 15.00
(g) Filing order approving change of principal office ..... no fee
The Secretary of State shall charge and collect the following fees for his service:
(h) Filing articles of incorporation ................... 5.00
(i) Filing articles of amendment. .................... 5.00
(j) Filing articles of consolidation or merger ........... 5.00
(k) Filing articles of conversion ..................... 5.00
(1) Filing articles of consolidation and conversion . ...... 5.00
(m) Filing certificate of election to dissolve... .......... 5.00
(n) Filing articles of dissolution ..................... 5.00
(o) Filing order approving change of principal office .... 5.00"
Section 18. An Act to create liens in favor of hospitals, approved December 14, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 105), is hereby amended by striking the last sentence of Section 3 of said Act in its entire ty and substituting in lieu thereof the following:

WEDNESDAY, MARCH 4, 1981

1571

' The clerk shall receive a fee as required by Section 24-2727.4( 14) as his fee for such filing."

Section 19. An Act known as the "Electric Membership Corpora tion Act," approved March 30, 1937 (Ga. Laws 1937, p. 644), as amend ed, is hereby amended by striking Section 17 of said Act, which reads as follows:

"Section 17. Fees of Secretary of State. The Secretary of State shall charge and collect fees for filing documents and issuing cer tificates in amounts equal to those provided by Section 22-1602 of the Georgia Business Corporation Code, as now in effect or as hereafter amended.",

and substituting in lieu thereof the following:

"Section 17. Fees for clerk of Superior Court. The clerk of the Superior Court shall charge and collect the fee for filing of articles of incorporation, amendments, consolidation, and dissolution as re quired by Section 24-2727.4(12)."

Section 20. An Act to limit the effect of filing any mortgage, ap proved March 31, 1937 (Ga. Laws 1937, p. 760), is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof the following:

"Section 3. The clerk of the Superior Court shall file such af fidavit, reindex the instrument mentioned therein, and enter on the margin of the record of such instrument a reference to the filing of such affidavit, stating thereon the date of filing such affidavit and the amount unpaid on the obligation secured by such instrument for which services the clerk of the Superior Court shall be entitled to a fee as required by Section 24-2727.6(8)."

Section 21. An Act to provide for the filing of a lis pendens, approv

ed February 21, 1939 (Ga. Laws 1939, p. 345), as amended, is hereby

amended by striking Section 2 of said Act in its entirety and substituting

in lieu thereof the following:

%

"Section 2. The Clerks of the Superior Courts of this State from and after the passage of this Act shall keep a lis pendens docket in which shall be recorded all notices of lis pendens on real property fil ed with them, such lis pendens docket to have proper indexes, and such indexes to be arranged alphabetically, both as to direct and in verse, and the Clerks of this State shall be allowed a fee as required by Section 24-2727.4(15), for recording such lis pendens in said lis pendens docket."

Section 22. An Act entitled "The Georgia Professional Association Act," approved April 5, 1961 (Ga. Laws 961, p. 404), as amended, is hereby amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof the following:

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"Section 4. Such persons may form a professional association by executing and recording Articles of Association in the office of the clerk of the superior court in the county in which the association's principal office is located. The clerk shall record such Articles of Association and any amendments thereto or instruments of dissolu tion thereof in the same manner as required for the recording of ar ticles of incorporation and shall receive a fee as required by Section 24-2727.4(12). Such Articles of Association shall not be required to be published or recorded elsewhere. Such record of said Articles of Association, when so recorded, shall be notice of the provisions of the Articles to the world as well as to all parties dealing with such Association. Such persons shall adopt such name for the Association as they in their discretion may determine. Provided, that the name selected shall be followed by the words 'Professional Association' or the abbreviation 'P.A.' Said Articles of Association may contain any provision not in violation of law or the public policy of this State as the members of the association may decide. Such Articles may be amend ed or dissolved at any time and from time to time by agreement of two-thirds of the members at any regular meeting or at a special meeting called for that purpose, and upon likewise recording such amendment or instrument of dissolution in the same place or places as the original Articles of Association."
Section 23. Code Section 24-3407, relating to deposits for nonresi dent plaintiffs, and which reads as follows:
"24-3407. Deposit by nonresident plaintiff; additional deposit. The clerks of the superior and city courts shall not be required to file any proceeding in which the plaintiff is a nonresident, until $ 10 shall have been deposited with the clerk on account of costs. The court, at any stage of such cause, on motion of the clerk, shall require such ad ditional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the costs taxable by law, the clerk shall refund to the depositor the excess.",
is hereby repealed in its entirety.
Section 24. Code Section 39-708, relating to clerk's fees, and which reads as follows:
"39-708. Clerk's fees. For entering such execution, as aforesaid, upon the general execution docket, the clerk shall be entitled to a fee of 10 cents, to be taxed in the bill of costs.",
is hereby repealed inits entirety.
Section 25. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

WEDNESDAY, MARCH 4, 1981

1573

Section 26. 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 Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Greene Hill Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell Deal English

Garner Gillis Holloway

On the passage of the bill, the yeas were 48, nays 0.

Horton Thompson

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 68. By Senator Coverdell of the 40th:
A bill to amend an Act providing that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, where there is a local pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly.

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The following fiscal note, as requested by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1981

SUBJECT: Updated Fiscal Note--Senate Bill 68 Credit in Local Pension Plans for General Assembly Service

This Bill would prohibit members of the General Assembly from receiving creditable service under any local pension plan for service as a member of the General Assembly rendered on or after the effective date of this Bill. Current law specifies that persons eligible for pension benefits under a local pension plan shall receive credit for any time serv ed in the General Assembly.

Any fiscal impact this Bill would have on a local pension system would be favorable to the system.

I si William M. Nixon State Auditor

1st Clark T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 68:
A BILL
To be entitled an Act to amend an Act providing that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, where there is a local pension plan applicable to such employment or of fice, he shall receive credit for time served as a member of the General Assembly, approved March 6, 1962 (Ga. Laws 1962, p. 595), so as to pro vide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system unless the source of authority of such local retirement or pension system authorizes creditable service for service in the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 4, 1981

1575

Section 1. An Act providing that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, where there is a local pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly, approved March 6, 1962 (Ga. Laws 1962, p. 595|, is hereby amended by adding a new Section 1A immediately following Section 1 to read as follows:
"Section 1A. No person becoming a member of the General Assembly for the first time on or after July 1, 1981, shall be entitled to receive or shall receive any creditable service under any local retire ment or pension system for service as a member of the General Assembly unless the law, ordinance, or resolution which is the source of authority for such local retirement or pension system authorizes creditable service to be obtained under such local retirement or pen sion system for service in the General Assembly."
Section 2. 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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 26, 1981

SUBJECT: Fiscal Note--Senate Bill 68 {Substitute) Credit in Local Pension Plans for General Assembly Service

This Bill would prohibit persons becoming members of the General Assembly for the first time on or after July 1, 1981 from receiving creditable service under any local pension plan for service as a member of the General Assembly unless local laws authorized such credit to be obtained. Current law specifies that persons eligible for pension benefits under a local pension plan shall receive credit for any time served in the General Assembly.

Any fiscal impact this Bill would have on a local pension system would be favorable to the system.

/s/William M. Nixon State Auditor

/s/Clark T. Stevens, Director Office of Planning and Budget

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On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Coverdell Deal English

Garner Holloway Horton

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins Robinson

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate was taken up for the purpose of con sidering the House amendment thereto:
SR 61. By Senators Garner of the 30th, Kennedy of the 4th, Barnes of the 33rd and others: A resolution creating the Joint Correctional Institution Study Committee.

WEDNESDAY, MARCH 4, 1981

1577

The House amendment was as follows:
Amend SR 61 as follows:
On Page 1, line 25, after the word "Governor."
by striking the word "The"
and by striking on Page 2, lines 1,2,3 and 4
and inserting in lieu thereof the following:
"The chairman and vice chairman of the committee shall be elected by the appointed members of the committee. However, the vice chairman must be a member of the other house. The first meeting shall be called by the President of the Senate.''

Senator Garner of the 30th moved that the Senate agree to the House amend ment to SR 61.

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 Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brannon Coverdell English

Evans Holloway Horton

Hudgins Land Robinson

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On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 61.

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 387. By Senators Walker of the 19th, English of the 21st, Gillis of the 20th and others:
A bill to amend Code Chapter 45-5, relating to hunting, as amended, so as to provide that a person hunting deer shall not be required to wear a daylight fluorescent orange outer garment while positioned on a sta tionary deer stand which is located above the ground.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Garner and Hill.

Those not voting were Senators:

Brantley Deal

Horton Robinson

On the passage of the bill, the yeas were 49, nays 2.

Stumbaugh

WEDNESDAY, MARCH 4, 1981

1579

The bill, having received the requisite constitutional majority, was passed.

HR 154. By Representatives Lambert of the 112th and Argo of the 63rd: A resolution approving certain rules of the Supreme Court of Georgia. Senate Sponsor: Senator Barnes of the 33rd.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bond

Evans

Tate

Not voting was Senator Holloway.

On the adoption of the resolution, the yeas were 52, nays 3.

The resolution, having received the requisite constitutional majority, was adopted.

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HB 50. By Representative Padgett of the 86th:
A bill to amend an Act known as the "Georgia Industrial Loan Act'', so as to repeal the provision relating to the reinstatement of a certain rate of in terest.
Senate Sponsor: Senator Littlefield of the 6th.
The Senate Committee on Banking, Finance and Insurance offered the following amendment:
Amend HB 50 by adding on Page 1, line 5, after the word and symbol "interest;" the following:
"to extend the date on which the interest rate applicable to loan contracts shall revert to the interest rate in effect on January 1, 1980;";
and
By striking in their entirety on Page 1, lines 13 through 23, and inserting in lieu thereof the following:
"the figure '1981' in Section 3 of the amendatory Act, approved March 20, 1980 (Ga. Laws 1980, p. 509), and inserting in lieu thereof the figure '1983' so that Section 3 of said amendatory Act when so amended shall read as follows:
'Section 3. The provisions of quoted subsection (a) of Section 1 of this Act shall automatically stand repealed on July 1, 1983, and subsection (a) of Section 15, specifically including the rate of interest applicable to loan contracts, of the "Georgia Industrial Loan Act," ap proved March 4, 1955 (Ga. Laws 1955, p. 431), as said Act existed on January 1, 1980, shall be reinstated and become of full force and ef fect.',".

On the adoption of the amendment, the yeas were 15, nays 27, and the commit tee amendment was lost.

Senator Littlefield of the 6th moved the previous question.

On the motion, the yeas were 29, nays 5; the motion prevailed.

Senator Stumbaugh of the 55th moved that the Senate reconsider the motion of fered by Senator Littlefield of the 6th for the previous question.

On the motion offered by Senator Stumbaugh of the 55th, the yeas were 28, nays 16; the motion prevailed, and the previous question was not ordered.

WEDNESDAY, MARCH 4, 1981

1581

Senator Evans of the 37th moved that the Senate reconsider its action in failing
to adopt the amendment offered by the Senate Committee on Banking, Finance and Insurance.

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:

Allgood Ballard Barker Barnes Bond Brannon Brantley Cobb Coleman Coverdell Dean

Eldridge Engram Evans Fincher of 54th Garner Greene Horton Howard Hudson Lester

Those voting in the negative were Senators:

Bell Bowen Broun of 46th Brown of 47th Bryant Deal English Fincher of 52nd

Foster Gillis Hill Holloway Hudgins Kennedy Kidd Land

Robinson Starr Stumbaugh Sutton Tate Thompson Trulock Tysinger Walker Wessels
Littlefield McGill Reynolds Scott Stephens Summers Timmons Turner

Not voting was Senator McKenzie.
On the motion, the yeas were 31, nays 24; the motion prevailed, and the adop tion of the amendment offered by the Senate Committee on Banking, Finance and Insurance was reconsidered.
On the adoption of the amendment offered by the Senate Committee on Bank ing, Finance and Insurance, 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 Bond Brannon

Brantley Cobb Coleman

1582
Dean Engram Evans Garner Horton Howard

JOURNAL OF THE SENATE

Lester Robinson Starr Stumbaugh Sutton

Tate Thompson Trulock Tysinger Wessels

Those voting in the negative were Senators:

Bell Bowen
Broun of 46th Brown of 47th Bryant Coverdell Deal Eldridge English
Fincher of 52nd

Fincher of 54th Foster
Gillis Greene Hill Holloway Hudgins Hudson Kennedy
Kidd

Land Littlefield
McGill Reynolds Scott Stephens Summers Timmons Turner
Walker

Not voting was Senator McKenzie.
On the adoption of the amendment offered by the Senate Committee on Bank ing, Finance and Insurance, the yeas were 25, nays 30, and the committee amend ment was lost.
Senator Evans of the 37th offered the following amendment:

Amend HB 50 by inserting at the end of line 5 on Page 1 the follow ing:
'' to change the provisions relative to penalties;''.
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding a new subsec tion (h) at the end of Section 20 of said Act 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 Act, any contract under which such charge is imposed shall be uncollectable as to either principal or interest. For the purposes of this subsection, the phrase "regularly impose a charge in violation of this Act" is defined as imposing a charge in violation of this Act on more than 50 percent of all contracts of the same repayment period entered into by the licensee in the same month as the contract to which this subsection is contended to apply.'''

WEDNESDAY, MARCH 4, 1981

1583

Senator Barnes of the 33rd moved that the amendment be printed.

On the motion, the yeas were 38, nays 2; the motion prevailed, and the amend ment was ordered printed.

On the adoption of the amendment offered by Senator Evans of the 37th, 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:

Ballard Bond Brantley Coleman Coverdell

Engrain Evans Horton Howard Hudson

Those voting in the negative were Senators:

Allgood Barker Barnes Bell Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Deal Dean Eldridge English

Fincher of 52nd Fincherof 54th Foster Gillis Greene Hill Holloway Hudgins Kennedy Kidd Land Lester Littlefield

Starr Stumbaugh Sutton Tate Trulock
McGill McKenzie Reynolds Robinson Scott Stephens Summers Thompson Timmons Turner Tysinger Walker Wessels

Not voting was Senator Garner.

On the adoption of the amendment, the yeas were 15, nays 40, and the amend ment offered by Senator Evans of the 37th was lost.
Senators Trulock of the 10th and Garner of the 30th offered the following amendment:
- Amend HB 50 by adding on Page 1, line 5, after the word and symbol "interest;" the following:

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"to extend the date on which the interest rate applicable to loan contracts shall revert to the interest rate in effect on January 1, 1980;";
and
By striking in their entirety on Page 1, lines 13 through 23, and inserting in lieu thereof the following:
"the figure '1981' in Section 3 of the amendatory Act, approved March 20, 1980 (Ga. Laws 1980, p. 509), and inserting in lieu thereof the figure '1984' so that Section 3 of said amendatory Act when so amended shall read as follows:
'Section 3. The provisions of quoted subsection (a) of Section 1 of this Act shall automatically stand repealed on July 1, 1984, and subsection (a) of Section 15, specifically including the rate of interest applicable to loan contracts, of the "Georgia Industrial Loan Act," ap proved March 4, 1955 (Ga. Laws 1955, p. 431), as said Act existed on January 1, 1980, shall be reinstated and become of full force and ef fect.',".

On the adoption of the amendment offered by Senators Trulock of the 10th and Garner of the 30th, Senator Trulock of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Brannon Brantley Broun of 46th Cobb

Coleman Coverdell Dean Engram Evans Fincher of 54th Garner Horton Howard

Lester Reynolds Robinson Starr Stumbaugh Sutton Thompson Trulock Tysinger

Those voting in the negative were Senators:

Bell Bowen Brown of 47th Bryant Deal Eldridge English Fincher of 52nd Foster Gillis

Greene Hill Holloway Hudgins Hudson Kennedy Kidd Land Littlefield McGill

McKenzie Scott Stephens Summers Tate Timmons Turner Walker Wessels

WEDNESDAY, MARCH 4, 1981

1585

On the adoption of the amendment offered by Senators Trulock of the 10th and Garner of the 30th, the yeas were 27, nays 29, 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:

Barker Barnes Bell Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Fincher of 52nd

Fincher of 54th Foster Garner Gillis Greene Hill Holloway Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Ballard Bond

Engram Evans Horton

Howard Hudson Starr

Not voting was Senator Broun of 46th.

On the passage of the bill, the yeas were 46, nays 9.

The bill, having received the requisite constitutional majority, was passed.

Senator Evans of the 37th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 50.

Senator Turner of the 8th introduced a doctor of the day, Dr. Joe C. Stubbs, of Valdosta, Georgia.

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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 346. By Senator Greene of the 26th:
A bill to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, so as to provide ex ceptions to notice requirements in certain cases involving bankruptcy proceedings.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgaod Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 52nd Foster Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Land Lester Littlefield

Those not voting were Senators:

Fincher of 54th Garner

Horton Hudgins

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Starr Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

WEDNESDAY, MARCH 4, 1981

1587

SB 379. By Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th and others:
A bill to amend Code Chapter 56-5, relating to rates for certain types of insurance, as amended, so as to change the provisions relating to defini tions; to change the provisions relating to the application of said Code chapter.

Senator Tysinger of the 41st offered the following amendment:

Amend SB 379 by striking on Page 11, line 3 the following: "appointment"
and inserting in lieu thereof the following: "apportionment".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Holloway (presiding) Horton

Hudgins

On the passage of the bill, the yeas were 52, nays 0.

Summers

The bill, having received the requisite constitutional majority, was passed as amended.

SR 85. By Senators Cobb of the 28th, Timmons of the llth, Brannon of the 51st and others:
A resolution creating the Joint Study Committee on Drug and Narcotic Abuse.

The Senate Committee on Human Resources offered the following amendment:
Amend SR 85 by striking on Page 1, lines 21 and 23, the words "Public Safety Committee".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion 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 Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

WEDNESDAY, MARCH 4, 1981

1589

Those not voting were Senators:

Ballard Evans Greene

Holloway (presiding) Horton

Hudgins 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.

HB 595. By Representatives Lambert of the 112th, Argo of the 63rd, Martin of the 60th and others:
A bill to amend the "Executive Reorganization Act of 1972", so as to change the composition of the Board of Public Safety.
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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill

Those not voting were Senators:

Broun of 46th Evans

Holloway (presiding) Horton

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land

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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.

SB 318. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-1, relating to general principles of tort law, as amended, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.

The Senate Committee on Judiciary offered the following substitute to SB 318:

A BILL
To be entitled an Act to amend Code Chapter 105-1, relating to general principles of tort law, as amended, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 105-1, relating to general principles of tort law, as amended, is hereby amended by striking Code Section 105-110, which reads as follows:
"105-110. Vicious animals, liability for injuries caused by.--A per son who owns or keeps a vicious or dangerous animal of any kind, and who, by careless management of the same, or by allowing the same to go at liberty, causes injury to another who does not, by his own act, provoke the injury, shall be liable in damages to the person so injured.",
and inserting in its place a new section to read as follows:
"105-110. Vicious animals, liability for injuries caused by. A per son who owns or keeps a vicious or dangerous animal of any kind, and who, by careless management of the same, or by allowing the same to go at liberty, causes injury to another who does not, by his own act, provoke the injury, shall be liable in damages to the person so injured. However, in proving vicious propensity it shall not be necessary that the injured party prove (1) that the animal had previously committed the specific act causing the injury; or (2) that the owner knows of the propensity of the animal to do the specific type of harm causing the injury."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, MARCH 4, 1981

1591

Senator Cobb of the 28th offered the following amendment:
Amend the substitute to SB 318 offered by the Senate Committee on Judiciary by renumbering Section 2 as Section 3 and adding a new Sec tion 2 to read as follows:
"The provisions of this Act shall not apply to any county with a population of less than 200,000 according to the 1980 Federal Census or any subsequent census.''
and
by adding on Page 1, line 4 after the word "animals;'' the words
"to provide for exceptions;"

Senator Cobb of the 28th asked unanimous consent that the amendment be withdrawn; the consent was granted, and the amendment offered by Senator Cobb of the 28th to the committee substitute was withdrawn.
Senator Sutton of the 9th offered the following amendment:
Amend the substitute to SB 318 offered by the Senate Committee on Judiciary by striking the words "animal" or animals" wherever they oc cur and inserting in lieu thereof the words ' 'dog'' or ' 'dogs".

Senator Sutton of the 9th asked unanimous consent that the amendment be withdrawn; the consent was granted, and the amendment offered by Senator Sut ton of the 9th to the committee substitute was withdrawn.

Senator Ballard of the 45th offered the following amendment:
Amend the substitute to SB 318 offered by the Senate Committee on Judiciary by adding on Page 1, line 12 and line 20 after the word "kind", the following:
"except domestic farm livestock''.

On the adoption of the amendment offered by Senator Ballard of the 45th, the yeas were 46, nays 0, and the amendment was adopted.

Senator Hudson of the 35th offered the following amendment:
Amend the substitute to SB 318 offered by the Senate Committee on Judiciary as follows:
On Page 1, lines 21 and 22 after the word "same" delete the words "or by allowing the same to go at liberty".

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JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senator Hudson of the 35th, Senator Hudson of the 35th called for the yeas and nays; the call was sustained, and
the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Bryant Coleman Eldridge English Fincher of 52nd Fincher of 54th

Gillis Horton Hudson Kennedy Kidd McKenzie Stephens

Summers Sutton Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Cobb

Coverdell Dean Engram Evans Foster Garner Greene Hill Howard Land Lester

Littlefield McGill Reynolds Robinson Scott Starr Stumbaugh Tate Thompson Tysinger

Those not voting were Senators:

Deal

Holloway (presiding)

Hudgins

On the adoption of the amendment offered by Senator Hudson of the 35th, the yeas were 21, nays 32, and the amendment to the committee substitute was lost.

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

WEDNESDAY, MARCH 4, 1981

1593

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English Engram Evans Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Fincher of 52nd Hudson

Stephens

Those not voting were Senators:

Deal

Holloway (presiding!

Summers Hudgins

On the passage of the bill, the yeas were 49, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 1:15 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 bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 157. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to the deter mination of certain rates of interest for use in all calculations required in connection with Employees' Retirement System of Georgia.

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The following fiscal note, as requied by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 28, 1981

SUBJECT: Fiscal Note--Senate Bill 157 Employees' Retirement System

This Bill would revise the current law to remove the 4Vz% ceiling on the rate of regular interest set by the System's Board of Trustees for use in actuarial calculations.

Removing the ceiling on the interest rate assumption set by the Board would have no direct fiscal impact on ERS. In an experience study dated December 31, 1980, the System's actuary indicated that the current in terest rate set by the Board (4V2%) is used in conjunction with proper modification of the wage and post-retirement benefit adjustment assumptions and is tested against results obtained without regard to the current ceiling. If the Board sets a higher interest rate assumption pur suant to this Bill, it could affect the supplemental adjustment that is pro vided retirees based on the income earned by the Trust Fund that ex ceeds the assumed yield. Revising the assumed interest rate could re quire redefining the supplemental adjustment and changing this assump tion. The Trust Fund is currently earning income at the rate of 7%% and this yield is increasing as income is invested at higher rates.

/s/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.

On the 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

Bowen Brannon Brown of 47th Coleman Coverdell

Deal Dean Eldridge English Evans

WEDNESDAY, MARCH 4, 1981

1595

Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Howard Hudson

Kennedy Kidd Land Lester McGill McKenzie Reynolds Stumbaugh

Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Broun of 46th Bryant Cobb Engram

Gillis Holloway Horton Hudgins Littlefield Robinson

Scott Starr Stephens Timmons Trulock

On the passage of the bill, the yeas were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 370. By Senators Walker of the 19th, Gillis of the 20th, English of the 21st and others: A bill to amend an Act providing requirements relative to trappers and fur dealers, as amended, so as to revise the definition of certain terms; to authorize trapping of coyote at any time during the year; to authorize the trapping or capture and sale of rabbits and hares.
The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to SB 370:
A BILL
To be entitled an Act to amend an Act providing requirements relative to trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), as amended, so as to authorize the trapping or capture and sale of rabbits and hares; to provide for severability; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORIGA:
Section 1. An Act providing requirements relative to trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), as amend ed, is hereby amended by striking in its entirety subsection (b) of Section 12, relating to trapping or capturing rabbits or hares by minors, and in serting in lieu thereof a new subsection (b) to read as follows:

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"(b) The Director of the Game and Fish Division of the Depart ment of Natural Resources may issue a special permit to any person, including any minor under sixteen (16) years of age, for the purpose of trapping or capturing rabbits or hares by means of rabbit boxes or other similar devices. Such person shall be authorized to sell rabbits or hares for use at time trials licensed or sanctioned by the American Kennel Club. When issuing such special permits, the Director shall consider principles of sound wildlife management as well as the de mand for rabbits or hares in a given locality of the State. Provided, however, nothing in this Act shall be construed to repeal the provi sions of Sections 45-528 and 45-607 of the Game and Fish Code."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 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 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 Bowen Brannon Brown of 47th Coleman Deal Dean English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Howard Kennedy Kidd Lester McGill McKenzie Reynolds

Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

WEDNESDAY, MARCH 4, 1981

1597

Voting in the negative were Senators Eldridge and Hill.

Those not voting were Senators:

Bond Brantley Broun of 46th Bryant Cobb
Coverdell

Evans Holloway Horton
Hudgins Hudson

On the passage of the bill, the yeas were 38, nays 2.

Land Littlefield Robinson
Starr Timmons

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 339. By Representatives Fuller of the 16th, Childers of the 15th, Adams of the 14th and Cummings of the 17th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide for determining amounts payable to certain retired public schoolteachers who retired pursuant to county, municipal, or local board of education retirement or pension system.
Senate Sponsor: Senator Summers of the 53rd:

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 Rudolph Johnson, Chairman

Retirement House Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

Februarys, 1981

SUBJECT: Fiscal Note - House Bill 339 Teachers' Retirement System

This Bill would allow local retirees to include teaching service prior to January 1, 1945 in the calculation of minimum retirement benefits ($10 floor) if such service was not allowed for credit under a local retire
ment system.

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JOURNAL OF THE SENATE

A review of records available at TRS indicated that two local retirees with a total of 20 years' service not credited by their local retirement system would be affected by this Bill. The cost of this Bill for the two teachers at the $10 floor level would be $2,400 in fiscal year 1982. If the General Assembly funded the $12 floor which was approved by the 1980 General Assembly, the cost of this Bill would be $2,880 in fiscal year 1982.

I si William M. Nixon State Auditor

Isi 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.

On the 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 Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Bond Brantley Broun of 46th

Bryant Hill Holloway

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Littlefield Robinson

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 4, 1981

1599

SR 111. By Senator Reynolds of the 48th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to release and convey to the City of Winder an easement in certain State-owned property located within Barrow County, Georgia, to the City of Winder.

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 Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McGill Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Broun of 46th

Coverdell Evans Littlefield

McKenzie Robinson

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 397. By Senator Reynolds of the 48th:
A bill to amend Code Section 91A-5009, relating to the transportation and delivery of motor fuel, so as to remove the provisions relating to the delivery of motor fuel at certain times; to provide an effective date.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Bond Holloway

Hudgins Littlefield

Robinson Tysinger

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 411. By Representative Walker of the 115th: A bill to amend Code Title 68E, known as the "Georgia Motor Vehicle Safety Inspection Act", so as to grant municipalities the right to adopt certain offenses contained under such title as ordinances by reference. 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:

WEDNESDAY, MARCH 4, 1981

1601

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land

Voting in the negative was Senator Brannon.

Lester McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Dean Hudgins

Littlefield Robinson

Trulock Tysinger

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 240. By Senator Scott of the 43rd:
A bill to amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to exhaustively and completely codify, revise, clarify, consolidate, modernize, and supersede Code Chapter 56-27, relating to group life insurance; to provide that no policy of group life insurance shall be delivered in this state unless it conforms to certain requirements.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 240:
A BILL
To be entitled an Act to amend Code Section 56-2701, relating to policies which must meet group life insurance requirements, so as to in crease the amount of insurance a credit union may carry upon its members; to provide for certain editorial changes; 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 Section 56-2701, relating to policies which must meet group life insurance requirements, is hereby amended by striking subsection (6) of said Code section in its entirety and inserting in lieu thereof a new subsection (6) to read as follows:
"(6) Bank and credit union groups. A bank authorized to do business in the State of Georgia may carry insurance upon its depositors for amounts not to exceed the savings deposit balances of each depositor or $2,000.00, whichever is less, and a credit union organized pursuant to the laws of Georgia or the Federal Credit Union Act may carry insurance upon its members for amounts not to exceed the share and deposit balances of each member or $10,000.00, whichever is less. Such insurance shall be subject to the requirements of subparts (a), (b), (c) and jd) of subsection (5) above."
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 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

Engram Evans Fincher of 52nd
Fincher of 54th Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Robinson
Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Those not voting were Senators:

Bond English

Gillis Holloway

Littlefield Summers

On the pasage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 327. By Senator Barnes of the 33rd: A bill to amend Code Section 59-112, relating to exemptions from jury duty, as amended, so as to provide an exemption for chiropractors; to provide an effective date.
The Senate Committee on Judiciary offered the following substitute to SB 327:
A BILL
To be entitled an Act to amend Code Chapter 59-1, relating to selec tion of jurors and exemptions from jury duty, so as to remove current ex emptions from jury duty; to provide that persons may be excused from jury duty upon a show of undue hardship; to provide for all related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 59-1, relating to selection of jurors and ex emptions from jury duty, is hereby amended by striking in its entirety Code Section 59-112, relating to exemptions from jury duty, and insert ing in its place a new Code Section 59-112 to read as follows:
"59-112. Exemption for undue hardship. Upon a showing of good cause by any person, to be satisfaction of and within the discretion of the trial judge, that service on the jury, whether criminal or civil, would work an undue hardship, the trial judge may excuse that per son from service for the term."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 30, nays 4, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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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 Bond Bowen Brannon Brantley Cobb Coleman Coverdell Deal Dean Eldridge

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudson Kidd Land McGill McKenzie

Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those voting in the negative were Senators:

Broun of 46th Brown of 47th

Bryant Kennedy

Reynolds Turner

Those not voting were Senators:

English Greene

Holloway Hudgins

Lester Littlefield

On the passage of the bill, the yeas were 44, nays 6.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 315. By Senator Barnes of the 33rd: A bill to amend Code Chapter 24-27A, relating to the office of the receiver of child support, so as to change the provisions relating to the appointment and removal of the child support receiver; to provide how payments in arrears shall be shown; to provide that the chief judge of the circuit may appoint additional employees; to provide for approval of the budget by the chief judge.
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 Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge Engram

Evans Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Brannon and Greene.

Those not voting were Senators:

Ballard English

Fincher of 52nd

Littlefield

On the passage of the bill, the yeas were 50, nays 2.
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 disagreement to the Senate amendment thereto:
HB 199. By Representative Greer of the 43rd: A bill to amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employees's compensation, so as to extend the deferred compensation program for employees of the State to permit inclusion of employees of the various state authorities and employees of the county boards of health.
Senator Kidd of the 25th moved that the Senate recede from the Senate amend ment to HB 199.

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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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Fincher of 54th Foster Gillis Greene Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Ballard Fincher of 52nd Garner

Hill Howard Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels
Stephens Timmons Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 199.
The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:
SB 395. By Senators Reynolds of the 48th and Brown of the 47th: A bill to amend the "Executive Reorganization Act of 1972", as amend ed, so as to provide for the transfer of the functions of the Georgia Intracoastal Waterway Commission to the Georgia Department of Transportation; to provide for specific repeal.
The report of the committee, which was favorable to the 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 Barker Barnes Bell Bond Bowen Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Ballard Brannon Broun of 46th

Fincher of 52nd Holloway Howard

On the passage of the bill, the yeas were 47, nays 0.

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Ty singer Walker Wessels
Littlefield Robinson Timmons

The bill, having received the requisite constitutional majority, was passed.

SB 298. By Senator Stumbaugh of the 55th:
A bill to protect the citizens of this state through the regulation of private detectives, persons engaged in the private security business, polygraph examiners and voice stress examiners; to provide a short title; to declare a purpose; to define certain terms; to establish the Georgia Board of Private Detective and Security Agencies.

The Senate Committee on Judiciary offered the following substitute to SB 298:

A BILL
To be entitled an Act to protect the citizens of this state through the regulation of the private detective and private security business; to pro vide a short title; to declare a purpose; to define certain terms; to establish the Georgia Board of Private Detective and Security Agencies; to provide for the secretary of such board; to provide for appointments, expenses, and meetings of the members of such board; to provide for powers and duties of such board; to provide for licenses for persons

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engaged in or wishing to engage in the private detective and private security business; to provide for registration of employees in the private detective and private security business; to provide for bonds and their forfeiture; to provide for licenses and registration fees, renewal, late fees, and reinstatement fees; to provide for qualifications; to provide for tem porary employees; to provide for licenses and registration for persons performing in-house security on an employer-employee basis; to provide for exception; to provide for criminal identification through fingerprints; to provide permits for carrying weapons; to exclude the holders of such permits from certain provisions of Georgia law; to provide for arrest powers; to provide for denial, suspension, and revocation of licenses and registration; to authorize injunctive relief; to provide for hearings and ad ministrative procedures; to authorize the recommendation to the joint secretary of the employment of personnel for enforcement of this Act; to provide for exceptions to this Act; to provide for a penalty for violations of this Act; to provide for the application of this Act; 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; declaration of purpose. This Act shall be known and may be cited as the "Georgia Private Detective and Security Agencies Act." This Act is enacted for the purpose of safeguarding the citizens of this state by regulation of the private detective and private security business. The regulation of the private detective and private security business is hereby declared to be in the public interest, and this Act shall be liberally construed so as to accomplish the foregoing pur poses.
Section 2. Definitions. As used in this Act, unless the context other wise requires, the term:
(1) "Board" means the Georgia Board of Private Detective and Security Agencies, a state licensing and examining board as defined in an Act providing a uniform method for the determination of fees to be charged by state licensing and examining boards, approved April 3, 1978 (Ga. Laws 1978, p. 1517), as now or hereafter amended.
(2) "Joint secretary" means the joint secretary, state examining boards.
(3) "Person" includes individuals, firms, associations, companies, partnerships, and corporations.
(4) "Private detective business" means engaging in the business of obtaining or furnishing, or accepting employment to obtain or to fur nish information with reference to:
(A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof; or
(B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transac tions, acts, reputation, or character of any person; or

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(C| The location, disposition, or recovery of lost or stolen proper ty; or
(D| The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; or
(E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or
(F) The protection of individuals from serious bodily harm or death.
(5) "Private security business" means engaging in the business of, or accepting employment to provide, any or all of the following ser vices:
(A) Private patrol service;
(B) Watchman service;
(C) Guard service;
(D) Armored car service.
Section 3. Board; composition; expenses; secretary; powers and duties, (a) There is hereby created a Georgia Board of Private Detective and Security Agencies. The board shall consist of seven members, each of whom shall be appointed by the Governor. The first appointees shall serve their terms as follows: three for two years, two for three years, and two for four years. Thereafter, each member shall serve for a term of four years. Three members shall be engaged in the contract private detective or private security business and shall have at least four years of experience in such business immediately preceding their appointment. One member shall be engaged in state, county, or municipal law enforce ment and shall have at least four years of experience in governmental law enforcement immediately preceding his appointment. Two members shall be engaged solely in providing in-house security on an employeremployee basis, as described in Section 9 of this Act, and shall have at least four years of experience in full-time security work immediately preceding their appointment. One member shall be appointed from the public at large. At the first meeting of the board each year, the members shall elect a chairman to serve for one year. A majority of the board members shall constitute a quorum for all board business. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term. Ap pointees to the board shall, immediately after their appointment, take and subscribe to a written oath or affirmation required by law for all public officers. The members of the board shall receive the same per diem allowance as that established by law for members of the General Assembly, which shall be paid only for days on which a member is in at tendance at a meeting of the board, or in attendance to the official duties or business of the board, or in attendance at an annual state or national

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meeting pertaining to the profession regulated by this Act. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the board in the amount of the least expensive tariff when traveled by a public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveling by private vehicle. Any reimbursement for ex penses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this section.
(b) The joint secretary shall be the secretary of the board, and, in ad dition to his duties as prescribed by Chapter 84-1 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the joint secretary at his office in Atlanta, Georgia. All official records of the board, or affidavits by the joint secretary as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein.
(c) In addition to any authority otherwise granted by this Act, and subject to the provisions of Chapter 84-1, 84-1A, 84-1B, and 84-1C of the Code of Georgia, as amended, the board shall have, subject to the ap proval of the joint secretary, the following powers and duties:
(1) To determine the qualifications of applicants for licenses or registration under the provisions of this Act;
(2) To investigate alleged violations of the provisions of this Act or any rules and regulations adopted by the board, including the power to conduct inspections of a licensee's employee lists and training records;
(3) To promulgate all rules and regulations necessary to carry out the provisions of this Act;
(4) To establish and enforce standards governing the conduct of per sons licensed and registered under the provisions of this Act;
(5) To maintain in its name an action for injunctive or other ap propriate legal or equitable relief to remedy violations of this Act. In pur suing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law. It is hereby declared that violations of the provisions of this Act are a menace and a nuisance, dangerous to the public health, safety, and welfare;
(6) To recommend to the joint secretary the employment or appoint ment of such personnel, including but not limited to inspectors, as may be necessary to assist the board in exercising and performing any and all powers, duties, and obligations set forth in this Act;
(7) To require a licensee to maintain and keep such records as are subject to inspection under the provisions of this Act.

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Section 4. Licensure and registration of persons practicing for one year on the effective date of this Act. (a) Notwithstanding any other pro vision of this Act, any individual, firm, association, company, partner ship, or corporation, which has engaged in the private detective or private security business for a period of at least one year prior to the ef fective date of this Act, shall make a verified application in writing to the joint secretary for a license. The application for a license shall be made under oath on a form to be furnished by the joint secretary. The applica tion shall state the applicant's full name, age, date and place of birth, residences and employment within the past ten years, and his present oc cupation, with the names and addresses of employers, the date and place of treatment for mental illness, alcohol or drug abuse, the date and place of any arrest, the date and place of conviction of any crime, including the entry of a place of nolo contendere or a plea entered pursuant to provi sions of the "Georgia First Offender Act" or other first offender treat ment and such additional information as the board may require. Each ap plicant shall submit with the application two complete sets of finger prints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were filed by June 30, 1980, pursuant to an Act known as the "Georgia Private Detective and Private Security Agencies Act," ap proved March 12, 1973 (Ga. Laws 1973, p. 40), as amended. If the appli cant is a corporation, the above information shall be provided by the president or secretary of such corporation. If the applicant is a partner ship, the above information shall be provided by each of the partners in such partnership. An applicant for licensure under this subsection shall submit satisfactory evidence to the board that such applicant has been actually engaged in the private detective or private security business for a period of at least one year prior to the effective date of this Act. Ap plicants desiring to receive a license under this subsection must submit the application, information, and evidence required by this subsection within 60 days from the effective date of this Act. Upon receiving the ap plication, proof of bond (or financial statement as provided in Section 5), the license fee as provided in Section 5 (or Section 9, in the case of inhouse security), within the time period stated herein, the board may grant a license to such person to conduct said private detective business or private security business as stated in such application. Such licensure shall be for five years, subject to the provisons of Code Section 84-104, as now or hereafter amended, and application for renewal shall be on a form furnished by the joint secretary. Renewal and penalty fees shall be those authorized by Section 5 of this Act or Section 9 in the case of inhouse security. Immediately upon receipt of the license certificate issued by the board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy of the duplicate of the license certificate shall be conspicuously placed at each branch office.
(b) Notwithstanding any other provision of this Act, any licenseeemployer under this Act shall register with the board any individual employed by him in the private detective or private security business, in cluding any individual employed solely on the premises of or in connec tion with the affairs of such employer, who has engaged in the private detective or private security business for at least one year prior to the ef fective date of this Act. Application for registration shall be made in

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writing, under oath, on a form to be furnished by the joint secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past ten years, and his pres ent occupation, with the names and addresses of employers, the date and place of treatment for mental illness, alcohol or drug abuse, the date and place of any arrest, the date and place of conviction of any crime, in cluding the entry of a plea of nolo contendere or a plea entered pursuant to provisions of the "Georgia First Offender Act" or other first offender treatment, and such additional information as the board may require. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were on file on June 30, 1980, pursuant to an Act known as the "Georgia Private Detective and Private Security Agencies Act," ap proved March 12, 1973 (Ga. Laws 1973, p. 40), as amended. Satisfactory evidence that the prospective registrant has been actually employed in the private detective or private security business for a period of at least one year prior to the effective date of this Act shall be submitted to the board. Employers desiring to register employees under this subsection must submit the application, information, and evidence required by this subsection within 60 days from the effective date of this Act. Upon receiving the application and a registration fee as provided in Section 6, the board may register such individual and so notify the employer. The employer shall notify the board within 30 days of the termination of employment of any registered employee. Such registration shall be for five years, subject to the provisions of Code Section 84-104, as now or hereafter amended. Application for renewal shall be made on a form fur nished by the joint secretary. Renewal and late renewal fees shall be those authorized by Section 6 of this Act. Upon receipt of a registration card issued by the board pursuant to this Act, the registrant shall main tain said card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business.
Section 5. Licenses; application; qualifications; bond; fees; display, (a) Except as provided in Section 4, any individual, firm, association, company, partnership, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the joint secretary for a license therefor.
(b) Upon being satisfied, after investigation, of the good character, competency, and integrity of an applicant for licensure under this Act or, if the applicant is a firm, association, company, partnership, or corpora tion, upon being satisfied of the good character, competency, and integri ty of the president or secretary of such corporation or member of such firm, association, or partnership, the board, subject to the approval of the joint secretary, may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, or corporation if:
(1) The applicant is at least 18 years of age;
(2) The applicant is a citizen of the United States or a registered resi dent alien;

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(3) The applicant is of good moral character;
(4), The applicant has not been convicted of a felony or any crime in volving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude. Provided, however, that, if the ap plicant has been convicted of such crime or has entered a plea of nolo contendere or has entered a plea pursuant to the provisions of the "Georgia First Offender Act" or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances sur rounding such criminal proceedings and, in its discretion, may grant a license to such applicant;
(5) The applicant had not committed an act constituting dishonesty or fraud;
(6) The applicant has satisfied the board that his private detective or private security business has a competent training officer and an ade quate training program with a curriculum approved by the board, or that adequate training will be obtained from such other source as the board may approve;
(7) The applicant has had at least two years of experience as a private detective with a licensed detective agency, or two years of experience as a supervisor or administrator in in-house security or with a licensed private security agency, or at least two years of experience as a member of the Federal Bureau of Investigation, or at least two years of experience as a member of any federal, state, county, or municipal police depart ment, or, in lieu thereof, that the applicant has met such other re quirements as the board may prescribe by rule.
If the applicant is a firm, association, company, partnership, or cor poration, the person filing the application on behalf of such firm, associa tion, company, partnership, or corporation shall be the president or secretary of such corporation or a member of such firm, association, or partnership and such individual shall meet the qualifications set out herein;
(8) The employee has not now nor within the last 12 months been treated for mental illness, alcohol or drug abuse;
(9) The applicant meets such other qualifications as the board may prescribe by rule.
(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the joint secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past ten years, and his present occupation, with the names and addresses of employers, date and place of treatment for mental illness, alcohol or drug abuse, date and place of any arrest, date and place of conviction of any crime, including the entry of a plea of nolo contendere or a plea entered pursuant to provisions of the "Georgia First Offender Act" or other first offender treatment, and such additional information as the board may require to investigate the qualifications,

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character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection.
(d)(l) In addition to the requirements enumerated in this section, each applicant for a license under this Act shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be ex ecuted in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state, conditioned to pay damages not to exceed the amount of such bond, to any person aggrieved by any act of the principal named in such bond, which act is in violation of the provisions of this Act and would be grounds for denial, suspen sion, or revocation of a license under Section 11 of this Act. In the alter native to the aforesaid bond requirement, the applicant may offer proof satisfactory to the board that it has obtained general liability insurance from an errors and omissions or similar liability insurance carrier authorized to do business in this state. Such liability insurance shall be in the coverage amount of $100,000.00. Such bond or proof of insurance shall be filed, immediately upon the granting of a license, with the joint secretary, state examining boards, by said licensee and shall be approved by the joint secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint secretary prior to the granting of a license, for the joint secretary's approval as heretofore mentioned.
(2) Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this Act, such person, in order to secure his recovery, may give notice to the joint secretary of such alleged liability and of the amount of damages claimed, after which notice the joint secretary shall be bound to retain, subject to the order of the court in which the action is pending, a sufficient amount of the proceeds of the bond of the applicant to pay the judgment in said action.
(3) In the event that a judgment is rendered against the applicant in an action in which it is determined that the applicant is liable for damages under this Act, and the applicant has not paid such judgment within ten days of the date on such judgment became final, then said per son may petition the court for an order directing the joint secretary to liq uidate the bond or a portion thereof sufficient to pay such judgment to the extent the judgment may be satisfied with the proceeds of the bond.
(4) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this section, unless the board is so informed in writing by certified mail at least 45 days prior to the proposed cancellation. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond, the board shall have the authority to revoke any license issued under this Act.

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(e) Licenses issued pursuant to this section shall be for up to five years, subject to the provisions of Code Section 84-104, as now or hereafter amended, and application for renewal shall be made on a form furnished by the joint secretary. License fees, renewal fees, late renewal fees, and reinstatement fees, and form of payment thereof, shall be established by appropriate rule of the board.
(f) Immediately upon receipt of a license certificate issued by the board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy of the duplicate of the license certificate shall be conspicuously posted at each branch office.
Section 6. Registration of employees; application; qualifications; fees. (a| Any licensee may employ as many agents, operators, assistants, guards, watchmen, or patrolmen as he deems necessary for the conduct of his business, provided that such employees meet the requirements and qualifications for registration under this Act.
(b| Except as provided in Section 4, within 30 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee shall make application to register such employees with the board.
(c) Upon being satisified, after investigation, of the employee's good character, competency, integrity, and eligibility for registration, the board may register such employee if:
(1] The employee is at least 18 years of age;
(2) The employee is a citizen of the United States or a registered resi dent alien;
(3) The employee is of good moral character;
(4] The employee has not been convicted of a felony or any crime in volving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude. Provided, however, thart, if the employee has been convicted of such crime or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to the "Georgia First Offender Act" or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee to be registered;
(5) The employee has not committed an act constituting dishonesty or fraud;
(6) The employee has not now nor within the last 12 months been treated for mental illness, alcohol or drug abuse;
(7| The employee meets such other qualifications as the board may prescribe by rule.

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(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the joint secretary. The application shall state the employee's full name, age, date and place of birth, residences and employment within the past ten years, experience in the position applied for or held, the date and place of treatment for mental illness, alcohol or drug abuse, the date and place of arrest, the date and place of conviction of any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to provisions of the "Georgia First Offender Act" or other first offender treatment, and such other information as the board may require to investigate properly the character, competency, and integrity of the employee. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection is not provided.
(e) Upon granting an application for registration, the board shall so notify the employer-licensee. The employer-licensee shall notify the board within 30 days of the termination of employment of any registered employees.
(f) The board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this Act within the previous 12 months.
(g) The board shall set appropriate fees for both a one-year license and for a five-year license. The applicant shall state on his application whether he wants a one or five-year license, subject to the provisions of Code Section 84-104, as amended, and application for renewal shall be made on a form furnished by the joint secretary. Registration fees, renewal fees, late renewal fees, and reinstatement fees, and form of pay ment thereof, shall be established by appropriate rule of the board. Upon receipt of a registration card issued by the board pursuant to this Act, the registrant shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business.
Section 7. Expiration of licenses and registrations; refund of fees. Licenses and registrations shall become invalid on the date of expiration but shall be subject to reinstatement upon payment of all fees due within 90 days of the date of expiration. Any license which has expired for more than 90 days shall not be renewed unless just cause can be shown and a new application shall be required. The board shall have the authority to refund fees upon proper cause, to be determined on a case-by-case basis, in the board's discretion.
Section 8. Temporary employees. Notwithstanding any other provi sions of this Act, any person or corporation may use temporary employees for special events, without making application or paying any fee for said temporary employee, provided such temporary employment does not exceed 30 days in a calendar year and such employee does not

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carry firearms in connection with said employment; provided, however, that the names, addresses, and birth dates of such temporary employees, along with the identity and date of the special event for which they are to be employed shall be furnished to the board, or its designated represen tative, at least three days prior to the commencement of such special event.
Section 9. In-house security on employer-employee basis; licenses; registration; fees; penalties. (a| Any individual, firm, association, com pany, partnership, or corporation employing individuals to do private security work on the premises and in connection with the affairs of such employer only, where there exists an employer-employee relationship, shall be required to make application to the board for a license. In order to secure a license, such employer must:
(1) Post with the board a bond in favor of the state or proof of liability insurance, in accordance with the provisions of Section 5 of this Act;
(2) Satisfy the board that such employer has a competent training of ficer and an adequate training program with a curriculum approved by the board, or that adequate training will be obtained from such other source as the board may approve;
(3| Pay a biennial license fee as established by appropriate rule of the board. Renewal fees, late renewal fees, and reinstatement fees, and form of payment thereof, shall be established by appropriate rule of the board.
(b) Any employer licensed in accordance with subsection (a) shall, within 30 days of employing an individual to engage in private security work, comply with the provisions of Section 6 of this Act in order to register all such employees with the board. Registration fees, renewal fees, and penalty fees shall be those set out in Section 9 of this Act. Registrants under this section shall have the same qualifications as those required by Section 6 of this Act. All other provisions of Section 6 of this Act shall be applicable to licensees and registrants under this section.
jc) The provisions of this Act shall not be construed so as to require a person or corporation employing persons who do not, within the scope of their employment, carry firearms or have access to firearms, who do private security work in connection with the affairs of such employer on ly, and where there exists an employer-employee relationship, to be registered and licensed or to register and license such employees under this Act; provided, however, that such persons or corporations may elect to be licensed under this Act.
Section 10. Fingerprints; criminal identification, (a) The board shall forward the two sets of fingerprints received from each prospective licensee and registrant to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by said bureau and the fingerprint system of identification established by the Federal Bureau of Investigation.

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jb] It shall be the duty of the joint secretary to keep a record of all in formation received from the Georgia Bureau of Investigation and the Federal Bureau of Investigation, with respect to criminal identification, and to cooperate with the Georgia Bureau of Investigation, with similar departments in other states, and with the United States Department of Justice in any criminal identification system.
(c) At such times as the joint secretary may require, fingerprint cards of licensees and registrants may be periodically reprocessed to identify criminal convictions subsequent to licensure or registration.
Section 11. Denial or sanction of licenses and registrations; hear ings, (a) The board shall have the power, with the approval of the joint secretary, after notice and hearing conducted pursuant to the "Ad ministrative Procedure Act," to accept or deny an application for licen sure or registration or to sanction any license or registration issued pur suant to this Act, if it determines that the applicant, licensee, or registrant without just cause has:
(1) Knowingly made any false statement or given any false informa tion in connection with an application for license or registration, in cluding an application for renewal or reinstatement thereof; or
(2) Knowingly violated any provision of this Act or violated any rule or regulation promulgated by the board pursuant to the authority con tained in this Act; or
(3) Been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude, in the courts of this state or any other state, territory, country, or in the courts of the United States. "Felony" as used in this subsection shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. For purposes of this subsection, a "conviction" shall be deemed to in clude a finding or verdict of guilty, or plea of guilty, regardless of whether an appeal of the conviction has been sought; or
(4) Been arrested, charged, and sentenced for the commission of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; or
(B) First offender treatment was granted, without adjudication of guilt pursuant to the charge; or
(C) Where an adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to provisions of the "Georgia First Offender Act" or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; or

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(5) Become unable to engage in the private detective or private security business with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. The board may, however, after investigation of the circumstances surrounding each application, approve for licensure and registration those individuals who produce certified medical evidence of having been successfully treated and cured of alcoholism, drug addiction, or mental illness; or
(6) Committed any act in the practice of the private detective or private security business constituting dishonesty or fraud; or
(7) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer or employee of the United States or of this state or of any political subdivision thereof, in the prac tice of the private detective or private security business; or
(8) Engaged in, or permitted any employee to engage in, the private detective or private security business without a valid license or registra tion issued under the provisions of this Act; or
(9) Willfully failed or refused to render a service or to tender a report to a client, in connection with the private detective or private security business, as agreed between the parties and for which compensation was paid or tendered in accordance with the agreement of the parties; or
(10) Committed a felony, any crime involving the illegal use, carry ing, or possession of a dangerous weapon, or any crime involving moral turpitude; or
(11) Knowingly violated or advised, encouraged, or assisted in the violation of any court order or injunction, in the course of the private detective or private security business, or knowingly advised, encourag ed, or assisted in the violation of any lawful order issued by the board; or
(12) Failed to renew a canceled bond in accordance with Section 5 of this Act or failed to supply the financial affidavit required in lieu thereof; or
(13) Misrepresented that he is representing an attorney or is appear ing or will appear in any legal proceeding; issued, delivered, or uttered any simulation of process of any nature which might lead a person or persons to believe that such simulation, whether written, printed, or typed, may be a summons, warrant, writ, or other court process or pleading in any court proceeding; or
(14) Failed to demonstrate the qualifications or standards for licen sure or registration contained in this Act or in the rules and regulations of the board; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for licensure or registration and, if the board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or registra tion.

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(b) If, after notice and hearing, the joint secretary finds that any ap plicant for licensure or any prospective registrant is unqualified to be granted such license or to be registered, or that the license or registration should be revoked or otherwise sanctioned, the joint secretary may take any one or more of the following actions:
(1) Deny the application for licensure or registration;
(2) Administer a public or private reprimand;
(3) Suspend any license or registration for a definite period of time;
(4) Limit or restrict any license or registration for a definite period of time;
(5) Revoke a license or registration;
(6) Revoke or suspend a license or registration, but place such license or registration on probation for a definite period of time, and impose such conditions of probation as will adequately protect the public during said period.
In its discretion, the board may restore or reinstate a license or registration which has been sanctioned and, in conjunction therewith, may impose any disciplinary or corrective action provided for in this Act.
(c) Petitions for initial judicial review of a final decision of the board may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner.
Section 12. Permits to carry firearms; fees; training; exemptions; denials; sanctions, (a) The joint secretary may grant to any person li censed or registered in accordance with the provisions of this Act, who meets with the qualifications and training requirements set forth in this section and such other qualifications and training requirements as the board by rule may establish, a permit to carry a pistol, revolver, or other firearm. The board, subject to the approval of the joint secretary, shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit shall be made on forms provided by the joint secretary. The permit fee shall be established by appropriate rule of the board. Renewal fees, late renewal fees, and reinstatement fees, and form of payment thereof, shall be established by appropriate rule of the board, subject to the approval of the joint secretary. Applications for renewal shall be made on a form furnished by the joint secretary. No weapons permit issued under this section shall be transferable to another individual.
(b) No permit under this section shall be issued or renewed until the applicant has presented proof to the board that he is proficient in the use of firearms. The board, subject to the approval of the joint secretary, shall have the authority to require periodic recertification of proficiency in the use of firearms and to refuse to renew a permit upon failure to comply with such requirement. The applicant shall present proof to the joint secretary:

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(1) That he has received a minimum of four hours' classroom instruc tion on firearms; and
(2) That he has passed the standard pistol course which sets out minimum scores, courses of fire, and other types and caliber of weapons approved by the board.
(c) All licensees and registrants under this Act shall be required to ob tain from the joint secretary a weapons permit under the provisions of this section, if a firearm is carried, or is to be carried, by such licensee or registrant while at or on route directly to and from his post or place of employment.
(d) Any licensee or registrant under this Act meeting the qualifica tions and training requirements set out in this section may be issued an exposed weapons permit in accordance with this section and shall be authorized to carry such firearm in an open and fully exposed manner. Such carrying of a firearm shall be limited to the time the licensee or registrant is on duty or on route directly to and from his post or place of employment. No stopover on route to and from such post or place of employment is permitted under the terms of this section.
(e) Licensees or registrants under this Act may apply to the joint secretary for a concealed weapons permit. Application and renewal pro cedure, fees, penalties, qualifications, training, and restrictions for such permits shall be those established by appropriate rule of the board. The joint secretary shall consider and approve each application for a conceal ed weapons permit on an individual basis, in its discretion.
(f) An individual issued a permit in accordance with the provisions of this section shall be exempt from the following provisions of Georgia law: Ga. Code Section 26-2901, relating to carrying a concealed weapon; Ga. Code Section 26-2902, relating to carrying deadly weapons at public gatherings; Ga. Code Section 26-2903, relating to carrying a pistol without a license; Ga. Code Section 26-2904, relating to license to carry pistol or revolver.
(g) The joint secretary shall have the power to deny a weapons per mit to any applicant who fails to provide the information and supporting documentation required by this section or to refuse to renew a permit upon failure to comply with such weapons proficiency recertification re quirements as the board may prescribe.
(h) The joint secretary shall have the authority to order the summary suspension of any weapons permit issued under this section, pending proceedings for revocation or other sanction, upon finding that the public health, safety, or welfare imperatively requires that such emergency action and incorporating such a finding in its order.
(i) The joint secretary shall have the same power and authority to deny and sanction weapons permits under this section as that enumerated in Section 11 of this Act, based upon the same grounds as those enumerated therein.

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Section 13. Arrest powers. Licensees or registrants under this Act shall have the same power of arrest as that granted to a private person by Ga. Code Section 27-211. A licensee or registrant may arrest an offender for a misdemeanor or a felony offense committed in his presence or within his immediate knowledge if the licensee or registrant has prob able cause to believe a misdemeanor or a felony offense has been com mitted. If the offense is a felony, and the offender is escaping or attemp ting to escape, a licensee or registrant under this Act may arrest such of fender upon probable cause.
Section 14. Exceptions, (a) This Act shall not apply to:
(1) An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the employee or officer is engaged in the performance of official duties;
(2) A person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act;
(3) An attorney at law or a bona fide legal assistant in performing his or her duties;
(4) Admitted insurers, agents, and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them;
(5) A peace officer employed on a full-time basis by a state, county, or local law enforcement agency who contract directly with an employer to work during his off-duty hours and whose off-duty employment is con ducted on an independent contractor basis with an employer other than a peace officer engaged in the private detective or private security or a private detective or private security agency, subject to the provisions of Code Section 26-2303, relating to state officers or employees receiving funds for enforcement of penal laws, as now or hereafter amended; or
(6) A firm or its employees engaged in the business of independent insurance claims adjusting, whose employees hold a valid Georgia ad juster's license.
(b) The provisions of this Act shall not prevent the local authorities of any city or county, by ordinance and within the exercise of the police power of such city or county, from imposing local regulations upon any street patrol special officer, or person furnishing street patrol service, in cluding registration with an agency to be designated by such city or coun ty.
Section 15. Application of Act. No individual, firm, association, company, partnership, or corporation shall engage in any activity covered by the provisions of this Act unless such individual, firm, association, company, partnership, or corporation is in compliance with the provisions of this Act.

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Section 16. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged in valid or unconstitutional.
Section 17. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.
Section 18. Repealer. All laws and parts of law in conflict with this Act are hereby repealed.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 298 offered by the Senate Committee on Judiciary by striking the period (.) in Section 14 at the end of line 34 of Page 27 and inserting in lieu thereof the following:

By adding in Section 14, immediately below line 34 of Page 27, a new paragraph (7) of subsection (a) to read as follows:
"(7) The provisions of this Act shall not apply to any peace officer or retired peace officer as defined in Section 2 of the 'Georgia Peace Officer Standards and Training Act,' approved March 10, 1970 (Ga. Laws 1970, p. 208), as now or hereafter amended."
On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.
On the adoption of the substitute, the yeas were 39, nays 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:

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Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean

Eldridge Engrain Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Holloway Howard Hudgins Hudson Kidd

Lester McKenzie Reynolds Robinson Scott Starr Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Wessels

Those voting in the negative were Senators:

Brantley English Gillis Horton

Kennedy Land McGill

Those not voting were Senators:

Ballard Bryant

Littlefield

Stephens Thompson Walker
Timmons

On the passage of the bill, the yeas were 42, nays 10.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Coleman of the 1st introduced the doctor of the day, Dr. James Metts, Jr., of Savannah, Georgia.
The following general bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 342. By Senators Evans of the 37th and Hudson of the 35th: A bill to amend an Act providing that all government buildings, public buildings, and facilities newly constructed or substantially renovated shall be accessible to and useable by handicapped, elderly, and disabled persons, as amended, so as to change the definitions to reflect specific standards.

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Senator Evans of the 37th moved that SB 342 be postponed until Monday, March 9.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 342 was postponed until Monday, March 9.

SR 63. By Senators Wessels of the 2nd, Bryant of the 3rd, Kennedy of the 4th and others:
A resolution creating the Georgia Semiquincentenary 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Howard Hudgins Hudson Kennedy Kidd

Land Lester McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Walker Wessels

Those not voting were Senators:

Hill Holloway Horton

Littlefield McGill Starr

Timmons Tysinger

On the adoption of the resolution, the yeas were 48, nays 8.

The resolution, having received the requisite constitutional majority, was adopted.

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The following bill of the House was taken up for the purpose of considering the House disagreement to the Senate substitute thereto:

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, so as to change who is required to make certain reports.

Senator Howard of the 42nd moved that the Senate insist upon the Senate substitute to HB 143.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 143.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 221. By Representatives Hays of the 1st, Wood of the 9th, Pinkston of the 100th and others:
A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to define "handicapped person''.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Transportation offered the following substitute to HB 221:

A BILL
To be entitled an Act to amend subchapter B, known as the Handi capped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as'to provide for definitions; to provide for institutional permits for handicapped parking; to provide an alternative method of displaying the permit; to provide for the use of disabled veterans and disabled persons license plates in lieu of handicap ped parking permits; to eliminate fees for handicapped parking permits and provide for the issuance of permits without charge; to change the penalty for certain violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of

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motor vehicles, is hereby amended by striking paragraph (2) of Code Sec tion 68A-1021 in its entirety and inserting in lieu thereof new paragraphs (2) and (2.1) to read as follows:
"(2) 'Handicapped person' means a person who by reason of ill ness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility.
(2.1| 'Institution' means an institution for which a permit or condi tional permit may be issued under Code Section 88-1901, as now or hereafter amended.''
Section 2. Said subchapter is further amended by striking Code Sec tion 68A-1022 in its entirety and inserting in lieu thereof a new Code Sec tion 68A-1022 to read as follows:
"68A-1022. Permits, (a] The department shall issue handicapped parking permits at every place where it issues drivers' licenses. Per mits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals and the name of the individual shall appear on the permit. The in dividual to whom a permit is issued may use such permit for any vehi cle he is operating or in which he is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport handicapped individuals. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle operated by the institution which is used primarily to transport handicapped individuals.
(b) The department shall issue a temporary permit, which shall be predominantly red in color, to any temporarily handicapped person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily handicapped person and stating a date until which such person is likely to remain handicapped. The tem porary permit shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termina tion of the handicapped, such date not to be more than 180 days after the date issued.
(c) The department shall issue a permanent permit, which shall be predominantly blue in color, to any person who is obviously per manently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently handicapped person. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of handicapped in dividuals upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of said vehicles. The permanent permit shall show prom inently on its face an expiration date four years from the date issued.

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(d) An individual to whom a specially designated disabled veterans license plate has been issued pursuant to an Act providing for the issuance of automobile license tags to disabled veterans, ap proved February 27, 1956 (Ga. Laws 1956, p. 336), as amended, and an individual to whom a specially designated disabled persons license plate has been issued pursuant to the Act known as the 'Disabled Per sons License Plates Act,' approved April 13, 1973 (Ga. Laws 1973, p. 576), as amended, shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a handicapped parking place without the necessity of obtaining a handi capped parking permit pursuant to this subchapter."
Section 3. Said subchapter is further amended by striking Code Sec tion 68A-1023 in its entirety and substituting in lieu thereof a new Code Section 68A-1023 to read as follows:
"68A-1023. No charge for permits. The department shall not charge or collect any fee for issuing handicapped parking permits as provided in this subchapter."
Section 4. Said subchapter is further amended by striking Code Sec tion 68A-1024 in its entirety and inserting in lieu thereof a new Code Sec tion 68A-1024 to read as follows:
"68A-1024. Penalties, (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard of the vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for the disabled as authorized under subsection (d) of Code Section 68A-1022 of this subchapter.
(b) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place.
(c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit.
(d) It shall be unlawful for any person or institution other than the one to whom a handicapped parking permit or specially designated license plate for the disabled is issued to make use of a handicapped parking permit or specially designated license plate for the disabled. It shall be unlawful for any person to use a handicapped parking permit for an institutional vehicle other than the one for which the permit has been issued.
(e) No person shall park a vehicle so as to block any en trance/egress ramp used by the handicapped on public or private property.
(f) State and local authorities shall honor visitor's out-of-state handicapped license tags and similar special parking permits on the same basis as handicapped license tags and special parking permits issued within Georgia pursuant to this Act.

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(g| (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor and upon conviction shall be punish ed as for a misdemeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this Code Section shall be subject to a fine of not less than $5.00 nor more than $40.00."
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 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd

Land Lester McKenzie Reynolds Robinson Scott Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Horton Littlefield

McGill Starr

Stephens Turner

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 by substitute.

The following general bill of the Senate, having been read the third time on February 25 and tabled, removed from the Table on March 3 and postponed until March 4, was put upon its passage:

SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit the discrimination in the employment of the handicapped; to provide for legislative intent; to provide a short title; to provide for definitions; to permit certain jobrelated conduct and prohibit other such conduct; to prohibit discrimina tion and retaliation.

Senator Hudson of the 35th offered the following amendment:

Amend SB 102 by adding on Page 2, line 33 after the words "mental impairment" the words "as defined in 66-102a paragraph (d)".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

Senator Hudson of the 35th moved that SB 102 be placed on the Table.

On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 102 was placed on the Table.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 391. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance of ordered military duty.

The report of the committee, which was favorable to the 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Lester McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Brantley

Those not voting were Senators:

English Evans

Greene Hudson

Littlefield McGill

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:
HR 206. By Representatives Scott of the 123rd, Phillips of the 125th, Ginsberg of the 122nd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the income of all members of his family residing within the homestead, does not exceed

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$10,000.00; to provide for all matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the following paragraph:
"Each resident of Chatham County who is 62 years of age or over and who does not have an annual income from all sources, including the income from all sources of all members of his family residing within the homestead, exceeding $ 10,000 is hereby granted an exemp tion, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in the amount of $12,000 of the assessed value of his homestead. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Chatham County Tax Commissioner on a form provided by the tax commis sioner for that purpose which shall state the owner's age, the amount of income he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for the same period, and such other additional in formation as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall apply to those proper ties to which the legal title is vested in one or more title holders, if ac tually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemp tion shall also apply to those homesteads to which the title is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifica tions provided for herein. The exemption provided for by this paragraph shall apply to all taxable years beginning after December 31, 1978.",
in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"Each resident of Chatham County who is 62 years of age or over is hereby granted an exemption from ad valorem taxation for educa tional purposes levied for or in behalf of the Board of Public Educa tion for the City of Savannah and the County of Chatham in the amount of $ 12,000.00 of the assessed value of his homestead if his net income, including the net income of the members of his family residing within the homestead, as net income is defined by Georgia law, does not exceed $10,000.00. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Chatham County Tax Commissioner on a form provided by the tax commissioner for that purpose which shall state the owner's age, the amount of income he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for the same period, and such other additional in formation as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall apply to those proper-

WEDNESDAY, MARCH 4, 1981

1633

ties to which the legal title is vested in one or more title holders, if ac tually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemp tion shall also apply to those homesteads to which the title is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifica tions provided for herein. The exemption provided for by this paragraph shall apply to all taxable years beginning after December 31, 1982."

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 [ ] NO

Shall the Constitution be amended so as to exempt from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in the amount of $ 12,000.00 of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the net income from all sources of all members of his family residing within the homestead, as net income is defined by Georgia law, does not exceed $ 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 proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On 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 Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal

Eldridg_e English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis

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JOURNAL OF THE SENATE

Greene
Hill Holloway Horton Howard Hudgins
Kennedy Kidd Land

Lester
McKenzie Reynolds Robinson Scott Starr
Stephens Stumbaugh Summers

Button
Tate Thompson Timmons Trulock Turner
Tysinger Walker Wessels

Those not voting were Senators:

Dean Evans

Hudson Littlefield

McGill

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HR 210. By Representatives Phillips of the 125th, Scott of the 123rd, Triplett of the 128th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of subsection (b) the following new paragraph:
"Any other provision of this Constitution to the contrary not withstanding, the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum."
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.

WEDNESDAY, MARCH 4, 1981

1635

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean Evans

Hudson Littlefield

McGil

On the adoption of the resolution, the yeas were 51, nays 0.

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JOURNAL OF THE SENATE

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M., and the motion prevailed.

At 4:20 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, MARCH 5, 1981

1637

Senate Chamber, Atlanta, Georgia Thursday, March 5, 1981

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th 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 273. By Representative Connell of the 87th:
A bill to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, so as to clarify the conditions for the receipt of pension benefits on account of disability.

HB 790. By Representatives Chambless of the 131st, McCollum of the 134th and Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the limit of ad valorem taxes.

HB 889. By Representative Jessup of the 117th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Bleckley County, so as to change the jurisdiction of the court.

HB 894. By Representatives Lord of the 105th and Karrh of the 106th: A bill to create and establish a Small Claims Court of Johnson County.

HB 909. By Representatives Perry and Veazey of the 146th: A bill to create and establish a Small Claims Court of Berrien County.

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JOURNAL OF THE SENATE

HB 912. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a Board of Commissioners for Troup County, so as to increase the compensation of said commissioners.

HB 915. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Chattooga County tax com missioner, so as to change the compensation of the tax commissioner.

HB 917. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to change certain courthouse hours, to provide for budgeting and auditing and the methods and procedures connected therewith.

HB 918. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing the Small Claims Court of Jones County.

HB 919. By Representatives Johnson and Thomas of the 66th: A bill to create the Mclntosh Reserve Historical Authority.

HB 921. By Representatives Robinson of the 58th, Childs of the 51st, Williams of the 48th and others:
A bill to amend an Act creating a new charter and a municipal govern ment for the City of Stone Mountain, so as to change the jurisdiction of the police court.

HB 925. By Representative Balkcom of the 140th:
A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to change the method of electing the members of the board of education of Miller County.

HB 929. By Representative Dobbs of the 74th:
A bill to amend an Act creating a Board of Commissioners of Newton County, so as to change the expense and mileage allowances of the chair man and members of the board of commissioners.

HB 932. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Dade County clerk of superior court on an annual salary, so as to change the amount of the compensation of the deputy clerk of superior court and the manner of fixing said salary.

THURSDAY, MARCH 5, 1981

1639

HB 933. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Dade County probate judge on an an nual salary, so as to change the amount of and the manner of fixing the compensation of the deputies and clerks of the Dade County probate judge.

HB 947. By Representatives Ware of the 68th, Shepard of the 67th, Fortune and Mostilerofthe71st:
A bill to create and establish a Small Claims Court of Coweta County.

HB 948. By Representatives Ware of the 68th, Shepard of the 67th, Fortune and Mostiler of the 71st:
A bill to repeal "An Act to create and establish a small claims court in certain counties of this State".

HB 949. By Representatives Chambless of the 131st, McCollum of the 134th and Hutchinson of the 133rd:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the Sheriff, Judge of the Probate Court, and Clerk of the Superior Court of Dougherty County.

HB 950. By Representatives Chambless of the 131st, McCollum of the 134th and Hutchinson of the 133rd:
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 costs and fees of said court.

HB 951. By Representatives Hutchinson of the 133rd, McCollum of the 134th and Chambless of the 131st:
A bill to amend an Act providing a new charter for the City of Albany, so as to establish the corporate limits of the City of Albany.

HB 952. By Representatives Smith and Moore of the 152nd:
A bill to amend an Act creating and establishing the Small Claims Court of Bacon County, so as to provide for the creation of said court for the Ci ty of Alma as well as for Bacon County.

HB 257. By Representatives Pinkston of the 100th, Davis of the 99th, Culpepper of the 98th and others:
A bill to add one additional judge of the superior court for the Macon Judicial Circuit of Georgia.

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JOURNAL OF THE SENATE

HB 486. By Representative Parham of the 109th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacies, and drugs, so as to provide for a definition; to provide for exemptions for clinic pharmacies.

HB 651. By Representatives Ware of the 68th, Bargeron of the 83rd, Auten of the 154th and Wood of the 9th:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to create the Georgia Life and Health Insurance Guaranty Association; to provide for a short title.

HB 325. By Representatives Mullinax of the 69th, Ware of the 68th, Williams of the 6th and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to change the provisions relative to income benefits for total disability.

HB 926. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change the compensation of the chairman and members of the board of commissioners.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others:
A bill to provide a new Code Title 34C, "Electric Membership Corpora tions".

The House has agreed to the Senate amendments to the following bill of the House:

HB 416. By Representatives Logan of the 62nd, Reaves of the 147th, Ross of the 76th and others:
A bill to amend Code Title 32, relative to education, so as to change the name of the education loan program from the "Georgia Educational Loan Program" to the "Georgia Higher Education Loan Program".

The House has adopted by the requisite constitutional majority the following resolutions of the House:

THURSDAY, MARCH 5, 1981

1641

HR 302. By Representatives Buck of the 95th, Smyre of the 92nd, Cason of the 96th and others:
A resolution authorizing the conveyance of certain State-owned property located in the City of Columbus, Muscogee County, Georgia.

HR 161. By Representatives Rainey of the 135th, Peters of the 2nd and Hays of the 1st:
A resolution recognizing the outstanding services of the Veterans of Foreign Wars.

The following bills of the Senate were introduced, read the first time and refer red to committees:

SB 439. By Senator Reynolds of the 48th:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", as amended, so as to prohibit the operation of certain trailers on the public roads of this State; to redefine the term "combina tion of vehicles".
Referred to Committee on Transportation.

SB 440. By Senator Stephens of the 36th:
A bill to amend Code Chapter 39-11, relating to advertisement of judicial sales, as amended, so as to restrict the mailing or distribution of informa tion relating to legal notices, impending cases, or docket information. Referred to Committee on Special Judiciary.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 257. By Representatives Pinkston of the 100th, Davis of the 99th, Culpepper of the 98th and others:
A bill to add one additional judge of the superior court for the Macon Judicial Circuit of Georgia.
Referred to Committee on Judiciary.

HB 325. By Representatives Mullinax of the 69th, Ware of the 68th, Williams of the 6th and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to change the provisions relative to income benefits for total disability. Referred to Committee on Industry, Labor and Tourism.

1642

JOURNAL OF THE SENATE

HB 486. By Representative Parham of the 109th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacies and drugs, so as to provide for a definition; to provide for exemptions for clinic pharmacies. Referred to Committee on Human Resources..

HB 651. By Representatives Ware of the 68th, Bargeron of the 83rd, Auten of the 154th and Wood of the 9th:
A bill to amend Code Title 56, known as the Georgia Insurance Code, so as to create the Georgia Life and Health Insurance Guaranty Association; to provide for a short title.
Referred to Committee on Banking, Finance and Insurance.

HB 273. By Representative Connell of the 87th:
A bill to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, so as to clarify the conditions for the receipt of pension benefits on account of disability. Referred to Committee on County and Urban Affairs.

HB 790. By Representatives Chambless of the 131st, McCollum of the 134th and Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the limit of ad valorem taxes. Referred to Committee on County and Urban Affairs.

HB 889. By Representative Jessup of the 117th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Bleckley County, so as to change the jurisdiction of the court. Referred to Committee on County and Urban Affairs.

HB 894. By Representatives Lord of the 105th and Karrh of the 106th: A bill to create and establish a Small Claims Court of Johnson County.
Referred to Committee on County and Urban Affairs.

HB 909. By Representatives Perry and Veazey of the 146th: A bill to create and establish a Small Claims Court of Berrien County.
Referred to Committee on County and Urban Affairs.

HB 912. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a Board of Commissioners for Troup County, so as to increase the compensation of said commissioners. Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 5, 1981

1643

HB 915. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Chattooga County tax com missioner, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 917. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to change certain courthouse hours, to provide for budgeting and auditing and the methods and procedures connected therewith.
Referred to Committee on County and Urban Affairs.

HB 918. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing the Small Claims Court of Jones County. Referred to Committee on County and Urban Affairs.

HB 919. By Representatives Johnson and Thomas of the 66th:
A bill to create the Mclntosh Reserve Historical Authority. Referred to Committee on County and Urban Affairs.

HB 921. By Representatives Robinson of the 58th, Childs of the 51st, Williams of the 48th and others:
A bill to amend an Act creating a new charter and a municipal govern ment for the City of Stone Mountain, so as to change the jurisdiction of the police court.
Referred to Committee on County and Urban Affairs.

HB 925. By Representative Balkcom of the 140th:
A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to change the method of electing the members of the board of education of Miller County. Referred to Committee on County and Urban Affairs.

HB 926. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change the compensation of the chairman and members of the board of commissioners. Referred to Committee on County and Urban Affairs.

1644

JOURNAL OF THE SENATE

HB 929. By Representative Dobbs of the 74th:
A bill to amend an Act creating a Board of Commissioners of Newton County, so as to change the expense and mileage allowances of the chair man and members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 932. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Dade County clerk of superior court on an annual salary, so as to change the amount of the compensation of the deputy clerk of superior court and the manner of fixing said salary. Referred to Committee on County and Urban Affairs.

HB 933. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the Dade County probate judge on an an nual salary, so as to change the amount of and the manner of fixing the compensation of the deputies and clerks of the Dade County probate judge.
Referred to Committee on County and Urban Affairs.

HB 947. By Representatives Ware of the 68th, Shepard of the 67th, Fortune and Mostilerof the 71st:
A bill to create and establish a Small Claims Court of Coweta County. Referred to Committee on County and Urban Affairs.

HB 949. By Representatives Chambless of the 131st, McCollum of the 134th and Hutchinson of the 133rd:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Dougherty County.
Referred to Committee on County and Urban Affairs.

HB 950. By Representatives Chambless of the 131st, McCollum of the 134th and Hutchinson of the 133rd:
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 costs and fees of said court.
Referred to Committee on County and Urban Affairs.

HB 951. By Representatives Hutchinson of the 133rd, McCollum of the 134th and Chambless of the 131st:
A bill to amend an Act providing a new charter for the City of Albany, so as to establish the corporate limits of the City of Albany. Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 5, 1981

1645

HB 952. By Representatives Smith and Moore of the 152nd:
A bill to amend an Act creating and establishing a Small Claims Court of Bacon County, so as to provide for the creation of said court for the City of Alma as well as for Bacon County. Referred to Committee on County and Urban Affairs.

HB 948. By Representatives Ware of the 68th, Shepard of the 67th, Fortune and Mostiler of the 71st:
A bill to repeal an Act entitled "An Act to create and establish a small claims court in certain counties of this State". Referred to Committee on County and Urban Affairs.

HR 161. By Representatives Rainey of the 135th, Peters of the 2nd and Hays of the 1st:
A resolution recognizing the outstanding services of the Veterans of Foreign Wars. Referred to Committee on Defense and Veterans Affairs.

HR 302. By Representatives Buck of the 95th, Smyre of the 92nd, Cason of the 96th and others:
A resolution authorizing the conveyance of certain State-owned property located in the City of Columbus, Muscogee County, Georgia.

Senator Hudgins of the 15th moved that HR 302 be engrossed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HR 302 was engrossed.

Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Agriculture has had under consideration the following resolutions and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 128. Do pass.

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JOURNAL OF THE SENATE

SR 134. HB 184. HB 521.

Do pass. Do pass. Do pass.

Mr. President:

Respectfully submitted, Senator McGill of the 24th District, Chairman

Your Committee on Appropriations 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 89. Do pass. SB 90. Do pass.

Mr. President:

Respectfully submitted, Senator Broun of the 46th District, Chairman

Your Committee on Banking, Finance and Insurance has had under considera tion the following resolution and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 110. HB 80. HB 299. HB 314. HB 397. HB 420. HB 421. HB 422. HB 423. HB 428. HB 488.

Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

THURSDAY, MARCH 5, 1981

1647

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 312. SB 388. HB 87.

Do pass by substitute. Do pass by substitute. Do pass by substitute.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 424. SB 425. SB 427. SB 428. SB 430. SB 431. SB 436. SB 437. SB 438. HB 229. HB 808. HB 810. HB 827. HB 859. HB 860. HB 861. HB 862.

Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass.

1648

JOURNAL OF THE SENATE

HB 863. HB 864. HB 865. HB 866. HB 867. HB 868. HB 869. HR 148. HR 232.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

Your Committee on Education 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 253. HB 153. HB 211. HB 738.

Do pass. Do pass. Do pass by substitute. Do pass.

Mr. President:

Respectfully submitted, Senator Foster of the 50th District, Chairman

Your Committee on Governmental Operations 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 422. SB 429. SB 432.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

THURSDAY, MARCH 5, 1981

1649

Mr. President:

Your Committee on Higher Education has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 502. Do pass.

Respectfully submitted, Senator Fincher of the 54th 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 317. Do pass by substitute.

Mr. President:

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

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 411. SB 412. SB 413. SB 426. HB 483. HB 662. HB 719. HR 111.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Dopass.

Respectfully submitted, Senator Barnes of the 33rd District, Chairman

1650 Mr. President:

JOURNAL OF THE SENATE

Your Committee on Natural Resources and Environmental Quality 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 400. Do pass. HB 396. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bill and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 219. SR 125. SR 136.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Mr. President:

Your Committee on Public Safety 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 127. Do pass.

Respectfully submitted, Senator Timmons of the llth District, Chairman

THURSDAY, MARCH 5, 1981

1651

Mr. President:

Your Committee on Public Utilities 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 120. Do pass. SR 121. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:
Your Committee on Public Utilities 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 129. Do pass as amended.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:
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 following recommendation:
SR 53. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

1652

JOURNAL OF THE SENATE

Mr. President:

Your Committee on Special Judiciary has had under consideration the follow ing bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 392. SB 408. SB 416. SB 418. SR 133.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Wessels of the 2nd District, Chairman

Mr. President:

Your Committee on Transportation has 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 135. Do pass. HB 362. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the sec ond time:
SB 7. By Senator Wessels of the 2nd: A bill to amend an Act known as the "Georgia Records Act," as amend ed, so as to change the provisions regarding the development and adop tion of record management programs and retention schedules by courts in this state.

THURSDAY, MARCH 5, 1981

1653

SB 88. By Senators Holloway of the 12th and Allgood of the 22nd:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowances of certain officials; to provide for matters relative thereto; to provide an effective date.

SB 134. By Senator Kidd of the 25th:
A bill to amend Code Chapter 32-1, relating to the board of regents and the university system, as amended, so as to repeal a specific Code section relating to allocation of funds by the board of regents.

SB 180. By Senator Sutton of the 9th:
A bill to provide standards and requirements relative to actuarial valua tions of public retirement or pension systems created by law.

SB 297. By Senators Allgood of the 22nd and Brannon of the 51 st:
A bill to amend Code Section 88-108, relating to the duties, functions, and powers of the Department of Human Resources, as amended, so as to add a provision to clearly authorize the renting of certain facilities such as housing or other units fit for occupancy.

SB 371. By Senators Stephens of the 36th, Hudson of the 35th, Engram of the 34th and others:
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, as amended, so as to add a new Section 4-109.1 to said charter; to create the position of Senior Judge of the Municipal Court of the City of Atlanta.

SB 380. By Senator Hudgins of the 15th:
A bill to amend Code Section 57-111, relating to the rate of interest on commercial accounts, so as to change the rate of interest on commercial accounts.

SB 381. By Senator Wessels of the 2nd:
A bill to amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, as amended, so as to make the provisions thereof conform to the definition of "bank holding company" as found in paragraph (3) of subsection (a) of Code Section 13-207.

SB 382. By Senator Lester of the 23rd:
A bill to repeal Code Section 56-3005, relating to optional policy provi sions in accident and sickness policies.

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JOURNAL OF THE SENATE

SB 396. By Senators Sutton of the 9th, Land of the 16th, Tysinger of the 41st and others:
A bill to amend Code Section 40-406, relating to the form and content of the budget report, as amended, so as to provide that the budget report shall include schedules of assets and liabilities of state supported retire ment and pension systems.

SB 399. By Senators Hudson of the 35th, Stephens of the 36th, Fincher of the 52nd and others:
A bill to provide for client transportation plans and implementation for the delivery of services and for state resources in order to concentrate ef forts to encourage a system of coordinated transportation; to provide for an effective date.

SB 407. By Senator Kidd of the 25th:
A bill to provide for training classes in all areas of county taxation to be attended by certain newly elected local tax officials; to provide for the costs of such classes.

SB 409. By Senator Lester of the 23rd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to change the date on which the provisions of the Act become effective; to provide an effective date for this Act.

SB 410. By Senators Bond of the 39th and Tate of the 38th:
A bill to provide that it shall be unlawful for any person to teach or demonstrate to any other person the use, application, or fabrication of any firearm, any explosive or incendiary device, or any technique capable of causing injury or death under certain conditions; to provide for definitions; to provide for penalties; to provide for other matters relative to the foregoing.

SB 417. By Senator Greene of the 26th:
A bill to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain per sonnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located.

SB 419. 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 provide for the quorum of the board.

THURSDAY, MARCH 5, 1981

1655

SB 420. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-34, relating to registration of spinalcord disabled, so as to change the provisions relating to registration pro cedures; to change the provisions relating to the duties of the Depart ment of Human Resources; to provide an effective date.

SB 421. By Senator Kidd of the 25th:
A bill to amend an Act creating the board of commissioners of Wilkinson County, as amended, so as to provide for a monthly expense allowance for members of the board.

SB 423. By Senator Bryant of the 3rd:
A bill to amend an Act to provide for the appointment and terms of office of members of the Liberty County Industrial Authority so as to define the term "project" to include undertakings for hotel and motel facilities.

SR 95. By Senators Bond of the 39th, Evans of the 37th, Hudson of the 35th and others:
A resolution reaffirming the commitment of the General Assembly to the mission and program of the Morehouse School of Medicine.

SR 112. By Senators Sutton of the 9th, Land of the 16th, Tysinger of the 41st and others:
A resolution creating the Joint Task Force on Pension Issues.

SR 122. By Senators Foster of the 50th, Allgood of the 22nd, Evans of the 37th and others:
A resolution creating the State Capitol Preservation Commission.

SR 126. By Senators Robinson of the 27th, Barker of the 18th, Garner of the 30th and others:
A resolution creating the Senate Overview Committee.

HB 15. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977'', so as to change certain provisions on time limitation on claims.

HB 123. By Representatives Lord of the 105th, Cox of the 141st, Mann of the 13th and others:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to provide requirements for active practice, continuing education, and recertification for emergency medical technicians, cardiac technicians and advanced emergency medical technicians.

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JOURNAL OF THE SENATE

HB 217. By Representative Daugherty of the 33rd:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the unemployment trust fund by the Secretary of the Treasury of the United States.

HB 227. By Representatives Kemp of the 139th, Tuten of the 153rd, Watson of the 114th and others:
A bill to amend an Act to provide for interest on unliquidated damages under certain circumstances, so as to change the rate of interest.

HB 247. By Representatives Jones of the 78th, Chamberlain of the 73rd, and Ham of the 80th:
A bill to provide for a law clerk in certain judicial circuits of this state; to provide for definitions; to provide for the law clerk's duties and compen sation.

HB 249. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to benefits for spouses.
HB 254. By Representatives Fortune and Mostiler of the 71st:
A bill to amend Code Section 84-512, relating to revocation of and refusal to grant licenses to practice chiropractic, so as to include as grounds for such revocation or refusal certain conduct relating to advertising.

HB 323. By Representatives Kilgore of the 65th, Murphy of the 18th, Burruss of the 21st and others:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, so as to provide for a second judge for such circuit.

HB 372. By Representatives Isakson of the 20th, Johnson of the 66th, Foster of the 6th and others:
A bill to amend an Act providing for the transfer of functions, personnel, and equipment of the State Building Administrative Board to the State Department of Community Affairs, so as to clarify the authority of coun ty and municipal governments to adopt and enforce codes other than the state codes.

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1657

HB 378. By Representatives Adams of the 36th, Richardson of the 52nd and Bolster of the 30th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act", so as to change the definitions of "residential housing" and "mortgage".

HB 413. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act known as the Municipal Home Rule Act of 1965, so as to provide for extending retirement and other benefits to members of the municipal governing authority.

HB 415. By Representatives Beck of the 148th, Veazey of the 146th, Mullinax of the 69th and Ramsey of the 3rd:
A bill to amend Code Chapter 24-27, relating to superior court clerks, so as to authorize an alternative means of filling vacancies whereby the chief deputy clerk shall serve for the remainder of the unexpired term; to authorize the appointment of chief deputy clerks in certain counties.

HB 425. By Representatives Cason of the 96th, Harrison and Isakson of the 20th and Watson of the 114th:
A bill to amend Code Chapter 84-3, relating to architects, so as to change the provisions relating to the exemption of certain persons from register ing as architects.

HB 527. By Representatives Hasty, Anderson and Harris of the 8th:
A bill to change the terms of court of the Superior Court of Cherokee County in the Blue Ridge Judicial Circuit.

HB 545. By Representatives Harris of the 8th, Snow of the 1st, Walker of the 115th and others:
A bill to create downtown development authorities in and for each municipal corporation of the State.

HB 562. By Representative Russell of the 64th:
A bill to amend an Act recreating and establishing a board of commis sioners of Barrow County, so as to change provisions relating to the ex pense allowance of members of said board of commissioners.

HB 576. By Representatives Robinson of the 58th, McDonald of the 12th, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Cogeneration Act", to as to provide for the compliance with federal law by the Georgia Public Ser vice Commission.

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JOURNAL OF THE SENATE

HB 656. By Representative McDonald of the 12th:
A bill to amend Code Chapter 84-3, relating to architects, so as to provide for the enforcement of the provisions of said Code chapter; to prohibit the construction of certain buildings until compliance with this Code chapter.

HB 746. By Representatives Mostiler of the 71st, Castleberry of the lllth, Williams of the 6th and others:
A bill to amend Code Chapter 114-9, relating to the Subsequent Injury Trust Fund in conjunction with workers' compensation, so as to provide that the employer or the insurer keep the Administrator of the Subse quent Injury Trust Fund informed as to any proposed settlement agree ment between the employee and the employer of the insurer.

HB 791. By Representative Evans of the 84th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the provisions relating to the jurisdiction of the fines im posed by the recorder's court.

HB 794. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to increase the maximum court costs which may be charged for the county law library fund in Coffee County.

HB 809. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Tattnall County into the office of tax commissioner of Tattnall County, so as to change the compensation of the tax commissioner.

HB 820. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Lamar County and providing for an annual salary, so as to change the compensation of the judge of the probate court.

HB 828. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating a new charter for the City of Hartwell, so as to prohibit the mayor or councilmen from running for certain city of fices without resigning from the office held; to change certain prohibi tions relating to officers or employees of the city running for office.

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1659

HB 829. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the coroner.

HB 830. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Hart County upon an annual salary, so as to change the compen sation of said clerk.

HB 831. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, so as to change the compensation and meeting dates, times and places of the board of finance.

HB 835. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the probate judge) on a salary system of compensation, so as to change the provisions authorizing the governing authority of Clarke County to increase the base or supplementary salaries of the clerk and ordinary.

HB 836. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Clarke County, so as to change the provisions regarding compensation and ex pense allowances for the chairman and the members of the Board.

HB 837. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to grant to the Athens-Clarke County Industrial Development Authority created by an amendment to the Constitution of Georgia ratified at the general election held November 8, 1960, additional powers to carry out the public purpose for which it was created.

HB 838. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act providing for the combination of the present func tions of the Magistrate's Court of Clarke County, and the Recorder's Court of the City of Athens, so as to change the provisions regarding the salary of the judge of that court.

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JOURNAL OF THE SENATE

HB 839. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County, so as to change the provisions authorizing the governing authority of Clarke County to increase the base and supplementary salaries of the tax commissioner.

HB 840. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the tax commis-

HB 841. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Dublin, so as to reverse the ward numbers for Wards 3 and 4; to change the method of filling vacancies for the office of Mayor or of a council member.
HR 271. By Representatives Cason of the 96th, Buck of the 95th, Galer of the 97th and others: A resolution proposing an amendment to the Constitution so as to pro vide for the valuation of certain homestead property in Muscogee Coun ty for purposes of ad valorem taxation for school and consolidated citycounty government purposes.
The following uncontested, local bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:
SB 404. By Senator McGill of the 24th: A bill to place the tax commissioner of Wilkes County on an annual salary in lieu of the salary plus commission system of compensation; to provide for the compensation of employees within such office; to pro vide for the disposition of all commissions and costs collected by the tax commissioner and all office 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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1661

SB 405. By Senator McGill of the 24th:
A bill to amend an Act granting a new charter to the City of Washington, as amended, so as to change the provisions relating to the imposition and levy of ad valorem taxes by the city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 710. By Representatives Bargeron of the 83rd and Godbee of the 82nd:
A bill to amend an Act providing a salary supplement to be paid from Burke County Funds to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of said salary 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 776. By Representative Evans of the 84th:
A bill to amend an Act incorporating the City of Wrens in Jefferson Coun ty, so as to change the maximum amount of the fine which may be assessed in the police court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 777. By Representatives Wall of the 61st, Martin of the 60th and Phillips of the 59th:
A bill to repeal an Act providing that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in Gwinnett 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 778. By Representatives Johnson and Thomas of the 66th: A bill to create the Carrollton Redevelopment Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 788. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the Downtown Waycross Development Authority; to amplify, expand and declare the purposes and objectives of the Act; to define certain terms.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 792. By Representatives Johnson, Lee, Wood and Benefield of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to extend the cor porate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

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1663

The bill, having received the requisite constitutional majority, was passed.

HB 793. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, so as to substantially revise the provisions relative to the fiscal administration of the office of 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 798. 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; to change the provisions relating to the compensation of the mayor and members of 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 51, naysO.

The bill, having received the requisite constitutional majority, was passed.

HB 799. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County, so as to change the compensation of the Treasurer of Haralson County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 800. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the compensation of the County Com missioner of Haralson County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 801. By Representative Murphy of the 18th:
A bill to amend an Act placing the sheriff and the 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).

The report 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 804. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the Superior Court, and the judge of the Probate Court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 805. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner of Bartow County.

The report 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 806. By Representatives Harris, Hasty and Anderson of the 8th and Ralston of the 7th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner of Bartow County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 818. By Representatives Harris, Hasty and Anderson of the 8,th and Ralston of the 7th:
A bill to amend an Act placing the coroner of Bartow County upcjri an an nual salary, 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.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 647. By Representatives Clark of the 13th, Milford of the 13th and Russell of the 64th:
A bill to amend an Act known as the "Oconee County Public Utility Authority Act", so as to change the provisions relating to the filling of vacancies in the membership of the Authority.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 647:

A BILL
To be entitled an Act to amend an Act known as the "Oconee County Public Utility Authority Act," approved March 18, 1980 (Ga. Laws 1980, p. 3429), so as to change the provisions relating to the filling of vacancies in the membership of the Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Oconee County Public Utility Authority Act," approved March 18, 1980 (Ga. Laws 1980, p. 3429), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Vacancies. In the event of a vacancy in the member ship of the Authority by reason of completion of term, death, cause, resignation, or disability, said vacancy shall be filled in the following manner. A vacancy in Posts 1 and 3 shall be filled by appointment of the Council of Watkinsville of a person nominated by the Authority. Posts 2 and 4 shall be filled by appointment of the Board of Commis sioners of Oconee County of a person nominated by the Authority. In the event the Council of Watkinsville or the Board of Commissioners of Oconee County rejects a nominee of the Authority, the Authority shall submit another nominee, or nominees, to said Council or Board of Commissioners until a successor member is appointed. When the Council or the Board of Commissioners rejects a nominee of the Authority, the reasons for the rejection shall be stated in writing to the Authority. The Authority shall submit a nomination to the respective appointing Authority within six months of the vacancy. Post 5 shall be filled by the remaining members of the Authority."
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 51, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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1667

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon
Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Eldridge English

Engram Fincher of 54th Foster Garner Gillis Greene Hill Horton
Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not answering were Senators:

Coverdell Dean

Evans Fincher of 52nd

Holloway Starr

Senator Hudson of the 35th introduced the chaplain of the day, Reverend Larry Parker, pastor of the United Methodist Church of Hapeville Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 139. By Senator English of the 21st: A resolution commemorating the life and accomplishments of Dr. Herbert R. Frost.
SR 140. By Senator Evans of the 37th: A resolution recognizing the Northside Shepherd's Center.

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JOURNAL OF THE SENATE

SR 142. By Senator Deal of the 49th: A resolution commending the Gainesville Junior College Lakers.

SR 143. By Senators Tate of the 38th and Bond of the 39th: A resolution commending Mr. Robert H. Hamilton.

SR 144. By Senators Tate of the 38th and Ballard of the 45th: A resolution commending Mr. Glenn Newsome.

SR 145. By Senators Tate of the 38th, Foster of the 50th, Allgood of the 22nd and others:
A resolution commending Dr. Roger Sharrock.

SR 146. By Senator Tate of the 38th: A resolution commending Mr. Kyle D. Smith, Jr.

Senator Greene of the 26th moved that the following resolution of the Senate be withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary:

SR 115. By Senator Greene of the 26th: A resolution relative to the office of Attorney General.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 115 was withdrawn from the Committee on Special Judiciary and committed to the Commit tee on Judiciary.

SENATE RULES CALENDAR
Thursday, March 5, 1981
THIRTY-FIRST LEGISLATIVE DAY
HB 126. Resignation of Board of Education Member, County Superin tendent--repeal certain Code section (Ed--50th)
SB 344. Personnel Board and Merit System--change provisions on adverse actions (Gov Op--25th)
HB 251. Stone Mountain Memorial Association--sale of malt beverages, wine (C Aff--36th)
SR 76. Properties Commission--convey to Atlanta property for widening of Mangum Street (Pub U--35th)

THURSDAY, MARCH 5, 1981

1669

HB 554. Litter--ordinances by cities to regulate and control (S Judy--2nd)
SB 306. Criminal Damage to Property in Second Degree--change certain damage limitations (SUBSTITUTE) (Judy-42nd)
HB 53. Breach of Bonds--disposition of recovery (Judy--33rd)
HB 528. Public Service Commission--transfer certain powers, duties from Department of Public Safety (Pub U--48th)
SR 41. United States Congress--states granting variances to environmental regulations (NREQ--23rd)
HB 235. Public Safety Commissioner--security to additional groups (Pub Saf--30th)
HR 56. State-Owned Property Facing Peachtree Street--easement (Pub U--41st)
SR 109. Special Study Commission on Mental Health--create (SUBSTITUTE) (Hum R--42nd)
SB 140. Development Authority Act--per diem paid to members (App--13th)
HB 121. Emergency Management Agency--create (D&VA--51st)
HB 426. Board of Recreation Examiners--continue until 7/1/83 (NREQ--36th)
SB 251. Civil Liability for Firemen--limit certain firemen (SUBSTITUTE) (Pub Saf-llth)
HR 119. State Constitutional Offices--manner of filling vacancies (Gov Op--30th)
HB 496. Corporations Constructing Petroleum Pipelines--not traverse public property (SUBSTITUTE) (Judy-33rd)
HB 306. Rights and Liabilities of Husband and Wife--gifts by married persons (Judy-49th)
HB 405. Election Code--information on application for registration (AMENDMENT) (Gov Op-25th)
SB 383. Removal from Electors List--prohibit except under certain conditions (Gov Op-18th)
HB 525. Child Employment--Commissioner of Labor designate hazardous machines, etc. (IL&Tou--15th)
SR 113. Preserving Prime Farmland--policy of state (Ag--37th)
HB 124. Health Insurance Policy--conversion for insured surviving spouse (BF&I-8th)
SB 401. Recreation Systems--conveying certain property interests (SUBSTITUTE) (Pub U--14th)
SR 93. Study Committee on Suspension and Discipline in Schools--create (AMENDMENT) (Ed-15th)
HB 406. Municipal Election Code--information on application for registration (AMENDMENT) (Gov Op-25th)
HR 64. Bartow County--conveyance of certain State-owned property (Pub U-52nd)

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JOURNAL OF THE SENATE

SR 119. Covenant Agreement Between Properties Commission and Macon County Recreation Commission--construction (SUBSTITUTE] (Pub U-- 14th)
HB 230. District Attorney and Assistant District Attorney--remove limit on meal and lodging expenses (AMENDMENT) (Judy-33rd)
SR 106. Chatham County--conveyance of certain State-owned property (Pub U-2nd)
HB 279. General Assembly Members--session pay to surviving spouse same as widow (Gov Op--25th)
HB 58. Jury Duty--provisions for 65 year old removing name (S Judy--17th)
HB 30. Cornea and Eye Removal--conditions (Hum R--42nd)
SB 309. Certain State Records--maintenance, use and preservation (Gov Op-20th)
HB 167. Construction Industry Licensing Board--define "conditioned air contracting" (SUBSTITUTE) (IL&Tou-15th)

Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 126. By Representatives Mostiler of the 71st and Williams of the 6th:
A bill to repeal in its entirety Code Section 32-906 which provides that when a member of a board of education or a county superintendent of schools resigns, he shall tender his resignation in writing to the State Superintendent of Schools.
Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb

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1671

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis

Greene Holloway Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill Reynolds

Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Bond Fincher of 52nd Hill

Horton McKenzie Robinson

Sutton Trulock Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House disagreement to the Senate amendments thereto:
HB 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others: A bill to provide a new Code Title 34C, "Electric Membership Corpora tions".
Senator Wessels of the 2nd moved that the Senate insist upon the Senate amendments to HB 136.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 136.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 344. 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 change the provisions relating to adverse actions.

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JOURNAL OF THE SENATE

Senator Kidd of the 25th moved that SB 344 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 344 was committed to the Committee on Governmental Operations.

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 745. By Representatives Phillips of the 120th, Murphy of the 18th, Lambert of the 112th and others:
A bill to create the Georgia Hazardous Waste Management Authority.

HB 634. By Representatives Johnson of the 66th, Townsend of the 24th, Oliver of the 121st and others:
A bill to amend the "Housing Authorities Law", so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit appointment of tenants as com missioners.

The following general bill of the House, having been read the third time on February 24 and committed to the Committee on Consumer Affairs, and favorably reported by the committee, was put upon its passage:

HB 251. By Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21st and others:
A bill to amend an Act known as the "Stone Mountain Memorial Associa tion Act", so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine, and distilled spirits at the facilities of the association located within Stone Mountain Park by the package and for consumption on the premises.
Senate Sponsor: Senator Stephens of the 36th.

Senator Scott of the 43rd offered the following amendment: Amend HB 251 by adding a new Section 2 to read as follows: "This Act shall stand repealed on July 1, 1982."

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1673

and by renumbering Sections 2 and 3 as Sections 3 and 4.

On the adoption of the amendment, the yeas were 26, nays 15, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Bowen Brantley Broun of 46th Bryant Coleman Coverdell Eldridge

Evans Greene Hill Holloway Howard Hudgins Kidd Land

Robinson Scott Stephens Sutton Tate Timmons Turner Wessels

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Brannon Brown of 47th Cobb Deal Dean

English Engram Fincher of 54th Foster Garner Gillis Horton Hudson Kennedy Lester

Littlefield McGill Reynolds Starr Stumbaugh Summers Thompson Trulock Tysinger Walker

Not voting were Senators Fincher of 52nd and McKenzie.

On the passage of the bill, the yeas were 24, nays 30.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Stephens of the 36th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 251.

1674

JOURNAL OF THE SENATE

Senator Kidd of the 25th introduced the doctor of the day, Dr. George Green, of Sparta, Georgia.

The following general resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 76. By Senators Hudson of the 35th, Stephens of the 36th and Engram of the 34th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey to the City of Atlanta, Georgia real property necessary for the widening by the City of Atlanta of Mangum Street; to provide an effective date.

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Evans Foster Garner Gillis Greene Hill Holloway Hudson Kennedy Kidd Land Lester Littlefield

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Fincher of 52nd Fincher of 54th

Horton Howard Hudgins

McKenzie Thompson Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

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1675

The resolution, having received the requisite constitutional majority, was adopted.

HB 554. By Representative Phillips of the 125th:
A bill to amend an Act known as the "Litter Control Law", so as to repeal the provision on intent; to provide for the adoption of ordinances by municipalities to regulate and control litter.
Senate Sponser: Senator Wessels of the 2nd.

Senator Evans of the 37th offered the following amendment:
Amend HB 554 by adding after the first semicolon on line 5 the following:
"to change the definition of the word 'litter';".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 3 the following:
'The word "litter" also includes political signs nailed into or otherwise attached to living trees.' "

On the adoption of the amendment, the yeas were 15, nays 14, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Broun of 46th Brown of 47th Cobb

Coleman Dean Eldridge Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill

Holloway Horton Howard Hudgins Hudson Kidd Lester Littlefield McGill McKenzie Reynolds

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JOURNAL OF THE SENATE

Robinson Scott Starr Stephens

Stumbaugh Summers Tate Thompson

Those voting in the negative were Senators:

Bryant English

Kennedy

Those not voting were Senators:

Bowen Coverdell Deal

Fincher of 52nd Land

On the passage of the bill, the yeas were 45, nays 4.

Timmons Turner Tysinger Wessels
Walker
Sutton Trulock

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 306. By Senator Howard of the 42nd: A bill to amend Code Section 26-1502, relating to criminal damage to property in the second degree, so as to change certain damage limita tions.
The Senate Committee on Judiciary offered the following substitute to SB 306:
A BILL
To be entitled an Act to amend Code Section 26-1502, relating to criminal damage to property in the second degree, and Code Section 26-1503, relating to criminal trespass, as amended, so as to change cer tain damage limitations; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-1502, relating to criminal damage to property in the second degree, is hereby amended by striking from paragraph (a) thereof the following:
"$100",
and inserting in lieu thereof the following: "$500",

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1677

so that when so amended said Code section shall read as follows:
"26-1502. Criminal Damage to Property in the Second Degree. A person commits criminal damage to property in the second degree when he (a) intentionally damages any property of another person without his consent and the damage thereto exceeds $500; or (b) recklessly, or intentionally, by means of fire or explosive, damages property of another person; or (c) with intent to damage, starts a fire on the land of another without his consent. A person convicted of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years."
Section 2. Code Section 26-1503, relating to criminal trespass, as amended, is hereby amended by striking from subsection (a) the follow ing:
"$100",
and inserting in lieu thereof the following:
"$500",
so that when so amended said subsection (a) shall read as follows:
"(a) A person commits criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $500 or less, or knowingly and maliciously interferes with the possession or use of the property of another person without his consent."
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 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 Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal

Dean Eldridge English Engram Evans Foster Garner

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JOURNAL OF THE SENATE

Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd

Lester Littlefield McGill McKenzie Reynolds Scott Starr Stumbaugh

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Coverdell Fincher of 52nd Fincher of 54th

Holloway (presiding) Land Robinson

Stephens Summers Sutton

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 53. By Representative Dixon of the 151st:
A bill to amend Code Section 76-102, relating to suit for breach of bonds for good behavior, so as to change certain provisions relating to disposi tion of recovery.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Cobb Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th

Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy

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1679

Kidd Lester Littlefield McGill McKenzie Reynolds

Scott Stephens Stumbaugh Sutton Tate Thompson

Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coleman Fincher of 52nd

Holloway (presidingl Land Robinson

On the passage of the bill, the yeas were 48, nays 0.

Starr Summers

The bill, having received the requisite constitutional majority, was passed.

HB 528. By Representative Watson of the 114th:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, so as to transfer certain functions, powers, duties, and authority from the Department of Public Safety to the Georgia Public Service Commission; to repeal a cer tain section of the "Executive Reorganization Act of 1972".
Senate Sponsors: Senators Reynolds of the 48th and Brown of the 47th.

Senator Greene of the 26th offered the following amendment:
Amend HB 528 by adding on line 7 of Page 1, after the word and symbols "1972';", the following:
"to amend Code Section 93-50la, relating to hearing officers in utility proceedings as said Code section is provided in Act No. 19 of the regular 1981 session, approved March 2, 1981, so as to chSnge the provisions relating to the functions, powers, duties, and authority to cross-examination of witnesses;".
By adding between lines 18 and 19 of Page 2 a new Section 3 to read as follows:
"Section 3. Code Section 93-501a, relating to hearing officers in utility proceedings as said Code section is provided in Act No. 19 of the regular 1981 session, approved March 2, 1981, is hereby amended by striking subsection (c) which reads as follows:
'(c) The hearing officer or Commission shall permit only the Com missioners, the hearing officer, or the party's attorneys of record to examine or cross-examine witnesses, except with the consent of the witness.',

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JOURNAL OF THE SENATE

in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The hearing officer or Commission shall permit only the Com missioners; the hearing officer; the parties; or the attorneys of record of said Commissioners, hearing officers, or parties to examine or cross-examine witnesses, except with the consent of the witness.' "
By renumbering Sections 3 and 4 as Sections 4 and 5 in consecutive order.
On the adoption of the amendment, the yeas were 36, nays 2, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Deal Dean Eldridge English

Engram Evans Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Cobb Coverdell Fincher of 52nd

Fincher of 54th Holloway (presiding)

Hudgins Tate

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, MARCH 5, 1981

1681

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SR 41. By Senators Lester of the 23rd and Allgood of the 22nd:
A resolution urging the Congress of the United States to permit authorities of the various states of the Union greater latitude in the mat ter of granting variances to environmental regulations where actions are needed to conserve scarce energy resources.

Senators Lester of the 23rd and Allgood of the 22nd offered the following amendment:
Amend SR41 by striking from lines 17 and 18 the words: "General Assembly of Georgia''
and substituting in lieu thereof: "Senate of Georgia".

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the 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 Barnes Bell Bond Bowen Brannon Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Fincher of 52nd

Holloway (presiding) Littlefield

Robinson Tate

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 235. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the Department of Public Safety, so as to authorize the commissioner of public safety to provide security to addi tional individuals or groups designated by the Board of Public Safety.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Walker Wessels

Those not voting were Senators:

Bond Fincher of 52nd

Holloway (presiding] Tate

Tysinger

THURSDAY, MARCH 5, 1981

1683

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 56. By Representative Greer of the 43rd:
A resolution authorizing the State of Georgia acting by and through the State Properties Commission to grant an easement in and to, and with respect to certain acts and transactions involving, certain State of Georgia-owned real property facing Peachtree Street, in the City of Atlanta, Fulton County, Georgia.
Senate Sponsor: Senator Tysinger of the 41st.

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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Broun of 46th Fincher of 52nd

Garner Holloway (presiding) Hudgins

Stumbaugh Summers Tate

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

Senator English of the 21st introduced Dr. H. R. Frost, who was commended in SR 139 adopted previously today.

The following general resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 109. By Senators Howard of the 42nd and Evans of the 37th: A resolution creating the Special Study Commission on Mental Health.

The Senate Committee on Human Resources offered the following substitute to SR 109:

A RESOLUTION
Creating the Special Study Commission on Mental Health; and for other purposes.
WHEREAS, the mental health system of Georgia has been the sub ject of examination by the Senate Human Resources Committee, the House Health and Ecology Committee, and a subcommittee of the Senate Special Judiciary Committee during 1980; and
WHEREAS, all who have studied the mental health system have heard of numerous certain alleged deficiencies and instances of patient abuse; and
WHEREAS, the mental health system of this state is in dire need of further examination.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created the Special Study Commission on Mental Health to be composed of ten members as follows:
(1) Three members of the Senate to be appointed by the President of the Senate;
(2) Three members of the House of Representatives to be ap pointed by the Speaker; and
(3) Four citizens from the public at large who shall be appointed by the Governor.
The chairman shall be elected by the legislative members of the commis sion at the commission's first meeting. The Commissioner of the Depart ment of Human Resources shall serve as an ex officio member of the commission. The commission shall meet upon the call of the chairman.
BE IT FURTHER RESOLVED that the Department of Human Resources is authorized to furnish such assistance to the commission as the commission deems appropriate. State officials and employees

THURSDAY, MARCH 5, 1981

1685

assisting the commission shall receive no compensation for their ser vices, but they shall be reimbursed for expenses incurred by them in the performance of such duties in assisting the commission. The funds necessary for the reimbursement of the officials and employees shall come from funds appropriated or otherwise available to the Department.
BE IT FURTHER RESOLVED that the commission is authorized to study and review the existing mental health care delivery system and the means by which service delivery can be improved, patient rights can be protected, and management of the system can be enhanced. The com mission is further authorized to prepare legislation necessary to improve the delivery system and to study budget proposals necessary to improve the existing health delivery system. The commission is further authoriz ed to conduct field hearings at such places and at such times as it con siders expedient to insure the effective and efficient delivery of quality mental health care to the citizens of Georgia and to do all other things consistent with this resolution which are necessary or convenient to enable it to exercise fully and adequately its powers, perform its duties, and accomplish its objectives. The chairman of the commission is further authorized to create subcommittees to investigate particular problem areas. Each legislative member and each citizen shall receive for his ser vice on the commission the expenses and allowances authorized by law for members of interim legislative committees, but no member of the commission shall receive the same for more than 15 days. Funds necessary to carry out the provisions of this resolution, except as other wise herein provided, shall come from funds appropriated or otherwise available to the legislative branch of government. The commission shall make a report of its findings and recommendations to the General Assembly on or before December 15, 1981, at which time the commis sion shall stand abolished.

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 resolu tion 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 Bowen Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton

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JOURNAL OF THE SENATE

Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh

Those not voting were Senators:

Brannon Fincher of 52nd

Holloway (presiding) Tate

Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels
Trulock

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Howard of the 42nd moved that SR 109 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 109 was immediately transmitted to the House.
SB 140. By Senators Bowen of the 13th, Gillis of the 20th, McKenzie of the 14th and others: A bill to amend the "Georgia Development Authority Act", as amended, so as to change provisions relative to the per diem paid to 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 54th

THURSDAY, MARCH 5, 1981

1687

Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy

Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Stephens Summers Tate Thompson Timmons Trulock Turner Tysinger Wessels

Those voting in the negative were Senators:

Bell Land

Stumbaugh

Sutton

Those not voting were Senators:

Fincher of 52nd Holloway (presiding)

Hudson

Walker

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Sutton of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 140.

HB 121. By Representatives Wood of the 9th, Hays of the 1st, Padgett of the 86th and others:
A bill to create a State Emergency Management Agency.
Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond

Bowen Brannon Broun of 46th Brown of 47th Cobb

Coleman Deal Dean Eldridge Engram

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JOURNAL OF THE SENATE

Evans Fincher of 54th Foster Garner Hill Horton Howard Hudgins Hudson Kennedy

Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr

Those voting in the negative were Senators:

Barker Brantley Bryant Coverdell

English Gillis Greene

Stephens Summers Tate Thompson Timmons Trulock Turner Tysinger Wessels
Stumbaugh Sutton Walker

Not voting were Senators Fincher of 52nd and Holloway (presiding).

On the passage of the bill, the yeas were 44, nays 10.

The bill, having received the requisite constitutional majority, was passed.

HB 426. 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, 1983.
Senate Sponsor: Senator Stephens of the 36th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Ballard Barker Barnes Bell
Bond Bowen Brannon

Brantley
Broun of 46th Brown of 47th Bryant Cobb
Coleman Coverdell Deal

Dean
Eldridge English Engram Evans
Fincher of 54th Foster Garner

Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land

THURSDAY, MARCH 5, 1981

1689

Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Summers

Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Stumbaugh and Trulock.

Those not voting were Senators:

Fincher of 52nd Greene

Holloway (presiding)

Starr

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, announced that the Senate would stand in recess from 12:25 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following bills of the House were read the first time and referred to com mittees:
HB 634. By Representatives Johnson of the 66th, Townsend of the 24th, Oliver of the 121st and Hamilton of the 31st:
A bill to amend the "Housing Authorities Law", so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit appointment of tenants as com missioners. Referred to Committee on County and Urban Affairs.-Gen.
HB 745. By Representatives Phillips of the 120th, Murphy of the 18th, Lambert of the 112th and others: A bill to create the Georgia Hazardous Waste Management Authority.
Referred to Committee on Natural Resources and Environmental Quality.

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JOURNAL OF THE SENATE

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 251. By Senators Timmons of the llth, Bowen of the 13th and Cobb of the 28th:
A bill to amend Code Section 3-1004.1, relating to civil liability for firemen, so as to limit the liability of certain firemen.

The Senate Committee on Public Safety offered the following substitute to SB 251:
A BILL
To be entitled an Act to amend Code Chapter 3-10, relating to limita tions of actions for torts, so as to change certain designations; to limit the liability of firemen to certain types of conduct; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 3-10, relating to limitations of actions for torts, is hereby amended by striking in its entirety Code Section 3-1004.1, which reads as follows:
"3-1004.1. Firemen, civil liability, (a) The officers, members, agents, or employees of any fire department established by any coun ty, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance.
(b) As used in this section, 'fire department' shall include volunteer fire departments established pursuant to local Act, or dinance, or resolution and any fire department established as a department, bureau or agency of a municipality, county, fire district, or authority of this state.",
and substituting in lieu thereof the following:
"3.1004.2. Firemen, civil liability, (a) The officers, members, agents, or employees of any fire department established by any coun ty, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for gross negligence, willful and wanton misconduct, or malfeasance.
(b) As used in this Code section, 'fire department' shall include volunteer fire departments established pursuant to local Act, or dinance, or resolution and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state."

THURSDAY, MARCH 5, 1981

1691

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bell Bowen Brantley Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudson Kennedy Kidd Lester

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Wessels

Those not voting were Senators:

Ballard Barker Bond Brannon Broun of 46th Cobb

Fincher of 52nd Hill Hudgins Land Littlefield

Robinson Timmons Turner Tysinger Walker

On the passage of the bill, the yeas were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

HR 119. By Representatives Murphy of the 18th and Thomas of the 66th: Senate Sponsor: Senator Garner of the 30th.

RESOLUTION

Proposing an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices of the state; to provide for submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Section III of Article V of the Constitution is hereby amended by adding a new Paragraph VII to read as follows:

"VII. Vacancies. A vacancy in the office of Secretary of State, At torney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor shall be fill ed by appointment of the Governor until the first day of January after the next general election which is held more than 30 days after the vacancy occurs. If a portion of the original term remains unexpired after that first day of January, a successor for the unexpired term shall be elected at that general election."

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 [ ] NO

Shall the Constitution be amended so as to provide the manner of filling vacancies in certain elected constitutional offices of the state?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against rati fying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 5, 1981

1693

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land

Lester McGill McKenzie Reynolds
Scott
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Walker Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Ballard Broun of 46th Cobb Fincher of 52nd

Hill Littlefield Robinson

Timmons Turner Tysinger

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.
HB 496. By Representative Colwell of the 4th:
A bill to amend an Act providing that corporations, constructing, run ning, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, so as to strike certain provisions relating to the right of such corporations to traverse public property.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 496:

A BILL
To be entitled an Act to amend an Act providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent do-

1694

JOURNAL OF THE SENATE

main, approved February 26, 1943 (Ga. Laws 1943, p. 1662), so as to change certain provisions relating to the right of such corporations to traverse public property; 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 providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, approved February 26, 1943 (Ga. Laws 1943, p. 1662), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same and declared as in the public interest that corporations engaged in con structing running or operating pipe lines in this State as common car riers in interstate or intrastate commerce for the transportation of petroleum and petroleum products shall have the right of eminent do main, and that property, which, by the exercise of such right, shall be condemned, shall be deemed to have been condemned for public pur poses. It is, therefore, declared as in the public interest that corpora tions engaged in constructing, running or operating pipe lines in this State for the transportation of said products shall have the right to traverse with pipe lines any property owned by any subdivision of the State, including, without limiting the generality of the foregoing, any property owned by municipalities, counties, or other subdivisions of the State, but not including agencies, departments, boards, bureaus, commissions, or authorities of the State."
Section 2. Said Act is further amended by striking Section 2 in its en tirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Be it further enacted that such rights shall be exercised only to the extent necessary for such purposes. Such streets, roads, highways, streams, water courses or channels, including but without limiting the generality of the foregoing, streets, roads, highways, streams, water courses or channels owned by or under the jurisdic tion of municipalities or other subdivisions of the State, and including county roads, streets, highways, streams, water courses and channels, may be traversed for such purposes; provided that in traversing any State highway the same shall be done under reasonable regulations promulgated by the Department of Transportation, and in traversing a county road or municipal street the same shall be done under reasonable regulations promulgated by the governing authority hav ing jurisdiction over such road or street; and provided further that in traversing any other public property the same shall be done under such reasonable regulations as shall be promulgated by the authority having jurisdiction over such other public property.''
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, MARCH 5, 1981

1695

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean

Eldridge English Evans Fincherof 54th Foster Gillis Horton Howard Hudgins Hudson Kennedy Kidd Land Lester McGill

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Tysinger Walker Wessels

Those voting in the negative were Senators:

Engram

Greene

Hill

Garner

Those not voting were Senators:

Bowen Cobb Fincher of 52nd

Holloway Littlefield Robinson

On the passage of the bill, the yeas were 44, nays 4.

Timmons Turner

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 306. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to provide for gifts by married persons.
Senate Sponsor: Senator Deal of the 49th.

1696

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester

Voting in the negative was Senator Sutton.

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Trulock Tysinger Walker Wessels

Those not voting were Senators:

Barnes Cobb Fincher of 52nd

Holloway Hudgins Littlefield

Timmons Turner

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 405. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others: A bill to amend Code Title 34, known as the Georgia Election Code, so as to provide for information to be furnished on applications for registra tion. Senate Sponsor: Senator Kidd of the 25th.

THURSDAY, MARCH 5, 1981

1697

The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 405 by striking from Section 2 on Page 2, line 20, the words "means a", and inserting in lieu thereof the following:
"may be made by exhibiting a valid''.

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher of 52nd

Robinson

Timmons

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

1698

JOURNAL OF THE SENATE

Senator Hudson of the 35th moved that the following bill of the Senate be taken from the Table:

SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others:
A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to pro vide a short title; to provide for definitions; to permit certain job-related conduct and prohibit other such conduct; to prohibit discrimination and retaliation.

On the motion, the yeas were 30, nays 11; the motion prevailed, and SB 102 was taken from the Table and placed at the foot of the Rules Calendar.

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 383. By Senator Barker of the 18th:
A bill to amend Code Section 34A-515, relating to the purging of electors lists, so as to provide that no elector shall be removed from the electors list for failure to vote in the immediately preceding years except 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard

Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh

THURSDAY, MARCH 5, 1981

1699

Summers Sutton Tate

Thompson Turner Tysinger

Those not voting were Senators:

Bowen Fincher of 52nd

Holloway Robinson

Walker Wessels
Timmons Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 525. By Representatives Williams of the 6th, Mullinax of the 69th, Wood of the 72nd and Mostiler of the 71st:
A bill to amend an Act providing for regulating the employment of children, to clarify the minimum age of employable minors; so as to allow the Commissioner of Labor to designate hazardous machines, proc esses, and industries by regulations.
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 Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English
Engram

Evans
Fincher of 54th Foster Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill
McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Trulock Turner Walker Wessels

1700

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Brannon Bryant
Coverdell

Fincher of 52nd Garner Holloway

On the passage of the bill, the yeas were 46, nays 0.

Sutton Timmons Tysinger

The bill, having received the requisite constitutional majority, was passed.

SR 113. By Senators Evans of the 37th, English of the 21st, Walker of the 19th and others:
A resolution declaring the policy of this state to preseve prime farmland and mandating the observance of this policy by all units of state govern ment.

Senator Evans of the 37th offered the following amendment:
Amend SR 113 by adding after line 9 on Page 2 the following:
"BE IT FURTHER RESOLVED that the provisions of this resolu tion requiring written reports to the General Assembly shall apply to State agencies, departments, boards and other units of government until January 1, 1985, at which time such requirement shall cease.''

Senator English of the 21st moved that SR 113 be committed to the Committee on Agriculture.

On the motion, the yeas were 26, nays 7; the motion prevailed, and SR 113 was committed to the Committee on Agriculture.

HB 124. 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 surviving spouses or former spouses.
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:

THURSDAY, MARCH 5, 1981

1701

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bryant Fincher of 52nd

Holloway Hudson

On the passage of the bill, the yeas were 51, nays 0.

Timmons

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 136. By Representatives Lambert of the 112th, Vaughn of the 57th, Ham of the 80th and others:
A bill to provide a new Code Title 34C, "Electric Membership Corpora tions".

The Speaker has appointed on the part of the House the following members thereof:
Representatives Darden of the 19th, Ham of the 80th and Lambert of the 112th.

1702

JOURNAL OF THE SENATE

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 401. By Senator McKenzie of the 14th:
A bill to amend an Act empowering cities, towns, and counties, separate ly or jointly, to provide, maintain, and conduct supervised recreation systems, as amended, so as to authorize the governing authority of any recreation system to take all necessary or appropriate actions, including conveying certain property interests and entering into certain contracts.

The Senate Committee on Public Utilities offered the following substitute to SB 401:

A BILL
To be entitled an Act to amend an Act empowering cities, towns, and counties, separately or jointly, to provide, maintain, and conduct super vised recreation systems, approved February 1, 1946 (Ga. Laws 1946, p. 152], as amended, so as to empower the governing authority of any recreation system to take all necessary or appropriate actions, including conveying certain property interests and entering into certain contracts, to permit the renovation, reconstruction, and operation for the purpose of producing hydroelectric power for ultimate sale to the public, of ex isting dam sites located on property which is owned by the governing authority, including land that has been dedicated to a public use for recreational or park purposes, without regard to whether such public use has been previously abandoned; to provide that any such conveyances and other contracts, including those extending over a period of years, shall be binding upon such governing authority and its successors; to pro vide that any revenue derived by the governing authority from such con veyances and other contracts shall be used only for recreational pur poses; to provide for applicability; 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 empowering cities, towns, and counties, separately or jointly, to provide, maintain, and conduct supervised recreation systems, approved February 1, 1946 (Ga. Laws 1946, p. 152), as amended, is hereby amended by adding a new Section 1 IB at the end thereof to read as follows:
"Section 11B. (a) The governing authority of any recreation system shall be empowered to take all necessary or appropriate ac tions to permit the renovation, reconstruction, and operation for the purpose of producing hydroelectric power for ultimate sale to the public, of existing dam sites located on property which is owned by the governing authority, including land that has been dedicated for public recreational or park use, without regard to whether such public use has been previously abandoned.

THURSDAY, MARCH 5, 1981

1703

(b) The term 'governing authority' of any recreation system, as used in this section, shall mean the governing body of a city, town, or county, a recreation board, or such other authority, board, or commis sion in which is vested the power to provide, establish, conduct, and maintain a supervised recreation system and facilities.
(c) Without limiting the foregoing, the governing authority of any recreation system shall have the power, for the purposes specified above, to grant or convey, and to grant an option to obtain, a leasehold interest, a fee simple title or other property interest in any such dam site and in such immediately adjacent land as may be necessary to ac commodate facilities for the generation of hydroelectirc power, together with all easements, rights of way and rights to flood adjacent lands as may be necessary or appropriate, to electric utilities or other entities organized for the purpose of generating or distributing elec tricity for public use.
(d) The governing authority of any recreationg system also shall have the power, for the purposes specified above, to enter into any contracts necessary or appropriate to determine the feasibility of renovating an existing dam for the generation of hydroelectric power; to enter into any contracts with electric utilities or other entities organized for the purpose of generating or distributing electricity for public use which are necessary or appropriate for the construction, use, operation, and maintenance of a hydroelectric facility at an ex isting dam site located on property owned by the governing authority; and to take all actions necessary or appropriate to obtain, and to transfer its rights under, any governmental license or other approval or exemption required or desired for a hydroelectric project.
(e| All conveyances and other contracts, including those extending over a period of years, which are entered into by the governing authority of any recreation system for the purposes specified above shall be binding upon such governing authority and its successors.
(f) Any net revenue derived by the governing authority of the recreation system from such conveyances and other contracts shall be used only for recreational purposes.
(g| The foregoing provisions of this section shall apply to and con trol the activities of a governing authority of any recreation system in connection with the renovation, reconstruction, and operation of any dam site located on property owned by the governing authority notwithstanding any provision to the contrary contained in this Act, approved February 1, 1946 (Ga. Laws 1946, p. 152), as previously amended, or in Section 69-202 of the Georgia Code of 1933 or in other laws; provided, however, that nothing in this section shall be con strued as impairing the obligation of any contract provision, whether by way of reversionary clause or otherwise."
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.

1704

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:

Allgood Ballard Barker Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge Engram

Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Barnes Brantley Bryant

English Fincher of 52nd Hudson

Robinson Summers 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.
SR 93. By Senators Hudgins of the 15th, Littlefield of the 6th, Foster of the 50th and others: A resolution creating the Senate Study Committee on Suspension and Discipline in Schools.

THURSDAY, MARCH 5, 1981

1705

The Senate Committee on Education offered the following amendment:
Amend SR 93 by adding on Page 2, line 21, after the word "com mittees" the following:
"but for no longer than ten days unless an extension is granted by the President".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion 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 Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Coleman Coverdell Deal Dean Eldridge English Engram

Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Voting in the negative was Senator McKenzie.

Those not voting were Senators:

Ballard Brown of 47th Bryant

Cobb Evans Fincher of 52nd

Timmons Trulock

On the adoption of the resolution, the yeas were 47, nays 1.

1706

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 406. By Representatives Bray of the 70th, Holmes of the 39th, Wall of the 61st and others:
A bill to amend Code Title 34A, known as the Georgia Municipal Elec tion Code, so as to provide for information to be furnished on applica tions for registration.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 406 by striking from Section 2 on Page 2, line 18, the words "means a", and inserting in lieu thereof the following:
"may be made by exhibiting a valid".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Turner Tysinger Walker Wessels

THURSDAY, MARCH 5, 1981

1707

Those not voting were Senators:

Ballard Bryant Evans Fincher of 52nd

Garner Hudgins Land

Thompson Timmons Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 64. By Representatives Anderson, Harris and Hasty of the 8th and Ralston of the 7th:
A resolution authorizing the conveyance of certain State-owned real property located in Bartow County, Georgia, to Mr. Joseph Pfund. Senate Sponsor: Senator Fincher of the 52nd.

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 Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Trulock Turner Tysinger Walker Wessels

1708

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Ballard Brantley Bryant

Fincher of 52nd Holloway Hudgins

Land Sutton Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Gillis of the 20th assumed the Chair at the direction of the President.

SR 119. By Senator McKenzie of the 14th:
A resolution to provide for construction of certain covenant agreements made between the State Properties Commission, acting for and on behalf of the State of Georgia, and the Macon County Recreation Commission as authorized by Resolution Act No. 103 passed by the 1976 Regular Ses sion of the General Assembly.

The Senate Committee on Public Utilities offered the following substitute to SR 119:

A RESOLUTION
To provide for construction of certain covenant agreements made between the State Properties Commission, acting for and on behalf of the State of Georgia, and the Macon County Recreation Commission as authorized by Resolution Act No. 103 (House Resolution No. 807-2034) passed by the 1976 Regular Session of the General Assembly of the State of Georgia and approved by the Governor of the State of Georgia on March 5, 1976; and for other purposes.
WHEREAS, the State Properties Commission, acting for and on behalf of the State of Georgia, did convey to the Macon County Recrea tion Commission approximately 504.43 acres (as authorized by the above-mentioned resolution) known as Whitewater Creek State Park; and
WHEREAS, said conveyance contained a covenant which prohibited the use of said property for purposes other than public recreation; and
WHEREAS, said property contains a dam site that appears to be feasible to renovate and operate as a hydroelectric generating facility; and

THURSDAY, MARCH 5, 1981

1709

WHEREAS, Macon County and the Macon County Recreation Com mission desire that the dam site be renovated and operated as a hydroelectric generating facility in that a public purpose could be attain ed through this proposed renovation and operation, providing electric power for many citizens in the state; and
WHEREAS, no state agency or authority has any objection to the pro posed hydroelectric project.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the renovation and operation of the Whitewater Creek dam site as a hydroelectric generating facility will not violate the covenant "... that no part of this premises conveyed shall at any time be used for other than public recreational purposes. . ." in that certain quitclaim deed dated October 15, 1976, conveyed by the State Properties Commission to the Macon County Recreation Commission.

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 resolu tion 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 Barnes Bell Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell
Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Greene Hill Horton Hudson Kennedy Kidd
Lester Littlefield McGill McKenzie

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock
Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Brantley Broun of 46th Bryant

Fincher of 52nd Gillis (presiding) Holloway Howard

Hudgins Land Timmons

1710

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 230. By Representatives Padgett of the 86th and Nicholson of the 88th:
A bill to amend Code Section 24-2905.1, relating to travel expenses of district attorneys and assistant district attorneys, so as to remove the limitation on expenses for meals and lodging. Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 230 by striking on Page 1, line 3, the word "remove" and inserting in lieu thereof the following:
"change";
and
By striking on Page 1, line 16, the figure "$44" and inserting in lieu thereof the following:
"$60.00".

On the adoption of the amendment, the yeas were 4, nays 33, and the amend ment was lost.

Senators Sutton of the 9th and Kidd of the 25th offered the following amend ment:

Amend HB 230 by striking on Page 1, line 3 the word "remove" and inserting in lieu thereof the following:
"change".
By striking lines 11 through 16 of Page 1 and inserting in lieu thereof the following:
'"up to a maximum of $25.00 per day shall be reimbursed.',
and inserting in lieu thereof the following:
'shall be reimbursed in the same per diem amount as is provided by law for members of the General Assembly.',
so that when so amended said paragraph (3) shall read as follows:

THURSDAY, MARCH 5, 1981

1711

'(3) The actual cost of meals and lodging incurred shall be reim bursed in the same per diem amount as is provided by law for members of the General Assembly.'"

On the adoption of the amendment, the yeas were 35, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Foster Garner Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Broun of 46th Bryant

Fincher of 52nd Fincher of 54th Gillis (presiding)

Holloway Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

1712

JOURNAL OF THE SENATE

SR 106. By Senators Wessels of the 2nd and Coleman of the 1st:
A resolution authorizing the conveyance of certain State-owned personal property located within Chatham County, Georgia, to the United States Department of the Army, Corps of Engineers.

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 Bowen Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 54th Foster Garner Gillis Greene Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Hill.

Those not voting were Senators:

Ballard Brannon Brantley

Broun of 46th Bryant Fincher of 52nd

Holloway McKenzie Timmons

On the adoption of the resolution, the yeas were 46, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, MARCH 5, 1981

1713

HB 279. By Representative Galer of the 97th:
A bill to amend Code Section 47-109, relating to disposition of the session pay of members of the General Assembly who die during the session, so as to make provisions for payment to widows applicable to payment to all surviving spouses.
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 Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Littlefield.

Those not voting were Senators:

Ballard Brantley

Bryant Fincher of 52nd

McGill Timmons

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 58. By Representative Johnson of the 66th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, 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.
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 Barker Barnes Bell Bond Bowen Brannon Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans

Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brantley Broun of 46th

Bryant Fincher of 52nd

Holloway Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 5, 1981

1715

HB 30. By Representative Savage of the 25th:
A bill to amend Code Section 88-2010, relating to cornea and eye removal by medical examiners and physicians, so as to correct a reference; to pro vide for conditions of corneal tissue removal; to amend the "Georgia Post Mortem Examination Act".
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 Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brantley

Fincher of 52nd Fincher of 54th

On the passage of the bill, the yeas were 50, nays 0.

Holloway Timmons

The bill, having received the requisite constitutional majority, was passed.

SB 309. By Senators Gillis of the 20th and Fincher of the 54th:
A bill to amend an Act known as the "Georgia Records Act," as amend ed, so as to provide for the maintenance, use, preservation, and destruc tion of certain records; to provide for definitions; to provide for certain duties and responsibilities of certain governing bodies, offices, and of ficers; to provide for the destruction of records.

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JOURNAL OF THE SENATE

Senator Kidd of the 25th offered the following amendment:
Amend SB 309 by striking from Section 1 all of that language begin ning on line 2 of Page 2 and continuing through line 20 of page 3 and inserting in lieu thereof the following:
"Section 11. (a) The provisions of this Act apply to local govern ments, except as modified in this section.
(b) All records created or received in the performance of a public duty or paid for by public funds are deemed to be public property and shall constitute a record of public acts.
(c) As used in this section, the term:
(1) 'Governing body' means the governing body of any county, municipality, consolidated government, or school boards of this state.
(2) 'Office or officer' means any county office or officer or any of fice or officer under jurisdiction of a governing body which maintains or is responsible for records.
(d) Prior to July 1, 1983, each office or officer shall recommend to the governing body a retention schedule. This schedule shall include an inventory of the type of records maintained and the length of time each type of record will be maintained in the office or in a record holding area. These retention periods will be based on the legal, fiscal, administrative, and historical needs for that record. Schedules previously approved by the State Records Committee will remain in effect until changed by the governing body.
(e) Prior to January 1, 1984, each governing body shall approve by resolution or ordinance a records management plan which shall in clude but is not limited to:
(1) The name of the person who will coordinate and perform responsibilities of governing body under this Act.
(2) Each retention schedule approved by governing authority.
(3) Provisions for maintenance and security of the records.
(f) The Secretary of State through the Department of Archives and History shall coordinate all records management matters for purposes of this section. The department will provide local governments a list of common types of records maintained together with recommended retention period and will provide training and assistance as required. The Department of Archives and History will advise local govern ments of records of historical value which may be deposited in the State Archives. All other records will be maintained by the local government.
(g) Except as otherwise provided by law, ordinance, or policy adopted by the office or officer responsible for maintaining such records, all records shall be open to the public or the state or any agency thereof."

THURSDAY, MARCH 5, 1981

1717

Senator Gillis of the 20th offered the following amendment:

Amend the amendment offered by Senator Kidd of the 25th to SB 309 by adding at the end of line 11 of Page 1 after the word "funds" the following:
"by a governing body''.

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

On the adoption of the amendment, offered by Senator Kidd of the 25th, 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Brantley Fincher of 52nd Greene

Holloway Robinson

On the passage of the bill, the yeas were 49, nays 0.

Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels
Timmons Trulock

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
HB 167. By Representatives Isakson of the 20th, Adams of the 36th, Lane of the 40th and others:
A bill to amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, so as to change the definition of a certain term; to change the provisions relating to powers and duties of divisions within the board.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 167:

A BILL
To be entitled an Act to amend an act creating the Construction In dustry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, approved March 31, 1980 (Ga. Laws 1980, p. 1299), so as to change the definition of certain terms; to change the provisions relating to powers and duties of divisions within the board; to change the provisions relating to licensure; to change the provi sions relating to injunctive relief; to provide for local licensing and in spection authorities; to change the provisions relating to exemptions; to change the provisions relating to applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air con tractors, approved March 31, 1980 (Ga. Laws 1980, p. 1299), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Definitions. The following terms shall have the follow ing meanings respectively ascribed to them unless the context clearly requires a different meaning:
(1) 'Board' shall mean the State Construction Industry Licensing Board created by this Act.
(2) 'License' shall mean a valid and current certificate of registra tion issued by a division of the board which shall give the named per son to whom it is issued authority to engage in the activity prescribed thereon.
(3) 'Electrical contracting' shall mean the installation, maintenance, alteration, or repairing of any electrical equipment, ap paratus, control system, or electrical wiring device which is attached to or incorporated into any building or structure in the State of Georgia.

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1719

(4) 'Electrical contracting' shall mean any person who engages in the business of electrical contracting under express or implied con tract or who bids, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term 'electrical contractor' shall not include a person who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical con tracting work.
(5) 'Certificate of competency' shall mean a valid current cer tificate issued by the Division of Electrical Contractors which shall give the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Cer tificates of competency shall be of two kinds: Class I and Class II, ac cording to the classification of license held by the electrical contrac tor.
(6) 'Plumbing' shall mean the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water supply systems within or adjacent to any building, structure, or con veyance; also the practice and materials used in the installation, maintenance, extension, or alteration of the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
(7) 'Master plumber' shall mean any individual engaging in the business of plumbing under express or implied contract or who bids, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied con tract.
(8) 'Journeyman plumber' shall mean any person other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber.
(9) 'Conditioned air contracting' shall mean the installation of con ditioned air systems or conditioned air equipment.
(10) 'Conditioned air contractor' shall mean an individual engaged in conditioned air contracting under express or implied contract or who bids, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. The term 'conditioned air contractor' shall not in clude a person who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work.
(11) 'Conditioned air equipment' shall mean heating and airconditioning equipment covered under state codes.
(12) 'Joint secretary' shall mean the joint secretary, State Examin ing Boards.

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(13) 'Executive director' shall mean the executive director of the State Construction Industry Licensing Board."
Section 2. Said Act is further amended by striking Section 8 in its en tirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Powers and duties of divisions, (a) The Division of Electrical Contractors within the board shall have the following powers and duties with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting. The Division of Master Plumbers and Journeyman Plumbers within the board shall have the following powers and duties with respect to ap plicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers. The Divi sion of Conditioned Air Contractors within the board shall have the following powers and duties with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air con tracting. The said divisions shall:
(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner to test the knowledge, skill, and efficiency of the applicants; and such examina tions shall be based on the applicable state minimum standards codes. Examinations shall be given at regional locations throughout the state.
(2) Prepare examinations within the state at least twice each year and grade such applicants taking the examinations; provided, however, that the Division of Electrical Contractors is hereby authorized and directed to prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes and Class II licenses shall be unrestricted; provided, further, that the Division of Master Plumbers and Journeyman Plumbers is hereby authorized and directed to prepare separate examinations for master plumbers and journeyman plumbers; provided, further, that the Division of Conditioned Air Contractors is hereby authorized and directed to prepare separate ex aminations for Class I and Class II licenses. Class I shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II shall be unrestricted.
(3) Register and license, and issue renewal licenses biennially, to all persons meeting the qualifications for a license. The following licenses shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master Plumber;
(D) Journeyman Plumber;
(E) Conditioned Air Contractor Class I;

THURSDAY, MARCH 5, 1981

1721

and
(F| Conditioned Air Contractor Class II.
(4) Prescribe the exact time of renewal of licenses biennially.
(5) Investigate, with the aid of the executive director, alleged violations of this Act or other laws and rules and regulations of the board relating to the profession.
(6) After notice and hearing, have the power to reprimand or power to suspend, revoke, or cancel the license or certificate of com petency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the follow ing grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this Act or the rules and regulations of the board; or
(B) Failure at any time to comply with the requirements for a license under the provisions of this Act; or
(C) Habitual intemperance in the use of alcoholic spirits, nar cotics, or stimulants to such an extend as to render the licensee unsafe or unfit to practice his profession licensed under this Act; or
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; or
(E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession; or
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provisions of this Act or any rule or regulation of the board; or
(G) The performance of any faulty, inadequate, inefficient, or un safe electrical, plumbing, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or local codes in jurisdic tions where such codes are adopted, provided such local codes are as stringent as the state codes, shall be prima-facie evidence of the faul ty, inadequate, inefficient, or unsafe character of such electrical, plumbing, or conditioned air work. Provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked.
(7) Review amendments to or revisions in the state minimum standard codes as prepared by the State Building Administrative Board or any agency assuming its powers and duties. The State Building Administrative Board or its successor shall be required to

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JOURNAL OF THE SENATE

provide a copy of the amendment to or revision in the state minimum standard code to the executive director at least 45 days prior to the adoption thereof.
(8] Do all other things necessary and proper to exercise its powers and perform its duties in accordance with the provisions of this Act.
(9) The Division of Electrical Contractors may also provide by rules and regulations for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provid ed, however, that such rules and regulations are adopted by the board. The said division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor.
(b) Such divisions within the board shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to the provisions of Section 12A."
Section 3. Said Act is further amended by striking Section 9 in its en tirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. Licensure and prohibited activities, (a) No person shall engage in the electrical contracting business as an electrical contractor unless such person has a valid license from the Division of Electrical Contractors and a certificate of competency, if such certificates are issued by the division pursuant to the provisions of paragraph (9) of Section8.
(b) (1) No person shall engage in the business of plumbing as a master plumber unless such person has a valid license from the Divi sion of Master Plumbers and Journeyman Plumbers.
(2) No person shall engage in the business of plumbing as a journeyman plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers.
(c) No person shall engage in the business of conditioned air con tracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors.
(d) Notwithstanding any other provisions of this Act, any elec trical contractor, master plumber, journeyman plumber, or condition ed air contractor holding a valid license immediately prior to the effec tive date of this Act issued by the Construction Industry Licensing Board shall continue to be licensed in the same capacity without the necessity of passing an examination, provided such person pays or has paid the required fees and is not otherwise in violation of the pro visions of this Act.
(e) (1) Notwithstanding any other provisions of this Act, prior to July 1, 1982, any individual, partnership, or corporation desiring to qualify as an electrical contractor, master plumber, journeyman plumber, or conditioned air contractor shall make application to the

THURSDAY, MARCH 5, 1981

1723

appropriate division to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence to the ap propriate division that such individual, partnership, or corporation has a partner, officer, or regular employee who holds a license issued by the Georgia State Board of Electrical Contractors pursuant to the provisions of an Act known as the 'Georgia Electrical Contractors Act,' approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended, a license issued by the State Board of Examiners of Plumbing Contrac tors pursuant to an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended, or a license issued by the State Board of Warm Air Heating Contractors pursuant to an Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. Laws 1949, p. 1622). Any individual, partnership, or corporation establishing proof of license as provided above shall not be required to take the examination but shall pay to the board an ini tial license fee in lieu of all other fees, including the application fee, as provided in paragraph (3) of this subsection. Any individual who has been issued such license by the state shall be licensed to practice throughout the state, upon furnishing satisfactory evidence of the is suance of such license as hereinabove provided.
(2) (A) Any individual, partnership, or corporation desiring to qualify as an electrical contractor, master plumber, journeyman plumber, or conditioned air contractor in one or more local jurisdic tions shall make application to the appropriate division and furnish satisfactory evidence that such individual, partnership, or corporation has a partner, officer, or regular employee who holds a valid license issued by the local jurisdiction concerned which tested the individual prior to issuing the license or who has successfully and efficiently engaged in said vocation in the local jurisdiction for a period of at least two consecutive years prior to the time of application. To prove that he has successfully and efficiently engaged in said vocation, the in dividual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its sub mission to the division.
(B) An individual, partnership, or corporation qualifying pursuant to this paragraph (2) shall be licensed by the appropriate division to practice its vocation only in the jurisdiction where qualified.
(3) The board shall set such initial fees within the following range:
(A) Electrical contractor--fee not to exceed $50.00;
(B) Master plumber--fee not to exceed $70.00; and
(C) Journeyman plumber--fee not to exceed $25.00; and
(D) Conditioned air contractor--fee not to exceed $50.00.
After the initial licensure period, such licensees shall be required to pay the renewal fees the same as other licensees. The decision of the division as to the necessity of taking the examination or as to the

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JOURNAL OF THE SENATE

qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in said vocation after July 1, 1982, shall take the examination and qualify under this Act before engaging in said vocation or business, including engaging in said vocation at the local level.
(f) No partnership or corporation shall have the right to engage in the business of electrical contracting unless there is regularly con nected with such partnership or corporation a person or persons ac tually engaged in the performance of said business on a full-time basis who have valid licenses issued to them as provided for in this Act.
(g) No partnership or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of said business on a full-time basis who have valid licenses for master plumbers issued to them as provided for in this Act.
(h) No partnership or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of said business on a full-time basis who have valid licenses issued to them as provided for in this Act.
(i) It shall be the duty of all partnerships and corporations qualified under this Act to notify the appropriate division immediate ly of the severance of connection of any person or persons upon whom such qualification rested with such partnership or corporation.
(j) All applicants for examinations and licenses provided for by this Act and all applicants for renewal of licenses under the provisions of this Act shall be required to fill out a form which shall be provided by each division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or in corporated, and such other information as the board or each division may require. All forms of applications for renewal of licenses shall also show whether or not the applicant, if it is a partnership or cor poration, still has connected with it a duly qualified person holding a license issued by the division.
Section 4. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. Injunction to prevent violation. Whenever it shall appear to a division of the board, the executive director or a county or municipal inspection authority that any person is or has been violating any provisions of this Act or any of the lawful rules, regula tions, or orders of the board, the division of the board, the local in spection authority, or the appropriate district attorney or solicitor may file a petition for injunction in the proper superior court of this state

THURSDAY, MARCH 5, 1981

1725

against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided by law."
Section 5. Said Act is further amended by adding between Sections 12 and 13 a new Section 12A to read as follows:
"Section 12A. Any municipal or county inspection authority which meets the standards established by the Construction Industry Licensing Board shall be authorized, after notice and hearing, to sus pend the license or certificate of competency of or refuse to restore a license or certificate of competency to any person or licensee upon the grounds set out in paragraph (6) of subsection (a) of Section 8; provid ed, however, that such suspension of a license by a local inspection authority shall only be applicable within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing."
Section 6. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. Exemptions, (a) The provisions of this Act shall not apply:
(1) To the installation, construction, or maintenance of power systems for the generation and distribution of electric current con structed under the provisions of the National Electrical Safety Code, which regulates the safety requirements of utilities. The interior wir ing regulated by the National Electrical Code would not be exempt and must be done by an electrical contractor.
(2) To the installation, construction, maintenance, or repair of telephone or signal systems by or for public utilities or their corporate affiliates when said work pertains to the services furnished by said public utilities.
(3) To any technician employed by a municipal, or county, franchised CATV system or a municipally owned CATV system in the per formance of work on the system herein referred to.
(b) The provisions of this Act shall not apply to public utility cor porations operating under the supervision of the Georgia Public Ser vice Commission.
(c) The provisions of this Act shall not apply to any individual owner or lessee performing plumbing or related services upon residential property, where owned or leased by him and where he resides.

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JOURNAL OF THE SENATE

(d) The provisions of this Act shall not apply to regular, full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, or conditioned air work, unless the employer is engaged in the practice of plumbing, electrical, or conditioned air con tracting. Such employees are only exempt when working on the premises of that employer.
(e) Any person who holds a license issued to him under the provi sions of this Act may engage in the business of plumbing, electrical contracting, or conditioned air contracting, but only as prescribed by the license, throughout the State of Georgia; and, with the exception of the provisions of Section 14, no municipality or county may require such person to comply with any additional licensing requirements im posed by such municipality or county.
(f) The provisions of this Act in no way prohibit the governing authority of each county or municipality in the state from adopting and enforcing codes at the local level."
Section 7. Said Act is further amended by striking in its entirety subsection (e) of Section 16 and inserting in lieu thereof 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, county owned, or municipally owned or any political subdivision facility from install ing, altering, or repairing plumbing, plumbing fixtures, air- condition ing and heating fixtures, or electrical services when such work is an integral part of the maintenance requirements of the facility; provid ed, 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."
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 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 5, 1981

1727

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bond Bowen Brannon Broun of 46th Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 54th Foster Gillis Greene Hill Holloway Horton Hudgins Hudson Kidd Land

Those voting in the negative were Senators:

Bell Brown of 47th Bryant Dean

Garner Howard Kennedy Littlefield

Lester Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Tysinger
McGill McKenzie Turner Walker

Those not voting were Senators:

Brantley Fincher of 52nd

Timmons

Wessels

On the passage of the bill, the yeas were 40, nays 12.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 167.
The following bill of the Senate, having been taken from the Table previously today, was put upon its passage:
SB 102. By Senators Hudson of the 35th, Kidd of the 25th, Greene of the 26th and others: A bill to amend Code Title 66, relating to master and servant, as amend ed, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to pro vide a short title; to provide for definitions; to permit certain job-related conduct and prohibit other such conduct; to prohibit discrimination and retaliation.

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JOURNAL OF THE SENATE

The following amendment offered by Senator Hudson of the 35th was adopted on March 4:
Amend SB 102 on Page 2, line 33, by inserting after the words "men tal impairment" the following:
"as defined in 66-102a paragraph |d|".

Senator Hudson of the 35th moved that the Senate reconsider the adoption of the amendment offered by Senator Hudson of the 35th.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the amend ment offered by Senator Hudson of the 35th, which was adopted on March 4, was reconsidered.

Senator Hudson of the 35th asked unanimous consent that he withdraw the amendment that was adopted on March 4.

The consent was granted, and the amendment offered by Senator Hudson of the 35th, which was adopted on March 4, was withdrawn.

Senator Hudson of the 35th offered the following amendment:
Amend SB 102 by striking on Page 1, line 23, the figure "66-1" and inserting in lieu thereof the following:
"66-4",
and by striking on Page 2, line 1, the figure "66-1A" and inserting in lieu thereof the following:

and by striking on Page 2, line 3, the figure "lOla" and inserting in lieu thereof the following:

and by striking on Page 2, line 6, the figure "102a" and inserting in lieu thereof the following:
"502",
and by adding on Page 2, line 33, after the word "impairment" the following:
"as defined in section 66-502(d|",

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1729

and by striking on Page 3, line 28, the figure '' 103a" and inserting in lieu thereof the following:
"503",
and by striking on Page 4, line 17, the figure "104a" and inserting in lieu thereof the following:
"504",
and by striking on Page 6, line 8, the figure "105a" and inserting in lieu thereof the following:
"505",
and by striking on Page 6, line 19, the figure "106a" and inserting in lieu thereof the following:
"506".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the 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 Bowen Broun of 46th Brown of 47th Cobb Dean Eldridge Engram Evans Fincher of 54th

Foster Garner Greene Hill Holloway Horton Howard Hudgins Hudson Kidd Lester Littlefield McGill

Those voting in the negative were Senators:

Barnes Bell Brannon Bryant Coleman

Coverdell Deal English Gillis Kennedy

McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Tate Trulock Turner Wessels
Land Thompson Tysinger Walker

1730

JOURNAL OF THE SENATE

Those not voting were Senators:

Brantley

|

Fincher of 52nd

Robinson

Timmons

On the passage of the bill, the yeas were 38, nays 14.
The bill, having received the requisite constitutional majority, was passed as amended.
At 5:00 o'clock P.M., the President announced the Senate adjourned pursuant to the provisions of HR 310, previously adopted, until Monday, March 9, at 10:00 o'clock A.M.

MONDAY, MARCH 9, 1981

1731

Senate Chamber, Atlanta, Georgia Monday, March 9, 1981

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of the proceedings of Thursday, March 5, had been read and found correct.

Senator Howard of the 42nd moved that the Senate reconsider its action of March 5 in passing the following bill of the House:

HB 167. By Representatives Isakson of the 20th, Adams of the 36th, Lane of the 40th and others:
A bill to amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, so as to change the definition of a certain term; to change the provisions relating to powers and duties of divisions within the board.

On the motion, Senator Tysinger of the 41st called for the yeas and nays; the call was not sustained, and a roll call was not taken.

On the motion, the yeas were 20, nays 14; the motion prevailed, and HB 167 was reconsidered and placed at the foot of the Rules Calendar today.

Senator Thompson of the 32nd moved that the Senate reconsider its action of March 5 in defeating the following bill of the House:

HB 251. By Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21st and others:
A bill to amend an Act known as the "Stone Mountain Memorial Associa tion Act", so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine, and distilled spirits at the facilities of the association located within Stone Mountain Park by the package and for consumption on the premises.

On the motion, the yeas were 34, nays 4; the motion prevailed, and HB 251 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.

1732

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 825. By Representatives Jackson of the 77th, Nicholson of the 88th, Padgett of the 86th and others:
A bill to provide for a supplement to the compensation, expenses and allowances of the judges of the Superior Court of the Augusta Judicial Circuit.

HB 916. By Representatives Nicholson of the 88th and Padgett of the 86th:
A bill to amend an Act to provide and fix the compensation of certain of ficials in said counties; to prohibit certain officials from engaging in the private practice of law.

HB 941. By Representatives Ramsey of the 3rd, Foster and Williams of the 6th:
A bill amending, revising, superseding and consolidating the laws per taining to the governing authority of Whitfield County and creating a Board of Commissioners for said county, so as to change the provisions relative to the compensation and expense of the Chairman and members of the Board of Commissioners.

HB 942. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie County; so as to change the compensation provisions relating to the tax commissioner.

HB 954. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system, so as to change the provisions relative to ex penses for the sheriff's office; to provide for budget in such expenses.

HB 955. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the coroner of Fannin County in lieu of the fee system of compensation.

MONDAY, MARCH 9, 1981

1733

HB 958. By Representative Jones of the 78th:
A bill to amend Code Section 91 A-1101, relating to definitions of terms for purposes of determining property which is exempt from taxation, so as to change the provisions relating to leased property which is eligible for a homestead exemption in certain counties.

HB 959. By Representative Coleman of the 118th:
A bill to amend an Act fixing the salary of certain county officers in each county in this state having a population of not less than 15,300 and not more than 15,800 according to the U.S. census of 1970 or any future such census, so as to change the provisions relating to personnel in the office of the sheriff and the judge of the probate court.

HB 960. By Representatives Childs of the 51st, Williams of the 48th, Steinberg of the 46th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to change the provisions relating to assistant solicitors of said court.

HB 961. By Representative Ross of the 76th:
A bill to amend an Act creating the office of tax commissioner of Wilkes County, so as to provide that the Wilkes County tax commissioner shall be entitled to retain fees received as compensation for his services in col lecting ad valorem taxes on motor vehicles and mobile homes.

HB 286. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the definition of "earnable compensation."

HB 730. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to authorize the director of the Office of Planning and Budget to adopt rules and regulations for the establishment and implementation of the Residential Conservation Service.

HB 272. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act," so as to change the qualifications for peace officers.

HB 537. By Representatives Savage of the 25th, Lambert of the 112th, Argo of the 63rd and others:
A bill to amend Code Section 5A-507 relating to the sale of alcoholic beverages on Sundays and election days so as to provide that an election shall be the statewide primary election or general election and any run off held for any such election.

1734

JOURNAL OF THE SENATE

HB 648. By Representatives Pinkston of the 100th, Birdsong of the 103rd and Home of the 104th:
A bill to amend Code Chapter 59-3, relating to powers and duties of grand juries in general, so as to provide the authority and procedure for grand juries to issue reports concerning the operations and conduct of county and city offices and institutions.

HB 429. By Representatives Smith and Moore of the 152nd, Moody of the 138th and others:
A bill to amend Code Chapter 84-21, relating to Professional Engineers and Land Surveyors, so as to provide additional ways in which persons may become eligible for certification as a Land Surveyor-in-Training or Land Surveyor.

HB 852. By Representatives Evans of the 84th, Hays of the 1st, Walker of the 115th and others:
A bill to amend an Act creating the Construction Industry Licensing Board, so as to exempt mobile home service personnel performing cer tain plumbing and electrical connections.

HB 693. By Representatives Ware of the 68th, Waddle of the 113th, Watson of the 114th and others:
A bill to amend an Act creating the office of Georgia Safety Fire Commis sioner so as to provide that insurance companies which furnish informa tion in accordance with the provisions of the Act are entitled to receive similar information.

HB 515. By Representatives Bargeron of the 83rd, Evans of the 84th, Ross of the 76th and others:
A bill to amend Code Chapter 91A-3, relating to tax executions, so as to provide a one-year period of limitation for enforcement of executions for ad valorem taxes on real property in amounts less than $ 1.

HB 851. By Representatives Martin of the 60th, Colbert of the 23rd, Coleman of the 118th and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to authorize the coverage of certain volunteer firefighters and to provide for computing their compensation.

HB 910. By Representatives Culpepper of the 98th, Pinkston of the 100th, Coleman of the 118th and Russell of the 64th:
A bill to amend Code Section 41A-1610, relating to the payment of deposits of deceased depositors, so as to provide for the disposition of funds in the care and possession of a nursing home when the owner of the funds dies intestate while confined to the nursing home.

MONDAY, MARCH 9, 1981

1735

HB 453. By Representative Snow of the 1st:
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.

SB 249. By Senators Kidd of the 25th, McGill of the 24th and Ballard of the 45th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of Ocmulgee Judicial Circuit; to provide an effective date.

HB 359. By Representatives Karrh of the 106th, Evans of the 84th, Snow of the 1st and others:
A bill to amend Code Section 24-2919, relating to staff for district at torneys, so as to change the provisions relative to increases in the com pensation of assistant district attorneys.

HB 834. By Representatives Culpepper of the 98th, Walker of the 115th and Snow of the 1st:
A bill to amend an Act regulating, among other things, the sale of securities in this state, known as the "Georgia Securities Act of 1973," so as to provide that any transaction involving the issuance of a security in connection with a pooled income fund for which a bank serves as trustee, investment advisor, or investment manager shall be an exempt transaction.

HB 653. By Representatives Burruss of the 21st, Castleberry of the lllth, Collins of the 144th and others:
A bill to amend Code Section 91A-3607, relating to taxable net income, so as to provide for the exclusion of certain retirement income of certain taxpayers.

HB 930. By Representative Ham of the 80th:
A bill to amend Code Chapter 32-1, relating to the board of regents and the university system, so as to prohibit teachers of universities under the jurisdiction of the board of regents from using the name of the university in articles and reports under certain circumstances.

HB 446. By Representative Adams of the 14th:
A bill to amend an Act known as the "Used Car Dealers' Registration Act," so as to change the definition of the "established place of business;" to provide for compensation of the board; to authorize the state Board of Registration of Used Cars to deny or to refuse to renew a license upon certain enumerated grounds and to probate a suspension of revocation of a license.

1736

JOURNAL OF THE SENATE

HB 643. By Representatives Coleman of the 118th, Colwell of the 4th and Snow of the 1st:
A bill to create the Georgia Criminal Justice Improvement Council; to provide for members, officers, duties, functions, powers, authority, ap pointments, and vacancies.

HB 427. By Representative Savage of the 25th:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to require immunization of children entering public and private schools, daycare centers, nurseries, summer camps, and other facilities.

HB 903. By Representatives Chambless of the 131st, Culpepper of the 98th, Snow of the 1st and others:
A bill to amend Code Section 67-2002, relating to how liens are declared and created, so as to provide for notice of the commencement of an ac tion to enforce a lien.

HB 813. By Representatives Kemp of the 139th, Tuten of the 153rd, Walker of the 115th and Davis of the 45th:
A bill to amend Code Chapter 26-34, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to add as incidents of racketeering certain violations of Code Title 5A,relating to alcoholic beverages, and acts or threats involving murder, kidnapping, arson, robbery, bribery, extortion, obstruction of justice, dealing in nar cotic or dangerous drugs.

HB 887. By Representative Reaves of the 147th:
A bill to amend an Act creating the Construction Industry Licensing Board, so as to exempt persons performing certain installations, altera tions, and repairs in farm and ranch buildings from the requirement of licensure.

HB 974. By Representatives Home of the 104th, Lucas of the 102nd, Davis of the 99th and others:
A bill to change the Civil Service System and Board of Bibb County created by an amendment to the Constitution which was ratified at the general election in 1956 and which is set forth in Ga. Laws 1955, so as to change and alter the Civil Service System and Board of Bibb County.

HB 976. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Swainsboro Public Facilities Authori ty.

MONDAY, MARCH 9, 1981

1737

HB 977. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A bill to amend an Act creating the Douglasville-Douglas County Water Authority, so as to change the name of the Authority; to provide that the Authority can own and operate a sewerage system in addition to a water system.

HB 979. By Representative Edwards of the 110th:
A bill to amend an Act to provide and establish a new charter for the City of Reynolds in the County of Taylor, so as to change the time of the an nual city election.

HB 980. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, so as to change the compensation of the tax commis sioner.

HB 983. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Hart County, so as to change the jurisdiction of said court.

HB 984. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating a charter for the City of Carrollton, so as to change the rate of taxation for school purposes in and for said city.

SB 302. By Senator Kennedy of the 4th:
A bill to amend an Act creating the Small Claims Court of Evans County, so as to change the provisions relating to commencement of actions and services; to change the provisions relating to costs; to delete the provi sions relating to jury trials.

SB 345. By Senator Kidd of the 25th:
A bill to create a body corporate and politic to be known as the Milledgeville Public Facilities Authority; to authorize the authority to ac quire, construct, equip, maintain, and operate self-liquidating projects, including buildings and facilities for use by the City of Milledgeville.

SB 376. By Senators Coleman of the 1st, Bryant of the 3rd and Wessels of the 2nd:
A bill to amend an Act providing for the creation of the "Savannah Tran sit Authority," so as to provide for appointment of members of the authority and their terms of office.

1738

JOURNAL OF THE SENATE

HB 256. By Representatives Lowe, Greer and Couch of the 43rd:
A bill to regulate the private detective and private security business in this state.

HB 962. By Representative Ross of the 76th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the amount of said salary.

HB 963. By Representative Miles of the 107th:
A bill to amend an Act creating and establishing a small claims court in and for Candler County, so as to change the jurisdiction of said court; to change the method and amount of compensation of the judge of said court.
HB 964. By Representatives Rainey of the 135th and Sizemore of the 136th:
A bill to amend an Act providing a salary for the clerk of the superior court, judge of the probate court, sheriff, and tax commissioner of Crisp County, so as to change the provisions relating to the compensation of the clerk of the superior court, judge of the probate court, and sheriff.

HB 965. By Representatives Mann, Clark and Milford of the 13th:
A bill to amend an Act providing for a board of commissioners of Elbert County, so as to change the compensation provisions relating to members of the board of commissioners.

HB 966. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the Magistrate's Court of Glynn County, so as to change provisions relating to the compensation of the deputy magistrate.

HB 967. By Representative Culpepper of the 98th:
A bill to amend an Act creating the board of commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.

MONDAY, MARCH 9, 1981

1739

HB 968. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to create the Peach County Charter Commission to study the provi sion of governmental services in and by Peach County and the Municipalities therein.

HB 969. By Representatives Mostiler of the 71st and Fortune of the 71st:
A bill to amend an Act abolishing the fee system as the mode of compen sation of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compen sation of the coroner.

HB 970. By Representatives Mostiler of the 71st and Fortune of the 71st:
A bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, so as to change the compen sation of the judge and solicitor of said court.

HB 971. By Representatives Mostiler and Fortune of the 71st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County.

HB 972. By Representatives Mostiler and Fortune of the 71st:
A bill to amend an Act abolishing the fee system as the mode of compen sation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, so as to change the com pensation of the clerk of the Superior Court and the sheriff of Spalding County.

HB 973. By Representatives Mostiler and Fortune of the 71 st:
A bill to amend an Act creating the board of commissioners of Spalding County, so as to provide for additional compensation for the chairman and members of the board of commissioners of Spalding County, Georgia, in the form of an expense allowance for travel within Spalding County.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 303. By Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd and Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution, so as to in crease the amount of the pensions paid to certain retired firemen or policemen.

1740

JOURNAL OF THE SENATE

HR 329. By Representative Ham of the 80th:
A resolution renaming "The John Neville Birch Memorial Bridge" as the "Jerry Wadley Williams Memorial Bridge".

HR 293. By Representative Bray of the 70th:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interests of the State of Georgia, and for and on behalf of and in the name of the State of Georgia, to convey certain Stateowned real property located in the City of Warm Springs, Meriwether County, Georgia.

The House has agreed to the Senate substitute to the following bills of the House:

HB 661. By Representatives Phillips of the 59th and Martin of the 60th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation and expense allowance of the members of said board and to change the compensation of the chairman.

HB 221. By Representatives Hays of the 1st, Wood of the 9th, Pinkston of the 100th and others: A bill to amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles so as to define '' handicapped person''.
The House has agreed to the Senate amendments to the following bills of the House:
HB 663. By Representatives Martin of the 60th and Phillips of the 59th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commis sioner.
HB 664. By Representatives Martin of the 60th and Wall of the 61 st: A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the sheriff.
HB 665. By Representatives Martin of the 60th and Phillips of the 59th: A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the compensation of the clerk of superior court and probate judge.

MONDAY, MARCH 9, 1981

1741

HB 346. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act adding one additional judge of the superior courts of Western Judicial Circuit of Georgia, so as to change the provisions of that Act regarding the supplementary compensation, salaries, and ex pense allowances for both judges of that circuit by the counties of the cir cuit.

HB 721. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to create the Athens-Clarke County Charter Commission.

The House has agreed to the Senate amendment as amended by the House to the following bill of the House:

HB 278. By Representative Galer of the 97th:
A bill to amend an Act creating the State Employees Retirement System, so as to make certain exclusions which are applicable to widows ap plicable to all surviving spouses.

The House insists on its substitute to the following bill of the Senate:

SB 1. By Senators Turner of the 8th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.

The Speaker has appointed on the part of the House the following: Represen tatives Richardson of the 52nd, Davis of the 99th and Swann of the 90th.

1742

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House:

HB 292. By Representative Buck of the 95th:
A bill establishing the Employees' Retirement System of Georgia, so as to change the provisions relating to the retirement of appellate court judges.

HB 691. By Representatives Scott of the 123rd, Triplet! of the 128th and Phillips of the 125th:
A bill to amend Code Section 5A-508, relating to sales of alcoholic beverages near a church or school, so as to prohibit the sale of any wine or malt beverages within a certain distance of a church in certain coun ties.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 441. By Senator Hudson of the 35th:
A bill to amend an Act providing for the salary and expenses of members of the board of education and the president of such board in counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census so as to change the population requirement of said Act.
Referred to Committee on County and Urban Affairs.

SB 442. By Senator Brantley of the 56th:
A bill to amend Code Section 88-3316, relating to considerations to be made by the State Health Planning and Development Agency in con ducting reviews and making determinations for certificates of need, so as to provide for considerations to be made by the state agency in determin ing the health needs of underserved areas.
Referred to Committee on Human Resources.

SB 443. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 67-13, relating to conveyances to secure debt, as amended, so as to provide a mortgagor with a cause of action to recover damages and attorney's fees against a mortgagee when a mort gagee fails to timely disburse escrow funds paid by a mortgagor for in surance and taxes on real property.
Referred to Committee on Judiciary.

MONDAY, MARCH 9, 1981

1743

SB 444. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the compensation of the district attorney, the district at torney's investigators and secretary, and the assistant district attorneys.
Referred to Committee on County and Urban Affairs.

SB 445. By Senators Evans of the 37th and Bond of the 39th:
A bill to eliminate the imposition of the death penalty in this State and to provide for imposition of sentences of imprisonment for a term of not less than 99 years; to amend Code Title 26, known as the "Criminal Code of Georgia," as amended, so as to repeal those provisions relating to the death penalty and provide for imprisonment in lieu thereof.
Referred to Committee on Special Judiciary.

SB 446. By Senator Stephens of the 36th:
A bill to provide for the storage of records by the clerks of the superior courts in certain counties; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 447. By Senator Scott of the 43rd:
A bill to amend an Act establishing DeKalb County districts from which the members of the county board of education shall be elected, as amended, so as to change the provisions relating to school board districts.
Referred to Committee on County and Urban Affairs.

SR 141. By Senator Brantley of the 56th:
A resolution authorizing and directing the State Health Planning and Development Agency to approve the establishment of local hospital facilities in certain cities which currently have no local hospital facilities. Referred to Committee on Human Resources.

SR 147. By Senators Allgood of the 22nd, English of the 21st, Reynolds of the 48th and others:
A resolution creating the Senate Committee on Long-term Indebtedness. Referred to Committee on Appropriations.

1744

JOURNAL OF THE SENATE

SR 148. By Senators Holloway of the 12th, Allgood of the 22nd and Turner of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide that the powers of taxation over the whole state shall be exercised by the General Assembly for the purpose of enhancing, promoting, and preserving the democratic form of government by assisting in the development and maintenance of viable political institutions and parties; to provide for the submission of this amendment for ratification or rejec tion.
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 256. By Representatives Lowe and Greer and Couch of the 43rd:
A bill to regulate the private detective and private security business in this State. Referred to Committee on Judiciary.

HB 272. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", so as to change the qualifications for peace officers. Referred to Committee on Public Safety.

HB 286. By Representative Johnson of the 72nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the definition of "earnable compensation". Referred to Committee on Retirement.

HB 359. By Representatives Karrh of the 106th, Evans of the 84th, Snow of the 1st and others:
A bill to amend Code Section 24-2919, relating to staff for district at torneys, so as to change the provisions relative to increases in the com pensation of assistant district attorneys.
Referred to Committee on Special Judiciary.

HB 427. By Representative Savage of the 25th:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to require immunization of children entering public and private schools, day-care centers, nurseries, summer camps and other facilities.
Referred to Committee on Human Resources.

MONDAY, MARCH 9, 1981

1745

HB 429. By Representatives Smith and Moore of the 152nd, Moody of the 138th and others:
A bill to amend Code Chapter 84-21, relating to Professional Engineers and Land Surveyors, so as to provide additional ways in which persons may become eligible for certification as a Land Surveyor-in-Training or Land Surveyor.
Referred to Committee on Industry, Labor and Tourism.

HB 446. By Representative Adams of the 14th:
A bill to amend an Act known as the "Used Car Dealers' Registration Act", so as to change the definition of the "established place of business"; to provide for compensation of the board; to authorize the State Board of Registration of Used Car Dealers to deny or to refuse to renew a license upon certain enumerated grounds and to probate a suspension or revocation of a license.
Referred to Committee on Transportation.

HB 453. By Representative Snow of the 1st:
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 Special Judiciary.

HB 515. By Representatives Bargeron of the 83rd, Evans of the 84th, Ross of the 76th and others:
A bill to amend Code Chapter 91A-3, relating to tax executions, so as to provide a one-year period of limitation for enforcement of executions for ad valorem taxes on real property in amounts less than $ 1.
Referred to Committee on Banking, Finance and Insurance.

HB 537. By Representatives Savage of the 25th, Lambert of the 112th, Argo of the 63rd and others:
A bill to amend Code Section 5A-507 relating to the sale of alcoholic beverages on Sundays and election days, so as to provide that an election shall be the statewide primary election or general election and any run off held for any such election.
Referred to Committee on Industry, Labor and Tourism.

HB 643. By Representatives Coleman of the 118th, Colwell of the 4th and Snow of the 1st:
A bill to create the Georgia Criminal Justice Improvement Council; to provide for members, officers, duties, functions, powers, authority, ap pointments and vacancies.
Referred to Committee on Public Safety.

1746

JOURNAL OF THE SENATE

HB 653. By Representatives Burruss of the 21st, Castleberry of the lllth, Collins of the 144th and others:
A bill to amend Code Section 91A-3607, relating to taxable net income, so as to provide for the exclusion of certain retirement income of certain taxpayers.

Senator Lester of the 23rd moved that HB 653 be engrossed.

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:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean English Engram

Fincher of 54th Foster Garner Gillis Hill Holloway Horton Hudson Kennedy Kidd Lester McGill

Those voting in the negative were Senators:

Ballard Barker Bell Bond Brannon Brantley Coverdell

Eldridge Evans Greene Howard Hudgins Land Littlefield

McKenzie Reynolds Starr Summers Tate Thompson Timmons Trulock Turner Walker Wessels
Robinson Scott Stephens Stumbaugh Sutton Tysinger

Not voting was Senator Fincher of 52nd.

On the motion, the yeas were 35, nays 20.

The motion, having failed to receive the requisite two-thirds majority, was lost, and HB 653 was not engrossed.
Senator Lester of the 23rd moved that the Senate reconsider its action in failing to engross HB 653.

MONDAY, MARCH 9, 1981

1747

On the motion, 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:

Allgood Ballard Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd

Lester Littlefield McGill McKenzie Reynolds Starr Summers Tate Timmons Trulock Turner Walker Wessels

Those voting in the negative were Senators:

Barker Bell Bond Brannon Brantley

Coverdell Hudgins Land Robinson Scott

Stephens Stumbaugh Sutton Thompson Tysinger

On the motion, the yeas were 41, nays 15; the motion prevailed, and engross ment of HB 653 was reconsidered.

Senator Lester of the 23rd moved that HB 653 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 Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean English Engram

Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Hudson Kennedy Kidd

Lester McGill McKenzie Reynolds Starr Summers Tate Timmons Turner Walker Wessels

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Ballard Barker Bell Bond
Brannon Brantley Coverdell
Eldridge

Evans Greene Howard Hudgins
Land Littlefield Robinson

On the motion, the yeas were 34, nays 22.

Scott Stephens Stumbaugh Sutton
Thompson Trulock Tysinger

The motion, having failed to receive the requisite two-thirds majority, was lost, and HB 653 was not engrossed.
Referred to Committee on Banking, Finance and Insurance.

HB 693. By Representatives Ware of the 68th, Waddle of the 113th, Watson of the 114th and McDonald of the 12th:
A bill to amend an Act creating the office of Georgia Safety Fire Commis sioner, so as to provide that insurance companies which furnish informa tion in accordance with the provisions of the Act are entitled to receive similar information. Referred to Committee on Banking, Finance and Insurance.
HB 730. By Representatives Lambert of the 112th and Argo of the 63rd:
A bill to authorize the director of the Office of Planning and Budget to adopt rules and regulations for the establishment and implementation of the Residential Conservation Service. Referred to Committee on Industry, Labor and Tourism.
HB 813. By Representatives Kemp of the 139th, Tuten of the 153rd, Walker of the 115th and Davis of the 45th:
A bill to amend Code Chapter 26-34, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act", so as to add as incidents of racketeering certain violations of the "Georgia Securities Act of 1973", certain violations of Code Title 5A, relating to alcoholic beverages, and acts or threats involving murder, kidnapping, arson, rob bery, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs. Referred to Committee on Special Judiciary.

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HB 834. By Representatives Culpepper of the 98th, Walker of the 115th and Snow of the 1st:
A bill to amend an Act regulating, among other things, the sale of securities in this state, known as the "Georgia Securities Act of 1973", so as to provide that any transaction involving the issuance of a security in connection with a pooled income fund for which a bank serves as trustee, investment advisor, or investment manager shall be an exempt transaction.
Referred to Committee on Banking, Finance and Insurance.

HB 851. By Representatives Martin of the 60th, Colbert of the 23rd, Coleman of the 118th and others:
A bill to amend Code Title 114, relating to workers' compensation, so as to authorize the coverage of certain volunteer firefighters and to provide for computing their compensation.
Referred to Committee on Industry, Labor and Tourism.

HB 852. By Representatives Evans of the 84th, Hays of the 1st, Walker of the 115th and others:
A bill to amend an Act creating the Construction Industry Licensing Board, so as to exempt mobile home service personnel performing cer tain plumbing and electrical connections.
Referred to Committee on Industry, Labor and Tourism.

HB 887. By Representative Reaves of the 147th:
A bill to amend an Act creating the Construction Industry Licensing Board, so as to exempt persons performing certain installations, altera tions, and repairs in farm and ranch buildings from the requirement of licensure.
Referred to Committee on Agriculture.

HB 903. By Representatives Chambless of the 131st, Culpepper of the 98th, Snow of the 1st and others:
A bill to amend Code Section 67-2002, relating to how liens are declared and created, so as to provide for notice of the commencement of an ac tion to enforce a lien.
Referred to Committee on Judiciary.

HB 910. By Representatives Culpepper of the 98th, Pinkston of the 100th, Coleman of the 118th and Russell of the 64th:
A bill to amend Code Section 41A-1610, relating to the payment of deposits of deceased depositors, so as to provide for the disposition of funds in the care and possession of a nursing home when the owner of the funds dies intestate while confined to the nursing home.
Referred to Committee on Banking, Finance and Insurance.

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JOURNAL OF THE SENATE

HB 930. By Representative Ham of the 80th:
A bill to amend Code Chapter 32-1, relating to the board of regents and the university system, so as to prohibit teachers of universities under the jurisdiction of the board of regents from using the name of the university in articles and reports under certain circumstances.
Referred to Committee on Higher Education.

HB 825. By Representatives Jackson of the 77th, Nicholson of the 88th, Padgett of the 86th and others:
A bill to provide for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit.
Referred to Committee on County and Urban Affairs.

HB 916. By Representatives Nicholson of the 88th and Padgett of the 86th:
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 officials in said counties; to prohibit certain officials from engaging in the private practice of law.
Referred to Committee on County and Urban Affairs.

HB 941. By Representatives Ramsey of the 3rd, Foster and Williams of the 6th:
A bill amending, revising, superseding and consolidating the laws creating a Board of Commissioners for said county, so as to change the provisions relative to the compensation and expense of the Chairman and members of the Board of Commissioners.
Referred to Committee on County and Urban Affairs.

HB 942. By Representatives Evans of the 84th and Jackson of the 77th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie County, so as to change the compensation provisions relating to the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 954. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system, so as to change the provisions relative to ex penses for the sheriff's office; to provide for budgeting such expenses. Referred to Committee on County and Urban Affairs.

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HB 955. By Representatives Colwell and Twiggs of the 4th:
A bill to provide an annual salary for the coroner of Fannin County in lieu of the fee system of compensation. Referred to Committee on County and Urban Affairs.

HB 958. By Representative Jones of the 78th:
A bill to amend Code Section 91A-1101, relating to definitions of terms for purposes of determining property which is exempt from taxation, so as to change the provisions relating to leased property which is eligible for a homestead exemption in certain counties.
Referred to Committee on County and Urban Affairs.

HB 959. By Representative Coleman of the 118th:
A bill to amend an Act fixing the salary of certain county officers in each county in this state having a population of not less than 15,300 and not more than 15,800 according to the U. S. Census of 1970 or any future such census, so as to change the provisions relating to personnel in the office of the sheriff and the judge of the probate court.
Referred to Committee on County and Urban Affairs.

HB 960. By Representatives Childs of the 51st, Williams of the 48th, Steinberg of the 46th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to change the provisions relating to assistant solicitors of said court.
Referred to Committee on County and Urban Affairs.

HB 961. By Representative Ross of the 76th:
A bill to amend an Act creating the office of tax commissioner of Wilkes County, so as to provide that the Wilkes County tax commissioner shall be entitled to retain fees received as compensation for his services in col lecting ad valorem taxes on motor vehicles and mobile homes.
Referred to Committee on County and Urban Affairs.

HB 962. By Representative Ross of the 76th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the amount of said salary. Referred to Committee on County and Urban Affairs.

HB 963. By Representative Miles of the 107th:
A bill to amend an Act creating and establishing a small claims court in and for Candler County, so as to change the jurisdiction of said court; to change the method and amount of compensation of the judge of said court.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE

HB 964. By Representatives Rainey of the 135th and Sizemore of the 136th:
A bill to amend an Act providing a salary for the clerk of the superior court, judge of the probate court, sheriff, and tax commissioner of Crisp County, so as to change the provisions relating to the compensation of the clerk of the superior court, judge of the probate court and sheriff.
Referred to Committee on County and Urban Affairs.

HB 965. By Representatives Mann, Clark and Milford of the 13th:
A bill to amend an Act providing for a board of commissioners of Elbert County, so as to change the compensation provisions relating to members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 966. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the Magistrate's Court of Glynn County, so as to change provisions relating to the compensation of the deputy magistrate.
Referred to Committee on County and Urban Affairs.

HB 967. By Representative Culpepper of the 98th:
A bill to amend an Act creating the board of commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners. Referred to Committee on County and Urban Affairs.

HB 968. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to create the Peach County Charter Commission to study the provi sion of governmental services in and by Peach County and the municipalities therein. Referred to Committee on County and Urban Affairs.
HB 969. By Representatives Mostiler of the 71st and Fortune of the 71st:
A bill to amend an Act abolishing the fee system as the mode of compen sation of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compen sation of the coroner. Referred to Committee on County and Urban Affairs.

HB 970. By Representatives Mostiler of the 71st and Fortune of the 71st:
A bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, so as to change the compen sation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

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HB 971. By Representatives Mostiler and Fortune of the 71st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County. Referred to Committee on County and Urban Affairs.

HB 972. By Representatives Mostiler and Fortune of the 71st:
A bill to amend an Act abolishing the fee system as the mode of compen sation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, so as to change the com pensation of the clerk of the superior Court and sheriff of Spalding County.
Referred to Committee on County and Urban Affairs.

HB 973. By Representatives Mostiler and Fortune of the 71st:
A bill to amend an Act creating the board of commissioners of Spalding County, so as to provide for additional compensation for the chairman and members of the board of commissioners of Spalding County, Georgia, in the form of an expense allowance for travel within Spalding County.
Referred to Committee on County and Urban Affairs.

HB 974. By Representatives Home of the 104th, Lucas of the 102nd, Davis of the 99th and others:
A bill to change the Civil Service System and Board of Bibb County created by an amendment to the Constitution which was ratified at the general election in 1956 and which is set forth in Ga. Laws 1955, so as to change and alter the Civil Service System and Board of Bibb County.
Referred to Committee on County and Urban Affairs.

HB 976. By Representatives Karrh of the 106th and Miles of the 107th:
A bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Swainsboro Public Facilities Authori-
ty-
Referred to Committee on County and Urban Affairs.

HB 977. By Representatives Kilgore of the 65th, Johnson and Thomas of the 66th:
A bill to amend an Act creating the Douglasville-Douglas County Water Authority, so as to change the name of the Authority; to provide that the Authority can own and operate a sewerage system in addition to a water system.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE

HB 979. By Representative Edwards of the 110th:
A bill to amend an Act to provide and establish a new charter for the City of Reynolds in the County of Taylor, so as to change the time of the an nual city election.
Referred to Committee on County and Urban Affairs.

HB 980. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, so as to change the compensation of the tax commis sioner.
Referred to Committee on County and Urban Affairs.

HB 983. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act creating and establishing a Small Claims Court in and for Hart County, so as to change the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

HB 984. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act creating a charter for the City of Carrollton, so as to change the rate of taxation for school purposes in and for said city. Referred to Committee on County and Urban Affairs.
HB 292. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relating to the retirement of ap pellate court judges. Referred to Committee on Retirement.

HB 691. By Representatives Scott of the 123rd, Triplett of the 128th and Phillips of the 125th:
A bill to amend Code Section 5A-508, relating to sales of alcoholic beverages near a church or school, so as to prohibit the sale of any wine or malt beverages within a certain distance of a church in certain coun ties.
Referred to Committee on Consumer Affairs.

HR 293. By Representative Bray of the 70th:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interests of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to convey certain Stateowned real property located in the City of Warm Springs, Meriwether County, Georgia.
Referred to Committee on Public Utilities.

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HR 303. By Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd and Birdsong of the 103rd:
A resolution proposing an amendment to the Constitution, so as to in crease the amount of the pensions paid to certain retired firemen or policemen.
Referred to Committee on Appropriations.

HR 329. By Representative Ham of the 80th:
A resolution renaming "The John Neville Birch Memorial Bridge" as "The Jerry Wadley Williams Memorial Bridge". Referred to Committee on Transportation.

HB 648. By Representatives Pinkston of the 100th, Birdsong of the 103rd and Home of the 104th:
A bill to amend Code Chapter 59-3, relating to powers and duties of grand juries in general, so as to provide the authority and procedure for grand juries to issue reports concerning the operations and conduct of county and city offices and institutions.
Referred to Committee on Special Judiciary.

The following reports of standing committees were read by the Secretary:

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 169. Do pass as amended.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 144. Do pass. HB 699. Do pass as amended.

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JOURNAL OF THE SENATE

HB 701. HB 702. HB 766. HB 790. HB 850. HB 873. HB 875. HB 882. HB 885. HB 886. HB 893. HB 895. HB 900. HB 949. HB 950.

Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. 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 House and has instructed me to report the same back to the Senate with the following recommendation:

HR 161. Do pass. Mr. President:

Respectfully submitted, Senator Thompson of the 32nd District, Chairman

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 481. Do pass by substitute.

Respectfully submitted, Senator Ballard of the 45th District, Chairman

MONDAY, MARCH 9, 1981

1757

The following bills and resolutions of the Senate and House were read the sec ond time:

SB 89. By Senators Holloway of the 12th and Allgood of the 22nd:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowances of certain officials; to provide for matters relative thereto; to provide an effective date.
SB 90. By Senators Holloway of the 12th and Allgood of the 22nd:
A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowances of certain officials; to provide for matters relative thereto; to provide an effective date.

SB 253. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide the circumstances whereby local units of administration may be granted funding for con struction in excess of annual entitlements.

SB 312. By Senator Horton of the 17th:
A bill to amend Code Chapter 56-3, relating to the general requirements for doing business as an insurer in this state, as amended, so as to require all insurance contracts and policies to be written in simplified and plain language; to provide for enforcement; to provide for remedies.
SB 317. By Senators Barnes of the 33rd and Cobb of the 28th:
A bill to amend Code Chapter 26-25, relating to criminal obstruction of law enforcement, as amended, so as to create the crimes of felony and misdemeanor unlawful disposal or sale of bail bond security.

SB 388. By Senators Sutton of the 9th and Eldridge of the 7th:
A bill to provide for the rebate of interest on any loan on which the in terest is calculated under the add-on interest method if the loan is paid off prior to maturity; to provide for a rate of interest; to provide for an ex ception.

SB 392. By Senator Fincher of the 54th:
A bill to provide for a third judge of the superior court of the Conasauga Judicial Circuit of Georgia; to provide for the election and terms of office of said judge; to require candidates for such judgeship to designate the place for which they are offering; to prescribe the powers, duties, digni ty, jurisdiction, privileges, and immunities of said judge.

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JOURNAL OF THE SENATE

SB 400. By Senator Brantley of the 56th:
A bill to amend an Act known as the Coastal Management Act of 1978, as amended, so as to revise the powers of the Board; to provide certain restrictions for certain designated areas.

SB 408. By Senators Horton of the 17th, Land of the 16th, Barker of the 18th and others:
A bill to amend Code Chapter 26-19, relating to robbery, as amended, so as to provide that a person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the im mediate presence of another by use of an offensive weapon or any replica, article, or device having the appearance of such weapon.

SB 411. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend Code Section 27-2502, relating to determinate sentences, as amended, so as to provide for special sentencing in certain cases; to provide that persons so sentenced may be considered for parole at any time.

SB 412. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, as amended, so as to change certain of the provi sions relative to the reimbursement of counties for the cost of maintain ing certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

SB 413. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to provide the procedures for the issuance of a summons in lieu of a warrant or in lieu of making an arrest in certain criminal cases; to pro vide a procedure for failure to respond to a summons; to provide for the form and execution of a summons; to provide a procedure for the release of certain arrested persons by use of a summons.

SB 416. By Senator Littlefield of the 6th:
A bill to amend an Act known as the "Jekyll Island-State Park Authority Act", as amended.

SB 418. By Senator Greene of the 26th:
A bill to amend Code Section 93-501a, relating to hearing officers in utili ty proceedings as said Code section is provided in Senate Bill 29 of the regular 1981 session.

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SB 422. By Senators Starr of the 44th, Gillis of the 20th, Howard of the 42nd and others:
A bill to amend the "Fair Employment Practices Act of 1978", as amend ed, so as to expand the definition of discriminations; to change the defini tion of the term "handicap"'; to provide for affirmative action programs.

SB 424. By Senator Bryant of the 3rd:
A bill to amend an Act creating the Small Claims Court of Mclntosh County so as to change the amount of the jurisdiction of said court; to change the provisions relating to commencement of actions and service.

SB 425. By Senator Bryant of the 3rd:
A bill to amend an Act creating a Small Claims Court for Liberty County, as amended, so as to change the jurisdiction of said court; to change cer tain costs.

SB 426. By Senators McGill of the 24th and English of the 21 st:
A bill to add one additional judge of the superior courts of the Toombs Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of suc cessors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge.

SB 427. By Senators Horton of the 17th and Cobb of the 28th:
A bill to reincorporate the City of McDonough in the County of Henry; to create a new charter for said city.

SB 428. By Senator McGill of the 24th:
A bill to create and establish a Small Claims Court of Oglethorpe County; to prescribe the jurisdiction of said court.

SB 429. By Senators Fincher of the 52nd and Summers of the 53rd:
A bill to amend Code Section 34-708, relating to equipment and arrange ment of polling places during elections, as amended, so as to provide for the display of the national flag in each polling place during an election; to amend Code Section 34A-606, relating to equipment and arrangement of polling places during municipal elections, as amended, so as to provide for the display of the national flag in each polling place during an elec tion.

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JOURNAL OF THE SENATE

SB 430. By Senator Bryant of the 3rd:
A bill to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter for said city; to provide for the creation, incor poration, and powers of said city; to provide for the governmental struc ture; to repeal specific Acts.

SB 431. By Senator Dean of the 31st:
A bill to amend an Act establishing the State Court of Polk County, as amended, so as to change the compensation of the judge.

SB 432. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act", as amended, so as to change the procedure relative to the over riding of a rule by resolution of the General Assembly.

SB 436. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority so as to provide for the creation of the Authority; to state the general purpose of the Authority and to provide for perpetual ex istence of the Authority.

SB 437. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend Code Chapter 87-2, relating to elections on the issuance of bonds, as amended, so as to provide additional requirements for the is suance of bonds and for the expenditure of bond funds in counties in this State having a population of not less than 250,000 nor more than 400,000 according to the United States census of 1980 or any future such census.

SB 438. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), as amended, so as to pro vide that justices of the peace of Cobb County shall have criminal jurisdiction throughout the entire county.

SR 110. By Senators Foster of the 50th, Starr of the 44th and Broun of the 46th: A resolution creating the School Finance Study Committee.

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SR 120. By Senator Hill of the 29th:
A resolution authorizing and empowering the State Properties Commis sion, acting in the best interests of the State of Georgia and for and on behalf of and in the name of Georgia, to convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia.

SR 121. By Senator Foster of the 50th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain Stateowned tracts of real property located in Union, Lumpkin, Rabun and Towns Counties, Georgia to the United States of America, acting by and through its Forest Service, in exchange for the conveyance to the State of Georgia, of all or portions of certain tracts of real property owned by the United States of America and located in Dawson, Rabun, White and Union Counties, Georgia.

SR 125. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A resolution relative to jail and prison overcrowding.

SR 127. By Senators Coverdell of the 40th and Brannon of the 51st:
A resolution requesting the Senate Public Safety Committee to reevaluate the motor vehicle inspection law.

SR 128. By Senators Trulock of the 10th, McGill of the 24th, Timmons of the 11th and others:
A resolution urging the United States Secretary and Department of Agriculture to take certain actions.

SR 129. By Senators Starr of the 44th, Gillis of the 20th and Howard of the 42nd:
A resolution authorizing the conveyance to the City of Atlanta on behalf of the Georgia Building Authority and the State of Georgia of all their respective right, title and interest in and to improved real property at 209 Pryor Street and 116 Mitchell Street in Atlanta, Fulton County, Georgia.

SR 133. By Senators Littlefield of the 6th, Bell of the 5th and Hudgins of the 15th: A resolution creating the Juvenile Justice Study Committee.

SR 134. By Senators English of the 21st, Evans of the 37th, Gillis of the 20th and others:
A resolution creating the Joint Study Committee on Prime Agricultural Farmland.

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JOURNAL OF THE SENATE

SR 135. By Senator Reynolds of the 48th:
A resolution designating the Southeastern Railway Museum as an official railway museum in the State of Georgia.

SR 136. By Senator Stumbaugh of the 55th: A resolution creating the Senate Alternatives to Prison Study Committee.

HB 80. By Representatives Pilewicz of the 41st, Lawson of the 9th, Bray of the 70th and others:
A bill to amend Code Title 51, relating to homesteads and exemptions, so as to change the amount of certain exemptions to be used for the pur poses of bankruptcy and in actions involving bankruptcy.

HB 87. By Representatives Kilgore of the 65th, Williams of the 6th, Rowland of the 119th and others:
A bill to amend Code Title 91A, known as the Georgia Public Revenue Code, so as to change certain provisions relating to administration of ad valorem property taxes; to provide for uniform tangible personal proper ty tax returns; to require the Department of Revenue to provide certain courses of instruction; to require training for persons in the appraisal of tangible personal property.

HB 153. By Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the definition of a public school employee.

HB 184. By Representatives Reaves of the 147th, Irvin of the 10th, Long of the 142nd and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", so as to allow warehouse receipts to be issued at the option of the warehousemen unless otherwise required by law or rule or regulation.

HB 211. By Representatives Thomas and Johnson of the 66th, Sizemore of the 136th and others:
A bill to amend the "Adequate Program for Education in Georgia Act", so as to provide that teachers and other professional personnel holding lifetime certificates may, when additional training qualifies them for another classification of certification, obtain a lifetime certificate in such category.

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HB 219. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend an Act known as the "Youthful Offender Act", so as to provide for the appropriate treatment of those previously sentenced under this Act who receive subsequent consecutive misdemeanor sentences.

HB 229. By Representatives Padgett of the 86th, Nicholson of the 88th, Dent of the 85th and Cheeks of the 89th:
A bill to amend an Act creating the State Court of Richmond County, so as to prohibit the judge of the state court from engaging in the practice of law; to provide for an assistant solicitor.

HB 299. By Representative Ramsey of the 3rd:
A bill to amend an Act known as the "Motor Vehicle Sales Finance Act", so as to repeal the provisions relating to the reinstatement of certain finance charges.

HB 314. By Representatives Harrison of the 20th, Bargeron of the 83rd, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to make it unlawful for any insurer issuing motor vehicle liability policies in this State to require a person who is legally en titled to recover damages from the insurer to utilize a particular person, firm, or corporation for repair work on a motor vehicle.

HB 362. By Representative Coleman of the 118th:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, so as to require county decals to be issued and affixed to the license plate; to provide for replacement decals.

HB 396. By Representatives Chance of the 129th, Phillips of the 120th, Long of the 142nd and others:
A bill to amend an Act known as the "Georgia Scenic Rivers Act of 1969", so as to designate a portion of Ebenezer Creek, located in Effingham County, as a part of the Georgia Scenic River System.

HB 397. By Representative Buck of the 95th:
A bill to amend Code Title 57, relating to interest and usury, so as to repeal the provision relating to the reinstatement of a certain rate of in terest.

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JOURNAL OF THE SENATE

HB 420. By Representative Pinkston of the 100th:
A bill to amend an Act authorizing the incorporation of a nonprofit Credit Union Deposit Insurance Corporation in this state, so as to provide that the name of the proposed corporation shall contain the words "Deposit Insurance Corporation".

HB 421. By Representative Pinkston of the 100th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, so as to redefine "common bond"; to provide for a board of directors.

HB 422. By Representative Pinkston of the 100th:
A bill to amend Code Title 41 A, known as the Financial Institutions Code of Georgia, so as to redefine the term "savings bank"; to provide that a bank desiring to operate as a state savings and loan association shall so state in its articles.

HB 423. By Representative Pinkston of the 100th:
A bill to amend Code Chapter 41A-30, relating to general provisions and organization of credit unions, so as to authorize out-of-state credit unions to establish a place of business within the state with the approval of the Department of Banking and Finance.

HB 428. By Representative Buck of the 95th:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act", so as to provide definitions; to change the maximum service charge permitted to be charged by a premium finance company.

HB 483. By Representative Hooks of the 116th:
A bill to add one additional judge of the superior court of the Southwestern Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor.

HB 488. By Representative Parham of the 109th:
A bill to amend Code Section 57-101.2, relating to loans by insured finan cial institutions, so as to remove the provisions relating to the repeal of said Code section.

HB 502. By Representative Lambert of the 112th:
A bill to amend an Act known as the "Private Colleges and Universities Facilities Authority Act", so as to change the definition of the word "project"; to redefine the term "institution for higher education"; to restate the power of the Authority to issue bonds for the purpose of refunding or refinancing outstanding indebtedness.

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1765

HB 521. By Representatives Reaves of the 147th, Balkcom of the 140th and Manner of the 130th:
A bill to require the use of certain equipment on irrigation systems in this State.

HB 662. By Representative Crosby of the 150th:
A bill to provide for one additional judge of the superior courts of Waycross Judicial Circuit of Georgia.

HB 719. By Representative Ralston of the 7th:
A bill to change the terms of court in each of the two counties comprising the Cherokee Judicial Circuit.

HB 738. By Representatives Davis of the 99th, Cason of the 96th, Jones of the 78th and others:
A bill to amend an Act relating to school attendance, so as to provide that records and reports of attendance may only be used for one purpose.

HB 808. By Representatives Oliver of the 121st and Kemp of the 139th:
A bill to amend an Act creating and establishing a Small Claims Court of Long County, so as to change the filing fees in said court.

HB 810. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act creating and establishing a Small Claims Court of Tattnall County, so as to change the jurisdiction of said court; to change the filing fees of said court.

HB 827. By Representative Branch of the 137th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to clarify that revenue-anticipation bonds issued by the Authority shall be issued and validated in accordance with the applicable provisions of the "Revenue Bond Law".

HB 859. By Representative Lord of the 105th:
A bill to amend an Act creating a board of commissioners for Johnson County, so as to change the compensation and expense allowance of the chairman and members of said board of commissioners.

HB 860. 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 sheriff and various personnel in the sheriff's of fice.

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HB 861. By Representative Lord of the 105th:
A bill to amend an Act abolishing the fee system of compensation of the clerk of the superior court of Washington County and establishing in lieu thereof an annual salary, so as to change the compensation of said clerk.

HB 862. By Representative Lord of the 105th:
A bill to provide for a supplement to the compensation of the clerk of the Superior Court of Glascock County to be paid out of the funds of Glascock County.

HB 863. By Representative Lord of the 105th:
A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County, so as to change the supplement to the compensation of the judge of the Probate Court of Glascock County.

HB 864. By Representative Lord of the 105th:
A bill to amend an Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compen sation, so as to change the compensation of said tax commissioner.

HB 865. By Representative Lord of the 105th:
A bill to amend an Act placing the Judge of the Probate Court of Washington County upon an annual salary and abolishing the fee system, so as to change the compensation of said judge.

HB 866. 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 867. By Representative Chamberlin of the 73rd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the compensation of the treasurer.

HB 868. By Representative Chamberlin of the 73rd:
A bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.

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1767

HB 869. By Representative Chamberlin of the 73rd:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the membership of the Authority.

HR 111. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment; to provide for submission of this amendment for ratification or rejection.

HR 148. By Representatives Padgett of the 86th, Nicholson of the 88th, Dent of the 85th and others:
A resolution creating the City of Augusta-County of Richmond Criminal Advisory Commission.

HR 232. By Representatives Connell of the 87th, Dent of the 85th, Nicholson of the 88th and others:
A resolution expressing the intent of the General Assembly as to a certain constitutional amendment affecting the City of Augusta.

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 371. By Senators Stephens of the 36th, Hudson of the 35th, Engram of the 34th and others: 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, as amended, so as to add a new Section 4-109.1 to said charter; to create the position of Senior Judge of the Municipal Court of the City 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.

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SB 421. By Senator Kidd of the 25th:
A bill to amend an Act creating the board of commissioners of Wilkinson County, as amended, so as to provide for a monthly expense allowance for members of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 423. By Senator Bryant of the 3rd:
A bill to amend an Act to provide for the appointment and terms of office of members of the Liberty County Industrial Authority so as to define the term "project" to include undertakings for hotel and motel facilities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 562. By Representative Russell of the 64th:,
A bill to amend an Act recreating and establishing a board of commis sioners of Barrow County, so as to change provisions relating to the ex pense allowance of members of said board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 791. By Representative Evans of the 84th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the provisions relating to the jurisdiction of the fines im posed by the recorder's court.

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1769

The report 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 794. By Representatives Moore and Smith of the 152nd and Branch of the 137th:
A bill to increase the maximum court costs which may be charged for the county law library fund in 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 809. By Representatives Oliver of the 121st and Miles of the 107th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Tattnall County into the office of tax commissioner of Tattnall 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 820. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Lamar County and providing for an annual salary, so as to change the compensation of the judge of the probate court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

HB 828. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating a new charter for the City of Hartwell, so as to prohibit the mayor or councilmen from running for certain city of fices without resigning from the office held; to change certain prohibi tions relating to officers or employees of the city running for office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 829. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation 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 830. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Hart County upon an annual salary, so as to change the compen sation of said clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 9, 1981

1771

HB 831. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, so as to change the compensation and meeting dates, times and places of the hoard of finance.

The report 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 835. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the probate judge) on a salary system of compensation, so as to change the provisions authorizing the governing authority of Clarke County to increase the base or supplementary salaries of the clerk and ordinary.

The report 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 837. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to grant to the Athens-Clarke County Industrial Development Authority created by an amendment to the Constitution of Georgia ratified at the general election held November 8, 1960, additional powers to carry out the public purpose for which it was created.

The report 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 838. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act providing for the combination of the present func tions of the Magistrate's Court of Clarke County, and the Recorder's Court of the City of Athens, so as to change the provisions regarding the salary of the judge of that 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 839. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County, so as to change the provisions authorizing the governing authority of Clarke County to increase the base and supplementary salaries of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 840. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the tax commis-

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 9, 1981

1773

HB 841. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act providing a new charter for the City of Dublin, so as to reverse the ward numbers for Wards 3 and 4; to change the method of filling vacancies for the office of Mayor or of a council member.

The report 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 836. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Clarke County, so as to change the provisions regarding compensation and ex pense allowances for the chairman and the members of the Board.

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 836 by striking everything in the bill following the word 'by" on line 16 of Page 1 and inserting in lieu thereof the following:
"designating the existing text of Section 8 as subsection (a) and adding a new subsection (b) of Section 8 to read as follows:
'(b] The Board may by resolution provide that, in addition to all other expenses and compensation allowed, the Chairman and each member of the Board may be reimbursed for actual expenses incurred in the performance of their duties in an amount not to exceed one hundred dollars ($100.00) per month. Such reimbursement of actual expenses, if so authorized, shall be in addition to the compensation and monthly expense allowance provided by subsection (a) and shall be payable under such conditions as the Board may by resolution pro vide.',
so that when so amended said Section 8 shall read as follows:
'Section 8. Compensation, (a) The Chairman of the Board shall be compensated in the amount of eight thousand four hundred dollars ($8,400.00) per annum, to be paid in equal monthly installments, and he shall also receive an annual travel and expense allowance of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly installments. The other four members of the Board shall be compensated in the amount of forty-eight hundred dollars ($4,800.00) per annum each, to be paid in equal monthly installments,

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and they shall also receive an annual travel and expense allowance of one thousand two hundred dollars ($1,200.00| per annum each, payable in equal monthly installments. Said sums shall be paid from the funds of Clarke County. The salary and expense allowance so fix ed shall constitute the entire compensation from all sources to which the Chairman or any Commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.
(b) The Board may by resolution provide that, in addition to all other expenses and compensation allowed, the Chairman and each member of the Board may be reimbursed for actual expenses incurred in the performance of their duties in an amount not to exceed one hundred dollars ($100.00) per month. Such reimbursement of actual expenses, if so authorized, shall be in addition to the compensation and monthly expense allowance provided by subsection (a) and shall be payable under such conditions as the Board may by resolution pro vide.'
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 amendment, the yeas were 48, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th

Cobb Coleman Coverdell Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th

Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy

MONDAY, MARCH 9, 1981

1775

Kidd Land Lester Littlefield McGill McKenzie Reynolds
Robinson

Scott Starr Stephens
Stumbaugh Summers Sutton Tate

Thompson Timmons Trulock
Turner Tysinger Walker Wessels

Those not answering were Senators:

Brown of 47th Bryant

Evans

Garner

Senator Hill of the 29th introduced the chaplain of the day, Dr. W. Frank Harrington, pastor of Peachtree Presbyterian Church, Atlanta, Georgia, who of fered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 149. By Senator Sutton of the 9th: A resolution commending the Colquitt County High School Band.

SR 150. By Senator Summers of the 53rd: A resolution commending Mr. Wesley H. Rucker and expressing wishes for an early and complete recovery from his illness.
SENATE RULES CALENDAR Monday, March 9, 1981
THIRTY-SECOND LEGISLATIVE DAY

HB 247. Certain Judicial Circuits--law clerk's duties and compensation (S Judy-17th)
HB 254. Chiropractic Licenses--grounds for revocation or refusal (Hum R--26th)
SR 112. Joint Task Force on Pension Issues--create (SUBSTITUTE) (Ret--9th)
SR 95. Mission and Program of Morehouse School of Medicine--General Assembly commitment (AMENDMENT) (App--39th)
SB 180. Public Retirement, Pension Systems--standards for actuarial valuations (SUBSTITUTE) (Ret-9th)
HB 23. Securities Commissioner--designate record depositories (SJudy--37th)
SB 420. Spinal-Cord Disabled--registration procedures (Hum R--25th)

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SB 134. Board of Regents--repeal Code section on allocation of funds (App--25th)
SB 409. Act Providing Treatment of Alcoholism--change effective date (Hum R--25th)
SB 229. Unclaimed Property Act--no report of abandoned property by banks (SUBSTITUTE) (BF&I-23rd)
SB 417. Physical Injury Other Than Accidental--reports to local law enforcement agency (Hum R--26th)
SB 222. Business Development Corporations--provisions for loans (BF&I--2nd)
HB 413. Municipal Home Rule Act--extending retirement to members of municipal governing authorities (C&UA-G--14th)
SB 380. Interest on Commercial Accounts--change rate (BF&I--15th)
HB 656. Architects--enforcement of Code provisions (IL&Tou--41st)
SB 410. Teaching Use of Firearm, Explosive--unlawful under certain conditions (C Aff-39th)
SB 396. Budget Report--include schedule of assets and liabilities of state retirement systems (App--9th)
HB 545. Downtown Development Authorities--create for each municipal corporation (C&UA-G--31st)
HB 540. Game and Fish Code--redefine "trapping" (NREQ--20th)
SB 407. Newly Elected Local Tax Officials--training classes those having never served (Gov Op--25th)
SB 419. State Personnel Board--provide for quorum (Gov Op--25th)
HB 217. Department of Labor--supplemental appropriation (App--12th)
SB 88. Certain State Officials--change compensation and allowances (SUBSTITUTE) (App-12th)
SB 297. Department of Human Resources--renting of certain facilities such as housing (SUBSTITUTE) (Hum R-22nd)
HB 64. Justice Courts Training Council Act--Justice of the Peace not include Judges practicing law (SUBSTITUTE) (Judy-49th)
SR 126. Senate Overview Committee--create (Gov Op-27th)
HB 576. Public Service Commission--compliance with federal law (IL&Tou--41st)
HB 249. Sheriffs' Retirement--change provisions on benefits for spouses (Ret-38th)
HB 231. Cruelty to Children--change penalty for conviction (Judy--23rd)
HB 102. Employment Discrimination Because of Age--upper age limit (SUBSTITUTE) (Judy-33rd)
HB 403. Hunting Deer--change requirements on handguns (NREQ--20th)
HB 15. Medical Assistance Act--time limitations on claims (Hum R--25th)

MONDAY, MARCH 9, 1981

1777

HB 372. Building Administrative Board Codes--county and municipal codes (C&UA-G-31st)
SB 381. Bank Holding Company--acquisition of voting shares of a bank (BF&I-2nd)
SR 122. State Capitol Preservation Commission--create (Gov Op--50th)
HB 478. Peace Officer Standards and Training Act--define "retired peace officer'' (Pub Saf-llth)
SB 342. New, Renovated Building--handicapped accessibility standards (Hum R-37th)
HB 167. Construction Industry Licensing Board--define "conditioned air contracting" (SUBSTITUTE) (IL&Tou-15th)

Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee
The following general bills of the House and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 247. By Representatives Jones of the 78th, Chamberlain of the 73rd, and Ham of the 80th:
A bill to provide for a law clerk in certain judicial circuits of this state; to provide for definitions; to provide for the law clerk's duties and compen sation.
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 Brannon Brantley Brown of 47th

Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Foster Garner Gillis Greene Hill Horton Howard

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Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie

JOURNAL OF THE SENATE

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Bowen Broun of 46th

Fincher of 54th Holloway

Land

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 254. By Representatives Fortune and Mostiler of the 71st:
A bill to amend Code Section 84-512, relating to revocation of and refusal to grant licenses to practice chiropractic, so as to include as grounds for such revocation or refusal certain conduct relating to advertising.
Senate Sponsor: Senator Greene of the 26th.

Senators Barnes of the 33rd and Garner of the 30th offered the following amendment:

Amend HB 254 by striking lines 7 through 10 on Page 3 and inserting therein the following:
"(b) The Georgia Board of Chiropractic Examiners may adopt, amend, or repeal such rules consistent with the law as may be necessary to enable it to carry into effect the provisions of this Chapter, provided, however, that the Board of Chiropractic Ex aminers shall have no authority to adopt, amend or repeal any rules, or the interpretation of any provision, concerning the definition of chiropractic as defined in Ga. Code Section 84-501 or the scope of practice of chiropractic as defined in Ga. Code Section 84-509 without first seeking the official opinion of the Attorney General of Georgia."

On the adoption of the amendment, the yeas were 5, nays 38, and the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 9, 1981

1779

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels

Not voting were Senators Holloway and Timmons.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 112. By Senators Sutton of the 9th, Land of the 16th, Tysinger of the 41st and others:
A resolution creating the Joint Task Force on Pension Issues.

The Senate Committee on Retirement offered the following substitute to SR 112:

A RESOLUTION
Creating the Joint Task Force on Pension Issues; and for other pur poses.
WHEREAS, the Joint Task Force on Pension Issues made a preliminary study of state retirement systems during the 1980 interim; and

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WHEREAS, the information gained by such study indicates that fur ther consideration of the financial status of state retirement systems is needed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Task Force on Pension Issues to be composed of 15 members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House; six citizens of Georgia appointed by the Governor; the Direc tor of the Office of Planning and Budget; the State Auditor; and the Legislative Budget Analyst. The Task Force shall hold its organizational meeting on the joint call of the President of the Senate and the Speaker of the House. At such organizational meeting, the Task Force shall elect from its own membership a chairman, vice-chairman, secretary, and any other officers it deems necessary or appropriate. The Task Force shall adopt its own rules of procedure.
BE IT FURTHER RESOLVED that the Task Force is authorized to make studies and investigations and inquire into the functions, opera tions, and financial status of public retirement or pension systems of this state. The boards of trustees or other managing bodies or officials of public retirement or pension systems as well as state and local public of ficials and employees shall cooperate fully with the Task Force to enable it to carry out its duties under this resolution.
BE IT FURTHER RESOLVED that, subject to the joint approval of the President of the Senate and the Speaker of the House of Represen tatives, the Task Force shall be authorized to employ such staff and con tract with such consultants as may be reasonably necessary for the Task Force to carry out its duties effectively under this resolution.
BE IT FURTHER RESOLVED that the legislative members of the Task Force and any citizen members of the Task Force who are not employed by the state or any agency thereof shall receive the expenses and travel allowances provided by law for legislative members of interim legislative committees for attending meetings of the Task Force or any subcommittee thereof. From the funds of their respective agencies, state officials or employees serving on the Task Force shall be reimbursed for expenses as provided by law for state employees for attending meetings of the Task Force or subcommittees thereof. Members of the Task Force shall be authorized to meet for such number of times as the Task Force finds necessary to carry out its duties under this resolution. Except as otherwise provided herein, any funds necessary to carry out the provi sions of this resolution shall come from funds appropriated or available to the legislative branch of the state government.
BE IT FURTHER RESOLVED that the Task Force shall issue a report of its findings and recommendations to the Governor and all members of the General Assembly by December 1, 1982, on which date the Task Force shall stand abolished. The Task Force may issue such interim reports prior to December 31, 1982, as it deems appropriate.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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1781

The report of the committee, which was favorable to the adoption of the resolu tion 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean

Tate

Timmons

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following bill of the House was taken up for the purpose of considering the House insisting upon the disagreement to the Senate substitute thereto:

HB 143. By Representatives Richardson of the 52nd, Felton of the 22nd, Galer of the 97th and others:
A bill to amend Code Section 74- 111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, so as to change who is required to make certain reports.

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JOURNAL OF THE SENATE

Senator Howard of the 42nd moved that the Senate adhere to the Senate substitute to HB 143 and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 143.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Howard of the 42nd, Evans of the 37th and Greene of the 26th.

The following general resolution of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SR 95. By Senators Bond of the 39th, Evans of the 37th, Hudson of the 35th and others:
A resolution reaffirming the commitment of the General Assembly to the mission and program of the Morehouse School of Medicine.

The Senate Committee on Appropriations offered the following amendment:

Amend SR 95 by adding before the last paragraph the following:
"BE IT FURTHER RESOLVED that it is the intention of the General Assembly that the State of Georgia shall provide no more than 50 percent of the total operating cost, including grants that might be made for capitation, to the Morehouse School of Medicine and that quarterly expenditure reports and certified annual audits shall be pro vided to the State Auditor and to the General Assembly on a timely basis."

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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1783

Those voting in the affirmative were Senators:

Allgood Ballard Barker
Barnes Bell Bond Bowen Brannon Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd
Fincher of 54th Foster Garner Gillis Greene Hill
Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield McGill

McKenzie Reynolds Robinson
Scott Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th

Hudgins

Land

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Dean of the 31st introduced the doctor of the day, Dr. Allan Batchelor, of Bremen, Georgia.

The following bill of the Senate was taken up for the purpose of considering the House insisting upon the House substitute thereto:

SB 1. By Senators Turner of the 8th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to provide for the regulation of certain dealers in precious metals; to provide for definitions; to provide for maintaining certain permanent records of purchases of gold, silver, or other precious metals or goods made from gold, silver, or other precious metals.

Senator Turner of the 8th moved that the Senate adhere to its disagreement to the House substitute to SB 1, and that a Conference Committee be appointed.

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On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 1.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Turner of the 8th, Thompson of the 32nd and Scott of the 43rd.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 180. By Senator Sutton of the 9th:
A bill to provide standards and requirements relative to actuarial valua tions of public retirement or pension systems created by law.

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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 23, 1981

SUBJECT: Fiscal Note--Senate Bill 180 Financial Standards for Public Retirement Systems

The two provisions of this Bill specify a title ("Financial Standards Act for Public Retirement System") and repeal conflicting laws. This Bill, as presently worded, would have no fiscal impact on any retirement system.

/s/ William M. Nixon State Auditor

Is/ Clark T. Stevens, Director Office of Planning and Budget

MONDAY, MARCH 9, 1981

1785

The Senate Committee on Retirement offered the following substitute to SB 180:

A BILL
To be entitled an Act to require periodic actuarial valuations for state retirement systems; to provide for a short title; to provide for definitions; to provide specific requirements for actuarial valuations; to provide for distribution of actuarial valuation reports; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be known and may be cited as the "State Retirement Systems Reporting Act."
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the follow ing meanings:
(a) "State retirement system" means any of the following retirement or pension systems:
(1) The Teachers' Retirement System created by the Act approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended.
(2) The Employees' Retirement System of Georgia created by the Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended.
(3) The Public School Employees Retirement System created by the Act known as the "Act Creating the Public School Employees Retirement System," approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended.
(4) The Peace Officers Annuity and Benefit Fund created by the Act approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended.
(5) The Georgia Legislative Retirement System created by the Act approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended.
(6) The Trial Judges and Solicitors Retirement Fund created by the Act approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended.
(7) The Georgia Firemen's Pension Fund created by the Act ap proved March 3, 1955 (Ga. Laws 1955, p. 339), as amended.
(8) The Judges of the Probate Courts Retirement Fund of Georgia created by the Act approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended.
(9) The Sheriffs Retirement Fund of Georgia created by the Act approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended.

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(10) The Superior Court Clerks' Retirement Fund of Georgia created by the Act approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended.
(11) The District Attorneys Emeritus System created by the Act approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended.
(12) The Superior Court Judges Retirement Fund created by the Act approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended.
(13) The Superior Court Judges Retirement System created by the Act approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended.
(14) The District Attorneys Retirement System created by the Act approved April 10, 1978 (Ga. Laws 1978, p. 2173), as amended.
(b) "Managing body" means the board of trustees or other body or officer of a state retirement system charged by law with the control and management of the retirement fund of such system and authoriz ed to make investments of the retirement funds of such system.
Section 3. Actuarial valuations, (a) The managing body of each state retirement system shall contract with or otherwise obtain the services of an enrolled actuary for the purpose of obtaining a complete actuarial valuation of the retirement system at least once every five years.
(b) The actuarial valuation required by subsection (a) shall include, but is not limited to, the following:
(1) A description and explanation of the actuarial assumptions us ed which shall include the following factors:
(A) Normal retirement age.
(B) Early retirement age.
(C) Deferred retirement age.
(D) Salary scale.
(E) Mortality, including the designation of the tables used.
(F) Disability and disability recovery.
(G) Voluntary and involuntary termination.
(H) Return on investments.
(I) New entrants into the system.
(J) Cost of living adjustments in benefits when applicable.
(K) Actuarial value of assets.

MONDAY, MARCH 9, 1981

1787

(L) Total annual payroll cost.
(M] Administrative expenses.
(2) A statement of the amount of unfunded liabilities of the retire ment system and a description of the plan or schedule to amortize such unfunded liabilities and a description of the status of such plan or schedule at the time the actuarial valuation is made.
(3) A review comparing actual salary increases and rate of return on investment for the five-year period preceding the actuarial valua tion with the assumptions used in both the preceding and current ac tuarial valuation. Based on the review, a trend analysis shall also be included.
(4) A review comparing the actual experience in mortality, retire ment age, and rate of withdrawal from the retirement system for the five-year period preceding the actuarial valuation with the assump tions used in both the preceding and current actuarial valuation. Based on the review, a trend analysis shall also be included.
(5) A description of any discrepancies between data furnished to the actuary for the actuarial valuation and the data actually used by the actuary for the valuation.
(6) A statement of the actuary that the actuarial valuation is com plete and accurate and that in the actuary's opinion the methodology and assumptions used are reasonable as a basis for the actuarial valua tion and that the actuarial is in compliance with the requirements of this Act.
(c) In addition to the requirements of subsection jb), the actuarial valuation shall include an analysis of the relative sensitivity of each actuarial assumption used for the actuarial valuation. Such analysis shall include projections based on increments on both sides of the ac tuarial assumptions actually used for the actuarial valuation.
(d) In the event any state retirement system uses an actuarial methodology other than entry age normal, the actuary making the ac tuarial valuation required by this Act shall convert the methodology used by the retirement system to entry age normal for the purposes of the actuarial valuation required by this Act.
Section 4. Distribution of report; first report, (a) The actuary com pleting the actuarial valuations required by this Act shall submit a copy of the report of such valuation to the Governor, the State Auditor, the Director of the Office of Planning and Budget, the managing body of the state retirement system, and to each member of the House and Senate Committees on Appropriations and Retirement.
(b) The first actuarial valuation required by this Act shall be com pleted by July 1, 1982, and shall be distributed as provided by subsection (a) by September 1, 1982.
Section 5. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed.

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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 Horace E. Tate, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 26, 1981

SUBJECT: Fiscal Note--Senate Bill 180 (Substitute) State Retirement Systems Reporting Act

This Bill provides for complete actuarial valuations to be performed at least once every five years for 14 state retirement or pension systems. The Bill also specifies the type of information that must be included in the valuations and specifies that they must be based on the entry age nor mal actuarial method.

Currently 10 of the 14 systems have actuarial valuations done every five years. It is estimated that the cost of having valuations (with the re quired type of information) performed every five years for the other four systems would be approximately $1,000 each for the two systems and $5,000 each for the remaining two.

Of the 10 systems with valuations, four use the entry age normal method required by the Bill and six use different methods. The fiscal im pact for the six to start using the required entry age normal method is considered to be minimal since valuations are done anyway. Additional costs incurred by the 10 systems for their actuaries to provide all the type data specified by this Bill cannot be determined without a detailed analysis and cost estimate by the respective systems' actuaries.

Is/ William M. Nixon State Auditor

/s/ Clark T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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1789

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Lester

Those not voting were Senators:

Land

Littlefield

McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
McKenzie

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President announced the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 23. By Representatives Home of the 104th and Pinkston of the 100th:
A bill to amend an Act regulating the sale of securities in this state, known as the "Georgia Securities Act of 1973", so as to empower the Commissioner of Securities to designate record depositories.
Senate Sponsor: Senator Evans of the 37th.

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 vote was as follows:

Those voting in the affirmative were Senators:

Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hudson Kennedy Kidd Land Lester

Those not voting were Senators:

Allgood Ballard Barker Barnes Broun of 46th Engram

Hill Holloway Horton Howard Hudgins Littlefield

McGill McKenzie Scott Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Wessels
Reynolds Robinson Starr Timmons Walker

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 420. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-34, relating to registration of spinalcord disabled, so as to change the provisions relating to registration pro cedures; to change the provisions relating to the duties of the Depart ment of Human Resources; to provide an effective date.

Senator Kidd of the 25th offered the following amendment:

Amend SB 420 by striking on Page 2, line 11, subsection (a) in its en tirety:
"(a) The Department shall establish procedures whereby a spinalcord-disabled person for whom a report is made under this Chapter shall be referred to appropriate public or private departments or agen cies for treatment and rehabilitative services unless such disabled per son, or such person's immediate family or guardian if such person is

MONDAY, MARCH 9, 1981

1791

unable to give consent, refuses to consent to such referral; provided, that such referrals shall be made notwithstanding such failure to ob tain consent if the disabled person is a recipient of State funds to maintain such person including, but not limited to, Aid to Families with Department Children and Workers' Compensation.'',
an inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Department shall establish procedures whereby a spinalcord-disabled person for whom a report is made under this Chapter shall be referred with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative ser-

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Howard Hudson Kennedy Kidd Land Lester Littlefield

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bowen Broun of 46th Engram

Hill Holloway Horton Hudgins

On the passage of the bill, the yeas were 44, nays 0.

McGill McKenzie Tate Thompson

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

SB 134. By Senator Kidd of the 25th:
A bill to amend Code Chapter 32-1, relating to the board of regents and the university system, as amended, so as to repeal a specific Code section relating to allocation of funds by the board of regents.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Brannon Cobb English Gillis Greene Hill

Hudgins Kennedy Kidd Littlefield McGill Reynolds

Robinson Scott Stephens Timmons Walker

Those voting in the negative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Coleman Coverdell Deal

Dean Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Holloway Horton Howard Hudson Land

Lester McKenzie Starr Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Wessels

Not voting was Senator Bryant.

On the passage of the bill, the yeas were 17, nays 38.

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 SB 134.

MONDAY, MARCH 9, 1981

1793

SB 409. By Senator Lester of the 23rd:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to change the date on which the provisions of the Act become effective; to provide an effective date for this Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Hudson and Stephens.

Those not voting were Senators:

Evans Hill

Robinson

On the passage of the bill, the yeas were 50, nays 2.

Trulock

The bill, having received the requisite constitutional majority, was passed.

Senator Lester of the 23rd moved that SB 409 be immediately transmitted to the House.

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JOURNAL OF THE SENATE

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 409 was immediately transmitted to the House.

Senator Starr of the 44th assumed the Chair at the direction of the President.

SB 229. By Senator Lester of the 23rd:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act", as amended, so as to delete the report of abandoned property by banking or financial organizations.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 229:

A BILL
To be entitled an Act to amend an Act known as the "Disposition of Unclaimed Property Act," approved April 3, 1972 (Ga. Laws 1972, p. 762), as amended, so as to require every banking or financial organiza tion to report and deliver unclaimed property to the state revenue com missioner; to provide for the filing of initial reports; to provide that no banking or financial organization shall deduct an account maintenance charge or otherwise impose an account maintenance charge in excess of a certain amount each month on any account on which there has been no deposit or withdrawal for 12 or more months; to provide for other mat ters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Disposition of Unclaimed Property Act," approved April 3, 1972 (Ga. Laws 1972, p. 762), as amended, is hereby amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. Report of abandoned property held by banking or financial organizations, (a) Every person holding funds or other prop erty, tangible or intangible, presumed abandoned under Section 3 of this Act and every banking or financial organization holding funds or other property, tangible or intangible, presumed abandoned under Section 8 shall report to the state revenue commissioner with respect to the property as hereinafter provided.
(b) The report shall be verified and shall include:
(1) The name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $25.00 or more presumed abandoned under Section 3 or Section 8 of this Act;

MONDAY, MARCH 9, 1981

1795

(2) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and
(3) Other information which the state revenue commissioner prescribes by rule as necessary for the administration of this section.
(c) If the person holding property presumed abandoned is a suc cessor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the prop erty, he shall file with his report all prior known names and addresses of each holder of the property.
(d) The report shall be filed before November 1 of each year as of June 30 next preceding. The state revenue commissioner may post pone the reporting date upon written request by any person required to file a report.
(e) If the holder of property presumed abandoned under this sec tion knows the whereabouts of the owner and if the owner's claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.
(f) Verification shall be executed by an officer of the banking or financial organization.
(g) The initial report filed under this section shall be filed by November 1, 1981.
(h) No banking or financial organization shall deduct a service charge from any account on which there has been no deposit or withdrawal for 12 or more months or otherwise impose a service charge on any such account. A service charge may be imposed for 12 months immediately following a deposit to or withdrawal from any such account."
Section 2. Said Act is further amended by striking subsections (a) and jd) of Section 14 in their entirety and inserting in lieu thereof new subsections (a) and (d) of Section 14 to read as follows:
"(a) Within 120 days from the filing of the report required by Sec tion 12 or Section 13, the state revenue commissioner shall cause notice to be published at least once each week for two successive weeks in an English language newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the ad dress is outside this state, the notice shall be published in the county in which the holder of the abandoned property has his principal place of business within this state.

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(d) Within 120 days from the receipt of the report required by Sec tion 12 or Section 13, the state revenue commissioner shall mail a notice to each person having an address listed therein who appears to be entitled to property of the value of $25.00 or more presumed aban doned under this Act."
Section 3. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. Payment or delivery of abandoned property. Every person who has filed a report as provided by Section 12 or Section 13 shall, within 20 days after the time specified in Section 14 for claiming the property from the holder, pay or deliver to the state revenue com missioner all abandoned property specified in the report, except that, if the owner establishes his right to receive the abandoned property to the satisfaction of the holder within the time specified in Section 14 or if it appears that for some other reason the presumption of abandon ment is erroneous, the holder need not pay or deliver the property, which will no longer be presumed abandoned, to the state revenue commissioner, but in lieu thereof shall file a verified written explana tion of the proof of claim or of the error in the presumption of aban donment."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 31, nays 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:

Ballard Barker Barnes Bell
Bond Bowen Brannon Brantley Brown of 47th
Bryant Cobb

Coleman Coverdell Deal Dean
Eldridge English Engram Fincher of 54th Foster
Garner Gillis

Greene Hill Horton Howard
Hudgins Hudson Kennedy Land Lester
Littlefield McGill

McKenzie Reynolds Robinson Scott Stephens

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1797

Stumbaugh Summers Tate Thompson Trulock

Turner Tysinger Walker Wessels

Voting in the negative were Senators Kidd and Sutton.

Those not voting were Senators:

Allgood Broun of 46th Evans

Fincher of 52nd Holloway

Starr (presiding) Timmons

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 229.

SB 417. By Senator Greene of the 26th:
A bill to amend Code Section 88-1913, relating to reports of incidents of physicial injury or injuries by other than accidental means by certain per sonnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene

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Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd
Land

Lester McGill McKenzie Robinson Scott Stephens Stumbaugh Summers

Those not voting were Senators:

Barker Bowen Evans

Littlefield Reynolds

Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels
Starr (presiding) Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 222. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 41A-34, relating to business development corporations, as amended, so as to provide that members may voluntari ly make loans to a business development corporation that are not subject to the restrictions specified for loans which they are obligated to make and to modify certain of such restrictions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley
Brown of 47th Bryant

Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans
Fincher of 52nd Fincher of 54th

Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins
Hudson Kennedy

MONDAY, MARCH 9, 1981

1799

Kidd Lester Littlefield McGill McKenzie Robinson

Scott Stephens Stumbaugh Sutton Tate Thompson

Those not voting were Senators:

Broun of 46th Land

Reynolds Starr (presiding!

Timmons Trulock Turner Tysinger Walker Wessels
Summers

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 413. By Representatives Thomas and Johnson of the 66th:
A bill to amend an Act known as the Municipal Home Rule Act of 1965, so as to provide for extending retirement and other benefits to members of the municipal governing authority.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell
Dean Eldridge English

Engram Fincher of 52nd Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins
Kennedy Land Lester

Littlefield McGill McKenzie Robinson Stumbaugh Summers Tate Timmons Trulock Turner Tysinger
Walker Wessels

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Those voting in the negative were Senators:

Barnes Bell Brannon Deal

Evans Kidd Reynolds Scott

Stephens Sutton Thompson

Those not voting were Senators:

Ballard Fincher of 54th

Hudson

Starr (presiding)

On the passage of the bill, the yeas were 41, nays 11.

The bill, having received the requisite constitutional majority, was passed.

Senator Scott of the 43rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 413.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 380. By Senator Hudgins of the 15th:
A bill to amend Code Section 57-111, relating to the rate of interest on commercial accounts, so as to change the rate of interest on commercial accounts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Dean Eldridge English Engram Fincher of 52nd Foster Garner Gillis Horton

Howard Hudgins Kennedy Kidd Land Lester Littlefield McKenzie Reynolds Scott Sutton

MONDAY, MARCH 9, 1981

1801

Tate Thompson Timmons

Trulock Turner Tysinger

Those voting in the negative were Senators:

Ballard Barker
Deal

Greene Hill

Walker Wessels
McGill Starr

Those not voting were Senators:

Evans Fincher of 54th Holloway (presiding)

Hudson Robinson Stephens

Stumbaugh Summers

On the passage of the bill, the yeas were 41, nays 7.

The bill, having received the requisite constitutional majority, was passed.

HB 656. By Representative McDonald of the 12th:
A bill to amend Code Chapter 84-3, relating to architects, so as to provide for the enforcement of the provisions of said Code chapter; to prohibit the construction of certain buildings until compliance with this Code chapter.
Senate Sponsor: Senator Tysinger of the 41st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Gillis

Greene Hill Horton Howard Hudson Kennedy Land Lester McGill McKenzie Reynolds

1802
Scott Starr Stephens Stumbaugh Summers

JOURNAL OF THE SENATE

Sutton Tate
Thompson Timmons Trulock

Turner Tysinger
Walker Wessels

Voting in the negative were Senators Brannon and Kidd.

Those not voting were Senators:

Barker Fincher of 52nd Garner

Holloway (presiding) Hudgins

Littlefield Robinson

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed.

SB 410. By Senators Bond of the 39th and Tate of the 38th:
A bill to provide that it shall be unlawful for any person to teach or demonstrate to any other person the use, application, or fabrication of any firearm, any explosive or incendiary device, or any technique capable of causing injury or death under certain conditions; to provide for definitions; to provide for penalties; 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 Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coverdell

Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill

Horton Howard Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott

Starr Stephens Stumbaugh Summers

MONDAY, MARCH 9, 1981

1803

Button Tate Thompson Timmons

Trulock Turner Tysinger

Voting in the negative was Senator Hudson.

Those not voting were Senators:

Ballard Broun of 46th Coleman

Garner Holloway (presiding) Hudgins

Walker Wessels

On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed.

Senator Bond of the 39th moved that SB 410 be immediately transmitted to the House.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 410 was immediately transmitted to the House.

SB 396. By Senators Sutton of the 9th, Land of the 16th, Tysinger of the 41st and others:
A bill to amend Code Section 40-406, relating to the form and content of the budget report, as amended, so as to provide that the budget report shall include schedules of assets and liabilities of state supported retire ment and pension systems.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Barker Barnes Bell Bond Bowen Brannon

Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal

Dean
Eldridge English Engram Evans Fincher of 52nd Fincher of 54th

1804

JOURNAL OF THE SENATE

Foster Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd
Land

Lester
Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh

Those not voting were Senators:

Ballard Broun of 46th Garner

Gillis Holloway

Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Tate

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 545. By Representatives Harris of the 8th, Snow of the 1st, Walker of the 115th and others:
A bill to create downtown development authorities in and for each municipal corporation of the State. 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:

Allgood Barker Barnes Bell Bowen Brannon Brown of 47th Bryant Cobb Coleman Coverdell Dean

Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard

Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Robinson Stephens Stumbaugh

MONDAY, MARCH 9, 1981

1805

Summers Sutton Tate

Thompson Timmons Trulock

Those voting in the negative were Senators:

Ballard Deal

Reynolds Scott

Those not voting were Senators:

Bond Brantley

Broun of 46th Evans

Turner Walker Wessels
Tysinger
Holloway (presiding) Starr

On the passage of the bill, the yeas were 45, nays 5.

The bill, having received the requisite constitutional majority, was passed.

HB 540. By Representatives Rainey of the 135th, Peters of the 2nd and Hays of the 1st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to revise the definition for the term "trapping"; to revise the provi sions pertaining to conservation rangers; to delete the provisions pertain ing to wildlife technicians; to add certain animals to the list of nongame species that can be lawfully taken.
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 Bowen Brannon Brantley Brown of 47th Bryant Cobb

Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis

Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie

1806

JOURNAL OF THE SENATE

Reynolds Robinson Scott Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons

Trulock Turner Tysinger Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Broun of 46th

Garner

Holloway (presiding)

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 407. By Senator Kidd of the 25th:
A bill to provide for training classes in all areas of county taxation to be attended by certain newly elected local tax officials; to provide for the costs of such classes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Howard Hudgins Kennedy Kidd Lester McGill

McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

MONDAY, MARCH 9, 1981

1807

Those not voting were Senators:

Broun of 46th Bryant Greene

Holloway (presiding) Hudson Land

Littlefield Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Lester of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 407.

SB 419. 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 provide for the quorum of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Horton Howard Hudson Kennedy Kidd Land

Lester McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Wessels

1808

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Holloway (presiding) Hudgins

Littlefield Robinson

Stumbaugh Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Gillis of the 20th assumed the Chair.

HB 217. By Representative Daugherty of the 33rd:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the unemployment trust fund by the Secretary of the Treasury of the United States.
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal
Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Greene Hill Holloway Horton Hudson Kennedy Kidd
Land

Lester McGill Reynolds Robinson Scott Starr Stephens Button Tate Thompson Timmons Trulock Turner Tysinger Walker
Wessels

MONDAY, MARCH 9, 1981

1809

Those not voting were Senators:

Broun of 46th Gillis (presiding) Howard

Hudgins Littlefield McKenzie

Stumbaugh Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

SB 14. By Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th:
A bill to amend an Act relating to health insurance coverage for State employees, as amended, so as to provide a new definition for the term "employee"; to define the term "a person who works full time for the State"; to increase the maximum employer contribution from five per cent to eight percent of the total outlay for personal services.

The Conference Committee report on SB 14 was as follows:

President:
Mr. Speaker:
Your Conference Committee on Senate Bill 14 has met and submits the following report and recommendations:

That the House recede from its position and that Senate Bill 14, as passed by the Senate, be adopted.

Respectfully submitted,

I si E. Roy Lambert Representative, 112th District
Is/ Robert E. Argo, Jr. Representative, 63rd District
Isl Billy Milford Representative, 13th District

Is/ Terrell Starr Senator, 44th District
I si Hugh M. Gillis, Sr. Senator, 20th District
Is/ W. D. Ballard Senator, 45th District

1810

JOURNAL OF THE SENATE

Senator Starr of the 44th moved that the Senate adopt the Conference Commit tee Report on SB 14.

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 Bowen Brannon Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester McGill McKenzie

Those not voting were Senators:

Bond Brantley

Broun of 46th Holloway (presiding)

Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins Littlefield

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 14.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 88. By Senators Holloway of the 12th and Allgood of the 22nd: A bill to amend an Act providing for the compensation and allowances of certain state officials, as amended, so as to provide for a change in the compensation and allowances of certain officials; to provide for matters relative thereto; to provide an effective date.

MONDAY, MARCH 9, 1981

1811

The Senate Committee on Appropriations offered the following substitute to SB 88:

A BILL
To be entitled an Act to amend an Act providing for the compensa tion and allowances of certain state officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4), an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), an Act approved March 20, 1980 (Ga. Laws 1980, p. 756), an Act approved March 20, 1980 (Ga. Laws 1980, p. 758), and an Act ap proved March 24, 1980 (Ga. Laws 1980, p. 925), so as to provide for a change in the compensation of the Justices of the Supreme Court and the Judges of the Court of Appeals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the compensation and allowances of certain state officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4), an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), an Act approv ed March 20, 1980 (Ga. Laws 1980, p. 756), an Act approved March 20, 1980 (Ga. Laws 1980, p. 758), and an Act approved March 24, 1980 (Ga. Laws 1980, p. 925), is hereby amended by striking from Section 2 subsec tions (18) and (19), relating to Justices of the Supreme Court and Judges of the Court of Appeals, in their entirety and inserting in lieu thereof new subsections (18) and (19) of Section 2 to read as follows:
"(18) Each Justice of the Supreme Court 55,000
(19) Eachjudgeof the Court of Appeals 54,500"

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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

Bowen Brantley Broun of 46th

1812
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Fincher of 52nd Fincherof 54th Foster Garner

JOURNAL OF THE SENATE

Gillis Greene Hill Horton Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson

Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Voting in the negative were Senators Brannon and Sutton.

Those not voting were Senators:

Evans Holloway (presiding)

Howard

Hudgins

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and put upon its adoption:

SR 153. By Senators Broun of the 46th, Holloway of the 12th and Allgood of the 22nd:
A resolution relative to adjournment of the General Assembly of Georgia at 5:00 o'clock P.M. on Thursday, March 12, 1981, and to reconvene at 10:00 o'clock A.M. on Monday, March 16, 1981.

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite majority, was adopted.

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:

MONDAY, MARCH 9, 1981

1813

SB 297. By Senators Allgood of the 22nd and Brannon of the 51st:
A bill to amend Code Section 88-108, relating to the duties, functions, and powers of the Department of Human Resources, as amended, so as to add a provision to clearly authorize the renting of certain facilities such as housing or other units fit for occupancy.

The Senate Committee on Human Resources offered the following substitute to SB 297:
A BILL
To be entitled an Act to amend Code Section 88-108, relating to the duties, functions, and powers of the Department of Human Resources, as amended, so as to add a provision to clearly authorize the renting of certain facilities such as housing or other units fit for occupancy; to clear ly allow the imposition and collecting of reasonable fees or rent for such accommodations and the payment of such fees or rents into the state treasury; to unequivocally authorize the Department of Human Resources to maintain, rehabilitate and generally improve the physical condition of such housing; to provide a method for the Department of Human Resources to draw on the state treasury for such maintenance ef forts; to maintain the proper legal status of those employees for whom a determination has been made that such employees may have an existing right under certain conditions to housing; to provide for severability; 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 88-108, relating to the duties, functions, and powers of the Department of Human Resources, as amended, is hereby amended by adding at the end thereof a new subsection (m) to read as follows:
"(m) To allow the Department, acting on behalf of the State of Georgia, to rent and make available a possessory right to certain employees or agents of the Department to residential housing, apart ments, or living units under the custody of the Department. Not withstanding any other law to the contrary, this general power shall be broadly construed to allow the Department to grant, by ap propriate instruments, the extent of the right to be conveyed provided that the right does not exceed one year's duration in order that such conveyance may be made without prior appraisal, without a plat and without public bidding procedures, and shall be made for such con sideration as may be agreed upon between the Department, on behalf of the State of Georgia, and the other parties to such conveyance. The Department shall impose and collect rents, charges, or fees by whatever name to fairly compensate for the right together with any utility or maintenance charges which normally attach. Such rents, charges, or fees shall be paid into the state treasury. In those instances where employees may have been granted or obtained certain legal or administrative rights to existing housing, this law shall not diminish such rights although nothing herein shall enlarge such rights nor be construed as a prohibition to alter a voluntary adjustment of such rights between the parties."

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JOURNAL OF THE SENATE

Section 2. In recognition of the divergent methods in which utilities are transmitted and delivered to the facilities, housing and other residen tial and living units which are under the general control of the Georgia Department of Human Resources, it is the intent of this Act to authorize the Department of Human Resources to devise a mechanism which will be equitable and fair and implemented in such a manner that all in dividuals occupying such units will be financially responsible for the payment of the actual utility cost (on either an actual or estimated basis) as such cost is reasonably calculated for the space occupied. Where ac tual charges can be determined based on utility metering devices, those particular occupants will be charged for the actual usage at prevailing ap plicable rates. Where metering is not feasible, the utility charges in nonmetered residences will be based on the actual cost as charged the parent institution with individual charges being determined by the engineering department which will estimate the usage based on the number of airconditioners, appliances, heating equipment in conjunction with the ac tual space utilized and other commonly recognized engineering features which would be reasonably accurate in determining actual usage.
Section 3. The Department of Human Resources is authorized to make expenditures as needed in order to rehabilitate, maintain and im prove housing in order that the investment of the public may be preserv ed. Furthermore, such costs, expenses and maintenance charges shall be clearly reflected according to commonly accepted accounting methods and, in order that the Georgia Department of Human Resources capture such funds, this schedule shall be defined and identified by those funds calculated for both collection and other rentals produced by the Depart ment's facilities. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from the appropriate section of any future Appropriations Act or other legislation which relates to the ac cumulation of such funds which are accumulated as a result of the Department's utilization and maintenance of such facilities. The transfer hereby authorized to the Office of Planning and Budget shall be made to the Georgia Department of Human Resources' 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 from agency fund collections.
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. 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.

MONDAY, MARCH 9, 1981

1815

Senator Allgood of the 22nd moved that SB 297 be placed on the Table.

On the motion, the yeas were 35, nays 0; the motion prevailed and SB 297 was placed on the Table.

SR 126. By Senators Robinson of the 27th, Barker of the 18th, Garner of the 30th and others:
A resolution creating the Senate Overview 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting was Senator Holloway (presiding].

On the adoption of the resolution, the yeas were 55, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

1816

JOURNAL OF THE SENATE

The President resumed the Chair.

HB 576. By Representatives Robinson of the 58th, McDonald of the 12th, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Cogeneration Act", to as to provide for the compliance with federal law by the Georgia Public Ser vice Commission.
Senate Sponsor: Senator Tysinger of the 41st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Garner Gillis Greene Hill Horton Howard Kennedy Kidd Land Lester

Those not voting were Senators:

Coverdell Foster Holloway

Hudgins Hudson McKenzie

Littlefield McGill Reynolds Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Robinson Starr

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 9, 1981

1817

HB 249. By Representatives Johnson of the 72nd, Clark of the 13th, Matthews of the 145th and Childs of the 51st:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to benefits for spouses.
Senate Sponsor: Senator Tate of the 38th.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 2, 1981

SUBJECT: Fiscal Note-House Bill 249 Sheriffs' Retirement Fund

This Bill would make the following revisions to that portion of cur rent law concerning payment of retirement and death benefits.

1. The word "spouse" would be substituted for the word "wife" in that portion of the law regarding the payment of joint annuities.

This provision would have no fiscal impact.

2. Benefits paid to a surviving spouse would be discontinued should the spouse remarry.

Any fiscal impact resulting from this provision would be favorable.

3. Death benefit payments would be made to the surviving spouse of an active member whose death occurs before retirement regardless of the member's retirement eligibility. The benefit payment would be bas ed on the member's credited service at the time of death. Under current law, active members (still serving as sheriff) must have served at least four years as sheriff and reached age 55 at time of death for the surviving spouse to be eligible for death benefits. This is in addition to the $3,000 lump sum death benefit payment.

In a letter dated January 26, 1981, the Fund's actuary indicated that this provision would increase the Fund's annual accrual cost (normal cost plus net amortization amounts) by $17,985 (from $543,440 to $561,425). The actuary also indicated that the Fund would remain in an

1818

JOURNAL OF THE SENATE

actuarially sound funding position since estimated contributions would be sufficient to cover costs (including the cost of the new death benefit). Total estimated revenue from member contributions and court fines for 1981 is $626,000; in fiscal year 1979 the Fund collected $652,783 in court fines and $47,100 in members' dues.

Is/ William M. Nixon State Auditor

/si 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.

On the 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English

Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Holloway

Robinson

Stumbaugh

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 9, 1981

1819

HB 231. By Representatives Padgett of the 86th, Cheeks of the 89th and Nicholson of the 88th:
A bill to amend Code Section 26-2801, relating to cruelty to children, so as to change the penalty for a conviction of cruelty to children.
Senate Sponsor: Senator Lester of the 23rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Not voting were Senators Coverdell and English. On the passage of the bill, the yeas were 54, nays 0.

HB 102. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend an Act prohibiting unjust discrimination in employment because of age, so as to change the upper age limit of said provision.
Senate Sponsor: Senator Barnes of the 33rd.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to HB 102:

A BILL
To be entitled an Act to amend an Act prohibiting unjust discrimina tion in employment because of age, approved April 5, 1971 (Ga. Laws 1971, p. 384), so as to change the upper age limit of said provision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act prohibiting unjust discrimination in employment because of age, approved April 5, 1971 (Ga. Laws 1971, p. 384), is hereby amended by striking Section 1 and inserting in lieu thereof the following new Section 1:
"Section 1. No person, firm, association or corporation, carrying on or conducting within this State, any business requiring the employ ment of labor, shall refuse to hire, employ, or license, or bar or discharge from employment, any individual between the ages of forty and seventy years, solely and upon the ground of age; when the reasonable demands of the position do not require such an age distinc tion; provided that such individual is well versed in the line of business carried on by such person, persons, firm, association or cor poration, and is qualified physically, mentally and by training and ex perience to satisfactorily perform the labor assigned to him or for which he applies. Nothing herein shall affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this Act. When the retirement or insurance benefit program of any employer shall prohibit the employ ment of any person because of excessive age, such person shall have the authority, as a condition of employment, to waive the right to par ticipate in any such program and receive any benefits therefrom. Nothing in this Act shall be construed to prohibit compulsory retire ment of any employee who has attained 65 years of age but not 70 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate non forfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the ag gregate, at least $27,000.00."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

MONDAY, MARCH 9, 1981

1821

On the 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 Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

Littlefield McGill McKenzie Reynolds Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th English

Fincher of 52nd Robinson

On the passage of the bill, the yeas were 50, nays 0.

Starr Summers

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

HB 403. By Representatives Rainey of the 135th, Irvin of the 10th, Twiggs of the 4th and others:
A bill to amend Code Section 45-503, relating to legal weapons for hunt ing, so as to change the requirements pertaining to handguns for hunting deer.
Senate Sponsors: Senators Gillis of the 20th and 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English

Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Brantley Coverdell

Fincher of 52nd Holloway (presiding)

Tysinger

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 15. By Representatives Parham of the 109th and Baugh of the 108th:
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 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

Bowen Brannon Brantley

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1823

Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster

Garner Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill

Those not voting were Senators:

Coverdell Holloway (presiding)

McKenzie Starr

Reynolds Robinson Scott Stephens Stumbaugh Summers Thompson Timmons Trulock Turner Tysinger Walker Wessels
Sutton Tate

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 372. By Representatives Isakson of the 20th, Johnson of the 66th, Foster of the 6th and others:
A bill to amend an Act providing for the transfer of functions, personnel, and equipment of the State Building Administrative Board to the State Department of Community Affairs, so as to clarify the authority of coun ty and municipal governments to adopt and enforce codes other than the state codes.
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:

Allgood Ballard Barker
Barnes Bell Bond

Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant

Cobb Coleman Coverdell
Deal Dean Eldridge

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English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton
Howard

Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill Robinson Scott Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway (presiding) McKenzie

Reynolds

Starr

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 381. By Senator Wessels of the 2nd:
A bill to amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, as amended, so as to make the provisions thereof conform to the definition of "bank holding company" as found in paragraph (3) of subsection (a) of Code Section 13-207.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bell Bond Bowen Brantley Broun of 46th Bryant Cobb Coleman

Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner

Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Land Lester

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Littlefield McGill McKenzie Reynolds Robinson Scott

Stephens Stumbaugh Summers Sutton Tate Thompson

Those voting in the negative were Senators:

Ballard

Brannon

Those not voting were Senators:

Holloway (presiding)

Starr

Timmons Trulock Turner Walker Wessels
Brown of 47th
Tysinger

On the passage of the bill, the yeas were 50, nays 3.

The bill, having received the requisite constitutional majority, was passed.

SR 122. By Senators Foster of the 50th, Allgood of the 22nd, Evans of the 37th and others:
A resolution creating the State Capitol Preservation 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge

English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Hudson Kennedy Kidd Land Lester Littlefield

McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels

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Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Bond Evans

Holloway (presiding)

Starr

On the adoption of the resolution, the yeas were 51, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HB 478. By Representative Lee of the 72nd: A bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", so as to define "retired peace officer"; to provide for the registration of exempt peace officers. Senate Sponsor: Senator Timmons of the 11th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bowen Brannon Broun of 46th
Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge English
Engram

Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Horton Howard Hudson Kennedy Kidd Land Lester
Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger
Walker Wessels

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Those not voting were Senators:

Bond Brantley

Holloway (presiding)

Hudgins

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on March 4 and postponed until March 9, was put upon its passage:
SB 342. By Senators Evans of the 37th and Hudson of the 35th: A bill to amend an Act providing that all government buildings, public buildings, and facilities newly constructed or substantially renovated shall be accessible to and usable by handicapped, elderly, and disabled persons, as amended, so as to change the definitions to reflect specific standards.
Senator Evans of the 37th moved that SB 342 be committed to the Committee on Special Judiciary.
On the motion, the yeas were 46, nays 0; the motion prevailed, and SB 342 was committed to the Committee on Special Judiciary.
The following general bill of the House, having been read the third time and passed on March 5, and reconsidered previously today, was put upon its passage:
HB 167. By Representatives Isakson of the 20th, Adams of the 36th, Lane of the 40th and others: A bill to amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, so as to change the definition of a certain term; to change the provisions relating to powers and duties of divisions within the board. Senate Sponsors: Senators Hudgins of the 15th and Howard of the 42nd.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Broun of 46th Cobb Coleman Deal Dean Eldridge

English Engram Evans Foster Garner Gillis Greene Hill Horton Hudgins Hudson Kidd Land Lester

Those voting in the negative were Senators:

Brown of 47th Bryant Coverdell Fincher of 52nd

Howard Kennedy Littlefield McGill

Reynolds Robinson Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Trulock Tysinger Wessels
McKenzie Turner Walker

Those not voting were Senators:

Brantley Fincher of 54th

Holloway (presiding)

Summers

On the passage of the bill, the yeas were 41, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 64. By Representatives Sizemore of the 136th, Evans of the 84th, Walker of the 115th and others: A bill to amend "The Georgia Justice Courts Training Council Act", so as to redefine the term "justice of the peace" to exclude judges who are practicing attorneys. Senate Sponsor: Senator Deal of the 49th.
Senator Howard of the 42nd moved that HB 64 be postponed until March 10.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 64 was postponed until March 10.

MONDAY, MARCH 9, 1981

1829

The following uncontested, local resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 271. By Representatives Cason of the 96th, Buck of the 95th, Galer of the 97th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the valuation of certain homestead property in Muscogee County for pur poses of ad valorem taxation for school and consolidated city-county government purposes; to provide for other matters relative to the forego ing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following paragraph:
"Subject to the conditions and limitations specified by law, homestead property in Muscogee County shall be valued for purposes of ad valorem taxation for school and city-county consolidated government purposes based upon the fair market value of the proper ty as of January 1, 1983; or as of January 1 of the first year when homestead exemption is allowed and claimed after January 1, 1983; or as of January 1 of the year following the last change of ownership after January 1, 1983, whichever is later. The value of any im provements which are made after the base fair market value is established and which require a building permit to be obtained shall be added to the established base fair market value. The provisions of this paragraph shall apply with respect to valuation of any homestead property only so long as the property is actually occupied by the owner primarily as a homestead and is claimed and qualifies for the homestead exemption allowed under Georgia law. As used in this paragraph, homestead shall have the meaning specified by law for purposes of exemption from taxation, except that the term shall in clude not more than two acres of land upon which the residence is located or which immediately surrounds the residence. For the pur poses of this paragraph, any change of title between spouses shall not be considered a sale, purchase, or change of ownership. The assessed value of such homestead property for the purposes of taxation as specified in this paragraph shall be the value determined pursuant to this paragraph multiplied by the percentage specified by law for assessment of tangible property; provided, however, in case of error, or in case incorrect information is provided, the Board of Tax Assessors may make correction to the January 1, 1983, value; or the value on January 1 of the first year when homestead exemption was allowed and claimed after January 1, 1983; or the value on January 1 of the year following the last change of ownership after January 1, 1983, whichever is later. This paragraph shall not affect state taxa tion."

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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 [ ] NO

Shall the Constitution be amended so as to provide for assessment of homestead property in Muscogee County for ad valorem tax purposes based upon the value of the property on January 1, 1983; or as of January 1 of the first year when homestead exemption is allowed and claimed after January 1, 1983; or as of January 1 of the year follow ing the last change of ownership after January 1, 1983, whichever is later?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On 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 Bowen Brannon
Brown of 47th Bryant Cobb Coleman
Coverdell Deal
Dean Eldridge

Engram Evans Fincher of 52nd Foster Garner Gillis Greene Hill
Horton Howard Kennedy Kidd
Land Lester
Littlefield McGill

McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons
Trulock Turner
Tysinger Wessels

Those not voting were Senators:

Brantley Broun of 46th English

Fincher of 54th Holloway (presiding) Hudgins

Hudson Walker

MONDAY, MARCH 9, 1981

1831

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, 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 follow ing 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 249. SB 354. SB 355.

Respectfully submitted,
1st Ed Barker, Chairman Senator, District 18

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow.

At 6:10 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.

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Journal of the Senate 1981 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.